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Massachusetts Department of Environmental Protection Provided by MassDEP:
--- Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5 -Order of Conditions eDEP Transaction#:759553
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 .
City/Town:NORTH ANDOVER
A. General Information
1.Conservation Commission NORTH ANDOVER
2.Issuance a. (— OOC b.F Amended OOC
3.Applicant Details
a.First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
4.Property Owner
a.First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
5.Project Location
a.Street Address 4W HIGH STREET
b.City/Town NORTH ANDOVER . c.Zip Code 02143
d.Assessors Map/Plat# 54 e.Parcel/Lot# 0001
f.Latitude 42.7023 IN g.Longitude 71.12624W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 04863 0193
7.Dates
a.Date NOI Filed: 9/30/2014 b.Date Public Hearing Closed: 7/22/2015 c.Date Of Issuance: 7/23/2015
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
WEST MILL
REDEVELOPMENT HORSLEY WITTEN RICHARD A.CLAYTOR,P.E. July 2015 1"=20'
CONSTRUCTION GROUP,INC.
PLANS
B. Findings
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
' WPA Form 5- Order of Conditions eDEP Transaction#:759553C;tyfl'own:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. r Public Water Supply b. r Land Containing Shellfish C.r Prevention of Pollution
d. F Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. F Ground Water Supply h. r Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.F The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control.
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.F The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 0
area specified in 310CMR10.02(1)(a). a.linear feet
Inland Resource Area Impacts:(ForApprovals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. r Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.f Bordering Vegetated Wetland
a square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways
a square feet b.square feet c.square feet d.square feet
e.c/y dredged f.c/y dredged
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L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:759553
111Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
7.r 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.r Isolated Land Subject to Flooding
a.square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r Coastal Beaches
a.square feet b.square feet c.c/y nourishment d.c/y nourishment
14.r Coastal Dunes
a square feet b.square feet c.c/y nourishment d.c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.r Salt Marshes
a.square feet b.square feet c.square feet d.square feet
18.r Land Under Salt Ponds
i square feet b.square feet
c.c/y dredged d.c/y dredged
19.r Land Containing Shellfish
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:759553
�
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylTown:NORTH ANDOVER
a.square feet b.square feet c.square feet d.square feet
Indicate size under Coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
F- Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23.
r"Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
p
� WPA Form 5 - Order of Conditions eDEP Transaction#:759553City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1629"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of hitent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been filly stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) F is not(2)r subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: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
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LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5 - Order of Conditions eDEP Transaction#:759553
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
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 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement
fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the 0&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible parry 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.
)) 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.
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LI� Massachusetts Department of Environmental Protection Provided by MassDEP:
�— Bureau of Resource Protection-Wetlands MassDEP File#:242-1629 eDEP Transaction#:759553
)L
., WPA Form 5 - Order of Conditions
t Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/I'own:NORTH ANDOVER
Special Conditions:
SEE ATTACHED
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions
eDEP Transaction#:759553
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Ci llbwn:NORTH ANDOVER
Lll �
A Findings Under Municipal Wetlands Bylaw or Ordinance
1• Is a municipal wetlands bylaw or ordinance applicable?r Yes r No
2• The Conservation Commission hereby(check one that applies):
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
p y PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
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t i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:759553
j
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityffown:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified 2/12/2015
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date of Original Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by
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.
Signa s:
r by hand delivery on r y certified mail,return receipt requested, on
7/,,)3 / S
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the 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 pen-nit proceeding means the submission of written information to
the Conservation Commission prior to the close ofthe 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(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:759553
Massachusetts Wetlands Llr\lProtection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
4W HIGH STREET 242-1629
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner DAVID STEINBERGH
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
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DEP FILE #242- 1629 (AMENDED)
Findings:
• The North Andover Planning Board issued a Downtown Overlay Special Permit to
RCG, LLC on January 6, 2015.
• The North Andover Conservation Commission(NACC) issued a Negative
Determination to RCG West Mill NA LLC for stormwater management features
associated with additional parking. Portions of this project were not completed in
compliance with the proposed plan. The approved proposal includes stormwater
measures to account for additional flows from this area.
• On July 8, 2015, the applicant submitted a request to amend the Order of Conditions
issued February 12, 2015 to include relocation of parking, changes to traffic circulation,
construction of a deck/pedestrian plaza, and demolition of the entirety of Building 37
(partial demolition previously proposed). At the public hearing on July 22, 2015 the
amendment was approved. As such, the following conditions have been updated to
reflect the change in the scope of work: Condition #20 &21.
The NACC hereby finds that the following conditions are necessary, in accordance with the
Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to
protect those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
--JGENERAL CONDITIONS
20. The proposed work within jurisdiction includes: removal of existing building(entirety
of Building 37-with portions to be stabilized with loam and seed) and portions of the
pavement and redevelopment of the area with parking, pedestrian walkway,
landscaping and stormwater management. A buffer zone restoration plan is also
proposed.
21. The work shall conform to the following (except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: David Steinbergh
RCG West Mill NA LLC
17 Ivaloo Street, Suite 100
Somerville, Massachusetts 02143
Notice of Intent filed by: Jon Ford
Horsley Witten Group, Inc.
90 Route 6A
Sandwich, MA 02143
Date filed: October 7,2014
242-1629,4W high street-west mill spec cond(AMENDED)1 NACC 7/23/2015
e
DEP FILE #242— 1629 (AMENDED)
Request to Amend Order of
Conditions: MassDEP File #242-1629
Date: July 2015
Including Letter from David Steinbergh
Dated: July S,2015
Application Checklist and Checklist for Stormwater
Report
Site Plans prepared by: Horsley Witten Group, Inc.
Titled: West Mill Redevelopment Permitting Plan
(Sheets 1 through 16, Including 5A)
Last Revised: 1/12/15
All sheets reissued for Conservation& Planning
1/22/15
Stamped by: Fat Piu Lee, P.E.
Amended Site Plans: Horsley Witten Group, Inc.
Titled: West Mill Redevelopment Construction Plans
Sheets 1-17
Dated: July 2015
Stamped by: Richard A. Clayton, P.E.
Other Record Documents: Stormwater Analysis and Drainage Report
Prepared by: Horsley Witten Group
Dated: September 2014
Revised: December 2014
Stamped by: Fat Piu Lee, P.E.
Amended July 2015
O&M Report
Prepared by: Horsley Witten Group
Received January 2015
Amended: July 2015
Waiver Request Form
From: RCG West Mill NA LLC
Stormwater Review: Lisa D. Eggleston, P.E.
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury, MA 01776
Letter Dated: October 30, 2014
Email Dated: December 11, 2014; January 2,2015;
January 6, 2015
242-1629,4W high street-west mill spec cond(AMENDED)2 NACC 7/23/2015
,
DEP FILE #242— 1629 (AMENDED)
Response to Stormwater Review
Prepared by Horsley Whitten
Jonathan A. Ford, P.E.
Dated: December 4,2014
Email.Dated:January 6,2015
Stormwater Review of
Revised Design: Letter from Lisa D. Eggleston
Dated: July 17, 2015
West Mill Redevelopment- Revised Design
Wetland Delineation
Conducted by: Rimmer Environmental
Date: 8/15/14
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
take place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of
Conditions, the Act (310 CMR 10.00), the North Andover VAletland hyLaw 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.
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26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal, state or local statutes, ordinances,by-laws
or regulations.
27. The work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30)prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order,the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding
(BLSF). These resource areas are significant to the interests of the Act and Town
ByLaw as noted above and therein. The applicant has not attempted to overcome the
presumption of significance of these resource areas to the identified interests.
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated and referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot (25') No-
Disturbance Zone and a fiftyf (50) No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as approved under the waiver
requested and shown on the plans 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 Section 3.4 &Appendix F of the
local Regulations).
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35. The applicant's mitigation proposal to restore the No-Disturbance Zone as shown on
Sheet C-15 Buffer Zone Restoration Plan is acceptable to the NACC. The No-
Disturbance Zone will be monumented every 50 feet by posts with wetland markers.
The area will be planted in accordance with Planting Schedule shown on Sheet C-15.
Plantings will be monitored for two growing seasons (fall and spring two years) with a
monitoring report, including photographs, submitted to the NACC by November 1
and June 1 of each year. Plants that die or are not thriving during the monitoring
period shall be replaced. Invasive species removal will be conducted as detailed in
Note 4 of Sheet C-15.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter,the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding, storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
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.
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40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1629."
41. 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.
42. 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.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, demolition, drainage installation, mitigation
plantings and all other work planned through final stabilization.
44. 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.
45. A staked, minimum 12" silt sock (biodegradable, no plastic netting or 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 in the
location shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC or its agent prior to the start of construction and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
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example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC, they shall be installed within 48 hours of the Commissions
request.
46. Silt sacks will be placed in catch basins within 100-feet of the work.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling twenty (20) hay bales or an equivalent length of 12" silt sock and sufficient
stakes for staking these bales. Said bales/fence shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$25,000 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.
49. The applicant shall designate a Wetland Scientist (or other environmental professional
as approved by the NACC or its agent) as an"Erosion Control Monitor' to oversee
any emergency placement of controls and regular inspection or replacement of
sedimentation control devices. The name and phone number of the erosion control
monitor must be provided to the NACC in the event that this person has to be
contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occur on-site and for
as long thereafter as ground remains unstabilized, the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection,all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
242-1629,4W high street-west mill spec cond(AMENDED)? NACC 7/23/2015
DEP FILE #242— 1629 (AMENDED)
maintenance on-a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation,turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to construction, the applicant shall permanently mark the edge of the "25' No-
Disturbance Zone" on all delineated wetlands with signs or markers spaced evenly
every 50 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). 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. Markers may be obtained at the Conservation Department ($2 round/$3
square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions, the "Compliance Certification Form Affidavit" attached via"Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
53. Once these above mentioned pre-construction requirements are complete, the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel_ performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting (e.g. 72
hours).
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JISTORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
part of the public hearing process, the Department of Environmental Protection
Stormwater Management Policy and as approved by the NACC in this Order of
Conditions.
55. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
56. Erosion control measures shall be implemented and maintained in accordance with
the Construction Pollutant Controls section of the Stormwater Analysis and Drainage
Report referenced herein or as required in this Order.
57. The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan (SWPPP) prior to filing an NOI and the start of work. A copy of the
approved SWPPP will be provided to the Conservation Department
58. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
59. Prior to the issuance of a Certificate of Compliance, the owner will identify an
acceptable plan to ensure the reliability and ongoing maintenance of the tank and
pump system that receives drainage from the existing driveway loop, tree filter and
Bio 7 system. The plan will include an inspection and report documenting the existing
condition of the pump system and tank upon completion of site work.
60. Prior to the issuance of the Certificate of Compliance, the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
O&M Report attached herein and the associated stormwater management conditions
mandated herein.
61. All stormwater best management practices shall be maintained as specified in the
O&M Report submitted with the Notice of Intent referenced herein. The O&M Report
will be incorporated in the Order of Conditions. The approved O&M Report is fully
binding upon the applicant and/or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity. A log/proof of annual maintenance
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activities for all stormwater BMPs shall be maintained in perpetuity for a prior 5 year
period and shall be available upon request for review by the NACC or its agent
62. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity all swales, bioretention areas,tree filter pits, outlet structures, subsurface
storage areas, and other elements of the drainage system, in order to avoid blockages
and siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of vegetative cover
on the site.
