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2001-05-18 Expanded ENF- Lawr. Airport Industl. Park
Expa nded Env`i ron r ent tifi .t o n" r • . 1 { ;_ � j+ 4d�t 7r+'.�J � .'1 f�p�aa'(�r'��.1:.,.,�_tt�;, '�f j, ,.� r"! r 'a wreAce AvOr"t Industrial Nrk - f s � ' r� t{, ,t� CI IS f may' :y�„!M'�l.Pr!r<!�'..�4i i 1-�Ju����t .•�;�{[ 4{w AAWRriC� r . � ` rt�S.t%f7il rl �I li•4^i rV, r '',rt l- I r1 .. 4 � ,•il rf {EF Pi�Yi �. ! ` r� � F«41 s. '"h.'` f --._' - , 1Y�19, f j hii 4 , tj I�� �r�rs gg �� � 7 ��(�` ' 1 �!�y• x r �£ ��..�- � � I�I ii �.a r t �S r"�`f '. Submitted'ta Srrbmited:�y: I xecutit�e Office.of Environmental Affairs. Lawrence Airport Enterprise Corrrmissian. MERA Unit. 225,Essex Street 25,1 Causeway;Street. Lawrence;•MA 0'1840 I Suite-900 ; . Boston,':MA 0211.4. FUN Prepared by: .' • EPSILON AssoCIATES,"jNC. '150 Main Street June 1.5,.2001 ' PsO BOX.700 Maynard, MA 01'754-000. ONEPSIL ASSOCIATES INC. Engineers IffEnvironmental Consultants EP se'LONASS©CIA"S INC. Engineers 0 Environmental Consultants I June 15, 2001 Subject: Expanded Environmental Notification Form PRINCIPALS Lawrence Airport Industrial Park, North Andover, MA. Theodore A.Borten,P.E. Dear Reviewer: Margaret B.Briggs Enclosed please find a copy of the Expanded Environmental Notification Form (EENF) for MichaelE.Guski,CCM the Lawrence Airport Industrial Park development in the Town of North Andover. Samuel6.Mygott,L.L.6, The Lawrence Airport Industrial Park project reflects a joint venture between the City,of Dare T Raczynski,P.E. Lawrence and the Town of North Andover with financial assistance being provided by the Commonwealth of Massachusetts through Mass Development. The Lawrence CindyschMsinger . Airport Enterprise Commission (the "Applicant"), which is comprised of public officials from Lawrence and North Andover, is proposing to construct approximately 316,000 LesterS. Smith,lr square feet of new industrial building space on forty-one (41) acres of undeveloped land at the Lawrence Municipal Airport in the Town of North Andover. Off-site work is limited to the extension of a 1.1 mile sewer force main from a proposed on-site pump station to the Greater Lawrence Sanitary District system. The EENF will be noticed for public review in the Environmental Monitor on June 23rd, 2001 thereby beginning a thirty (30) day public comment period. Comments on the EENF should reference the project and should be sent in writing to the MEPA Unit of the Executive Office of Environmental Affairs at the following address: Secretary Robert Durand Executive Office of Environmental Affairs MEPA Unit 251 Causeway Street, Suite 900 Boston, MA 02114 Sincerel EPS11L Ass a s, I�f . Michael D. dq alr`d Senior Scietltis 150 Main Street PO Box 700 Maynard, Massachusetts 01754--0700 978.897.7100 Fax 978.897.0099 �se Engine N ASSOCIATES INC. ers M Environmental Consultants Via FedEx Delivery June 15, 2001 PRINCIPALS Secretary Robert Durand Theodore A. Borten,P.E. Executive Office of Environmental Affairs MEPA Unit Margaret B,Briggs 1 251 Causeway Street, Suite 900 Boston, MA 02114 Michael E,Guski,CCM Subject: Expanded Environmental Notification Form -- Lawrence Airport Samuel G.Mygat(,i,c,s. Industrial Park; North Andover,MA. Dale T.Roczynski,P.E. Dear Secretary Durand: Cindy 5chlessinger Lester 8,Smith,Jr. On behalf of the Lawrence Enterprise Commission (the °Applicant"), Epsilon Associates, Inc. is pleased to submit the enclosed Expanded'Environmental Notification Form (EENF) for the Lawrence Airport Industrial Park development project. The Lawrence Airport Industrial Park project reflects a joint venture between the City of Lawrence and the Town of North Andover with pre-development financial assistance being provided by the Commonwealth of Massachusetts through MassDevelopment. The Lawrence Airport Enterprise Commission (the "Applicant"), which is comprised of public officials from Lawrence and North Andover, is proposing to construct approximately 316,000 square feet of new industrial building space on forty-one (41) acres of undeveloped land at the Lawrence Municipal Airport property in the Town of North Andover. Off-site work is limited to the extension of a 1.1 mile sewer line from a proposed on-site pump station to the Greater Lawrence Sanitary District system. The following MEPA thresholds have been triggered by this project: • Land - Creation of ten or more acres of impervious surface (ENF and mandatory EIR); • Wetlands, Waterways and Tidelands — Alteration of 5,000 or more square feet of bordering or isolated vegetated wetlands (ENF); • Transportation - Generation of 1,000 or more new adt on roadways providing access to a single location (ENF); • Wastewater- Construction of one or more new sewer mains 1/2 mile or more in length, provided the sewer mains are not located in the right of way of existing roadways (ENF). 150 Main Street • PO Box 700 • Maynard, Massachusetts 01754-0700 978.897.7100 Fax 978.897.0099 Secretary Robert Durand Executive Office of Environmental Affairs Jute 11, 2001 On April 11, 2001, the project team attended a pre-application meeting with Janet Hutchins, Assistant MEPA Director, to discuss the project, identify issues of concern and determine the appropriate filing procedure. As a result of this meeting, please consider this a formal request for a Single Environmental Impact Report in accordance with 301 CMR 11.06(8). It is understood that the review period is extended in accordance with 301 CMR 11.060) and the public comment period is extended for 30 days in accordance with 301 CMR 11.06(3). Our submission includes the following: • One (1) original signed ENF; • One (1) additional reproduction of ENF; • One (1) copy of first three pages of ENF (plus a permitted fourth page); • One (1) original U.S.G.S. locus map; • ENF distribution list, and; • The GIS coordinates (Mass Coordinates) of the project site are as follows: 0326168.84 E/W 4732335.00 N (meters). The Public Notice of Environmental Review will be published in The Lawrence Eagle Tribune on June 201", 2001 prior to the date of publication of the ENF in the Environmental Monitor on June 23`d, 2001. We have also distributed copies of the ENF to all parties listed on the enclosed circulation list. Please notice the ENF in the Environmental Monitor to commence public review. Additional copies of the ENF may be obtained by calling Michael D. Howard of Epsilon Associates at (978) 450-7147. Sincerely, ` EPSILON AS (OCl.