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Home My WebLink AboutMiscellaneous - 407 BEAR HILL ROAD 4/30/2018 (2) Z/a �7 Yse")r" 141 iI ll�)Oq ," 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1619 MTA Form 413 -Order of Resource Area Delineation e ty/ Transaction#:ANDD Cityffown:NORTH ANDOVER Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 Lll � A.General Information 1.Conservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. r Order of Resource Area Delineation b. r Amended Order of Resource Area Delineation 3.Applicant Details a.First Name CHRISTOPHER b.Last Name KIERCE c.Organization 407 BEAR HILL ROAD RT d.Mailing Address 407 BEAR HILL ROAD e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 4.Property Owner(if different from applicant): a.First Name CHRISTOPHER b.Last Name KIERCE c.Organization 407 BEAR HILL ROAD RT d.Mailing Address 407 BEAR HILL ROAD e.City/Town NORTH ANDOVER f.State MA g.ZIP 01845 5.Project Location a.Street Address 407 BEAR HILL ROAD b.City/Town NORTH ANDOVER C.Zip 01845 d.Assessors Map/Plat# 64 e.Parcel/Lot# 115 f.Latitude 42.6809N g.Longitude 71.08788W 6.Dates a.Date ANRAD Filed 4/3/2014 b.Date Public Hearing Closed 5/14/2014 c.Date Of Issuance 5/16/2014 7.Final Approved Plans and Other Documents Plan Title Plan Prepared By Plan Signed By Plan Final bate!Plan Scale ANRAD PLAN 407 BEAR HILL ROAD MICHAEL O NEILL,P.E.MICHAEL G.ONEILL,P.E.05-13-2014 1"=30' 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. F Other resource area(s),specifically a.BANK OF INTERMITTENT STREAM b. r 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. r Bordering Vegetated Wetlands 2. r Other resource area(s),specifically a. c. r 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): Page 1 of 3 *ELECTRONIC COPY r � Massachusetts'Department of Environmental protection Provided by MassDEP: �— Bureau of Resource Protection-Wetlands MassDEP File#:242-1619 MTA Form 4B -Order of resource Area Delineation eDEP Transaction#:652306 t Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER 1. F 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/fmdyour.htm). D.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(310 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 f Massachusetts Department of Environmental Protection Provided by MassDEP: ~� Bureau of Resource Protection-Wetlands MassDEP File#:242-1619 : WPA Form 4B -Order sof Resource Area Delineation eDEP Transaction#:652306 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Town:NORTH ANDOVER E.Signatures 1.Date of Original Order 2.No.of Signatures required This 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. 1-By hand delivery on 4. f°"By certified mail,return receipt requested on a.Date a.Date �l(p/ Page 3 of 3 *ELECTRONIC COPY Order sof Resource Area Delineation 407 Bear Hill Road DEP File # 242-1619 Facts&Findings: Wetland resource areas,jurisdictional under the Massachusetts Wetland Protection Act(WPA) and/or the North Andover Wetland Protection Bylaw (Bylaw),within the subject parcel include Bordering Vegetated Wetland (BVW) and Bank of Intermittent Stream. Wetland resource areas were delineated by Biodiversity Consulting,LLC on May 17,2013. Wetland flags were confirmed by Jennifer Hughes,Conservation Administrator,in April and May of 2014 and include: BVW Flags WF AO-WF A15 Bank of Intermittent Stream(Centerline) WF AO-WF Al Other up-gradient channels are noted on the plan but are not jurisdictional under the Massachusetts Wetland Protection Act or the Town of North Andover Wetlands Protection Bylaw. The site also falls within the Town of North Andover's Watershed Protection District. The NACC formally approved the aforementioned jurisdictional resource area boundaries and the associated buffer zones at a public hearing on May 14,2014. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation-WPA Form 4A and supporting documents,received March 27,2014; ➢ Plan entitled"ANRAD Plan,407 Bear Hill Road". Prepared by Michael O'Neil,P.E., dated January 28, 2013 and last revised 5-13-2014. Stamped and signed by Michael G. O'Neil,P.E.;