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Home My WebLink AboutMiscellaneous - 315 SOUTH BRADFORD STREET 4/30/2018 (10) 3 r f I H.Michael Smolak,Jr. 315 South Bradford St. North Andover,MA 01845 / Home MA 978-689-o628 Home ME 2o7-646-9942 Cell Phone 978-500-2019 farmerhms@aol.com —H.Michael Smol k,Jr 315 South Bradford St. North Andover MA o I � I I i I '� United States Department of Agriculture 4NRCS Natural Resources Conservation Service 978-692-1904 x3 319 Littleton Road,Suite 205 fax 978-392-1305 Westford,MA 01886 vrww.ma.nres.usda.gov January 21, 2009 D E C E �n Micheal Smolak AUG 1 4 2013 315 S. Bradford St. North Andover, MA 01845 NORTH ANDOVER CONSERVATION COMMISSION Hello Mike, Here is some a map and some references for you to use with your Conservation Commission to review the work in the field edge that you want to do. Included are the references I found about managing the field edge within a resource area(wetland) from the Wetland Protection Act. Please read carefully the parts that I marked in green. One question that I have for you is this. Are there any water bodies or streams within this area? If so work cannot be done within 25 feet of that water body or stream. You should also inquire find out about any local bylaws that may impact the work you intend to do. Please call with any questions. Be re ards, Kathryn Zichelle ullivan Helping People Help the Land USDA is an equal opportunity employer and provider. 310 CMR DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: Defrtitions Abutter means the same as owner of land abutting the activity. Act means the Wetlands Protection Act,M.G.L.c. 131,§40. A2!hk means any form of draining,dumping dredging,damming discharging excavating,filling or grading;the erection,reconstruction or expansion of any buildings or structures;the driving ofpr'frigs; the construction or improvement ofroads and other ways;the changing ofnm-off characteristics;the intercepting or diverging of ground or surface water,the installation of drainage,sewage and water systems;the discharging of pollutants,the destruction of plant life;and any other cbangmg of the physical characteristics of land. Awrieved means the same as person aggrieved. A lure.sFor the purposes of310 CMR 10.04 the following words and phrases have the following meanings: (a) Land in aaricukural use means land within resource areas or the Buffer Zone presently and prim*used i a producing or raising one or more of the following agricttural commodities for commercial purposes: 1. animals,including but not limited to livestock,poultry,and bees; 2. fituts,vegetables,berries,nuts,maple sap,and other foods for human consumption; 3. feed,seed,forage,tobacco, flowers,sod,nursery or greenhouse products,and oma- mental plants or shrubs;and 4. forest products on land maintained in forest use, including but not ki*ed to biomass, sawlogs,and cordwood,but notinchrding the agricultural commodities described in 310 CMR 10.04 A ' ulhue(a)1.through 3.. Additionally,land in agricultural use means land within resource areas or the Bu$er Zone presently and primarily used in a manner related to,and ctistomarrly and necessarily used in,producing or raising such commodities, including but not lied to: existing access roads and livestock crossings; windbreaks;hedgerows;field edges;bee yards;sand pits;landings for forest products;fence lines; water management projects such as reservoirs,farm ponds,irrigation systems, ,field ditchescross ditches,car channels,grass waterways,dikes,sub-surface drainage systems,watering ffacilities,l water transport systems,and water storage systems;agricultural composting sites;agricultural storage and work areas;and land under farm structures. - Land in agricultural use may lie inactive for up to five consecutive years unless it is under a United States Department of Agriculture(USDA)contract for a longer term pursuant to the Conservation Reserves Program(the Food Securities Act.of 1985, as amended by the Food, Agriculture, Conservation and Trade Act of 1990;and 7 CFR 1410),or it is used for the forestry purposes descrbed in310 CMR 10.04(A� )14.,15., 16.and 17.). The issuing authoritymay require appropriate documentation, such as a USDA Farm Plan or aerial photography, to demonstrate agricultural