�S, I�I . / f, Michael D. Ho rd Senior Scientist EPSILONASSOCIATES INC. Engineers®Environmental Consultants Expanded Environmental Notification Form Lawrence Airport Industrial Park Prepared for; Lawrence Airport Enterprise Commission 225 Essex Street Lawrence, MA 01840 Prepared by: Epsilon Associates, Inc. 150 Main Street, PO Box 700 Maynard, Massachusetts 01754-0700 In association with: Gale Associates, Inc. MassDevelopment Vannasse Associates, Inc. 33 Riverside Drive 1441 Main Street 10 New England Business Center Pembroke, MA 02359 Springfield, MA 01103 Drive Andover, MA 01810 june 15, 2001 ;II TABLE OF CONTENTS 1 .0 Expanded Environmental Notification Form 2.0 Figures • Sheet C1 .1 - Existing Conditions Site Plan (11 x 17") • Sheet C2.1 — Layout and Grading Site Plan (11 x 17") • Sheet C4.1 — Proposed Lot Plan (11 x 17") • Figure 1 - USGS Locus Map • Figure 2 - Flood Hazard Map • Figure 3 - Estimated Habitat Map • Figure 4 - Soils Map • Figure 5 - Wetland Resource Areas • Figure 6 - Proposed Sewer Line Route 3.0 Circulation List 4.0 Public Notice Facsimile 5.0 Determination of Applicability 6.0 Traffic Analysis (attached separately) Environmental Notification Form Commonwealth of Massachusetts For office use OnlyExecutive Office of Environmental Affairs Executive Office of Environmental Affairs ® MEPA Office EOEA No.: EnvironmentalMEPA Analyst: Phone: 617-626- Notification Form The information requested on this form must be completed to begin MEPA Review in accordance with the provisions of the Massachusetts Environmental Policy Act, 301 CMR 11.00. Project Name: Lawrence Airport Industrial Park Street: 492 Sutton Street Municipality: North Andover Watershed: Merrimack River Universal Tranverse Mercator Coordinates: Latitude: 42.725948 0326168,84 ENV 4732335.00 N meters Estimated commencement date: spring 2002 Estimated completion date: 2003 Approximate cost: $1,800,000 1 Status of project design: 75% complete Proponent-, Lawrence Airport Enterprise Commission Street: 225 Essex Street Munici alit : Lawrence State: MA Zip Code: 01840 Name of Contact Person From Whom Copies of this ENF May Be Obtained: Michael D. Howard Firm/Agency: Epsilon Associates, Inc. Street: 150 Main Street Municipality'. Maynard I State: MA I Zip Code: 01754-0700 Phone: (978) 450-7147 Fax: (978) 897-0099 Email mhoward@epsilonassociates.com Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? ®Yes [:]No Has this project been filed with MEPA before? ❑Yes (EOEA No. ) ®No Has any project on this site been filed with MEPA before? ❑Yes (EOEA No. } ®No Is this an Expanded ENF (see 301 CMR 11,05(7)) requesting: a Single EIR? (see 301 CMR 11.06(8)) ®Yes [-]No a Special Review Procedure? (see 301 CMR ❑Yes ®No 11.09) a Waiver of mandatory EIR? (see 301 CMR ❑Yes ®No 11.11) a Phase I Waiver? (see 301 CMR 11.11) ❑Yes ®No Identify any financial assistance or land transfer from an agency of the Commonwealth, including the agency name and the amount of funding or land area (in acres): MassDevelopment- $250,000 Are you requesting coordinated review with any other federal, state, regional, or local agency? ❑Yes(Specify } ®No List Local or Federal Permits and Approvals: Planning Board Special Permit, FAA Form 7460-1, NPDES Construction PermiUSWPPP, Conservation Commission Order of Conditions. Revised 10/99 Comment period is limited. For information calf 617-626-1020 Which ENF or EIR review threshold(s) does the project meet or exceed (see 301 CMR 11.03): ® Land ❑ Rare Species ® Wetlands, Waterways, & Tidelands ❑ Water ® Wastewater ® Transportation ❑ Energy ❑ Air ❑ Solid & Hazardous Waste ❑ ACEC ❑ Regulations ❑ Historical & Archaeological Resources Summary of Project Size Existing Change Total State Permits & & Environmental Impacts Approvals ® Order of Conditions Total site acreagge 41.06 ❑ Superseding Order of New acres of land altered 21.66 Conditions Acres of impervious area .61 16.70 17.31 ❑ Chapter 91 License ® 401 Water Quality Square feet of new bordering 17,575 Certification vegetated wetlands alteration (temporary- ❑ MHD or MDC Access sewer line Permit ltd. ro ect Square feet of new other 54,127 El Water Management wetland alteration (riverfront Act Permit El New Source Approval Acres of new non-water ® DEP or MWRA dependent use of tidelands or NIA Sewer Connection/Extension Permit waterways _ ❑ Other Permits (including Legislative Gross square footage 0 316,400 316,400 Approvals) — Number of housing units NIA NIA NIA Specify: Maximum hei ht in feet 0 55 55 .—TRANSPORTATION Vehicle tri s per day 0 +2,172 2,172 Parking spaces 0 766 766 WATER/WAST WATER.. Gallons/day (GPD) of water 0 23,730 23,730 use GPD water withdrawal NIA NIA NIA — GPD wastewater generation/ 0 23,730 23,730 treatment Length of water/sewer mains 0 1.1 1.1 in miles CONSERVATION LAND: Will the project involve the conversion of public parkland or other Article 97 public natural resources to any purpose not in accordance with Article 97? ❑Yes (Specify ) ® No Will it involve the release of any conservation restriction, preservation restriction, agricultural preservation restriction, or watershed preservation restriction? ❑Yes (Specify } ® No RARE SPECIES: Does the project site include Estimated Habitat of Rare Species, Vernal Pools, Priority Sites of Rare Species, or Exemplary Natural Communities? ® Yes (Specify: off-site location adjacent to the Merrimack River. ❑No -2- HISTORICAL /ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? ❑Yes (Specify ) ® No If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? []Yes (Specify ) ® No AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project in or adjacent to an Area of Critical Environmental Concern? ❑Yes (Specify ) ® No PROJECT DESCRIPTION. The project description should include (a) a description of the project site, (b) a description of both on-site and off-site alternatives and the impacts associated with each alternative, and (c) potential on-site and off-site mitigation measures for each alternative(You may attach one additional page, if necessary.) Project Overview -The Lawrence Airport Industrial Park (the"Project") is a joint venture between the City of Lawrence and the Town of North Andover with pre-development financial assistance being provided by the Commonwealth of Massachusetts through MassDevelopment. The Lawrence Airport Enterprise Commission (LAEC) (the"Proponent"), a legislatively established and state empowered regional development commission, is proposing to construct approximately 316,000 square feet of new industrial building space on 41 acres of undeveloped surplus, non-aviation land at the Lawrence Municipal Airport (LMA) property. LMA is owned and operated by the City of Lawrence but situated in the Town of North Andover. Off-site work is limited to the extension of a 1.1 mile sewer line from a proposed on-site pump station to the Greater Lawrence Sanitary District (GLSD)system. The Lawrence Airport Commission's (LAC) primary goal is to advance and strengthen the operational and navigational development of the LMA. As part of that goal, it is the LAC's responsibility to seek