DURING CONSTRUCTION
63. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
monitoring report(see condition#50).
64. As documented during stormwater peer review, construction of the drainage system
will require a great deal of precision. As such,the system shall be constructed in strict
accordance with the design and under the supervision of a qualified engineer. Inverts
of all drainage structures will be field verified during installation. Any disparities or
circumstances requiring adjustments of the design before or during construction
should be brought to the attention of the NACC or its designees for review and
approval prior to actual construction of the revised design.
65. Dewatering activities are not proposed as part of the filing. 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.
66. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
67. 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.
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68. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings/seed mixes) and stabilized, or loamed, seeded and mulched, with a layer of
mulch hay or matting (natural fibers only). All disturbed areas must be graded,
loamed and seeded prior to November 1St of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or
matting until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
69. 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.
70. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpiled materials shall be maintained within erosion controls.
71. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
72. 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.
73. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
74. 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.
"FA�F�TERCONSTRUCTION
75. 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 Towri s Wetland protection ByLaw.
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76. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen
types (< 5%) and phosphorous free, 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 except as permitted for invasive species management(see Sheet C-15). 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.
77. Permanent signs designating"No-Snow Stockpiling Zones" shall be displayed along
paved areas adjacent to the pond. Number and location of signs will be confirmed
with the Conservation Department prior to installation. Signs shall remain in
perpetuity.
78. The use of coal tar-based pavement sealants is prohibited on the property, as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
79. There shall be no dumping of leaves, grass clippings, brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
80. 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.
81. 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.
82. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
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h. 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.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor if
appropriate) of the Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage & stormwater
management structures constructed within 100 feet of any wetland resource
area. Specifically, "As-Built" plans should include inverts of all drainage
structures above and below grade, and an engineer's certification that the
drainage system has been constructed and is functioning in accordance with
the approved design. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone then the entire structure must be depicted
to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions, fences, sheds, stone walls,
pools, retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes�Lny disturbance of soils or vegetation.
➢ Location of all subsurface utilities entering the property.
83. 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 as
approved under DEP# 242-1629. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC (refer to
Section 3.4 of the Regulations for performance standards within these zones)
The Conservation Administrator and/or other agents of the NACC do not
have the authority to waive these setbacks as established under the local
ByLaw;
➢ Resource Area Markers (Condition #51);
➢ Stormwater Management System Maintenance (Condition#61 & #62
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➢ Discharge or spillage of pollutants (Condition#74);
➢ Prohibition of underground fuels (Condition#75);
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#76);
➢ "No-Snow Stockpiling' signs (Condition #77);
➢ Prohibition on coal tar-based sealants (Condition#78);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#79);
➢ The attached"Stormwater O&M Report", including Best Management
Practices. No additional filings will be required to conduct maintenance of
the above referenced system as detailed in the report.
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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 have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 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)
242-1629,4W high street-west mill spec cond(AMENDED)15 NACC 7/23/2015
Horsley Witten Group
Sustainable Environmental Solutions
90 Route 6A, Unit#1 • Sandwich, MA • 02563
Phone-508-833-6600 Fax-508-833-3150• wwwhorsleywitten.com
O&M Report
West Hill Redevelopment
4W High Street
North Andover, MA
July 2015
Prepared for:
RCG LLC
i 17 Ivaloo Street,Suite 100
Somerville, MA 02143
Submitted by:
int Horsley Witten Group,Inc.
b
TABLE OF CONTENTS
Page
1.0 INTRODUCTION 2
2.0 RESPONSIBILTY FOR OPERATION AND MAINTENANCE 3
3.0 MAINTENANCE/INSPECTION SCHEDULE AND TASK 3
3.1 Conveyance Structures 4
3.2 Pretreatment Practices 4
3.3 Stormwater Treatment Practices 5
3.4 Routine Maintenance 7
3.5 Invasive removal 7
4.0 LONGTERM POLLUTION PREVENTION PLAN 9
5.0 ESTIMATED OPERATION AND MAINTENANCE BUDGET 11
APPENDICES
Appendix A: Inspection Forms
Appendix B: Site Plans
West Mill Redevelopment 1 Horsley Witten Group,Inc.
North Andover, MA July 2015
H:\Projects\2014\14077 RCG LLC-West Mill North And over\Reports\Stormwater\0&M\141124-0&M Plan-14077.doc
WEST MILL REDEVELOPMENT
STORMWATER OPERATION AND MAINTENANCE PLAN
1.0 INTRODUCTION
All stormwater management and controls are to be operated and maintained appropriately
during regular operation of the site in the post-construction period.The Property Owner and/or
Property Management Company is to provide, inspect, and maintain all stormwater
management and controls.
The following document provides the operation and maintenance (O&M) requirements for the
permanent stormwater management system for West Mill Redevelopment the stormwater
controls identified in the plan provided in Appendix A,will be inspected regularly to prevent
deficiencies in the effectiveness of the systems due to sediment build-up, damage, or
deterioration. Permanent stormwater controls are to be operated and maintained
appropriately during the regular operation of the site in the post-construction period as well as
during the construction phase of the project.
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2.0 RESPONSIBILITY FOR OPERATION AND MAINTENANCE
L
Owner: RCG LLC i
Contact: Responsible party to be designated by RGC
The owner is responsible for the continuous operation and maintenance of the stormwater
BMPs and associated drainage areas.
3.0 MAINTENANCE/INSPECTION SCHEDULE AND TASKS
The maintenance objective for these practices includes maintaining the hydraulic and pollutant
removal capacity of the systems and maintaining healthy native,vegetative cover. This section
describes the required 0&M measures for each site. Also included is a plan showing the
location of the items to be inspected and maintained, as well as a specific 0&M checklist that
Maintenance Staff will use during inspections.
During the six months immediately after construction, all BMP retrofit practices should be
inspected monthly as well as after precipitation events of at least 1.0 inch to ensure that the
system is functioning properly.The following activities are recommended during the first six
month after construction:
• Inspection of flume inlet, swale, sediment forebay weir, and side slopes for erosion
gullying. Repair/re-vegetate as necessary.
• Proper grass seed establishment and satisfactory growth. Additional loam and
overseeding may be required within the first 6 months to correct bare spots and thin
growth.
• Watering as required to establish and maintain grass.
• Loam and seed any void areas or washouts along the bioretention bed caused by
precipitation runoff.
Thereafter, inspections shall be conducted twice annually(spring and fall) and after major
storm events,which are those greater than or equal to the 1-year, 24-hour precipitation event
(-2.5" in Essex County). The following tasks are recommended as specified or as needed basis
and broken into four main categories as identified on the attached O&M Site Plan.
I
I
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3.1 Drainage Conveyance Structures (Inflow/Outflow)
• Flume Inlet • Overflow Structure
• Sidewalk Trench Grates • Spillways
• Diversion Structures • Inline Drain
• Underdrains • Drainage Pipes
All drainage conveyance structures should be inspected and twice annually (spring and fall)and
after major storm events to monitor for proper operation, collection of solids, litter and/or
trash, and structural deterioration. The structures should be cleaned annually, or when the
depth of sediment exceeds one half the depth from the bottom of the invert, and repaired
when required. Flume Inlets, in particular, should be inspected for sediment build-up at
entrances,which may cause blockage and re-direction of flow away from the applicable facility.
Accumulated sediment shall be removed and disposed of properly.
All drainage inlets, catch basins, drain manholes, and oil-water/grit separators will be
inspected at least twice annually (spring&fall)to monitor for proper operation, collection
of solids, litter and/or trash,and structural deterioration. The structures will be cleaned
annually or when the depth of sediment exceeds one half the sump depth, and repaired
when required. Sediments shall be removed by clam-shell or vacuum-truck; they will not be
removed by flushing. Proprietary traps and filters associated with practices shall be
maintained as recommended by the manufacturer. Collected sediment will be disposed of
properly in a pre-approved off-site location.
3.2 Pretreatment Practices
Sediment Forebay: The swale and sediment forebay function as pretreatment for the
primary practice. A general inspection and maintenance of the swale and forebay shall be
conducted twice annually (spring and fall) and after major storm events. Maintenance work
consists of the following:
• Removal of any trash and/or debris.
• Removal of sediment when buildup is greater than or equal to 2 inches. Sediment
should be removed by hand or shovel in both linear sediment forebay(Type 2) and
typical sediment forebay(Type 1). Any plants damaged or removed during sediment
removal should be replaced with the same plant genus and species as shown on
Sheet C-14 of the Construction Plans. Sediment shall be disposed of off-site in a pre-
approved location.
• Correction of any side slope erosion gullying, animal burrowing or slope slumping,
and replanting as necessary.
• Correction of any erosion along the bottom of the Swale, particularly near the
sidewalk trench grate. Repair with appropriate material.
• Correct any settling of the weirs/check dams between the sediment forebay and the
primary treatment area. Ensure that weirs/check dams are level. Correct any
erosion that has occurred around the edges of the weir.
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• Remove and replace vegetation as necessary, using the appropriate species as
shown on Sheet C-14 of the Construction Plans.
3.3 Stormwater Treatment Practices
A stormwater treatment system should be regularly inspected to ensure proper performance
and to prevent deficiencies in the effectiveness of the systems due to sediment build-up,
damage, or deterioration. The following operation and maintenance provisions should be
provided:
Filtering Systems
Bioretention Areas
General maintenance of the bioretention area falls under landscaping practices. A general
inspection and maintenance of the bioretention area shall be conducted twice annually(spring
and fall) and after major storm events. Maintenance work consists of the following:
• Removal of any trash and/or debris.
• Correction of any side slope erosion gullying, animal burrowing or slope
slumping,and replanting as necessary.
• If standing water is observed in the bioretention 48 hours after a storm event,
the top 6 inches of the bioretention soil/mulch area shall be roto-tilled or
.cultivated to breakup any hard-packed sediment,and replenished with mulch
and replanted. The underdrain system shall be snaked and/or flushed. Replant
with species as shown on Construction Plans.
• In a worst-case scenario,the entire filter bed may need to be re-installed.
Upon failure, excavate bioretention soil, rake the pea gravel to loosen, inspect
underdrain trench to determine if it has been compromised, repair as
necessary, replace soil, replant, and mulch.
Plant maintenance is critical to the function of the bioretention area and should include the
following:
• Cut back grasses, sedges, and rushes annually in the spring.
• Remove and replace vegetation as necessary, using the appropriate species as
shown the Construction Plans. If at least 50 percent vegetation coverage is not
established after two years, a reinforcement planting should be performed. When
replacing a plant, place the new plant in the same location as the old plant, or as
near as possible to the old location. The exception to this recommendation is if
plant mortality is due to initial improper placement of the plant(i.e., in an area that
is too wet or too dry) or if diseased/infected plant material was used and there is
risk of persistence of the disease or fungus in the soil. The best time to plant is in
early to mid-fall or early to mid-spring. Plants should be planted as soon as possible
after purchase to ensure the best chance of survival. If possible, new plants should
be approximately the same size as those that are being replaced. If surrounding
plants have already become well established, care may need to be given to the new
plants to ensure successful growth.
• Plant Thinning: Separation of herbaceous vegetation rootstock should occur when
over-crowding is observed, or approximately once every 3 years.
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• Mowing: Mowing of the bioretention area is NOT necessary or recommended. By
design, plants in bioretention areas are meant to flourish throughout the growing
season, leaving dry standing stalks during the dormant months. When mowing near
bioretention areas, either use a mulching blade, or point the mower away from the
bioretention area. Fresh grass clippings are high in nitrogen and should not be
applied to bioretention areas, as they will compromise the facility's pollutant
reduction effectiveness.