use. (b) Normal maintenance of land it agricultural use,which in all cases does not include placing substantial amounts offllmBordering Land Subject to Flooding orfilling ordredging a Salt Marsh, means the following activities,without enlargement as to geographical extent,that are occurring on land in agriculturahae,when directlyrelated to production orraising ofthe agricultural commodities referenced in 310 CMR 10.04(A 'culture a),when undertaken in such a mariner as to prevent erosion and siltation of adjacent water bodies and wetlands,and when conducted in accordance with Sederal and state laws: 1. all crop management practices,not to include drainage in a Bordering Vegetated Wetland, customarily employed to enhance existing growing conditions,mchxbpg bit not limited to: tillab+e, trellising Pruning, mulching, shading and irrigating and all customary harvesting practices such as digging,picking combining,threshing windrowing baling cu>rmg,and drying; 2. the use of fert1h=s,manures,compost materials,and other soil amendments;pesticides and herbicides;traps;and other such materials; 3. the repair or replacement ofexisting access roads and,livestock crossings; 4. the maintenance of a. existing fimrest boundary lines up to five feet wide limited to cutting vegetation within the existing boundary lines; 3/11/05 (Effective 2/11/05)-corrected 310 CMR-331 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.04: continued b. windbreaks; c. hedgerows;and d. fire breaks on land maintained is forest use and owned by the Metropolitan District Commission, the Department of Environmental Managemment, or the Department of Fisheries,Wm>d)ite,and Environmental Law EnforcemmeM 5. the management of existing field edges, )anted to within 100 feet from the land production,including the following practices:j a. mowing, b. burning c. brush cutting;and d: removing trees. The management ofarry field edge that falls within a Bordering Vegetated Wetlands Wt intended to allow the conversion ofBordering Vegetated Wetland into cropland. Therefnip, the field management practices described m 310 CMR 10.04(A )(bx5)a.throulkd. may occur in a Bordering Vegetated Wetland provided that: i the cutting or removal of trees and understory vegetation shall not occur within 25 &et of the bank ofa water body that is not managed within the land inproduction(field ditches, cross ditches, grass waterways, irrigation systems, and farm ponds are examples of managed water bodies)unless the trees or undemstory vegetation are removed to control alternative hosts but no more than 50%of the canopy may be removed,or except to maintain existing dikes; ii. slash,branches,and limbs resulting from the cutting and removal operations shall not be placed within 25 feet ofthe bank ofa waterbodythat is notmamged within the land in production;and iii. no tilling fikig,excavation,or other change in the existing topography sbaR occur within the field edge; 6. the mm intenance and repair ofexistmg£rices and the management oftenpirary fence Imes; 7. time cleaning clearing grading repairing dredging,or restoring of existing man-made or natural water management systems such as reservoirs,farm ponds,irrigation systems,field ditches,cross ditches,canals/channels,grass waterways,dikes,sub-surface drainage systems, watering facilities,water transport systems,vents,and water storage systems,all in order to provide drainage,prevent erosion,provide more efEctive use ofwater,or provide for efficient use of equipment,and all for the purpose of maintaining favorable conditions for ongoing growing or rasing ofagricultural commodities; 8. the maintenance and repair of ongoing agricultural composting sites,storage areas,and work areas and the storage of Eltilmers,pesticides,manures,compostmmaterials,and other soil amendments,provided that such storage occurs only in the Buffer Zone or Bordering Land Subject to Flooding; . 