out alternative uses for areas of land which have been deemed, through the"Airport Lay-Out Plan (ALP)and Master Plan", as surplus. These sites hold no current or future navigational purpose and are examined by the LAC with an eye toward revenue production. The Project will provide the LMA with funds currently unavailable on both the local and federal level to undertake projects that have been consistently deemed as high priorities. Secondly, the proposed development will provide utility and public water and sewer infrastructure to LMA's property line on the existing access road that will be available to service the future development needs of that corner of the airport. Finally, the Project will further strengthen the bond between the LMA and the adjoining communities of Lawrence and North Andover by providing an economic resource, raw industrial land that is in limited supply in both municipalities and the development of which is consistent with both communities planning initiatives. Site Description -An existing 20-foot wide paved airport access drive bisects the parcel. That portion of the property north of the existing airport access drive is characterized by steep grades sloping towards a well defined intermittent stream and bordering vegetated wetland. Upland areas are well vegetated with a relatively even-aged canopy consisting of deciduous tree species. North of the Project site is an active MBTA/Amtrak rail line and the Merrimack River. Clark Street, Holt Road and a landfill (which is in the process of being capped) are situated to the east. To the south are commercial and industrial buildings. To the west are active runways and hangars associated with the LMA. Site Development Alternatives On-site Alternatives -The Project has been minimized in order to accommodate the 41-acres set aside by the LAC. There are no additional on-site areas that are suitable for the proposed building program, parking program and stormwater management system associated with this allowed use. It is imperative that airport operations are not impaired by the Project. As such, the remaining 479 acres of airport property will not be impacted and will continue to operate as a regional airport facility. Additional on-site land areas at LMA are occupied by existing airport features (i.e. runways, hangars, ancillary structures) and/or would be so restricted -3- by FAA/MAC air space clearance requirements that industrial development would not be feasible without adversely impacting current airport operations. Off-site Alternatives - LMA is the only land area owned by the City of Lawrence in the Town of North Andover that is suitable for an industrial park. There are no additional off-site alternatives available to the proponent. The Project will provide much needed industrial tax income to the effected communities and important capital funding for FAA projects and operational programs at the airport. The proposed development corresponds to surrounding zoning designations and land use patterns along Rt. 125 and meets the needs of the adjoining communities. Incorporating industrial development at the Project site further compliments an already well defined industrial corridor. Wastewater Disposal Alternatives -Construction of the proposed 1.1 mile sewer line will result in approximately 17,575 sf of temporary bordering vegetated wetland alteration and 3,220 sf of temporary riverfront area alteration. Accordingly, a detailed alternatives analysis will be incorporated into the yet to be filed Notice of Intent application. For the purposes of this ENF, alternative routing scenarios have been summarized as follows: Alternative A—On-Site Septic Systems: A shallow depth to groundwater(within 30-inches of the surface), topographic constraints and setback distances from delineated wetland resource areas makes the use of septic systems impracticable and inappropriate for the Project. Alternative B—Rt. 125: This alternative would require the construction of approximately 2.1 miles (10,800 linear feet)of sewer line and multiple pump stations down the shoulder of Holt Road, Rt. 125 and Sutton Street before terminating at an existing manhole on Sutton Street where flows are diverted to GLSD. Of this total, approximately 6,100 linear feet would occur within the defined limits of Rt. 125 (a state highway) making the construction costs associated with this design prohibitive to the Project. Alternative C—Clark Street Force Main: There is an existing force main at the Clark Street cul-de-sac just off the northern property line of the subject parcel. This line is utilized by Lucent Technologies and also discharges into the GLSD system. However, it does not have sufficient capacity for additional flows generated by the Project and is thus unavailable to the Proponent. In addition, because this is a publicly funded project, the North Andover Department of Public Works (DPW) has directed the Proponent to design a new sewer line in such a manner that it will allow surrounding industrial buildings to abandon their existing septic systems and tie into the proposed line when future conditions allow. Alternative D- Preferred Alternative: The preferred alternative is approximately 1.1 miles in length and is situated entirely within the defined limits of an existing, heavily disturbed utility easement parallel to the MBTA/Amtrak railroad tracks. This alternative is the shortest most direct route to GLSD and appropriately takes advantage of an existing utility easement. Wetland impacts are temporary in nature and will be avoided, minimized and mitigated to the best extent practicable. Mitigation Measures Stormwater Management Mitigation Measures -The proposed stormwater management system fully complies with the standards set forth under DEP's Stormwater Management Policy. There is no increase in post- development runoff rates and Best Management Practices (BMPs)will be deployed and incorporated into a long term operation and maintenance plan. Sedimentation/Erosion Control Measures- Siltation barriers will be installed between the boundaries of all wetland resource areas and proposed construction activities. These siltation barriers will demarcate the limit of work and provide assurance that construction equipment will not enter on-site wetlands. Existing Septic Systems—The preferred sewer route alternative will be designed in such a manner that it will allow adjacent industrial buildings to abandon their septic systems and tie into the proposed line when future conditions allow as required by the North Andover DPW. l i -4- LAND SECTION - all proponents must fill out this section I. Thresholds/Permits A. Does the project meet or exceed any review thresholds related to land {see 301 CMR 11.03(1) ® Yes _No; if yes, specify each