HomeMy WebLinkAboutMiscellaneous - 100 DALE STREET (2) i
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CONSERVATION DEPARTMENT
Community Development Division
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NEGATIVE DETERMINATION OF APPLICABILITY r
SPECIAL CONDITIONS
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Dale Street Water Main Installation, North Andover
At the November 14, 2012 public hearing the North Andover Conservation Commission (NACC) voted
to issue a Negative Determination of Applicability filed to install approximately 1,100 linear feet of new
12-inch ductile iron water pipe and associated appurtenances within the Buffer Zone to Bordering
Vegetated Wetland on Dale Street in North Andover.All work will be done within the paved roadway.
Work shall comply with the following:
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Applicant: North Andover Division of Public Works x
Bruce Thibodeau,P.E.,Director of North Andover Division of Public ';
Works
384 Osgood Street
North Andover,MA 01845
Representative: Weston& Sampson Engineers, Inc.
Bruce W. Adams,P.E.
5 Centennial Drive
Peabody,MA 01960
Record Documents: Request for Determination of Applicability,received November 2, 2012
Prepared by Weston& Sampson Engineers,Inc.
Record Plan: Dale Street Water Main
Figure 1 —Wetland Delineation
Figure 2—Erosion Control Plan
Prepared by Weston&Sampson Engineers, Inc.
Dated: October 2012
Construction Conditions for Water Main Improvements:
❖ All work will be conducted in accordance with the above referenced documents and plans.
❖ Prior to the commencement of work, erosion controls will be installed as shown on the herein
referenced site plans.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index
❖ The Conservation Department will be contacted prior to the start of work and may,at any phase,
inspect the installed erosion controls.
• Excess materials and construction debris shall be properly disposed of off-site and no stockpiled
material shall be stored overnight within the 100-foot Buffer Zone.
❖ All catch basins shall be protected with silt sacks during construction.
• Dewatering,if necessary, shall be conducted according to the herein referenced documents and plans.
Post Construction Conditions for Water Main Improvements:
• Immediately following completion of the work and prior to the removal of erosion controls, any
disturbed areas will be permanently stabilized against erosion by looming and seeding and other
approved methods.
+ Upon stabilization the Conservation Department will conduct a final inspection to confirm the
restoration of prior site conditions and the removal of all erosion controls.
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://urww.townofnorthandover.com/Pages/NlndoverM.A Conservation/index
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:
When filling out From:
forms on the North Andover
Computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Bruce D. Thibodeau, P. E. Director Town of North Town of North Andover
return key. Andover Division of Public Works Name
384 Osgood Street 120 Main Street t'
_V Mailing Address Mailing Address
North Andover MA 01845 North Andover MA 01845
,:=X: City/Town State Zip Code City/Town State Zip Code €!
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1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Figure 1-Aerial Photo Wetland Delineation Plan October 2012
Title Date
Figure 2-Aerial Photo Erosion Control Plan October 2012
Title Date
Title Date
2. Date Request Filed:
11/2/12
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):
Installation of a new water main line within existing paved right of way within the Buffer Zone to
Bordering Vegetated Wetland.
Project Location:
Dale Street(Village Way to South Bradford Street) North Andover
Street Address City/Town
Map 104C Street right of way
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 1 of 5
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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 t or Abbreviated
ANRAD)has been Order of
Resource Area Delineation (issued following submittal Simplified
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 are confirmed in this the referenced aan(s)are
confirmed as accurate.Therefore,the resource are a sou
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. termination
LI 2b. The boundaries of resource areas listeds attached hed toithDeDete urination or
regardless of whether such boundaries are contained on the plan
to the Request for Determination. thin
❑ 3. The work described on referenced plan(s) and red ocumalter thlat area Therefore seid work
protection under the Act and will remove, fill, d g , or
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s)Therefore, sais work requires Buffer the f rig of will
alter an Area subject to protection under the Act.
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 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:
Ordinance or Bylaw Citation
Name
Page 2 of 5
wpaform2.doc•Determination of Applicability•rev.10/6/04
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LiMassachusetts 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:
❑ 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).
See attached conditions
❑ 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•Determination of Applicability•rev.10/6/04 Page 3 of 5
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, Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
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WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Determination (cont.)
❑
5. The area described in the Request is subject to protection under he Act. Since ihn work and
described therein meets the requirements for the following exemption,
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatorylregulatory provisions)
Eil 6. The area and/or work described in the Request is not subject to review and approval by:
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Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw. Chapter 178
North Andover Wetlands Protection B law Ordinance or Bylaw Citation
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on CI by certified mail, return receipt requested on
o.:1144.66 PiA;L /l /su /a
Date
Date
Vegetation Determination is valid for three years from the date of issuance e ex n pt Determinations Determination not
Vegetation Management Plans which are valid for the duration of
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 Regional Office (see htte://www.mass.sovidedabout/r-4 ion.find our.htm and the
property owner(if different from the applicant).
Signatures: / A 1
/0-0)-1/1 O
c_, Mr ,
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Date
Page 4 of 5
wpaform2.doc•Determination of Applicability•rev.10/6/04
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Massachusetts Department of Environmental Protection
LBureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A
D. Appeals
applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon app g
upon which the proposed work is to be done, or request the appropriate Department of Environmental
land is
located, are hereby notified of their right to q
Protection Regional Office (see htt•://www.mass.•°v idea/about/r-4ion.find our.htm to issue a
Superseding Determination of Applicability. The request must bem by certified d mail or hand delivery
to the Department,with the appropriate filing fee and Fee Transmittal
Departmental Action Fee Transmittal Form) as provided in
thM 10.03(7)
h 3(7)within ten
e business
me be sent by
from the date of issuance of this Determination. A copy request the
certified mail or hand delivery to the Conservation Commission and to the applicant plicant if h//she i cn not
is being
appellant. The request shall state clearly and concisely the objections
appealed. To the extent that the Determination is based
Department of Environmental Protection on
Massachusetts Wetlands Protection Act or regulations,
no appellate jurisdiction.
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Page 5 of 5
wpaform2 doc•Determination of Applicability•rev.10/6/04
Li Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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A. Request Information
Important: ,
1. Person or party making request(if appropriate, name the citizen group's representative):
When filling out ,
forms on the t`
Computer, use Name
only the tab ``
key to move Mailing Address
your cursor-
do not use the Zip Code
return key. City/Town
_V� Phone Number Fax Number(if applicable)
FMProject Location
Mailing Address
State Zip Code
City/Town
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
State Zip Code
City/Town
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
Page 1 of 2
wpaform2 doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is i,::
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
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3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see
http://www.mass.govklep/abouttregion/findyour.htm).
4. 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.
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2