9. the repair and maintenance of existing farm structim; 10. the seeding of eroded or disturbed areas; 11. maintaining time flow of exist¢mg mural waterways; 12. time keeping of livestock and poultry and the management of beebives; 13. the cultivation of cranberries,including the following practices: a. the activities described is 310 CMR 10.04(6s?6culture)(b)1.through 11.; b. the application ofsand to existing bogs and the excavation ofsand from sand pits; C. the repair and reconstruction of water control structures including flumes, Pumps, dikes,and Piping above and below the ground; d. the regrading including modification of drainage,and replanting of existing cranberry bogs; e. the repair and replacement of dikes; f water harvesting activities;and & flooding and flood release; 14. the cutting and removal of trees for the purpose of selting,the trees or any products derived therefrom,when carried out in accordance with a Forest Cutting Plan approved by the Department ofEnvironmental Management(DFdvt)under time provisions ofM.G.L,.c.132,§§ 40 through 46,and subject to the following 3/11/05 (Effective 2/11/05)-corrected 310 CMR-332 Customer(s): SMOLAK FARMS LLC Field Office:WESTFORD SERVICE CENTER Agency: Natural Resources Conservation Service Assisted By: Kathryn Zichelle Sullivan,Jan.21,2009 a 11-4 AN : . Legend 0 50 100 200 300 400 Feet =Approximate edge of Land in Production - blueberry plantings ® 100 ft Buffer of Edge of Land in Production Hydrologic Connections N Wetland Types 4 ' SHRUB SWAMP 2008 Aerial Photography January21, 2009 Customer(s):SMOLAK FARMS LLC Field Office:WESTFORD SERVICE CENTER Agency:Natural Resources Conservation Service Assisted By:Kathryn Zichelle Sullivan,Jan.21,2009 wo AM k :. Legend 0 50 100 200 300 40Feet =Approximate edge of Land in Production - blueberry plantings ® 100 ft Buffer of Edge of Land in Production Hydrologic Connections N Wetland Types ® + ~; SHRUB SWAMP v 2008 Aerial Photography January 21, 2009 I Use Oni : t Egrest Cutting PC E D i N er , Case No. and Notice of Intent under M.G.L. Date -a �3 Nat.Hert. Chapter 132 -The Forest Cutting l�UG i 4 ��lies A - /'� Nat.Hert.Imp. t er B Pub.Dr.Wat. Practices Act, 304 CMR 11.00 NiaN ver' pbj' ACEC (Effective Date: 1/1/04) MAS SeION C Location APR Landowner _ � 9 2013 Town North Andover Name Smolak Farms Realty LLC Road South Bradford Stma Mailing Address 315 South Bradford Street • Acres Vol.MBF-244---Vol.Cds. 90 Vol.Teas-- Town,State,Zip Ne#h Aade ;MA 01945 PheRe Plan Preuarer Ch61❑ 61A® FSC GC❑ Name Richard W.Kulis Licensed Timber Harvester** Address P.O.Box 1372- Name Guy Bosse Town,State,Zip Greenfield,MA 01302 Address 40 Taicott Ave Phone 413-863-8071 Town,State,Zip Gardner,MA 01440 Type of Preparer Mass.Licensed Forester Phone :e :9 78-85- *Mass.Forester License 4 131 Mass.Lic. arve er - -507 **This information may be supplied after the plan is approved,but before *Required for land under Ch61,Ch61A or Forest Stewardship work be ' . Stream Crossings Harvesting in Wetlands Indicate location on map SC-1 SC4 SC-3 SC4 Indicate location on map HW-1 HW-2 HW 3 HWS Type of Crossing Forest Type(see pg 2) WH WH Existing StrucWre Acres to be Harvested 3 1.7 T of Bottom Restd.Basal Area 60% 60% >50%? • Bank Height(ft) Stabilization �1- Wetiand Crossings Service Forester Comments • Indicate location on map WC-1 WC-2 WC-3 WC4 Length of Crossing Mitigation Stabilization N)ou Filter Strips Indicate location-on map FS-1 FS-2 FS-3 FS-4 yrr Width(50', 100',or VA) / Gf woe of Prepare r Type of Crossing Stabilization Mitigation Type of Bottom Note: LF Mass.Lic.For. Cu Culvert SE Seed FR Frozen LE Ledge Applicant must provide DCR with all relevant information TH Lic.Tim.Har BR Bridge MU Mulch DR Dry ST Stony before plan may be approved and cutting may begin- Loll TB Timber Buyer FO Ford CO Corduroy OT Other MU Mud Some forestry activities,such as prescribed burning and LO Landowner PO Poled ST Stone GR Gravel pesticide or fertilizer application mac require additional permits. OT Other OT Other RB Hay Bales OT Other Consult MA Forestry BNfP Manual for further information. Forest Cutting Plan Landowner Smolak Farms Realty Narrative Page (Effective Date: 1/1/04) Town LLC-North Andover Use this page to provide further explanation or if Other (0T) was used in any category on pages 3 or 4. File Number Use this Section to provide further explanation or if Other(OT)was used in any category in the Best Management Practices Section on Page 3. This harvest will include mechanical invasive removal and non-commercial thinning to improve the future health,growth;and quality of the residual crop trees and advanced regeneration found in the forested stands of the property.Harvesting in wetalnd resource areas will be accomnplished with a i mechanical harvester to minimize impact and protect the resources.All Natural Herfitage recomendatiions will be adressed and implemented. 