threshold: Creation of ten or more acres of impervious surface (301 CMR 11.03(1)(b)(2)); II. Impacts and Permits A. Describe, in acres, the current and proposed character of the project site, as follows: Existing Change Total Footprint of buildings 0 7.27 7.27 Roadways, parking, and other paved areas .61 9.43 10.04 Other altered areas (grading, stormwater) 0 4.96 4.96 Undeveloped areas 40.39 21.66 18.73 B, Has any part of the project site been in active agricultural use in the last three years? Yes ® No; if yes, how many acres of land in agricultural use(with agricultural sails)will be converted to nonagricultural use? Source: Meeting with representatives of the Massachusetts Department of Food and Agriculture on April 24'h, 2001, C. Is any part of the project site currently or proposed to be in active forestry use? Yes ® No; if yes, please describe current and proposed forestry activities and indicate whether any part of the site is the subject of a DEM-approved forest management plan: D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97? Yes ® No; if yes, describe: E. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or watershed preservation restriction?_Yes ®No; if yes, does the project involve the release or modification of such restriction?_Yes ® No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental change in an existing urban redevelopment project under M.G.L.c.121A? Yes ® No; if yes, describe: G. Does the project require approval of a new urban renewal plan or a major modification of an existing urban renewal plan under M.G.L.e.121 B? Yes ® No; if yes, describe: H. Describe the project's stormwater impacts and, if applicable, measures that the project will take to comply with the standards found in DEP's Stormwater Management Policy: The proposed stormwater management system will comply with the standards set forth under DEP's Stormwater Management Policy. There is no increase in post-development runoff rates and existing water quality will not be degraded with the introduction of Best Management Practices(BMP's) and a well conceived long term operation and maintenance plan. 1. Is the project site currently being regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan? Yes No®; if yes, what is the Release Tracking Number(RTN)? J. If the project is site is within the Chicopee or Nashua watershed, is it within the Quabbin, Ware, or Wachusett subwatershed? Yes ® No; if yes, is the project site subject to regulation under the Watershed Protection Act? Yes No K. Describe the project's other impacts on land: i The proposed development corresponds to surrounding zoning designations and land use patterns along Route 125 and meets the needs of the adjoining communities. Incorporating industrial development at the Project site further compliments an already well defined industrial corridor. Ill.. Consistency A. identify the current municipal comprehensive land use plan and the open space plan and describe the consistency of the project and its impacts with that plan(s): The Town of North Andover Master Plan has yet to be completed and the Open Space and Recreation Plan is in the process of being revised and updated by the Town. The majority of development that has occurred over the past 90 years in North Andover has been residential. This, in turn, has resulted in a substantial influx of new residents while placing significant financial constraints on available town resources (i.e., school system, water supply, public safety). Residential development, unlike commercial/industrial type development, has not generated the necessary tax revenues that are required to offset these impacts. Furthermore, with the exception of privately leased airplane hangars, LMA is not subject to local taxation because it is owned and operated by another municipality. North Andover and Lawrence officials consider industrial development to be a desirable use of the Project site because it has the potential to generate significant tax revenue for each community and capital funding for long term operations at LMA without impacting current airport operations. B. Identify the current Regional Policy Plan of the applicable Regional Planning Agency and describe the consistency of the project and its impacts with that plan: The Merrimack Valley Planning Commission (MVPC) does not have a Regional Policy Plan at the time of this filing. C. Will the project require any approvals under the local zoning by-law or ordinance (i.e. text or map amendment, special permit, or variance)? Yes No M ; if yes, describe: D. Will the project require local site plan or project impact review? M Yes No; if yes, describe: Planning Board Special Permit RARE SPECIES SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat(see 301 CMR 11.03(2))? .Yes M No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to rare species or habitat? Yes M No There is an off-site location mapped as "Estimated Habitat of Rare Wetland Species"overlaying the Merrimack River in the vicinity of the proposed sewer line (see Section 2.0—Figure 4). Work associated with the proposed sewer line is limited to the disturbed utility easement parallel to the AMTRAK railroad right-of-way, east of the existing tracks and on the opposite side of the Merrimack River. Thus, impacts to rare species habitat are not expected. However, in accordance with the Massachusetts Wetland Protection Act, the proponent will forward a copy of the yet to be filed Notice of Intent application with the Natural Heritage and Endangered Species Program (NHESP) when it is completed. C. If you answered "No" to both questions A and B, proceed to the Wetlands, Waterways, and -6- I Tidelands Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Rare Species section below. IL impacts and Permits A. Does the project site fail within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? ®Yes No. If yes, 1. Which rare species are known to occur within the Priority or Estimated Habitat(contact: Environmental Review, Natural Heritage and Endangered Species Program, Route 135, Westborough, MA 01581, allowing 30 days for receipt of information): Bald eagle (per North Andover Conservation Department) 2. Have you surveyed the site for rare species? _Yes ®No; if yes, please include the results of your survey. 3. