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Home My WebLink About- Permits - 400 GREAT POND ROAD 1/27/2021 CONSERVATION DEPARTMENT Community Development Division NEGATIVE #3 DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS & FINDINGS ADDRESS: 400 Great Pond Road At the January 27, 2021 public hearing, the North Andover Conservation Commission (NACC)voted to issue a Negative #3 Determination of Applicability with conditions for work proposed at 400 Great Pond Road. The work includes: relocation of a 358-foot section of the domestic copper water line. Work involves excavation of a 4' wide 3' deep trench within turf lawn area, waterline installation, backfill at approximately 100 feet per day. Area of backfill will be immediately seeded and spread with straw. No stockpiling will occur on site, all unused excavate will be hauled off site on a daily basis. Work will be within the 100-foot buffer zone to the bank of Lake Cochichewick and fringe Bordering Vegetated Wetland just outside the 25' No Disturb Zone, with the house located between the lake and the area of excavation. Applicant/Homeowner: Walter Saxe 400 Great Pond Road North Andover, MA 01845 Record Documents: RDA Checklist Request for Determination of Applicability Form Narrative dated January 14, 2021, and supporting materials, submitted:January 14, 2021 Record Plan: Proposed Utility Plan 400 Great Pond Road,Scale 1" =40' prepared by Dana F. Perkins, Inc. - Annotated by the contractor to show proposed relocation route of water line, stamped received January 14, 2021. Approval is subject to compliance with the following Special Conditions: 1. Prior to work commencing, a mulch sock erosion controls shall be installed and then inspected by the Conservation Department. 2. The Conservation Department shall inspect areas post construction and approve removal of erosion controls once disturbed areas are vegetated and stabilized. 120 Alain Street,Nortb Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web.http://,kvwviv.iiortliandovergov 4 Massachusetts Department of Environmental Protection Wetlands of Resource Protection - 'I PA Fora 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 only the tab Conservation Commission i key to move To: Applicant Property Owner(if different from applicant): your cursor- i do not use the Wetter Saxe ._.._... �_.....m. m__w....... ....._.... � return key. Nameu Name I 400 Great Pond Road ' Mailing Address Mailing Address North Andover MA 01845 Cityrrown State Zip code City/Town State Zip code r�rm 1. Title and gate (or Revised Date if applicable) of Final Plans and Other Documents: Prpoosed Utility Plan-annotaed to show water Fine relocation Recvd 01-14-21 Title Date Narrative Description Recvd 01-14-21 Title Date RDA with associated attachments 01-14-21 Title Date 2. Date Request Filed: Janauary 1-4, 202.1........_.w 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): Relocation of a 358-foot section of the domestic copper water line. Work involves excavation of a 4' wide 3'deep trench within turf lawn area,waterline installation, backhll at approximately 100 feet per day. Area of backhll will be immediately seeded and spread with straw. No stockpiling will occur on site, all unused excavate will be hauled off site on a daily basis. Work will be within the 100-foot buffer zone to the bank of Lake Cochichewick and fringe Bordering Vegetated Wetland just outside the 25' No Disturb Zone,with the house located between the lake and'the area of excavation. Project Location: 400 Great Pond Road North Andover Street Address City/Town Maw 64 __...._._....._ Lot 137 Assessors Map/Plat Number Parcel/Lot Number wpaform7doc•Determinatlon of Applicablllty•rev.511812620 Page 1 of 5 4 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). El 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. ............. El 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. El 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). El 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 wpaform2doc-Delarmination of Appfica6614 rev.5/1&02= Page 2 of 5 4 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: El 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 10.5,8(4)c. for more information about the scope of alternatives requirements): El Alternatives limited to the lot on which the project is located. El 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, El 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. El 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. El 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 filling of a Notice of Intent, subject to the following conditions (if any). 1. Erosion controls shall be installed prior to work commencing and inspected by the Conservation Department, 2, Conservation Department shall inspect areas of disturbance once vegeated and stablized to approve of removal of erosion conirols. . ................................. ...... El 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. Nvpaform2doc•Detruminabon of Appl"UW/-rev.511"20 Page 9 of 5, 4 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 B. Determination (cont.) El 5. The area 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: Exempt Activity(site applicabio�ifaCCa—tor—y Tre—gulatory provisions) ................... EJ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Ntunicipallty Pursuant to a municipal wetlands ordinance or bylaw. Name ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: F3 by hand delivery on El by certified mail, return receipt requested on January 28, 2021 ................. 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 CD Regional Office (see �allgK4t�p,,ry e-detai�s/i,i'iassdr qgt(y.) and the property owner(if different from the applicant). i. wpaforrn2.doc•Determination of Appficabildy-rev.511812020 Page 4 of 5 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicabilityr Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Authorization (cont.) Signed by Amy R. Maxner, Conservation Administrator as authorized by the North Andover Conservation Commission- See N.E.R.D. Book: 16327 Page: 22 ................ ............. ............ ... ................ Signatures. J I Amy R. Maxner, Conservation Administrator Signature r Printed Name ................ Louis Napq!i-,-Chair.....- ............. Signature Printed Name Signature- - Albert Manzi, Jr. Printed Name Sean McDonough SignaCr-e-r— Ir U Printed Name Joseph Lynch Signature Printed Name John Mabon Signature Printed Name Tony Capachietti _signaiu_re Printed Name ..... ............................. Signature Printed Name D. Appeals 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,�, a , ,ffl,gion � o ces ily. 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 helshe 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 snot on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform7doc•Determination of Applicability-rev.511&12020 Page 5 of 5