• Weeding: Weeding should be limited to invasive and exotic species,which can
overwhelm the desired plant community. However, native non-invasive volunteer
species are often desirable, as they add to the diversity of the plant community.
Non-chemical methods(hand pulling and hoeing) are preferable; chemical
herbicides should be avoided.
• Fertilizing: Proper selection of plant species and support during establishment of
vegetation should eliminate the need for fertilizers and pesticides.
• Watering: Watering is necessary during the first few weeks after planting, and
during drought conditions. During drought conditions, plants should be watered a
minimum of every seven to ten days.
• Mulching: Replace mulch every two years, in the early spring.The previous mulch
layer should be removed, and properly disposed of, or roto-tilled into the soil
surface. Mulch layers should not exceed 3" in depth. Avoid blocking inflow
entrance points with mounded mulch or raised plantings.Once a full groundcover is
established, mulching may not be necessary. All barren areas within the extents of
the facility shall be replenished with mulch and re-vegetated to the original design
standards.
Bioretention Maintenance Schedule
General Maintenance
Task Frequency Time of the Year
Min.twice annually(spring
Site Inspection and fall) &after major storm Spring thru Fall
events.
Min.twice annually(spring
Debris removal and fall) &after major storm Spring thru Fall
events.
Min.twice annually(spring
and fall) or when sediment is
Sediment removal > 2" in sediment forebay; April
Ensure sediment does not
cause blockage of flume inlet
Plant Maintenance
Task Frequency Time of the Year
Plant Cutting/Thinning Annually Early Spring
Weeding As needed April-October
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Watering Drought conditions only July-August
Plant Replacement As required Spring or Fall preferred
Fertilizing Should not be required
Mulch Maintenance
Task Frequency Time of the Year
Remove & replace existing Once every two years or as April
mulch required
Min. 2x per year&after
Re-mulch void areas major storm events as July& November
needed
Filter Bed Maintenance
Task Frequency Time of the Year
Tilling As needed If standing water does not
drain after 48 hours
If standing water does not
Soil Media Replacement As needed drain after tilling(see
above)
Snow Removal Not required Not required
3.4 Other Routine Maintenance
Other routine maintenance should include removal of trash and litter from paved and
perimeter areas, and street sweeping a minimum of once per year after the spring thaw. The
pipes draining the project should be inspected annually for proper operation. Specific
considerations when maintaining the parking lots, roadway surfaces, and grounds are as
follows:
• Pet Waste Removal: Pet waste should be picked up and disposed of properly to
reduce bacteria levels in stormwater.
• Snow Removal: Plowed or shoveled snow piles should not block the flume inlet
structure or be placed in the bioretention area. Note that snow removal is NOT
recommended in the bioretention area.
• De-Icing: When de-icing compounds are necessary for the parking lot and sidewalk,
the least harmful chemicals should be used. Excessive salting of the parking
lot/sidewalks should be avoided. Use of large amounts of sand should also be
avoided, since it may obstruct the conveyance system. Ice removal is NOT
recommended in the bioretention area.
3.5 Invasive Removal
Proposed Management Techniques for Phragmites
The Applicant proposes an on-site integrated control program to address the small population
of Phragmites adjacent to Osgood Pond (see below for location).This area will be managed
using the "cut and drip" method during the months of July and August following tasseling to
control the spread of this species within the resource areas. Application of glyphosate by a
Licenses Pesticide Applicator in MA using a hand sprayer will follow two to three weeks after
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cutting the plant to a height of six inches. This may be required for more than one growing
season. Repeated cutting of remaining Phrogmites stems will be continued as necessary to
eliminate the plant from this area. Use of herbicide shall be limited to the invasive removal area
below.
Monitoring of Mitigation Areas
The Applicant proposes to monitor the Mitigation Areas over the course of the first two
growing seasons, in a schedule similar to that typically required for BVW replication areas (i.e.,
twice annually). Initial monitoring of the restoration area may be more frequent during the
grow-in period, such as following initial planting and seeding, and after the first month of the
growing season to inspect newly installed plantings. Monitoring activities should include an
assessment of the relative success of the restored area,the health and vigor of the plantings,
and provide recommendations for replacement of any dead or dying vegetation. Annual
monitoring reports should be submitted to the North Andover Conservation Commission and
MA DEP.
- + OSGOOD POND
--
41
APPROXIMATE INVASIVE
REMOVAL AREA _
Wit / rOOo 00
i f :—
C'ir.
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LONG-TERM POLLUTION PREVENTION PLAN
Long-term pollution prevention measures implemented at the each project site will further
reduce pollutants in stormwater discharges after construction. The following practices will be
employed on an on-going basis.
Spill Prevention and Control Measures
To minimize the risk of spills or other accidental exposure of materials and substances to
stormwater runoff, the following material management practices will be used throughout the
project:
• An effort will be made to store only enough products required for operation and
maintenance of the facility.
• All materials stored on-site will be stored in a neat, orderly manner in their appropriate
containers and, if possible, under a roof or other enclosure.
• Products will be kept in their original containers with the original manufacturer's label.
• Substances will not be mixed with one another unless recommended by the
manufacturer.
• Whenever possible, the maximum amount of a product will be used before disposing of
the container.
• Manufacturers' recommendations for proper use and disposal will be followed.
• The site superintendent will be issued the 0&M to ensure proper use and disposal of
materials.
To reduce the risk associated with hazardous materials used on the site,the following practices
will be used:
• Products will be kept in original containers unless they are not resealable.
• Original labels and material safety data sheets will be retained and kept on-site;they
contain important product information.
• If surplus product must be disposed of, manufacturers' or local and state recommended
methods for proper disposal will be followed.
Materials or substances listed below may be present on-site for operation and maintenance:
• Materials List:
o Concrete o Cleaning Solvents
o Fertilizers o Wood
o Asphalt o Tar
o Petroleum Based Products o Adhesives
o Paints (enamel and latex) o Sealants
The following product-specific practices will be followed on-site:
• Petroleum Products-All on-site vehicles will be monitored for leaks and receive
preventative maintenance to reduce the chance of leakage. Petroleum products will be
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stored in tightly sealed containers which area clearly labeled. Any asphalt substances
used on-site will be applied according to the manufacturers' recommendations.
Fertilizers—Fertilizers shall be slow release, low-nitrogen types (<5%) and phosphorous
free, and shall not be used within 25 feet of a resource area. Fertilizers used will be
applied only in the minimum amounts recommended by the manufacturer. Once
applied, fertilizer will be worked into the soil to limit exposure to stormwater. Products
will be stored in a covered shed. The contents of any p Y g partially used bags of fertilizer will
be transferred to a sealable plastic bin to avoid spills.
Paints—All containers will be tightly sealed and stored indoors when not required for
use. Excess paint will not be discharged to the storm and/or sewer system but will be
properly disposed of according to the manufacturers' instructions or state and local
regulations.
• Concrete Trucks—Concrete trucks will not be allowed to wash out or discharge surplus
concrete or drum wash water on the site.
Lawn/Landscaping Maintenance
Lawn and landscaping maintenance will be conducted with minimal use of fertilizers and
pesticides to protect the nearby wetland and water resources. Fertilizers utilized for
landscaping and lawn care shall be slow release, low-nitrogen types (<5%) and phosphorous
free, 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. Fertilizer will be applied a maximum three
times during the growing season,and pesticides will be applied sparingly, as needed, following
the manufacturer's directions for application. Any fertilizer/pesticide that lands on paved
surfaces such as sidewalks and/or parking areas will be swept up and removed immediately to
prevent it from entering the storm drain network. Geese will be discouraged from foraging on
the lawn areas to reduce nutrient and bacteria inputs from their droppings.
Pet Waste Management
Residents will be encouraged to pick up after their pets with signage along lawn areas.
Solid Waste Management
An enclosed dumpster with a lid will be provided on-site for solid waste management at the site
during facility operations.
Snow Management/Removal Plan
Plowed snow collected from the roadway and parking area will be not be directed to the
stormwater management system. Winter road salt and/or sand will not be stored on-site and
will be used minimally as necessary for safe driving conditions at the site. Snow storage areas
shall be those identified on the Operation and Maintenance figure. If the identified locations
are insufficient, snow will be transported to appropriate alternate locations on the property as
required.
Pavement Sweeping Schedules
The roadway and parking area will be swept annually after spring snowmelt.
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Illicit Discharges
No sewer pipes or floor drains will be connected to the drainage network. All wastewater will
be connected to in approved locations.
Personnel Training
All contracted personnel retained for work on site will be given a copy of this Plan and will
receive training in applicable practices and implementation to prevent pollutants from entering
the stormwater system.
4.0 ESTIMATED OPERATION AND MAINTENANCE BUDGET
The estimated average annual operating and maintenance budget for the proposed system is
shown below:
Bioretention Areas/Bioswales(8): $8,000
Source: Center for Watershed Protection (CWP) ($1,000/each)
Catch Basins and Drain Manholes: $3,000 ($200/basin)
Source: Massachusetts Highway Department
Other Routine Maintenance: $1,000
Removal of trash and litter
Annual street sweeping
Pipe network/outfall inspections
Total: $12,000
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Bioretention Areas
Operation and Maintenance Checklist
West Mill Redevelopment
North Andover, Massachusetts
Date:
Time:
Inspector:
Location:
Maintenance
Maintenance Item Description Required?
(Y/N)
1. Conveyance Structures-Inspect annually and after major storm events(1-yr storm or greater)
Flume Inlet Sidewalk Trench Grate Overflow Structure
Remove all trash,debris,and sediment from all structures
Debris Cleanout annually or when sediment buildup is half the depth from
the invert to the bottom,as applicable.*
Remove sediment from flume inlet regularly or when a
Manholes/Diversion build-up is noticed that impacts inflow. If inlet becomes
Structures/Outlets blocked,the bioretention area will not receive the proper
flow.
Check for settling gullying or erosion. Ensure spillway is
Emergency Spillways level. Repair as necessary if damaged or settling. Return to
design grades.
2. Sediment Forebay—Inspect annually and after major storm events(1-yr storm or greater)
Debris Cleanout Remove all trash and debris from the swale and forebay.
Sediment/Organic Debris Sediment build-up shall be removed and properly disposed
Removal of when build-up is greater than or equal to 3 inches.*
Repair as necessary if signs of erosion gullies,animal
Side Slopes burrowing,or slumping are observed.
River Stone
Look for areas of erosion in the swale, particularly near the
sidewalk trench grate. Repair/replace stone as necessary.
Boulder Walls Ensure that walls have not settled. Check for areas of
erosion or water seepage. Repair as necessary
III-established,dead or severely diseased plants will be
Vegetation Maintenance removed and replaced annually. See Sheet LA-1 of
Construction Plans for appropriate species.
Maintenance
Maintenance Item Description Required?
(Y/N)
ADS Water Quality Unit Per manufacturers recommendations. See Appendix D.
3. BioretentionArea—Inspect at least bi-annually and after major storm events the first year;then annually
and after major storm events(1-yr storm or greater)
Remove all trash and debris from the surface of the
Debris Cleanout bioretention system.
Repair as necessary if signs of erosion gullies, animal
Side Slopes burrowing,or slumping are observed.