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an Order of Conditions for this project? _Yes ®No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? —Yes No B. Will the project"take" an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.131A(see also 321 CMR 10.04)? _Yes ®No; if yes, describe: C. Will the project alter"significant habitat"as designated by the Massachusetts Division of Fisheries and Wildlife in accordance with M.G.L. c.131A(see also 321 CMR 10.30)? , Yes ® No; if yes, describe: D. Describe the project's other impacts on rare species including indirect impacts (for example, stormwater runoff into a wetland known to contain rare species or lighting Impacts on rare moth habitat): Impacts to rare species habitat are not anticipated. However, in accordance with the Massachusetts Wetland Protection Act, the proponent will forward a copy of the yet to be filed Notice of Intent application with the NHESP when it is completed. WETLANDS, WATERWAYS, AND TIDELANDS SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to wetlands,waterways, and tidelands (see 301 CMR 11.03(3))? ® Yes _No; if yes, specify, in quantitative terms: B. Does the project require any state permits (or a local Order of Conditions) related to wetlands, waterways, or tidelands? ® Yes ^No; if yes, specify which permit: Local Order of Conditions and 401 Water Quality Certificate C. If you answered "No" to both questions A and B, proceed to the Water Supply Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Wetlands, Waterways, and Tidelands Section below. II. Wetlands Impacts and Permits A. Describe any wetland resource areas currently existing on the project site and indicate them on the site plan: Seven bordering vegetated wetlands (Series EA -EA4, A, EA5 and EA6) and a small portion of riverfront area associated with the Merrimack River exist on the subject property. An area of bordering land subject to flooding(elevation 32 NGVD) exists off site parallel to the Merrimack River, On February 9, 2001, the North Andover Conservation Commission issued a Determination of -7- Applicability(DOA) approving this wetland delineation (See Section 2.0—Figure 5 and Section 5.0-- Determination of Applicability). Off-site wetlands associated with the proposed sewer line route have been formally delineated and surveyed but not yet approved by the North Andover Conservation Commission, B. Estimate the extent and type of impact that the project will have on wetland resources, and indicate whether the impacts are temporary or permanent: All on-site development work is limited to the I00-foot buffer zone and there will be no temporary or permanent impacts to bordering vegetated wetlands and only minor,permittable impacts to riverfront area (approximately 50,907 sf for the stormweter management system components). Approximately 17,575 square feet of bordering vegetated wetlands(assuming a 15-foot wide limit-of-work corridor) and 3,220 square feet of riverfront area will be temporarily altered for work associated with the proposed off-site sewer line (a limited project under the Massachusetts Wetland Protection Act). Upon the completion of sewer line construction activities, all impacted wetlands will be restored to their pre-construction condition. Coastal Wetlands Area(in square feet)or Length in linear feet) Land Under the Ocean NIA Designated Port Areas Coastal Beaches Coastal Dunes Barrier Beaches Coastal Banks Rocky Intertidal Shores Salt Marshes Land Under Salt Ponds Land Containing Shellfish Fish Runs Land Subject to Coastal Storm Flowage Inland Wetlands Bank 0 Bordering Vegetated Wetlands 17,575 sf(temporary) Land under Water 0 Isolated Land Subject to Flooding 0 Bordering Land Subject to Flooding 0 Riverfront Area 50,907sf(permanent) 3,220 sf(temporary) C. Is any part of the project 1. a limited project? ® Yes (sewer line) _No 2, the construction or alteration of a dam? _Yes ® No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? _Yes ® No 4. dredging or disposal of dredged material? _Yes ® No; if yes, describe the volume of dredged material and the proposed disposal site: 5, a discharge to Outstanding Resource Waters? Yes ® No 6. subject to a wetlands restriction order? _Yes ® No; if yes, identify the area (in square feet): D. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act (M.G.L, c.131A)? ® Yes _No; if yes, has a Notice of Intent been filed or a local Order of Conditions issued? _Yes ® No; if yes, list the date and DEP file number: Was the Order of Conditions appealed? Yes No. Will the project require a variance from the Wetlands regulations?_Yes ® No. E. Will the project: 1. be subject to a local wetlands ordinance or bylaw? ® Yes _No -8- 2. alter any federally-protected wetlands not regulated under state or local law? Yes ® No; if yes, what is the area (in s.f.)? F. Describe the project's other impacts on wetlands (including new shading of wetland areas or removal of tree canopy from forested wetlands): With the exception of temporary wetland impacts associated with sewer line construction, there will be no additional impacts to bordering vegetated wetlands as all on-site development work is limited to the 100-buffer zone, all local bylaw building setbacks are adhered to and the project will comply with DEP's 5tormwater Management Policy. III. Waterways and Tidelands Impacts and Permits A. Is any part of the project site waterways or tidelands (including filled former tidelands)that are subject to the Waterways Act, M.G.L.c.91? _Yes ® No; if yes, is there a current Chapter 91 license or permit affecting the project site? _Yes ® No; if yes, list the date and number: B. Does the project require a new or modified license under M.G.L.c.91? Yes ® No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water dependent use? Current _ Change _ Total _ C. Is any part of the project 1. a roadway, bridge, or utility line to or on a barrier beach? Yes ® No; if yes, describe: 2. dredging or disposal of dredged material? _Yes MNo; if yes, volume of dredged material 3, a solid fill, pile-supported, or bottom-anchored structure In flowed tidelands or other waterways? _Yes ®No; if yes, what is the base area? 4. within a Designated Port Area? _Yes ®No D. Describe the project's other impacts on waterways and tidelands: N/A IV. Consistency: A. Is the project located within the Coastal Zone? _Yes ®No; if yes, describe the project's consistency with policies of the Office of Coastal Zone Management: B. Is the project located within an area subject to a Municipal Harbor Plan? _Yes ®No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: WATER SUPPLY SECTION 1. Thresholds/ Permits A. Will the project meet or exceed any review thresholds related to water supply(see 301 CMR 11.03(4))? , Yes ® No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to water supply? Yes ® No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Wastewater Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Water Supply Section below, _9_ II. Impacts and Permits A. Describe, in gallons/day, the volume and source of water use for existing and proposed activities at the project site: Exlstinq Charms Total Withdrawal from groundwater Withdrawal from surface water Interbasin transfer Municipal or regional water supply B. if the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project? Yes No C. If the project involves a new or expanded withdrawal from a groundwater or surface water source, 1. have you submitted a permit application? _Yes No; if yes, attach the application 2. have you conducted a pump test? _Yes No; if yes, attach the pump test report D, What is the currently permitted withdrawal at the proposed water supply source (in gallons/day)? Will the project require an increase in that withdrawal?