Loading...
HomeMy WebLinkAboutLawrence Municipal Airport DOA Negative Determination - Taxiway C - Permits - 2/9/2022 0 CONSERVATION DEPARTMENT C.;ommunit5r Development Division NEGATIVE #3 DE TERMINATION OF APPLICABILITY SPECIAL CONDI:I'IONS 492 Sutton Street, Lawrence Municipal Airport, North Andover At the February 9,2022 public hearing, the North Andover Conservation Commission(NACC) voted to issue a Negative #3 Determination of Applicability,with conditions,for work involving elimination of Taxiway D,reconfiguratiort/realignment of Taxiway C and repaving of Taxiway F. Work inside the buffer zone involves repaving of a small section of Taxiway F,and ininor grading and edge lighting replacement falling in the outer reaches of the buffer zone (75' or greater) (an aggregate of—2,200 s.f. of disturbance in the buffer zone) -full erosion control barriers are proposed. Work outside the buffer zone includes removal of Taxi D, install.new section of and stub for Taxi C/C2, replacement of edge lighting and airfield drainage modification to accommodate shifted pavement footprints. The project results in a net decrease of impervious surface of—22,400 s.f., therefore resulting no net increase in flows at discharge points to wetlands. The project shall conform to the following: Applicant: Lawrence Municipal Airport c/o Michael Miller,Manager 492 Sutton Street North Andover,MA 01845 Record Documents: Request for Determination of Applicability Form 1,and supporting materials submitted; Record Plans: Permitting Plan Set,prepared by Stantec Consulting Services (14 pages), dated 01-14-22. **The applicant, owner and their contractors are advised that NO other work on the property is allowed under this permit. The NACC has jurisdiction over all of the wetlands and associated 100-Foot buffer zones on site and any work that involves ground disturbance or changing the current conditions in these areas will require permitting with the NACC. This includes,but are not limited to,house additions, pools,patios, decks, sheds,fences, garden beds,landscaping and bridge installation,tree or vegetation cutting/pruning. These activities shall be held to the current standards tinder the Bylaw and WPA. The followring Special Conditions shall be complied with: 1. A pre-construction meeting with Conservation staff shall be scheduled to observe installed erosion controls to consist of 12" mulch sock staked and catch basin protection where appropriate. 2. Stockpile areas shall be sited outside the 100'buffer zone. 3. A post construction site inspection with Conservation staff to observe fully stabilized areas of work and approve erosion control removal, 120 Nhiti Strect,North 01845 Phone 978.688.9530 1^as 978.698.9542 wti��e.rzc�rthando�ern7sx.l,crw• 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WV A Form 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 key to move To: Applicant Property Owner(if different from applicant): Your cursor- do not use the Lawrence Municipal Airport Commission c/o return key. Michael Miller, Manager Name 492 Sutton Street Q Mailing Address Mailing Address North Andover MA 01845 City/Town State Zip Code Citylrown State Zip Code fEBPSq 1. Title and Date(or Revised Date if applicable) of Final Plans and Other Documents: Photo Location Map,Fig. 4, prepared by Stan........tec Consulting Services 01-13-22 _...._.. Title Date Permitting Plan Set, preapred by Stantec Consulting Services (14 pages) 01 14-22 Title Date RDA Application with sIpportin materials 01-19-22 Title Date 2. Date Request Filed: Janua 192.2022 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): The project involves elimination of Taxiway D, reconfiguration/realignment of Taxiway C and repaving of Taxiway F. Work inside the buffer zone involves repaving a small section of Taxiway F, and minor grading and edge lighting replacement falling in the outer reaches of the buffer zone (75' or greater). The project results in a net decrease of impervious surface totalling —22,400 s.f. Work outside the buffer zone includes removal of Taxi D, install new section of and stub for Taxi C/C2, replacement of edge lighting and airfield drainage modification to accommodate shifted pavement footprints. Project Location: 492 Sutton Street Norht Andover Street Address Cityrrown Map 34 Lot 26 Assessors Map/Plat Number Parcel/Lot Number l vrpaform2.doc«Determination of kppNicahllity•rev.5115f2020 Page 1 of 5 1, 4 LlMassachusetts Department of Environmental Protection Bureau 0f Resource Protection - Wetlands � WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.[. c. 131. G4O � 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 orthe Department ofEnvironmental Protection). 171 1. The area described on the referenced p|on(e)iwan area Subject tu protection Linder the Act. Removing,filling, dredging, or altering of the area requires the filing ofe Notice ofIntent. Fl 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 ao long ua this Determination isvalid. 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 bz 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 namove, fill, dredge, or alter that area. Therefora, said work naquinao the filing of Notice of Intent. 171 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will o|har on Area subject to protection under the Act. Therefore, said work requires the filing of 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: Pursuant to the following municipal wetland ordinance orbylaw: Namm vmmancuv,upa w-dxmuvn °v"m,m2.dm'n*°,mi""o."of*`pm"mm'^m°511812020 Page zmo 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 (cent.) ❑ 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 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. ❑ 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). A pre-construction meeting with Conservation staff to observe installed erosion controls to consist of 12" mulch sock staked and catch basin protection where appropriate shall be scheduled. Stockpile areas shall be sited outside the 100' buffer zone. Post construction site inspection with Conservation staff to observe fully stabilized areas of work and approve erosion control removal. ❑ 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. wpaformMoc-determination of Applicability•rev.5/18/2020 Page 3 of 6 4 Massachusetts Department of Environmental Protection | Bureau Of Resource Protection - Wetlands WPA Form 2 _ Determ^na*~on of Applicability Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 � B, Determination (cont.) Fl 5. The area described in the Request ie subjectb) protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the nmgu|oUnns. no Notice of Intent ia required: 6. The area and/or work described in the Request is not subject to review and approval by: Pursuant toa municipal wetlands ordinance urbylaw. C. Authorization This Determination in issued to the applicant and delivered aafollows: [l by hand delivery uD 0 by certified mail, return receipt requested on 02-16-22 Dm� 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, sbate, or local s(atutuo, onJinanoem, bylaws, or regulations. This Determination must be signed bya majority oftheCnnservatiooCommiamion. Aoopyrnustbexantto the appnopriateDEP Regional Office (see ty- ) and the property owner(if different from tho epp||rant) 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 C. Authorization (cont.) Signatures: Sr gnatur Printed Name .......... .................... t re Printed Nam J Signature Printed Name Y_ Sign Printed Na e ........... Signature Printed Name Signature Printed Name .................... Signature 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 h �/ rvice-details/Mas� - e rlgl- ices-- _it : 0 jlffLby- _ community) 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 he/she 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 not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc-Determination of AppYicability-rev.5flB/2020 Page 5 of 5