If standing water is observed in the bioretention area 48
Sediment/Organic Debris hours after a storm event,the bottom 6 inches shall be
Removal rototilled or cultivated to breakup any hard-packed
sediment, and replenished with mulch.*
Monitor the bioretention soil for proper pH,erosion,and
aeration. Well-aged (minimum 6 months),shredded
hardwood mulch shall be replaced bi-annually as needed,
Vegetation Maintenance/ and ill-established,dead or severely diseased plants will be
Replacement removed and replaced annually. See Sheet LA-1 of
Construction Plans for appropriate species. Grasses,
sedges, and rushes should be cut back annually in the
spring.
Ensure standing no standing water for more than 48 hours.
Water Draining properly Ilf standing water check cleanouts for clogging or aerate.
4. Routine Grounds Maintenance—Inspect annually
Debris Removal Remove trash from perimeter areas.
Pavement Sweeping Sweep parking lot minimum once a year after spring thaw.
Contributing drainage area Contributing drainage area stabilized
Drainage Network Ensure proper operation.
*Sediment shall be disposed of offsite in a pre-approved location.
Comments:
Actions to be Taken:
i�i
i
Bioswale
Operation and Maintenance Checklist
West Mill Redevelopment
North Andover, Massachusetts
Date:
Time:
Inspector:
Location:
Maintenance
Maintenance Item Description Required?
(Y/N)
1. Conveyance Structures-Inspect annually and after major storm events(1-yr storm or greater)
Flume Inlet Sidewalk Trench Grate Overflow Structure
Remove all trash,debris,and sediment from all structures
Debris Cleanout annually or when sediment buildup is half the depth from
the invert to the bottom,as applicable.*
Remove sediment from flume inlet regularly or when a
Paved Drainage Flume build-up is noticed that impacts inflow. If inlet becomes
blocked,the facility will not receive the proper flow. Look
for areas of erosion at bottom of inlet.
Check for clogging and debris accumulation on outlet
Outlet Structures grates or in bottom of outlet structure. Repair as
necessary.
Check for settling gullying or erosion. Ensure spillway is
Emergency Spillways level. Repair as necessary if damaged or settling. Return to
design grades.
2. Sediment Forebay—Inspect annually and after major storm events(1-yr storm or greater)
Debris Cleanout Remove all trash and debris from the swale and forebay.
Sediment/Organic Debris Sediment build-up shall be removed and properly disposed
Removal of when build-up is greater than or equal to 3 inches.*
Side Slopes Repair as necessary if signs of erosion gullies,animal
burrowing,or slumping are observed.
III-established,dead or severely diseased plants will be
Vegetation Maintenance removed and replaced annually. See Sheet LA-1 of
Construction Plans for appropriate species.
Boulder Checkdams No evidence of flow going around structures. No evidence
at downstream toe
Maintenance
Maintenance Item Description Required?
(Y/N)
3. Bioswale—Inspect at least bi-annually and after major storm events the first year;then annually and after
major storm events(1-yr storm or greater)
Debris Cleanout Remove all trash and debris from the surface of the
bioretention system.
Side Slopes Repair as necessary if signs of erosion gullies,animal
burrowing,or slumping are observed.
If standing water is observed in 48 hours after a storm
Sediment/Organic Debris event,the bottom 6 inches shall be rototilled or cultivated
Removal to breakup any hard-packed sediment,and replenished
with mulch.*
i
Vegetation Maintenance/
Replacement Mow twice per year minimum (4"-6"grass height)
Water Draining properly Ensure standing no standing water for more than 48 hours.
Ilf standing water check cleanouts for clogging or aerate.
4. Routine Grounds Maintenance—Inspect annually
Debris Removal Remove trash from perimeter areas.
Pavement Sweeping Sweep parking lot minimum once a year after spring thaw.
Drainage Network Ensure proper operation.
Contributing drainage area Contributing drainage area stabilized
*Sediment shall be disposed of offsite in a pre-approved location.
Comments:
i
Actions to be Taken:
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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
4 High Street, North Andover
At the April 9, 2014 public hearing, the North Andover Conservation Commission (NACC) voted to issue
a Negative Determination of Applicability for construction of thirty (30) additional parking spaces and
associated stormwater infrastructure shown on the herein referenced plans.With the assistance of a third
party consultant, Eggleston Environmental, the project,as designed,will utilize Low Impact Development
(LID) best management practices (BMPs) including permeable pavers and rain gardens. The LID system
will connect to the existing stormwater management system through an under drain. The project will
conform to the following:
Owner/Applicant: RCG West Mill NA LLC
c/o RCG LLC
17 Ivaloo Street, Suite 100
Somerville, MA 02143
Record Documents: Request for Determination of Applicability Form 1 and supporting
materials, submitted: March 17, 2014
Plans Titled: C1.0 Existing Conditions Plan—03.14.14
C1.1 Existing Conditions Plan w/Locus - 03.14.14
C2.0 Erosion Control Plan—03.14.14
C3.0 Layout&Materials Plan—Revised 3.21.14
C4.0 Grading&Drainage Plan—Revised 04/07/14
C5.0 Details—Revised 04/08/14
Prepared by:
Design Consultants, Inc.
Civil Engineers and Land Surveyors
120 Middlesex Avenue,
Somerville MA 02143
Stamped by:Wayne A. Keefner,P.E.
Drainage Report: West Mill
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.tov.nofaorthandom.com/Pages/NAndoverUA—Conservation/index
Prepared by: Design Consultants, Inc.
Stamped by: Wayne A. Keefner,P.E.
Last Revised 4/7/14
i
Stormwater Review: Eggleston Environmental
32 Old Framingham Rd,Unit#29
Sudbury,MA 01776
Emails dated: April 3 & 8, 2014
SPECIAL CONDITIONS:
1. Prior to the start of construction the applicant shall ensure that the site contractor has reviewed the
project plans and is aware of the wetland resource areas and the limits of the proposed work.
2. Prior to the start of construction, the applicant will submit an updated Erosion Control Plan depicting
catch basin and other protections to any direct connection to the underground stream flowing to
Sutton Pond. Once erosion controls are installed, the contractor will contact the Conservation
Department to schedule a preconstruction meeting to inspect the installed erosion controls.
3. Excess soils or other material shall not be stockpiled within 100' of the resource areas.
4. Upon completion of the approved project and site stabilization (seeded areas are ready to be mowed),
please contact the Conservation Department for a final inspection. Once approved, erosion controls
can be removed.
1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:htV.f/www.townofnorthandover.coin/Pages/NAndove&TA_Conservadon/index
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the North Andover
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the RCG West Mill NA, LLC
return key. Name Name
17 Ivaloo Street, Suite 100
r� Mailing Address Mailing Address
Somerville MA 02143
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Site Plans Sheets C1.0, C1.1, C2.0, C3.0, C4.0, C5.0 March 14, 2014
Title Date
Title Date
Title Date
2. Date Request Filed:
3/17/2014
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Stormwater management features associated with additional parking area.
Project Location:
4 High Street North Andover
Street Address City/Town
Map 54 Parcel 0001
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.08/13 Page 1 of 5
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doc•Determination of Applicability•rev.08/13 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
® 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•Determination of Applicability•rev.08/13 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination cont.
❑ 5. The arca described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
i I
Exempt Activity(site applicable statuatory/regulatory provisions)
I
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
North Andover Wetlands Protection Bylaw Chapter 178
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
by hand delivery on ❑ by certified mail, return receipt requested on
q-- 16 -/ �-/
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to
the appropriate DEP Regional Office(see
9
http://www.mass.gov/eea/agencies/massder)/about/contacts/find-the-massdep regional office for your
city-or-town.html) and the property owner(If different from th applicant).
Signatures:
C_
Date
wpaform2.doc•Determination of Applicability-rev.08/13 Page 4 of 5
Massachusetts Department of Environmental Protection
L7 Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
i
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office (see http://www.mass.qov/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.html)to issue a Superseding Determination of Applicability.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. 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. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.doc•Determination of Applicability•rev.08113 Page 5 of 5
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, X40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
r� Phone Number Fax Number(if applicable)
Project Location
re2sn
Mailing Address
City/Town State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability(Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability ($120)
❑ Superseding Order of Resource Area Delineation ($120)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 1 of 2
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131,',§40
I
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-reg Tonal-office-for-
your-city-or-town.html).
4. 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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 2 of 2
I
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5-Order of Conditions eDEP Transaction 4:728364
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
L13
City/Town:NORTH ANDOVER
A. General Information
L.Conservation Commission NORTH ANDOVER
2.Issuance a. r OOC b.r Amended OOC
3.Applicant Details
a.First Name b.Last.Name
c.Organization RCG NORTH ANDOVER MILLS LLC
d.Mailing Address 17 IVALOO STREET
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
4.Property Owner
a.First Name b.Last Name
c.Organization RCG NORTH ANDOVER MILLS LLC
d.Mailing Address 17 IVALOO STREET
e.City/Town SOMERVILLE f State MA g.Zip Code 02143
5.Project Location
a.Street Address 1 HIGH STREET-EAST MILL POND
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat# 69 e.Parcel/Lot# 1
f.Latitude 42.70096N g.Longitude 71.12345W
6.Property recorded at the Registry of Deed for:
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 10601 340
7.Dates
a.Date NOI Filed:2/11/2015 b.Date Public Hearing Closed: 3/11/2015 c.Date Of Issuance: 3/25/2015
8.Final Approved Plans and Other Documents
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
EAST MILL POND AQUATIC CONTROL NA 1/14/15 NA
FIGURES 1-3 TECHNOLOGY,INC.
B. Findings
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Page 1 of 10*ELECTRONIC COPY
a s
•r
3 •
l• F 'i"
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5- Order of Conditions eDEP Transaction#:728364Cityffown:NORTHANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all that apply:
a. Iv Public Water Supply b. r Land Containing Shellfish c.r7 Prevention of Pollution
d. F Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat
g. r Ground Water Supply h. F Storm Damage Prevention i. r Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.
This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following
General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or
differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control
Denied because:
b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.I—The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3 r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource
area specified in 310CMR10.02(l)(a). a.linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. f-Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. r Land under Waterbodies and Waterways 114340 114340 0 0
a.square feet b.square feet c.square feet d.square feet
0 0
e.cly dredged f.cly dredged
7.C Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Page 2 of 10*ELECTRONIC COPY
� s
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5- Order of Conditions eDEP Transaction#:728364
l ` City/Town:NORTH ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
8.F Isolated Land Subject to Flooding
a square feet b.square feet
Cubic Feet Flood Storage
c.cubic feet d cubic feet e.cubic feet f.cubic feet
9.r Riverfront Area
a total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts:
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.r Designated Port Areas Indicate size under Land Under the Ocean,below
11.r Land Under the Ocean "
a.square feet b.square feet
c.c/y dredged d.c/y dredged
12.F-Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.r-Coastal Beaches
a square feet b.square feet c.c/y nourishment d.c/y nourishment
14.1-Coastal Dunes
a square feet b.square feet c.c/y nourishment d c/y nourishment
15.r Coastal Banks
a.linear feet b.linear feet
16.r Rocky Intertidal Shores
a.square feet b.square feet
17.f Salt Marshes
a square feet b.square feet c.square feet d.square feet
18.f Land Under Salt Ponds
a.square feet b.square feet .
c.c/y dredged d.c/y dredged
19.f Land Containing Shellfish
a.square feet b.square feet c.square feet d.square feet
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5 -Order of Conditions eDEP Transaction#:728364
LlMassachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Ibwn:NORTH ANDOVER
Indicate size under Coastal Banks,inland Bank,Land Under the
20.f Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.cly dredged d.cly dredged
21.r Land Subject to Coastal Storm Flowage
a.square feet b.square feet
22.
r Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BVW b.square feet of Salt Marsh
23.