_Yes _No E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? Yes _No. If yes, describe existing and proposed water supply facilities at the project site: Existing Change Total Water supply well(s) (capacity, in gpd) Drinking water treatment plant (capacity, in gpd) Water mains (length, in miles) F. If the project involves any interbasin transfer of water, which basins are involved,what is the direction of the transfer, and is the interbasin transfer existing or proposed? G. Does the project involve 1. new water service by a state agency to a municipality or water district? Yes _No 2, a Watershed Protection Act variance? _Yes _No; if yes, how many acres of alteration? 3, a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes _No H. Describe the project's other impacts (including indirect impacts)on water resources, quality, facilities and services: III. Consistency-- Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality, facilities and services: WASTEWATER SECTION I. Thresholds 1 Permits A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR 11.03(5))? ® Yes No; if yes, specify, in quantitative terms: Approximately 5,600 linear feet of new sewer line is proposed. Of this total, approximately 3,400 feet (64 miles) is new farce main which will be located outside of existing roadway right-of-ways) but within an existing utility easement parallel to the MBTA/Amtrak rail line. The remaining 2,200 feet (42 miles)pertains to a new gravity line proposed within the existing Clark Street right-of--way. 10- B. Does the project require any state permits related to wastewater? Yes _ No; if yes, specify which permit: Minor Sewer Extension Permit/Sewer Connection Permit(BRP WP14). C. If you answered "No"to both questions A and B, proceed to the Transportation --Traffic Generation Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Wastewater Section below. i!. impacts and Permits A. Describe, in gallons/day, the volume and disposal of wastewater generation for existing and proposed activities at the project site (calculate according to 310 CMR 15.00): Existing Change Total Discharge to groundwater(Title 5) 0 0 0 Discharge to groundwater(non-Title 5) 0 0 0 Discharge to outstanding resource water NIA NIA NIA Discharge to surface water NIA NIA NIA Municipal or regional wastewater facility 0 23,730 23,730 TOTAL 0 23,730 23,730 B. Is there sufficient capacity in the existing collection system to accommodate the project? ®Yes _No; if no, describe where capacity will be found: C. Is there sufficient existing capacity at the proposed wastewater disposal facility? ®Yes_No; if no, describe how capacity will be increased: D, Does the project site currently contain a wastewater treatment facility, sewer main, or other wastewater disposal facility, or will the project involve construction of a new facility?_Yes ® No. If yes, describe as follows: Existing Change Total Wastewater treatment plant(capacity, in gpd) Sewer mains (length, in miles) Title 5 systems (capacity, in gpd) E. If the project involves any interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? N/A F. Does the project involve new sewer service by an Agency of the Commonwealth to a municipality or sewer district? Yes ® No G. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, or other sewage residual materials? _Yes ® No; if yes, what is the capacity(in tons per day): Existing Change Total Storage Treatment, processing Combustion Disposal - 11 - H. Describe the project's other impacts (including indirect impacts)on wastewater generation and treatment facilities: The project will have a negligible impact on wastewater generation and treatment facilities. Ill. Consistency-- Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to wastewater management: The project will have a negligible impact on wastewater generation and treatment facilities and will comply with all local, state and federal permitting requirements. A. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? Yes ® No; if yes, indicate the EOEA number for the plan and describe the relationship of the project to the plan. TRANSPORTATION --TRAFFIC GENERATION SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? ®Yes _No; if yes, specify, in quantitative terms: Greater than 1,000 or more new ADT(approximately 2,172 new ADT anticipated). B. Does the project require any state permits related to state-controlled roadways?_Yes ® No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Traffic Generation Section below. II. Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Exi_ sting Change Total Number of parking spaces 0 766 766 Number of vehicle trips per day 0 +2 172_ 2,172 ITE Land Use Code(s): 130, Industrial Park B. What is the estimated average daily traffic on roadways serving the site? Roadway Existinq Change Total 1. Osgood Street, north of Holt Road 20,025 +1.034 21,329 2. Osgood Street, south of Holt Road 20,025 +868 20.893 3. C. Describe how the project will affect transit, pedestrian and bicycle transportation facilities and services: The proposed project is not anticipated to result in a negative impact on transit, pedestrian, and bicycle transportation facilities and services available in the vicinity of the project site. The project has been designed to encourage the use of alternative modes of travel to single occupant vehicles (SOVs) by incorporating bicycle racks/storage lockers into the project, as well as commitments to join the local Transportation Management Association (TMA) and working with the Merrimack Valley Regional Transit Authority (MVRTA) to establish bus service to the project site. Further, the project proponent has committed to working with the - 12- 6 Town of North Andover to develop a truck routing plan with the goal of ensuring that project- related truck traffic does not travel through residential areas. The project proponent has prepared a detailed Traffic Impact and Access Study (TIAS) for the proposed project which is included as a part of this EENF (see Section 6,0) and provides a comprehensive discussion of project impacts on transit pedestrian and bicycle transportation facilities and services. Ill. Consistency-- Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: The project proponent is committed to reducing single