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Home My WebLink AboutMiscellaneous - 0 High StreetOrder of Resource Area Delineation SOW Nigh Street - Map 53, Lot 25 DEP File #242-1662 ResourceAreas: Wetland resource areas, jurisdictional under the Massachusetts Wetland Protection Act (WPA) and/or the North Andover Wetlands Protection Bylaw (Bylaw), within the subject parcel include Bordering Vegetated Wetland (BVW) and BVW associated with an Intermittent Stream.. Wetland resource areas were delineated by Wetlands Preservation, Inc. (WPI) in July of 2015. Wetland flags were confirmed by Jennifer Hughes, Conservation Administrator, in October of 2015 and include: BVW Flag Series A:1-18 B:1-62 Facts & Fin, dings: The 'Existing Drainage Swale' does not meet the burden of proof established in CMR 10.02(5) for exemption as an Area Subject to Protection established in CMR 10.02(2)(c). The NACC acknowledges the existing swale is part of a stormwater conveyance system which discharges to a resource area and future alteration of the swale or any other component of the associated stormwater system, other than regular maintenance, requires the issuance of an Order of Conditions or Negative Determination of Applicability. The NACC formally approved the aforementioned jurisdictional resource areas and findings at a public hearing on November 18, 2015. Record Documents: Abbreviated Notice of Resource Area Delineation, dated September 24, 2015 prepared by Curtis R. Young, Wetlands Preservation, Inc., 47 Newton Road, Plaistow, NH, 03865; Plan entitled "Abbreviated Notice of Resource Area Delineation (ANRAD) Plan'. Prepared by S.E.C. & Associates, Inc., Surveying & Engineering Consultants, P.O. Box 1337, Plaistow, NH, 03865, dated September 9, 2015 and last revised November 24, 2015. Stamped and signed by Albert T. Trudel P.L.S. ➢ Supplemental Information Submittal for ANRAD Submitted 9.24.15, West Mill Complex, OW High Street, North Andover, MA; Date: October 28, 2015; Prepared by: Geoffrey C. Andrews, WPI Massachusetts Department of Environmental Protection Provided by MassDEP: ��- Bureau of Resource Protection - Wetlands MassDEP File #:242-1662 WPA Form 411 - Order of Resource Area Delineation eDEP Transaction 9:790586 City/Fown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 A. General Information 1. Conservation Commission NORTH ANDOVER 2. This Issuance is for (Check one): a. F Order of Resource Area Delineation b. r Amended Order of Resource Area Delineation 3. Applicant Details a. First Name DAVID b. Last Name STEINBERGH c. Organization RCG WEST MILL NA LLC d. Mailing Address 17IVA-LOO STREET, SUITE 100 e. City/Town SOMERVILLE f. State MA g. ZIP 02143 4. Property Owner (if different from applicant): a. First Name DAVID b. Last Name STEINBERGH c. Organization RCG WEST MILL NA LLC d. Mailing Address 17IVALOO STREET, SUITE 100 e. City/Town SOMERVILLE f State MA g. ZIP 02143 5. Project Location a. Street Address 0 HIGH STREET b. City/Town NORTH ANDOVER C. Zip 01845 d. Assessors Map/Plat# 53 e. Parcel/Lot# 25 f. Latitude 42.70475N g. Longitude 71.12684W 6. Dates a. Date ANRAD Filed 9/25/2015 b. Date Public Hearing Closed 11/18/2015 c. Date Of Issuance 11/24/2015 7. Final Approved Plans and Other Documents Plan Title Plan Prepared By Plan Signed By Plan Final Plan Date Scale ABBREVIATED NOTICE OF RESOURCE AREA S.E.C. AND ALBERT T. 11/24/2015 1"=30' DELINEATION PLAN ASSOCIATES, INC. TRUDEL, P.L.S. B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable) a. r Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. r -Bordering Vegetated Wetlands 2. r Other resource area(s), specifically a.INLAND BANK b. F' Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. F' Bordering Vegetated Wetlands 2. r Other resource area(s), specifically a. Page 1 of 3 * ELECTRONIC COPY Massachusetits Departnnent of Environmental Protection Provided by MassDEP: . -- Bureau of Resource Protection - Wetlands MassDEP File #:242-1662 ViVI'A �'or�n 4 - O�-dle�- c� lies®lr�e Alyea 1Delineation eDEP Transaction #:790586 City/Town:NORTH ANDOVER { Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 c. C Inaccurate:: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Recource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. C Bordering Vegetated Wetlands 2. r Other resource area(s), specifically a. 3. The boundaries were determined to be inaccurate because: C. Findings This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131 S 40) and its regulations (3 10 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office (see http://www.mass.gov/dep/about/region/findyour.htm). 1). 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 DEP Regional Office to issue a Superseding Order of Resource Area Delineation. When requested to issue a Superseding Order of Resource Area Delineation, the Department's review is limited to the objections to the resource area delineation(s) stated in the appeal request. 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 of Resource Area Delineation 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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, S 40) and is inconsistent with the wetlands regulations (3 10 CMR 10.00). To the extent that the Order is based on a municipal bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. Page 2 of 3 * ELECTRONIC COPY :'t Massaebaasetts Depae tmeunt of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File #:242-1662 WI PA Form .413 -Order of Resource Area Delineation 'DEP Transaction #:790586 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town.-NORTH ANDOVER 1. Date of Ongmal Order E. Signatures 2. No. of Signator quired `I'lhis Order is valid for three years from the date of issuance. If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend the issuance date of the original Final Order, and the Amended Order will expire on the date of the Original Final Order unless extended in writing by the Department. This Order is issued to the applicant and the property owner (if different) as follows: 3. r_. By hand delivery on 4. F By certified mail, return receipt requested on a. Date a. Date P�� Page 3 of 3 * ELECTRONIC COPY