I-'Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
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r 1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5 - Order of Conditions eDEP Transaction#:728364
(� Massachusetts Wetlands Protection Act M.G.L.c. 131, §40
City/Town:NORTH ANDOVER
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"]
File Number:"242-1646"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
- Order,and may require the submittal of any data deemed necessary by,the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent Va.Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) f is not(2)F subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: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
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4
Massachusetts Department of Environmental Protection Provided by MassDEP:
- Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5 -Order of Conditions eDEP Transaction#:728364
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-NORTH ANDOVER
Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all planting
plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in
proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand
erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed
responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the
responsible party(defined in General Condition 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement')for the Stormwater BMPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e Unless and until anotherp arty accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(o"through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs..A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
fl The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written
approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the
MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered
without the prior written approval of the issuing authority.
I) 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:
NONE
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r ! ,
7LMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5-Order of Conditions eDEP Transaction#:728364
t Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town-.NORTH ANDOVER
Page 7 of 10*ELECTRONIC COPY
\ Massachusetts Department of Environmental Protection Provided by MassDEP:
�f-- Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5- Order of Conditions eDEP Transaction#:728364
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
A Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable?F- Yes r No
2. The Conservation Commission herebylcheck one that applies
a. r DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
F APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
-
PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from•the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEEATTACHED
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i 1
f7) i
ri
Massachusetts Department of Environmental Protection Provided by MassDEP:
7 Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
eDEP Transaction#:728364
WPA Form 5-Order of Conditions . City/Town:NORTx ANDOVER
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
c
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified "
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date ofOrigin Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant
Signatures:
VVr by hand delivery on by certified mail,return receipt requested,on
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.
Any appellants seeking to appeal the 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(3 10 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw,
and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction.
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[ t
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1646
WPA Form 5 - Order of Conditions eDEP Transaction#:728364
l Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1 HIGH STREET-EAST MILL POND 242-1646
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:'
County Book Page
for:
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 Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
DEP FILE #242 -1646
Therefore,the North Andover Conservation Commission(hereafter the "NACU) hereby
finds that the following conditions are necessary,in accordance with the Performance
Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect
those interests noted above. The.NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent, the conditions shall control.
GENERAL CONDITIONS
20. The proposed work includes: an Aquatic Management Program for East Mill Pond to
provide selective control of non-native submersed and emergent aquatic plant species
including water chestnut, common reed, and purple loosestrife using USEPA/MA DAR
registered aquatic herbicides and algaecides and aeration to slow pond eutrophication. A
monitoring program is included.
21. The work shall conform to the following:
Applicant/ RCG North Andover Mills LLC
Property Owner: 17 Ivaloo Street
Somerville, MA 02143
Representative/NOI
Prepared by: Marc Bellaud
Aquatic Control Technology, LLC
21 West Main Street
Spencer, MA 01562
NOI Received: January 29, 2015
Site Plans prepared by: Aquatic Control Technology, Inc.
Title: Figure 1 - USGS Site Locus
Date: 11/20/14
Title: Figure 2-Vegetation Assemblage
e g g
Date: 1/14/15
Title: Figure 3 - Proposed Treatment Program
Date: 1/14/15
Other Record Documents: Notice of Intent Application
Submitted:January 29, 2015
22. The term Applicant as used in this Order of Conditions shall refer to the owner, any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be notified
242-1646,east mill pond- aquatic mgt program 1 NACC 3/26/2015
J �
DEP FILE #242— 1646
in writing within 30 days of all transfers of title of any portion of property that takes place c
prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon, the applicant, owner,
its employees and all successors and assigns in interest or control. These obligations shall
be expressed in covenants in all deeds to succeeding owners of portions of the property.
24. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However, the
NACC, agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,
the Act (310 CMR 10.00),the North Andover Wetland ByLaw and Regulations, and may
require any information, measurements, photographs, observations, and/or materials, or
may require the submittal of any data or information deemed necessary by the NACC for
that evaluation. Further,work shall be halted on the site if the NACC, agent or DEP
determines that any of the work is not in compliance with this Order of Conditions.
Work shall not resume until the NACC is satisfied that the work will comply and has so
notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws or
regulations.
27. This Order is issued in addition to an order under DEP File #242-1422. Prior to the
issuance of a Certificate of Compliance, the prior Order must be closed.
28. The work authorized hereunder shall be completed within three years from the date of
this order.
29. The work authorized hereunder shall be completed within five (5) years from the date of
this order as allowed under 310 CMR: 10.05(6)(d). The NACC recognizes that the need to
issue a multi-year permit to provide long-term management of the area is a special
circumstance warranting a five year order. This order is extended for two additional
periods of one year each as outlined in Section 8.3 of the North Andover Wetland
Regulations. No additional fee or notification is required.
30. 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.
242-1646,east mill pond- aquatic mgt program 2 NACC 3/26/2015
DEP FILE #242- 1646 -
31. Where the Department of Environmental Protection (DEP) is requested;to make a
determination and to issue a Superseding Order, the Conservation Commission shall be a
party to all agency proceedings and hearings before the Department.
32. Any future project which proposes a wetland crossing in order to access certain portions
of the property will not be qualified as a limited project roadway under 310 CMR 10.53(e).
33. The following wetland resource areas are affected by the proposed work: Land Under
Waterbodies and Waterways. This resource area is 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 this resource area to the identified interests.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed on
this site will cause further alteration of the wetland resource areas. In order to prevent
any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and
a fifty foot(50') No-Construction Zone shall be established from the edge of the adjacent
wetland resource area except as shown on the herein referenced site plans. 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.
35. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant-shall assure that all contractors, subcontractors, and
other personnel performing the permitting work are fully aware of the permits terms and .
conditions. Thereafter, the contractor will be held jointly liable for any violation of this
Order resulting.from failure to comply with its conditions.
36. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the pond or outlet structures
and that said Town shall not be liable for any damage in the event of failure. By
acceptance of this Order, the owners agree to indemnify and hold harmless to the Town
and its residents for any damage attributable to alterations undertaken on this property
pursuant to the Order. Issuance of these Conditions does not in any way imply or certify
that the site or downstream areas will not be subject to flooding, storm damage or any
other form of water damage.
PRIOR TO CONSTRUCTION
37. 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.
38. This Order shall be recorded by the applicant at the Registry of Deeds immediately after
the expiration of all appeal p pp periods. No work shall be undertaken until the Final Order
242-1646,east mill pond- agyatie mgt program 3 NACC 3/26/2015
DEP FILE #242—1646 2 Lt
has been recorded in the Registry of Deeds or the Land Court for the district in which the
land is located, within the chain of title of the affected property. In the case of recorded
land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of
registered land,the Final Order shall also be noted on the Land Court Certificate of Title
of the owner of the land upon which the proposed work is to be done. The recording
information shall be submitted to the North Andover Conservation Commission on the
form at the end of this Order prior to 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.
39. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number #242-1646." Prior
to application of herbicide, signs shall be posted around the Brooks School Pond at
regular intervals notifying the public of the application and any associated restrictions.
40. 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.
41. 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.
42. Prior to the initial application, the applicant will provide the NACC with a copy of the
baseline water quality monitoring report for the East Mill Pond.
43. Prior to any work commencing on-site, the applicant shall submit to the NACC for
approval, a detailed sequence including dates of the herbicide application,follow-up
monitoring and sampling dates. Approval of the sequence is required prior to application.
44. Equipment access and staging areas (if needed) shall be clearly identified prior to the start
of work. Workers should be informed that no use of machinery, storage of machinery or
materials, or construction activity is to occur beyond the staging area without prior
approval from the Conservation Department.
45. The use of erosion controls is not required by this Order. However, all erosion prevention
and sedimentation protection measures found necessary during the Aquatic Management
Program shall be implemented at the direction of the NACC or its agent. The NACC
r`. 242-1646,east mill pond- aquatic mgt program 4 nc NACC 3/26/2015
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DEP FILE#242— 1646
J reserves the right to impose additional-conditions on portions of this project to mitigate
any impacts which could result from site erosion, or any noticeable degradation of surface
water quality discharging from the site. For example, installation of erosion control
measures may be required in areas not shown on the plan(s) referenced in this Order of
Conditions. Should such installation be required by the NACC, they shall be installed
within 48 hours of the Commissions request.
46. A check payable to the Town of North Andover shall be provided in the amount of$2,000
which shall be in all respects satisfactoryto Town Counsel Town Treasurer, and the
P
,
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.
47. At least once during each week in which herbicide/algaecide application occurs the
applicant/contractor must visually inspect the work/application area for siltation,
turbidity,wildlife/fish kills and/or other water'quality impacts. The applicant/contractor
shall notify the Conservation Department of any matter that requires attention by the
Commission or the agent, The NACC will receive a copy of•all monitoring reports or
assessments produced as part of the project.
48. The applicant and/or the legal owner of that portion of land upon which these Orders of
Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of Conditions,
the "Compliance Certification Form Affidavit" attached via "Appendix A" signed under
the pains and penalties of perjury, stating that said applicant and/or owner has read
these Orders of Conditions and is in compliance with each and every condition. This
document shall apply to each of the conditions referenced herein and shall be provided to
the Conservation Department at least five (5) business days prior to the closing of said
land transaction.
49. Prior to commencement of any activities on site, the applicant will notify the
Conservation Department of the start of work to confirm that appropriate signage has
been installed around the pond. This Order shall be included in all 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
242-1646,east mill pond- aquatic mgt program 5 1s' I NACC 3/26/2015
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DEP FILE #242—1646
supervisor responsible for the coofdiriation of the proposed work and to ensure r
compliance with this Order.
11STORMWATER MANAGEMENT CONDITIONS
50. Water quality in down gradient BVW's shall not differ significantly following completion
of the project from the pre-development conditions. There shall be no sedimentation into
wetlands or water bodies from discharge pipes or surface runoff leaving the site.
DURING CONSTRUCTION
51. All work herbicide/algaecide application shall be performed by properly licensed
applicators.
52. Work activities shall follow the application techniques, procedures, monitoring and .
product specifications as submitted in the Notice of Intent referenced herein. The NACC
will receive copies of reports and pictures detailing the results of the pre and post-
treatment surveys and water quality monitoring.
53. No change in grade/deepening or alteration of the pond bottom or along the
shores/banks of the pond shall be allowed during or as a result of the approved activities.
54. Herbicide/algaecide activities shall be limited to those areas detailed in the proposed
management area shown on the plans referenced herein, unless otherwise approved by
this department.
55. Any collected nuisance vegetation, if any, shall be taken off site and transported to an
approved compost facility.
56. If unforeseen problems occur during the project which may adversely affect the statutory
interests of the Wetlands Protection Act or the By-law, upon discovery by either the
NACC, its agent, or the applicant, the NACC shall immediately be notified, and an
immediate meeting shall be held between the NACC (or its agent) with the applicant and
other concerned parties, to determine the best corrective measures to be employed. The
applicant shall then act to cure the problems using the corrective measures agreed upon.
Subsequent to resolution, the activity and resulting corrective actions shall be
documented in writing.