occupant vehicle (SOV) travel to the project site through the use of Transportation Demand Management (TDM) strategies and providing on-site amenities in order to encourage the use of public transportation and pedestrian and bicycle travel to the site. A detailed discussion of the proposed TDM strategies and pedestrian and bicycle facilities is presented in the Traffic Impact and Access Study prepared for the project which is included as a part of this EENF(see Section 6.0-- Traffic Analysis). ROADWAYS AND OTHER TRANSPORTATION FACILITIES SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? —Yes ® No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to roadways or other transportation facilities? —Yes M No; if yes, specify which permit:. C. If you answered "No" to both questions A and B, proceed to the Energy Section. If you answered"Yes" to either question A or question B, fill out the remainder of the Roadways Section below. II. Transportation Facility Impacts A, Describe existing and proposed transportation facilities at the project site: Existing Change Total Length (in linear feet) of new or widened roadway Width (in feet)of new or widened roadway Other transportation facilities: B. Will the project involve any 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees (number)? 3. Elimination of stone wall (in linear feet)? Ill. Consistency--Describe the projects consistency with other federal, state, regionai, and local plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP), the State Bicycle Plan, and the State Pedestrian Plan: - 13- AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality (see 301 CMR 11.03(8))? ____Yes ® No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to air quality? Yes ®No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes" to either question A or question B, fill out the remainder of the Air Quality Section below. II. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00,Appendix A)?_Yes _No; if yes, describe existing and proposed emissions (in tons per day)of: Existing Change Total Particulate matter Carbon monoxide Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide B. Describe the project's other impacts on air resources and air quality, including noise impacts: #II. Consistency A. Describe the project's consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: SOLID AND HAZARDOUS WASTE SECTION I. Thresholds 1 Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see 301 CMR 11.03(9))? _Yes ®N% if yes, specify, in quantitative terms: C. Does the project require any state permits related to solid and hazardous waste? _Yes ® No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Solid and Hazardous Waste Section below. - 14- II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of solid waste? Yes No; if yes, what is the volume (in tons per day) of the capacity: Existing Change Total Storage Treatment, processing Combustion Disposal B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste?_Yes _No; if yes,what is the volume(in tons or gallons per day) of the capacity: Existing Change Total Storage Recycling Treatment Disposal C. if the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? Yes No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III, Consistency--Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds I Impacts A. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? Yes ® No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? —Yes No; if yes, please describe: Source: File research at MHC on April 3d , 2001. B. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes ® No; if yes, does the project involve the destruction of all or any part of such archaeological site? _Yes No; if yes, please describe: Source: File research at MHC on April 301h, 2001, C. If you answered "No"to all parts of both questions A and B, proceed to the Attachments and Certifications Sections. If you answered "Yes"to any part of either question A or question B, fill out the remainder of the Historical and Archaeological Resources Section below. - 15- D. Have you consulted with the Massachusetts Historical Commission? Yes _No; if yes, attach correspondence E. Describe and assess the project's other impacts, direct and indirect, on listed or inventoried historical and archaeological resources: ll. Consistency-- Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: ATTACHMENTS: 1. Plan, at an appropriate scale, of existing conditions of the project site and its immediate context, showing all known structures, roadways and parking lots, rail rights-of-way,wetlands and water bodies,wooded areas,farmland, steep slopes, public open spaces, and major utilities. See Section 2.0—Figure C1.1 and Figure 5. 2. Plan of proposed conditions upon completion of project(if construction of the project is proposed to be phased, there should be a site plan showing conditions upon the completion of each phase), See Section 2.0—Figure C2.1. 3. Original U.S.G.S. map or good quality color copy(8-%2 x 11 inches or larger) indicating the project location and boundaries. See Section 2.0—Figure 1. 4 List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). See Section 3.0-- Circulation List 5. Other: See Section 4.0--Public Notice Facsimile, Section 5.0 Determination of Applicability and Section 6.0-- Traffic Analysis. i lG- r CERTIFICATIONS: 1. The Public Notice of Environmental Review has been/will be published in the following newspapers in accordance with 301 CMR 11.15(1): (Name) The Lawrence Eagle Tribune Date) ;June 20th, 2001 2. Thi as en circulated to Agencies and Persons in a or � wiith 1 CMR 11.16(2). f � I Date Signature pf 46Aponsible Officer Date Signature o son preparing or Propon ENF (if ff r nt from above) Mayor Patricia Dowling Mlchael D._Howard, Senior Scientist Name (print or type) Name (print or type) Chairman Lawrence Enterprise Commission Epsilon Associates, Inc. Firm/Agency Firm/Agency 225 Essex Street 150 Main Street P.O. Box 700 Street Street Lawrence MA 01840 Maynard, MA 01845 Municipality/State/Zip Municipality/State/Zip (9781794„-5891 978 450-7147 Phone Phone t Section 3.0 Circulation List IE 1 I 1 DISTRIBUTION LIST: LAWRENCE AIRPORT INDUSTRIAL PARK, NORTH ANDOVER, MA. AGENCY AND OTHER REVIEWERS: Secretary of Environmental Affairs ATTN: MEPA Office 251 Causeway Street —Suite 900 Boston, MA 02114 i Executive Office of Environmental Affairs ATTN: Land Policy Director 251 Causeway Street-- Suite 900 Boston, MA 02114 Department of Environmental Protection ATTN: David Murphy, Commissioner's Office One Winter Street Boston, MA 02108 DEP/Northeast Regional Office Bureau of Resource Protection - Wastewater ATTN: MEPA Coordinator 205-A Lowell Street Wilmington, MA 01887 DEP/Northeast Regional Office ATTN: MEPA Coordinator 205-A Lowell