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Home My WebLink AboutConservation Permit # 9/14/2017 Massachusetts Department of Environmental Protection Bureau 0fResource Protection -Wetlands ��U�� |�� '� ��K�~��^�� K�U~��K�~U~�� ILI - - Form -- Determination- — - Applicability ----v Massachusetts Wetlands Protection Act M.G.[ C. 131, §40 A. General Information Important: � VVhen0Unquu From� forms onthe North Andover computer, use Conservation Commission only the tab key bomove To: Applicant Property Owner(if different from app|icant): your cursor donot use the Brooks School, c/o Patrick Willoughby return key. Name Name 11S0Great Pond Road _ VQ Mailing Address Mailing Address North Andover N1A01845 Qty/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date ifapp|icab|e) of Final Plans and Other Documents: Proposed Site Development Plan (Brooks School Solar Farm) -with hand November 2010 edits showing silthy d stock pile location) Date Title Date Title Date 2. Date Request Filed: O8/31/2O17 B. Determination Pursuant tothe authority of[N.Gl. o. 131. § 4O. the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Soil storage within 100'ofa Bordering Vegetated Wetland. Closest point ofwork is 68' from the wetland resource area. Soil stock i| ill be graded out, loamed and seededby October 15 2O17 Project Location: 1i8OGreat Pond Road North Andover Street Address City/Town 103 1 Assessors Map/Plat Number Purce|/LotNumber Massachusetts Department of Environmental Protection ILIBureau 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•actermination of Applicability•rev.12!14 Page 2 of 5 '.. Massachusetts Department of Environmental Protection ILIBureau 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 postmarked 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). 1. All soils will be graded out and seeded by October 15, 2017 2. Erosion controls will remain in place until the site is fully stabilized and an inspection with the Conservation Department has been held. 3. A monitoring report with photos will be submitted to the Conservation Department following any rain event of 112"or more. ❑ 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.12114 Page 3 of 5 ' Massachusetts Department of Environmental Protection ILIBureau 0fResource Protection - Wetlands WPA Form 2 — Determ~nat~on of Applicability Massachusetts Wetlands P[OfeCtiOD /\Cf M.G.L. C. 131. §40 B. Determination (cont.) � 5. The area described inthe Request issubject boprotection under the Act, Since the work described therein meets the requirements for the following exemption, as specified in the Actand the regulations, no Notice ofIntent in required: -6—em p t—A'c- site-app I ic—a-b-le st atuatory/re'_9_uia',t_o ny—provision—s)- El 6. The area and/or work described in the Request is not subject to review and approval by: Name ofMunicipality Pursuant tommunicipal wetlands ordinance orbylaw. North Andover Conservation Commission Ch tqr178 Name vmmanm:v,�y/"wCitation C. Authorization This Determination iaissued hJthe applicant and delivered os follows: byhand delivery on bycertified mail, return receipt requested on / 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, stete, or local statutes, ordinances, bylaws, or regulations. This Determination must besigned byamajority ofthoConeen/ationCommimniVn. Acopynmuotbeaentto the appropriate DEP Regional Office (see city-or-town,html) and the property o ner(if different from the applicant). Date