57. The work areas shall remain in stable condition at the close of each construction day.
58. No dewatering activities are proposed. 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
242-1646,east mill pond- aquatic mgt program 6 !1 NACC 3/26/2015
DEP FILE#242—1646 -
prior to discharge into a resource area. A ring of hay bales shall surround the discharge
area and a silt sock shall be used. De-watering activities anticipated shall be supervised
and witnessed by the designated Environmental Monitor. This designee must be on-site
while work specific to de-watering activities are occurring and until complete. Activities
shall be monitored daily by the Environmental 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 under the MA
Wetlands Protection Act and / or the North Andover Wetlands Bylaw.
59. There shall be no stockpiling of soil or other materials within fifty (50) feet of any resource
area.
60. Washings from trucks, or other debris, sand, vegetation, shall not be directed to any
drainage system or wetland resource area.
61. All waste generated by, or associated with, the approved 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 Actor local
Bylaw.
62. 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
63. 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.
64. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types
(< 5%), phosphorous free 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 Town's Wetland Protection
ByLaw and shall remain in perpetuity.
242-1646,east mill pond- aquatic mgt program 7 p NACC 3/26/2015
DEP FILE#242- 1646 1
65. Upon completion of construction and grading, all disturbe&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. Immediately upon completion of Aquatic Management activities, the Conservation
Department shall be notified for a post application inspection. The applicant will gather
data on the effects of management and environmental changes. A report will be
submitted to the NACC with recommendations for the following year until the Aquatic
Management Program is complete. All data collected and analyzed will be shared with
the NACC.
67. Upon approved site stabilization by Conservation staff, the erosion controls shall be
removed and properly disposed of and all exposed unvegetated areas shall be seeded.
68. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from the applicant's representative stating that work was done
as approved including the post-management testing and reporting.
69. 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# 242-1646. Future work within 100' of
existing wetland resource areas will require a separate filing with the NACC
(refer to Section 3.4 of the Regulations for performance standards within
these zones) The Conservation Administrator and/or other agents of the
NACC do not have the authority to waive these setbacks as established
under the local ByLaw;
➢ Discharge or spillage of pollutants (Condition#62);
➢ Prohibition of underground fuels (Condition#63);
242-1646,east mill pond- aquatic mgt program 3� 8 st NACC 3/26/2015 3
DEP FILE #242— 1646
➢ Limitations on the use of fertilizers, herbicides, and pesticides (Conditions
#64);
➢ Manual hand-pulling of non-native, invasive vegetation for maintenance
purposes shall not require an additional filing.
I
i
I
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242-1646,east mill pond- aquatic mgt program 9 m, NACC 3/26/2015
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DEP FILE#242-1646 ,
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 have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
4. I hereby affirm and acknowledge that on this day of 20
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
5. 1 hereby affirm and acknowledge that this document will be relied upon by the
North Andover Conservation Commission as well as any potential buyers of
said property which is subject to said Order of Conditions
(DEP File#)
Signed under the pains and penalties of perjury this day of 20
(Signature-authorized agent of applicant or owner)
242-1646;east mill pond- aquatic mgt prograii 10 NACC 3/26/2015 (qr
t s
ILIMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/rown:NORT'H ANDOVER
A. General Information
1.Conservation-Commission NORTH ANDOVER
2.Issuance a fZI OOC b.O Amended OOC
3.Applicant Details
a.First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
4_.Property OWner. _
a.First Name DAVID b.Last Name STEINBERGH
c.Organization RCG WEST MILL NA,LLC
d.Mailing Address 17 IVALOO STREET,SUITE 100
e.City/Town SOMERVILLE f.State MA g.Zip Code 02143
$.,Project Locat10-1-
a.Street
ona.Street Address 4W HIGH STREET
b.City/Town NORTH ANDOVER c.Zip Code 01845
d.Assessors Map/Plat#54 e.Parcel/Lot# 0001
f.Latitude 42.7023 IN g.Longitude 71.12624W
$.,Pro arty recorded at the-,Registry-of Deed for: r
a.County b.Certificate c.Book d.Page
NORTHERN ESSEX 04863 0193
7.15ates
a.Date NOI Filed:9/30/2014 b.Date Public Hearing Closed: 1/14/2015 c.Date Of Issuance: 2/12/2015
$.Final Approved Plans and,Other,Docui a s__
-_ -_ _
a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stamped by: d.Revised Final Date: e.Scale:
WEST MILL
REDEVELOPMENT HORSLEY WITTEN FAT PIU LEE,P.E. 1/22/15 1"=20'
PERMITTING PLAN GROUP,INC.
SHEETS 1-16
B. Findings
Page 1 of 10*ELECTRONIC COPY
r 1
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5 -Order of Conditions eDEP Transaction 016985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
1.Findings pursuant to the Massachusetts Wetlands Protection Act
Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and
presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of
the Wetlands Protection Act.
Check all thataPP Y 1 :
a. fJ Public Water Supply b. ❑ Land Containing Shellfish c.PF Prevention of Pollution
d. Cv� Private Water Supply e. r Fisheries f. G Protection of Wildlife Habitat
g. 1v Ground Water Supply h. r Storm Damage Prevention i. Ei Flood Control
2.Commission hereby finds the project,as proposed,is:
Approved subject to:
a.1R 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.O The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,
work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect interests of the Act,and a final Order of Conditions is issued.A description of the performance standards
which the proposed work cannot meet is attached to this Order.
c.1]The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests
identified in the Wetlands Protection Act.Therefore,work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the
Act,and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
3.r Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource 0
area specified in 310CMR10.02(1)(a). a linear feet
Inland Resource Area Impacts:(For Approvals Only):
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑Bank
a.linear feet b.linear feet c.linear feet d.linear feet
5.r Bordering Vegetated Wetland
a.square feet b.square feet c.square feet d.square feet
6. C Land under Waterbodies and Waterways
a.square feet b.square feet c.square feet d.square feet
e.c/y dredged f.c/y dredged
Page 2 of 10*ELECTRONIC COPY
t r
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town-.NORTH ANDOVER
7.❑,Bordering Land Subject to Flooding
a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage
e.cubic feet f.cubic feet g.cubic feet h.cubic feet
"a.square feet b.square feet
_ Cubic feet Flood Siorage _ ' {
c.cubic feet d cubic feet e.cubic feet f.cubic feet
9.❑Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
a Coastal Resource Area Impacts _
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10.❑Designated Port Areas Indicate size under Land Under the Ocean,below
11.❑Land Under the Ocean
a.square feet b.square feet
c.c/y dredged d.c/y dredged
_
12.❑'B_arrier Beaches_ Indicate size under Coastal Beaches and/or Coastal Dunes below
13.FCoastal Beaches _P _ , .
a square feet b.square feet c.c/y nourishment d.c/y nourishment
-14.-ff Coastal Dunes
a.square feet,b.square feet'c.c/y nourishment d.c y nourishment
15.1-7 Coastal Banks
a.linear feet b.linear feet
16.❑Rocky Intertidal Shores
a.square feet b.square feet
9 q
17.171 Salt Marshes
a square feet b.square feet c.square feet d.square feet
18.fJ'Land Under Salt Ponds
a.square feet b.square feet '
c.c/y dredged d.c/y dredged
19.Ci Land Containing Shellfish
Page 3 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town:NORTH ANDOVER
a.square feet b.square feet c.square feet d.square feet
Indicate size under coastal Banks,inland Bank,Land Under the
20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways,
above
c.c/y dredged d.c/y dredged
21.❑Land Subject to Coastal Storm Flowage
a square feet b.square feet
22.
❑ Restoration/Enhancement(For Approvals Only)
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been
entered in Section B.5.c&d or B.17.c&d above,please entered the additional amount here.
a.square feet of BV W b.square feet of Salt Marsh
23. "
Streams Crossing(s)
If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings.
a.number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed
cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or
invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,
state,or local statutes,ordinances,bylaws,or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following
apply:
a.the work is a maintenance dredging project as provided for in the Act;or
b.the time for completion has been extended to a specified date more than three years,but less than five
years,from the date of issuance.If this Order is intended to be valid for more than three years,the
extension date and the special circumstances warranting the extended time period are set forth as a
special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the
issuing authority at least 30 days prior to the expiration date of the Order.
6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance
date of the original Final Order of Conditions.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,or debris,including
but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of
any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken,
until all proceedings before the Department have been completed.
Page 4 of 10*ELECTRONIC COPY
t
Massachusetts Department of Environmental Protection Provided
by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/fown:NORTH ANDOVER
9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land,
the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the
proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted
to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds,
prior to the commencement of work..
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection"
[or'MassDEP"l
File Number:"242-1629"
11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission
shall be a party to all agency proceedings and hearings before Mass DEP.
12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form
8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission
in writing whether the change is significant enough to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to
enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this
Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that
evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and
to any contractor or other person performing work conditioned by this Order.
17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the
wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland
boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or
other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant
shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary.
Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1) fv is not(2)❑ subject to the Massachusetts Stormwater Standards.
If the work is subject to Stormwater Standards,then the project is subject to the following conditions;
a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance
with the construction period pollution prevention and erosion and sedimentation control plan and,if applicable,the
Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Construction General
Permit as required by Stormwater Standard 8.Construction period erosion,sedimentation and pollution control measures and
best management practices(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered
Professional Engineer provides a Certification that: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
Page 5 of 10*ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
Ll WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40
City/Town:NORTH ANDOVER
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 19(e))shall execute and submit to the issuing authority an Operation and
Maintenance Compliance Statement("O&M Statement")for the Stormwater 13MPs identifying the party responsible for
implementing the stormwater BMP Operation and Maintenance Plan("O&M Plan")and certifying the following:i.)the O&M
Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties
shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution
prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan
required by the National Pollutant Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement,assumes
responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the
issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has
accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for
purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the
proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall
be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are serving more
than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and
easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted
along with the legally binding agreement.
1) The responsible parry shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan,
and the requirements of the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs,
maintenance and/or replacement of the stormwater management system or any part thereof,and disposal(for disposal the
log shall indicate the type of material and the disposal location);
2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and
3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure
that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by
the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable
federal,state,and local laws and regulations.
�) 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.
)) 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.
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e �
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City/Town:NORTH ANDOVER
Special Conditions:
SEE ATTACHED
Page 7 of 10*ELECTRONIC COPY
s �
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CitylTown:NORTH ANDOVER
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable?fel Yes O No
2. The Conservation Commission hergby(check one that applies
a. Cp DENIES the proposed work which cannot be conditioned to
meet the standards set forth in a municipal ordinance or bylaw
specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides
measures which are adequate to meet these standards,and a final Order or Conditions is issued.Which are necessary to
comply with a municipal ordinance or bylaw:
b.
r APPROVES the proposed work,subject to the following
additional conditions.
NORTH ANDOVER
1.Municipal Ordinance or Bylaw WETLANDS 2.Citation CHAPTER 178
PROTECTION
BYLAW
3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of
Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other
proposals submitted with the Notice of Intent,the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows:
SEE ATTACHED
Page 8 of 10*ELECTRONIC COPY
1 �
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5- Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/rown:NORTH ANDOVER
E. Signatures
This Order is valid for three years from the date of issuance,unless otherwise specified
pursuant to General Condition#4.If this is an Amended Order of Conditions,the Amended 1.Date/of Original/Order
Order expires on the same date as the original Order of Conditions.
Please indicate the number of members who will sign this form.This Order must be signed by 2 Number of Signers
a majority of the Conservation Commission.