Street Wilmington, MA 01887 Massachusetts Highway Department ATTN: Public/Private Development Unit 10 Park Plaza Boston, MA 02116 Executive Office of Transportation and Construction (EOTC) ATTN: Environmental Reviewer 10 Park Plaza Room 3510 Boston, MA 02116 Massachusetts Highway Department— District#4 ATTN: MEPA Coordinator 519 Appleton Street Arlington, MA 02174 i I Massachusetts Aeronautics Commission ATTN: MEPA Coordinator 10 Park Plaza Room 6620 Boston, MA 02116-3966 Massachusetts Historical Commission The Massachusetts Archives Building ATTN: MEPA Coordinator 220 Morrissey Boulevard Boston, MA 02125 Massachusetts Bay Transit Authority ATTN: MEPA Coordinator 10 Park Plaza, 6'h Floor Boston, MA 02216-3966 Merrimack Valley Planning Commission ATTN: MEPA Coordinator 160 Main Street Haverhill, MA 01830-5000 MUNICIPALITIES Mr, Mark Rees-Town Manager Town Hall 120 Main Street North Andover, MA 01845 North Andover Board of Selectmen Town Hall 120 Main Street North Andover, MA 01845 Heidi Griffin, Town Planner Planning Department Town Offices 27 Charles Street North Andover, MA 01845 Brian LaGrasse, Conservation Administrator Conservation Commission Town Offices 27 Charles Street North Andover, MA 01845 s } Sandra Starr, Director of Health Board of Health Town Offices 27 Charles Street North Andover, MA 01845 Lawrence Enterprise Commission ATTN: Mayor Patricia Dowling Lawrence City Hall 200 Common Street Lawrence, MA 01840 Lawrence Airport Commission ATTN: Michael Miller, Interim Airport Manager 492 Sutton Street North Andover, MA 01845 OTHER PUBLIC AGENCIES Department of Food and Agriculture ATTN: MEPA Coordinator 142 Old Common Road (Safford House) Lancaster, MA 01523 Natural Heritage and Endangered Species Program Commonwealth of Massachusetts Route 135 Westborough, MA 01581 Department of Public Health (DPH) Director of Environmental Health 250 Washington Street Boston, MA 02115 Section 4.0 Public Notice Facsimile s FORM OF NOTICE (1) PUBLIC NOTICE OF ENVIRONMENTAL REVIEW PROJECT: Lawrence Airport industrial Park LOCATION: Lawrence Municipal Airport 492 Sutton Street North Andover MA 01845 PROPONENT: Lawrence Airport Enterprise Commission The undersigned is submitting an Expanded Environmental Notification Form ("EENF") to the Secretary of Environmental Affairs on or before June 15" 2001. This will initiate review of the above project pursuant to the Massachusetts Environmental Policy Act ("MEPA", M.G.L., c.30, secs. 61, 62-62H). Copies of the EENF may be obtained from: Michael D. Howard, Epsilon Associates, Inc., 150 Main Street Maynard., MA 01754-0700 (978) 450-7147. - Copies of the EENF are also being sent to the Board of Selectmen, Board of Health, Conservation Commission and Planning Board of the Town of North Andover where they may be inspected. The Secretary of Environmental Affairs will publish notice of the EENF in the Environmental Monitor on June 23`d, 2001, will receive public comments on the project for thirty (30) days, and will then decide, within ten (10) days, if an Environmental Impact Report (EIR) is needed. A site visit and consultation session on the project may also be scheduled. All persons wishing to comment on the project, or to be notified of a site visit or consultation session, should write to the Secretary of Environmental Affairs, 251 Causeway Street, Suite 900, Boston, Massachusetts 02114, ATTN: MEPA Office, referencing the above project. By Lawrence Airport Enterprise Commission (Proponent) _ Section 5.0 Determination of Applicability 3 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 A. General Information Important: From: When filling out forms an 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 City of Lawrence Enterprise Commission City of lawrence return key. Name game 225 Essex Street City Hall 200 Common St. Mailing Address Mailing Address Lawrence MA 01840 Lawrence MA 01840 CIIy/Town State zip Code Cityrrown State Zip Code nem 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:. Request for Determination of Applicability 2/9/01 Title Date Plan entitled "Existing Conditions Plan" Sheets EC1-EC6 2/2/01 Title Date Title Date 2. Date Request Filed: 2/9/01 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): Resource area confirmation under the Massachusetts Wetland Protection Act and the North Andover Wetland Protection Bylaw. No work was proposed in this request Project Location: 492 Sutton Street North Andover Street Address City/Town Map 75-78 1 Assessors Map/Plat Number Parcel/Lot Number wpalorm2.doc-rev.312101 Page 1 of 5 Massachusetts Department of Environmental p vtronmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M,G.L, c. 131, §40 y 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) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 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. Boardering vegetated wetlands -Wetland Series EA1 (flags 1-45); Wetland Series EA2 (flags 1-56): Wetland Series EA3 (flagsl-55); Wetland Series EA4 (flagsl-38; Wetland Series A(flags 1-23); Riverfront area and land subject to flooding denoted as elevation 33 NGVD (both associated w/Merrimac River). On site boardering intermittent stream is not subject to protection as riverfront area under the Act& Bylaw ❑ 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 after that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 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. ® 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Town of North Andover Name of MunIclpality Pursuant to the following municipal wetland ordinance or bylaw: North Andover Wetlands Protection Bylaws C.178 of the code of North Name Andover wpaform2.doc rev.3M01 Page 2 of 5 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.) Ix6. 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: Isolated vegetated wetland -Wetland Series EA5 (flags1l-14) &Weiland Series FA6 (flags 1-12) ,f ❑ 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, till, 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), ❑ 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. wpaform2.doc•rev,312101 Page 3 of 5 i I LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 1 31, §40 B. Determination (cont.) ❑ 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 applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality 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: b and delivery on ® by certified mail, return receipt requested on lh 3/1/01 Date pate 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 DEP Regi R0115ffice (see Appendix A) and the property owner(if different from the applicant). Signatures: i 3/7/01 Date wpaform2.doe ray.312/01 Page 4 of 5 J Section 6.0 Traffic Analysis } The traffic analysis (Section 6.0) is attached as a separate document.