6- Use this Section to describe the types of trees to be harvested and/or retained if Other(OT)was used for"Designation of Trees" in the Stand Treatment Section on page 4. Stand No. Species to be Cut Size of Trees to be Cut Quality of Trees to be Cut %BA/Acre Removed • • • Use this Section to describe how Chapter 132 requirements will be met if a non standard system(HG,DL,or OT) was used for the"Type of Cut"in the Cutting Standards Section on page 4. Stand No. Source of How will Regeneration be obtained/protected? Regeneration If using AD-Describe the species present and how the regeneration will be protected • (ea.AD,SE) If using SE-Describe the source of the seed and the number of seed trees/acre • • Stand No. Desired Future Condition Describe what the stand is expected to look like five ears from the harvest,including,the condition of the oversto &understory • products to be Harvested* *Note: Volumes and values indicated in the Plan are as reported by the plan preparer and have not been independently verified Species Mbf/Cds Mbf/Cds by the service forester upon approval- Mbf=thousand board feet. White Pine 20 Red Maple .5 Red Pine Sugar Maple Cutting Standards Pitch Pine Red Oak Hemlock Black Oak 2 [Designation location on map ST-I ST-2 ST-3 ST-4 • �c�I «'H Spruce White Oak Type Other Sftwd. Other Hdwd. 5 14 3.7 White Ash Total Mbf ner Objective LT LT Beech Cordwood(Cds) 90 • of Trees CT CT White Birch SW Pulp(Tons) 0 f Cut CT CT B&Y Birch HW Pulp(Tons) of Regeneration AD AD Black Cherry Chips(Tons) Landowner Signature The most important information on a cutting plan is the Landowner's objective,as this will determine which trees will be harvested and which will remain;this decision will also determine the future condition of the forest for decades to come. After having read the Massachusetts Forest Cutting Plan Information Sheet on page one,indicate your objective by checking the appropriate box below. ® LT—Long-term Forest Management ❑ ST-Short-term Harvest Planned management of the forest to achieve one or more of the Harvest of trees with the main intention of producing following objectives:produce immediate and maximize long-term short-term income with minimal consideration given to income,enhance wildlife habitat,improve recreational opportunities, improving the future forest condition,which often results protect soil and water quality,or produce forest specialty products. in a forest dominated by poor quality and low value species. I(we)have read the Massachusetts Cutting Plan Information Sheet,and am aware of my(our)management options. I(we)hereby certify that I(we)have the legal authority to carry out the operation described above. I(we)certify that I(we)have notified the Conservation Commission in the town in which the operation is to take place and the abutters of record within two hundred feet of the area to be harvested. I(we)understand that the volumes and values(Ch6I only)in this plan have not been independently verified by the service forester upon approval and will report final values and volumes to the Director or his/her agent if the final figures differ from those reported. ( Z21— Sr ature of landowners) Date Determination and Status Final Report and Comments Approved Disapproved Expires I hereby certify that the afore described Forest Cutting Plan Cutting Pl ❑ S' l 5� and all relevant statutes have been substantially complied with. 7 A % 3 Signature of Service Forester/Director's Agent Date Signature of Service Forester/Direc is Agent Da e Expires Ser.For.Ints. t Extension 1❑ 2❑ App I Dis I App 2 Dis 2 Amendment ❑ ❑ ❑ ❑ / rRP nes Designation of Trees Type of Cut Source of Regeneration ite Pine HK Hemlock OM Mixed Oak CT Cut Tree SH Sheltenvood Intermediate Harvests: AD Advanced /Hem HH Hem/Hdwd RM Red Maple LT Leave Tree ST Seed Tree CT Commercial Thin SE Natural Seed /Hdwd BC Blck Cherry BE Beech SB Stand Boundary CC Clear Cut NT Non Com Thin PL Plant /Oak BB Bee/Bir/Map SF Spruce/Fir OT Other SE Selection Non-Standard Systems:* CO Coppice Pine OH Oak/Hdwd SM Sugar Maple Landowner ObjectiveSA Sahage HG Hie3torade* DS Direct Seed Spruce OR N Red Oak PP Pitch Pine LT Long-term NI.t. SN Sanitation DL Diameter Limit* OT Other -3moiaKi-arms measly LL%-, North Andover N 7 214 j-, h h, N Ge r7t. _7 <: Cem;. �q 7VV 10000 urspi 37' N d lid 0 V e I Smolak Farms Realty LLC ..")