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed
or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not filing
electronically,and the property owner,if different from applicant
Signatures:
AL Zi—lz—
by hand delivery on by certified mail,return receipt requested,on
c �s
��
Date Date
F. Appeals
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten
residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate MassDEP
Regional Office to issue a Superseding Order of Conditions.The request must be made by certified mail or hand delivery to the
Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be
sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant
Any appellants seeking to appeal the 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(3 10 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.
Page 9 of 10*ELECTRONIC COPY
s �
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:242-1629
WPA Form 5-Order of Conditions eDEP Transaction#:716985
Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 City(rown:NORTH ANDOVER
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,
within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's
Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be
noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on
this page shall be submitted to the Conservation Commission listed below.
NORTH ANDOVER
Conservation Commission
Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission.
..........................................................................................................................................................................................................
To:
NORTH ANDOVER
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
4W HIGH STREET 242-1629
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner DAVID STEINBERGH
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land,the instrument number identifying this transaction is:
Instrument Number
If registered land,the document number identifying this transaction is:
Document Number
Signature of Applicant Rev.4/1/2010
Page 10 of 10*ELECTRONIC COPY
I k �
DEP FILE#242 - 1629
Findings:
• The North Andover Planning Board issued a Downtown Overlay Special Permit to
RCG,LLC on January 6, 2015.
• The North Andover Conservation Commission (NACC) issued a Negative
Determination to RCG West Mill NA LLC for stormwater management features
associated with additional parking. Portions of this project were not completed in
compliance with the proposed plan. The approved proposal includes stormwater
measures to account for additional flows from this area.
The NACC hereby finds that the following conditions are necessary,in accordance with the
Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to
protect those interests noted above. The NACC orders that all work shall be performed in
accordance with said conditions and with the Notice of Intent referenced below. To the
extent that the following conditions modify or differ from the plans, specifications or other
proposals submitted with the Notice of Intent,the conditions shall control.
GENERAL CONDITIONS
20. The proposed work within jurisdiction includes: removal of existing building and
portions of the pavement and redevelopment of the area with parking, landscaping
and stormwater management. A buffer zone restoration plan is also proposed.
21. The work shall conform to the following(except as noted in the remainder of this
document where revisions may be required):
Applicant/Property Owner: David Steinbergh
RCG West Mill NA LLC
17 Ivaloo Street,Suite 100
Somerville, Massachusetts 02143
Notice of Intent filed by: Jon Ford
Horsley Witten Group, Inc.
90 Route 6A
Sandwich, MA 02143
Date filed: October 7,2014
Includes: Checklist,
Site Plans prepared by: Horsley Witten Group, Inc.
Titled: West Mill Redevelopment Permitting Plan
(Sheets 1 through 16, Including 5A)
Last Revised: 1/12/15
All sheets reissued for Conservation&Planning
1/22/15
242-1629,4W High Street-West Mill Special Conditions 1 NACC 2/12/2015
s
DEP FILE#242 - 1629
Stamped by: Fat Piu Lee, P.E.
Other Record Documents: Stormwater Analysis and Drainage Report
Prepared by: Horsley Witten Group
Dated: September 2014
Revised: December 2014
Stamped by: Fat Piu,Lee, P.E.
O&M Report
Prepared by: Horsley Witten Group
Received January 2015
Waiver Request Form
From: RCG West Mill NA LLC
Stormwater Review: Lisa D. Eggleston, P.E.
Eggleston Environmental
32 Old Framingham Road, Unit#29
Sudbury, MA 01776
Letter Dated: October 30, 2014
Email Dated: December 11, 2014;January 2,2015;
January 6, 2015
Response to Stormwater Review
Prepared by Horsley Whitten
Jonathan A. Ford, P.E.
Dated: December 4, 2014
Email Dated:January 6,2015
Wetland Delineation
Conducted by: Rimmer Environmental
Date: 8/15/14
22. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any
successor in interest or successor in control of the property referenced in the Notice of
Intent, supporting documents and this Order of Conditions. The NACC shall be
notified in writing within 30 days of all transfers of title of any portion of property that
take place prior to the issuance of a Certificate of Compliance.
23. The conditions of this decision shall apply to, and be binding upon,the applicant,
owner, its employees and all successors and assigns in interest or control. These
obligations shall be expressed in covenants in all deeds to succeeding owners of
portions of the property.
2424629,4W High Street-West Mill Special Conditions 2 NACC 2/12/2015
DEP FILE#242 - 1629
24. Failure to comply with all conditions stated herein, and with all related statutes and
other regulatory measures, shall be deemed cause to revoke or modify this Order.
25. This Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of property rights. However,the
NACC,agent of the NACC or the Department of Environmental Protection (DEP)
reserves the right to enter and inspect the property at all reasonable times until a
Certificate of Compliance is issued,to evaluate compliance with this Order of
Conditions,the Act(310 CMR 10.00), the North Andover Wetland BY Law and
Regulations, and may require any information, measurements, photographs,
observations, and/or materials, or may require the submittal of any data or
information deemed necessary by the NACC for that evaluation. Further, work shall
be halted on the site if the NACC, agent or DEP determines that any of the work is not
in compliance with this Order of Conditions. Work shall not resume until the NACC
is satisfied that the work will comply and has so notified the applicant in writing.
26. This Order does not relieve the permittee or any other person of the necessity of
complying with all other applicable federal,state or local statutes, ordinances,by-laws
or regulations.
27. The Work authorized hereunder shall be completed within three years from the date of
this order.
28. This Order may be extended by the issuing authority for one but not more than two
periods of up to one year each upon application to the issuing authority at least thirty
days (30) prior to the expiration date of the Order (Refer to Section 8.3 of the North
Andover Wetland Regulations).
29. The NACC reserves the right to amend this Order of Conditions after a legally
advertised public hearing if plans or circumstances are changed or if new conditions
or information so warrant.
30. Where the Department of Environmental Protection (DEP) is requested to make a
determination and to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before the Department.
31. Any future project which proposes a wetland crossing in order to access certain
portions of the property will not be qualified as a limited project roadway under 310
CMR 10.53(e).
32. The following wetland resource areas are affected by the proposed work: Buffer Zone
to Bordering Vegetated Wetland (BVW) and Bordering Land Subject to Flooding
(BLSF). 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.
242-1629,4W High Street-West Mill Special Conditions 3 NACC 2/12/2015
DEP FILE#242 - 1629
33. The NACC agrees with the applicant's delineation of the wetland resource areas on
the site as shown on the plans dated and referenced herein.
34. The NACC finds that the intensive use of the upland areas and buffer zone proposed
on this site will cause further alteration of the wetland resource areas. In order to
prevent any alteration of wetland resource areas a twenty five foot(25') No-
Disturbance Zone and a fifty foot (50')No-Construction Zone shall be established from
the edge of the adjacent wetland resource area except as approved under the waiver
requested and shown on the plans 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 Section 3.4 &Appendix F of the
local Regulations).
35. The applicant's mitigation proposal to restore the No-Disturbance Zone as shown on
Sheet C-15 Buffer Zone Restoration Plan is acceptable to the NACC. The No-
Disturbance Zone will be monumented every 50 feet by posts with wetland markers.
The area will be planted in accordance with Planting Schedule shown on Sheet C-15.
Plantings will be monitored for two growing seasons (fall and spring two years) with a
monitoring report, including photographs, submitted to the NACC by November 1
and June 1 of each year. Plants that die or are not thriving during the monitoring
period shall be replaced. Invasive species removal will be conducted as detailed in
Note 4 of Sheet C-15.
36. This document shall be included in all construction contracts, subcontracts, and
specifications dealing with the work proposed and shall supersede any conflicting
contract requirements. The applicant shall assure that all contractors, subcontractors,
and other personnel performing the permitting work are fully aware of the permits
terms and conditions. Thereafter, the contractor will be held jointly liable for any
violation of this Order resulting from failure to comply with its conditions.
37. The owners of the project and their successors in title agree that the Order does not in
itself impose upon the Town any responsibility to maintain the proposed drainage
system and that said Town shall not be liable for any damage in the event of failure.
By acceptance of this Order, the owners agree to indemnify and hold harmless to the
Town and its residents for any damage attributable to alterations undertaken on this
property pursuant to the Order. Issuance of these Conditions does not in any way
imply or certify that the site or downstream areas will not be subject to flooding,storm
damage or any other form of water damage.
PRIOR TO CONSTRUCTION
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38. No work shall be undertaken until all administrative appeal periods from this Order
have elapsed or, if such an appeal has been filed, until all proceedings before the
Department or Court have been completed.
39. This Order shall be recorded by the applicant at the Registry of Deeds immediately
after the expiration of all appeal periods. No work shall be undertaken until the Final
Order has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located,within the chain of title of the affected property. In the case
of recorded land,the Final Order shall also be noted in the Registry's Grantor Index
under the name of the owner of the land upon which the proposed work is to be done.
In the case of registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is to be
done. The recording information shall be submitted to the North Andover
Conservation Commission on the form at the end of this Order prior to
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.
40. A sign shall be displayed at the site not less than two square feet or more than three
square feet in size bearing the words "Massachusetts DEP, File Number 242-1629."
41. 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.
42. 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.
43. Prior to an work commencing on-site the applicant shall submit to the NACC for
Y g �
approval, a detailed and dated sequence of construction, including the installation of
sedimentation/erosion control devices, demolition, drainage installation,mitigation
plantings and all other work planned through final stabilization.
44. 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
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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.
45. A staked,minimum 12" silt sock (biodegradable, no plastic netting or 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 in the
location shown on the plans approved and referenced herein and shall be inspected
and approved by the NACC or its agent prior to the start of construction and shall
remain intact until all disturbed areas have been permanently stabilized to prevent
erosion. All erosion prevention and sedimentation protection measures found
necessary during construction shall be implemented at the direction of the NACC or
its agent. The NACC reserves the right to impose additional conditions on portions of
this project to mitigate any impacts which could result from site erosion, or any
noticeable degradation of surface water quality discharging from the site. For
example, installation of erosion control measures may be required in areas not shown
on the plan(s) referenced in this Order of Conditions. Should such installation be
required by the NACC,they shall be installed within 48 hours of the Commissions
request.
46. Silt sacks will be placed in catch basins within 100-feet of the work.
47. The applicant shall have on hand at the start of any soil disturbance, removal or
stockpiling twenty (20) hay bales or an equivalent length of 12" silt sock and sufficient
stakes for staking these bales. Said bales/fence shall be used only for the control of
emergency erosion problems and shall not be used for the normal control of erosion.
48. A check payable to the Town of North Andover shall be provided in the amount of
$25,000 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.
49. 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
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contacted, due to an emergency at the site, during any 24-hour period, including
weekends. Proof of the retained monitor must be submitted to the Conservation
Department on letterhead by the retained consulting firm. This person shall be given
the authority to stop construction for erosion.control purposes. The Environmental
Professional will immediately notify the Conservation agent of any matter that
requires attention by the Commission or the agent. The erosion control monitor will
be required to inspect all such devices and oversee cleaning and the proper disposal of
waste products. Cleaning shall include removal of any entrapped silt.
