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Home My WebLink AboutMiscellaneous - 407 BEAR HILL ROAD 0 Massa4iasetts DepaHweat of EaviroeraW Prateutiae Provided by MassDEP: Bureau of Resource Protection-WWmds MassDEP File#:742-1619 WPA For®4B -Order of Qe"urw Area Ddkealiom °DEP Tmosacfion#:652386 Massachusetts Wetlands Protection Act M.G.L.c. 131 S40 CAyfFown:NORTH ANDOVER A.Gealwal Idorsation 1.Cooservation Commission NORTH ANDOVER 2.This Issuance is for(Check one): a. F Order of Resource Area Delineation b. r- Amended OrderofResource Area Delineation 3.Applicam Details a First Name CHRISTOPHER b.Last Name KIERCE Q Organization 407 BEAR HILL ROAD RT d Mailing Address 407 BEAR HILL ROAD e.City/Fown 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/fown NORTH ANDOVER C.Zip 01845 d.Assessors MapPlat# 64 e.Parcel Lot# 115 f.Lautde 42.6809N gLargimde 71.08788W 6.Dates e.Date ANRAD Filed 4/32014 b.Date Public Hearing Closed 5/142014 c.Date Oflssuwnce 5/162014 7.Find Approved Plans and Other Documents Plan Tide Plant Prepared By Plan Sipe!By Nan Neral Date Plan Scale ANRAD PLAN 407 BEAR HILL ROAD MICHAEL O'NF,ILL,P.E.MICHAEL G.OWEILL,PE.05-13-2014 1' 30' B.Order of ElAieeatiom 1.The Conservation Commissionhas determined the following(check whichever is applicable) a. F Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice ofResource Area Delineation are accurately,drown for the following resource area(s): 1. f+Bordering Vegetated Wetlands 2. F Other resource area(s),specifically &BANK OF INTERMITTENT STREAM b. r-Mod'ied: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 weals): 1. F-Bordering Vegetated Wetlands 2. r Otherresourcearea(s),specifically a. c. rloaccaraten The boundaries described on the referenced Finals)and in the Abbreviated Notice ofRecource Area Delineation were found be inaccurate and cannot be confirmed far the following resource area(s): Page 1 of 3•ELECTRONIC COPY LJMassachusetts Deparircat of Environmental Protection Provided by MMDEP: Bureau of Resource Protection-Wetlands MassDEP File#:242-1619 WPA Form 4B-Order of Ressnr Area Delineation eDEP Transaction#:652306 Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 City/Pown:NORTHANDOVER I. r-Bordering Vegetated Wetlands 2. f-Other resource weals),specifically a. 3.The boundaries were determined m be fi amuaze because: C.Fisigs This OrderofResource Area Delineation determines thatthe boundaries ofthose resourceareas noted above,have been delineated and approved by the Commission and arebinding as wall decisions rendered pursuant to the Massachusetts wetlands Protection Act (hLG.L.0131,S 40)and its regulations(310 CMR 10.00).This Order does not,however,determine the boundaries of my resource mea or Buffer Zone to any resource ares not specifically noted above,regardless of whether such boundaries are contained on the plans attached On this Order arm the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of the Conservation Commission The Order mustbe sent by certified mail fretum 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.massgov/dep/abo W region/fmdyo-..htm). D.Appeals The applicant the owner,any person aggrieved by this Order,any owner of land sharing 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 request the appropriate DEP Regional Office to issue a Superseding Order of Resource Arm Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Departments review is limited to the objections to the resource area delineation(s)stated in the appeal request The request raw 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 hour the data of issuance of this Order.A copy of the request shell at the same time be sent by certified mad or hand delivery to the Conservation Commission and in the applican,if he/she is not the appellant Any appellants seeking m appeal the Departments Superseding Order of Resource Area Delineation will he requited to demonstrate prior participation in the review of Ods project Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior the close of the public bearing requesting a Superseding Order or Determination,or providing carmen information to the Departnrnt prior in,issuance of Superseding Order or Determination.The request shall spite 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(3 10 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 Departnent of Environments] Protection has no appellatejmisdicfion. Page 2 of 3 *ELECTRONIC COPY MassacYesetfs Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MesDEP File#:242-1619 WPA Forel 4B-Order of Resonree Area Delineation eDEP Transaction#:652306 L I Massachusetts Wetlands Protection Act M.G.L.a 131 S4O Clty/fown:NORTH ANDOVER L I.Dete of Original Order 2.No.of Signatures required v This Oraer is valid for three years from the date efismance. If this Order constitutes an Amended Order of Resource Area Delineation,this Order does not extend the issuance date ofthe original Final Order,and the Amended Order will expire on the date of the Original Final Orderunless extended in writing by the Deparmxnt This Order's issued 10 the applicant and the property owner(if different)w follows: 3. r By hand delivery on 4. 1.4ycatitiedmail,rewmreceiptrequestedon a.Date a.Date 5"11,1 Page 3 of 3*ELECTRONIC COPY Order of 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 (BV W)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: BV W Flags WF AO-WF A15 Bank of Intermittent Stream(Centerline)WF AO-WF Al Other up-gradient channels me 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.ONeil,P.E.;