...... North Andover z f a z XE 6 "77 J- �j` O N J-- 7 Prepared by Richard W.Kulis,MA Lic Forester 0310112013 Source: MA GIS Use for Forest Management Locus Map Lawrence Quad • y� Commomvealth of Massachusetts - _ - Division of - . Fisheries & Wildlife 41assWildlife Wayne F.MacCallum,Director Laura Dooley Department of Conservation and Recreation 25 Shattuck Street Lowell,MA 01.852 Cutting Plan No. 210-6340-13 NHESP Tracking No. 10-27737a Town North Andover Road South Bradford Street Landowner Smolak Farms Realty LLC Preparer Richard W.Kulis Date April 12 2013 Dear Laura, The Natural Heritage and Endangered Species Program(NHESP)has reviewed the above-referenced Forest Cutting Plan(hereinafter"the Plan")pursuant to the special approval procedures of the Forest Cutting Practices Regulations (304 CMR 11.04(6)). Based on details of the Plan and information in the NHESP database, the NESP has determined there is potential for activities proposed in the Planto result in"'Take"(as defined in 321 CMR 10.02)of Blanding's Turtle(Embydoidea blandingii),which is listed as Threatened pursuant to the Massachusetts Endangered Species Act(MESA)(M.G.L.c. 131A)and its implementing regulations(321 CZAR 10.00). Blanding's Turtles inhabit various wetland complexes (e.g., ponds, marshes, and vernal pools) and the upland habitats surrounding them. Generally,these turtles are restricted to the wetlands during winter,but they migrate and disperse through terrestrial areas during the spring—fall in search of nesting, foraging, and overwintering habitats. Blanding's Turtles may even spend prolonged periods of time during the summer estivating in upland forests,where they lie dormant under logs, leaf litter, or other forest-floor substrates. Hatchling turtles disperse through upland habitats to wetlands during the late summer and fall. The marsh complex to the North of the cutting site and the upland areas within the cutting site are classified as known habitat of Blanding's Turtle. The NHESP is concerned that direct mortality of individual turtles(e.g., as a result of crushing by motorized vehicles) will occur if the harvest is not conducted at an appropriate time of year. Therefore,to avoid a prohibited Take of Blanding's Turtle,the.NHESP-requests that the following statement be added to the Plan prior to its approval: • Operation of motorized vehicles within the harvest area shall occur only during the time period beginning November 1 and ending March 15. The practices described above are intended to (1)coordinate operation of motorized vehicles during times of year that Blanding's Turtles are not expected to be in certain upland areas. Please copy the NHESP on any proposed amendments to the Plan and on the approved plan for the site. If you have any questions about this letter,please contact Brent Powers at(508)389-6354. wivtiv.masDvildli fe.oi- Division of Fisheries and Wildlife Temporary Correspondence: 100 Hartwell Street,Suite 230,West Boylston,%lA 01583 Permanent: Field Headquarters,North Drive,Westborough.\1A 01581 (508)389-6300 Fax(508)389-7890 An Agency of the Department of Fish and Game NHESP File No. 10-27737,N.Andover,4/12/2013,page 2 of 2 Sincerely, Thomas W.French,Ph.D. Assistant Director Cc: North Andover Conservation Commission dcr COMMONWEALTH OF MASSACHUSETTS FILE # Department of Conservation and Recreation Division of State Parks and Recreation FOREST CUTTING PLAN CERTIFICATE Post this in a conspicuous place within the area in which the harvesting operation is to take place. This certifies thatsrho Z UkAb- La • *40!q in accordance with the (Name of Owner) Address) provision of M.G.L. Chapter 132, Section 40-46, filed in with the Dept. of Conservation and Recreation, Division of State Parks and Recreatio a Notice of Intent to cut forest products upon the Approval Date s ISSUED BY: Director's Agent Priscilla E. Geigis, Director DCR Phone No. " + Division of State Parks and Recreation