50. At least once during each week in which construction activities occur on-site and for
as long thereafter as ground remains unstabilized,the applicant shall submit a written
report with photos from the "Erosion Control Monitor" to the NACC certifying that,
to the best of his/her knowledge and belief based on a careful site inspection, all work
is being performed in compliance with this Order of Conditions and that approved
setbacks are being adhered to. The erosion control monitor must visually inspect all
sedimentation/erosion control measures and assume responsibility for their
maintenance on a weekly basis and that they are functioning as intended. In addition,
all wetland resource areas must be visually inspected for siltation, turbidity, and/or
other water quality impacts. The Erosion Control Monitor shall be on site during
and/or following a major storm event of 1/2" inch of rain or greater (24 hour event) to
ensure that soils remain stable, and erosion controls are adequate and secure.
51. Prior to construction, the applicant shall permanently mark the edge of the"25' No-
Disturbance Zone" on all delineated wetlands with signs or markers spaced evenly
every 50 feet incorporating the following text: "Protected Wetland Resource Area"
and the associated rules (1 square for every 3 round markers). 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. Markers may be obtained at the Conservation Department ($2 round/$3
square).
52. The applicant and/or the legal owner of that portion of land upon which these Orders
of Conditions have been placed shall provide to the NACC prior to transferring, or
assigning any portion of said land to another party, subject to said Orders of
Conditions,the"Compliance Certification Form Affidavit" attached via "Appendix
A" signed under the pains and penalties of perjury, stating that said applicant and/or
owner has read these Orders of Conditions and is in compliance with each and every
condition. This document shall apply to each of the conditions referenced herein and
shall be provided to the Conservation Department at least five (5) business days prior
to the closing of said land transaction.
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53. Once these above mentioned pre-construction requirements are complete,the
applicant shall contact the Conservation Office prior to site preparation or
construction and shall arrange an on-site conference with an NACC representative, the
contractor, the erosion control monitor and the applicant to ensure that all of the
Conditions of this Order are understood. This Order shall be included in all
construction contracts, subcontracts, and specifications dealing with the work
proposed and shall supersede any conflicting contract requirements. The applicant
shall assure that all contractors, subcontractors and other personnel performing the
permitted work are fully aware of the permit's terms and conditions. Thereafter, the
contractor will be held jointly liable for any violation of this Order of Conditions
resulting from failure to comply with its conditions. The applicant or contractor shall
notify the NACC in writing of the identity of the on-site construction supervisor hired
to coordinate construction and to ensure compliance with this Order. A reasonable
period of time shall be provided as notice of the pre-construction meeting(e.g. 72
hours).
11STORMWATER MANAGEMENT CONDITIONS
54. All construction and post-construction stormwater management shall be conducted in
accordance with supporting documents submitted with the Notice of Intent and as
part of the public hearing process,the Department of Environmental Protection
Stormwater Management Policy and as approved by the NACC in this Order of
Conditions.
55. There shall be no increase in the post development discharges from the storm drainage
system or any other changes in post development conditions that alter the post
development watershed boundaries as currently depicted in the Notice of Intent and
approved by this Order of Conditions, unless specifically approved in writing by the
Commission.
56. Erosion control measures shall be implemented and maintained in accordance with
the Construction Pollutant Controls section of the Stormwater Analysis and Drainage
Report referenced herein or as required in this Order.
57. The NACC will be provided the opportunity to review the Stormwater Pollution
Prevention Plan(SWPPP) prior to filing an NOI and the start of work. A copy of the
approved SWPPP will be provided to the Conservation Department
58. Water quality in down gradient BVW's shall not differ significantly following
completion of the project from the pre-development conditions. There shall be no
sedimentation into wetlands or water bodies from discharge pipes or surface runoff
leaving the site.
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59. Prior to the issuance of a Certificate of Compliance,the owner will identify an
acceptable plan to ensure the reliability and ongoing maintenance of the tank and
pump system that receives drainage from the existing driveway loop, tree filter and
Bio 7 system. The plan will include an inspection and report documenting the existing
condition of the pump system and tank upon completion of site work.
60. Prior to the issuance of the Certificate of Compliance,the applicant shall be
responsible for cleaning all stormwater structures, in accordance with the approved
O&M Report attached herein and the associated stormwater management conditions
mandated herein.
61. All stormwater best management practices shall be maintained as specified in the
O&M Report submitted with the Notice of Intent referenced herein. The O&M Report
will be incorporated in the Order of Conditions. The approved O&M Report is fully
binding upon the applicant and/or owners, successors, agents, associations, heirs and
assigns and must be adhered to in perpetuity. A log/proof of annual maintenance
activities for all stormwater BMPs shall be maintained in perpetuity for a prior 5 year
period and shall be available upon request for review by the NACC or its agent
62. The applicants, owners, and their successors and assignees, shall maintain, in
perpetuity all swales,bioretention areas,tree filter pits, outlet structures, subsurface
storage areas, and other elements of the drainage system,in order to avoid blockages
and siltation which might cause failure of the system and/or detrimental impacts to
on-site or off-site resource areas, and shall maintain the integrity of vegetative cover
on the site.
=DURING CONSTRUCTION
63. Upon beginning work, the applicant shall submit written weekly progress reports
detailing what work has been done in or near resource areas, and what work is
anticipated to be done over the next period. This will update the construction
sequence. Reports shall be submitted in as part of the weekly environmental
i
monitoring report (see condition#50).
I
64. As documented during stormwater peer review, construction of the drainage system
will require a great deal of precision. As such, the system shall be constructed in strict
accordance with the design and under the supervision of a qualified engineer. Inverts
of all drainage structures will be field verified during installation. Any disparities or
circumstances requiring adjustments of the designbefore or during construction
should be brought to the attention of the NACC or its designees for review and
approval prior to actual construction of the revised design.
65. Dewatering activities are not proposed as part of the filing. No discharge of water is
allowed directly into an area subject to jurisdiction of the Wetlands Protection Act
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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.
66. Associated pavement and roadways shall be swept at least weekly or as directed by
the Erosion Control monitor,the Site Supervisor, Project Manager, or Conservation
staff for as long as the site remains exposed and un-stabilized. If material is tracked
beyond the construction entrance onto the adjacent roadway, it will be swept up daily.
67. 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.
68. All exposed soil finish grade surfaces shall be immediately landscaped (native
plantings/seed mixes) and stabilized, or loamed,seeded and mulched,with a layer of
mulch hay or matting(natural fibers only). All disturbed areas must be graded,
loamed and seeded prior to November 1St of each year. Outside of the growing season,
exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay or
matting until climate conditions allow for seeding. During construction, any area of
exposed soils that will be left idle for more than 30 days shall be stabilized with a layer
of mulch hay or other means approved by the NACC.
69. 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.
70. There shall be no stockpiling of soil or other materials within fifty (50) feet of any
resource area. Stockpiled materials shall be maintained within erosion controls.
71. Washings from concrete trucks, or surplus concrete, shall not be directed to, any
drainage system, or wetland resource area. If truck washing is to be done on site an
area shall be designated and approved by the Conservation Department.
72. 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.
73. Accepted engineering and construction standards and procedures shall be followed in
the completion of the project.
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74. 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
75. 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 Towns Wetland protection ByLaw.
76. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen
types (< 5%) and phosphorous free, 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 except as permitted for invasive species management (see Sheet C-15). This
condition shall survive this Order of Conditions and shall run with the title of the
property. This condition is issued under the authority of the Town's Wetland
Protection ByLaw and shall remain in perpetuity.
77. Permanent signs designating"No-Snow Stockpiling Zones" shall be displayed along
paved areas adjacent to the pond. Number and location of signs will be confirmed
with the Conservation Department prior to installation. Signs shall remain in
perpetuity.
78. The use of coal tar-based pavement sealants is prohibited on the property,as they
have been determined to contribute high levels of polycyclic aromatic hydrocarbons
(PAHs) to stormwater runoff. This condition shall survive the Order of Conditions
and shall run with the title of the property.
79. There shall be no dumping of leaves, grass clippings,brush, or other debris into a
wetland resource area or beyond the No-Disturbance Zone demarcated by the
constructed stone wall. This condition shall survive the issuance of a Certificate of
Compliance.
80. 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.
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DEP FILE #242 - 1629
81. 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.
82. Upon completion of the project the applicant shall submit the following to the
Conservation Commission as part of a request for a Certificate of Compliance:
a. WPA Form 8A- "Request for a Certificate of Compliance."
b. A letter from the applicant requesting a Certificate of Compliance.
c. The name and address of the current landowner.
d. Signed statements from the individual property owners shall be submitted with
the request for a Certificate of Compliance indicating that they read and
understood the recorded Order of Conditions prior to purchasing their property.
e. The name and address of the individual/trust or corporation to whom the
compliance is to be granted.
f. The street address and assessor's map/parcel number for the project.
g. The DEP file number.
h. A written statement from a Registered Professional Civil Engineer of the
Commonwealth certifying that the work has been conducted as shown on the
plan(s) and documents referenced above, and as conditioned by the Commission.
i. An"As-Built" plan prepared and signed and stamped by a Registered Professional
Civil Engineer (P.E.) (and/or Registered Professional Land Surveyor if
appropriate) of the Commonwealth,for the public record. This plan will include:
➢ "As-Built" post-development elevations of all drainage &stormwater
management structures constructed within 100 feet of any wetland resource
area. Specifically,"As-Built" plans should include inverts of all drainage
structures above and below grade, and an engineer's certification that the
drainage system has been constructed and is functioning in accordance with
the approved design. NOTE: If portions of the stormwater systems exist
partially within the Buffer Zone then the entire structure must be depicted
to accurately verify compliance.
➢ "As-Built" post-development elevations and grades of all filled or altered
wetland resource areas including the encompassing buffer zone which is
regulated as a resource area under the local Wetland Protection Bylaw.
➢ Distances from structures to wetland resource areas. Structures include (but
are not limited to) septic systems, additions,fences, sheds, stone walls,
pools,retaining walls, subsurface utilities and decks.
➢ A line showing the limit of work and the extent of existing erosion control
devices. "Work" includes any disturbance of soils or vegetation.
➢ Location.of all subsurface utilities entering the property.
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83. The following special conditions shall survive the issuance of a Certificate of
Compliance (COC) for thisproject:
➢ 25' No-,Disturbance Zone and a 50' No-Construction Zone,shall be
established from the edge of adjacent wetland resource areas except as
approved under DEP# 242-1629. Future work within 100' of existing
wetland resource areas will require a separate filing with the NACC (refer to
Section 3.4 of the Regulations for performance standards within these zones
i�
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;
I
➢ Resource Area Markers (Condition#51);
➢ Stormwater Management System Maintenance (Condition#61 >)
➢ Discharge or spillage of pollutants (Condition#74);
➢ Prohibition of underground fuels (Condition#75);
➢ Limitations on the use of fertilizers,herbicides, and pesticides (Conditions
#76);
➢ "No-Snow Stockpiling" signs (Condition#77);
➢ Prohibition on coal tar-based sealants (Condition#78);
➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris
(Condition#79
➢ The attached "Stormwater O&M Report", including Best Management
Practices. No additional filings will be required to conduct maintenance of
the above referenced system as detailed in the report.
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DEP FILE#242 - 1629
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. 1 am the of
(position with owner) (owner name)
the owner upon whose land Order of Conditions
have been placed up by (DEP or NACC number)
the North Andover Conservation Commission.
&
3. I hereby affirm and acknowledge that I have received said Order of Conditions
and have read the same and understand each
(DEP File#) and every condition which has been set forth
in said Order of Conditions.
&
4. I hereby affirm and acknowledge that on this day of 19
I inspected said property together with any and all improvements which have
been made to the same and hereby certify that each and every condition set
forth in Order of Conditions are presently in compliance.
(DEP File#)
&
5. 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)
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