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HomeMy WebLinkAboutMiscellaneous - Marbleridge Road►� `. .SII Cp . 'FA `a"�' V RAT.... A4,.4 CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Columbia Gas — Gas Main Replacement at Marbleridge Road, North Andover At the April 23, 2014 public hearing the North Andover Conservation Commission (NACC) voted to issue a Negative Determination of Applicability to install gas pipeline on Marbleridge Road within the Buffer Zone to Bordering Vegetated Wetland. Work shall comply with the following: Applicant: Columbia Gas of Massachusetts 995 Belmont Street Brockton, MA 02301 Representative: Merrill Corporation Joshua Bows, PE 427 Columbia Road Hannover, MA 02339 Record Documents: Request for Determination of Applicability, received April 9, 2014 Prepared by Joshua Bows, PE of Merrill Corporation Record Plans And Other Documents: Wetland Delineation Overlay Plan (3 Sheets) — Dated: March 2014 Photographs — Dated: 3/31/14 Straw Wattle Installation Guide — Received at 4/23/14 meeting Project Narrative — Received April 9, 2014 Wetland Delineation: Delineation Confirmation was not requested as part of this filing. The wetland was delineated by Environmental Consulting & Restoration, LLC on March 31, 2014 and was mapped onto an aerial photograph overlay using a Trimble GPS mapping instrument. This was acceptable to the NACC due to location of all work within existing roadway and/or edge of paved roadway. 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 Construction Conditions for Gas Main Replacement: •:' All work will be conducted in accordance with the above referenced documents and plans. All work within the buffer zone will be done using the Open Trench Method and will be backfilled/covered at the end of each day as described in the Record Documents and during the public hearing on April 23, 2014. ❖ Prior to the commencement of work, erosion controls will be installed as detailed in Record Documents referenced herein. Dewatering, if required shall be done through a filter bag. The Conservation Department will be contacted prior to the start of work to 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. Trenches shall be backfilled daily as described in the Project Narrative •:' All catch basins shall be protected with silt sacks during construction. Post Construction Conditions for Gas 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 loaming 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://www.townof iorthandover.com/Pages/NAndoverNIA_Conservation/index 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 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 your cursor - do not use the Columbia Gas of Massachusetts return key. Name 995 Belmont Street rea Mailing Address return Brockton City/Town KA4 r17Qn1 Property Owner (if different from applicant): Name Mailing Address State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Wetland Delineation Overlay Plan March 31, 2014 Title Date Title Title 2. Date Request Filed: April 9. 2014 B. Determination Date Date 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): Replacement of natural gas utility lines on Marbleridge Road from Salem Street to Abbott Street within the Buffer Zone to Borderinq Veqetated Wetland. Project Location: Marbleridae Road from Salem Street to Abbott St Street Address N/A Street Riaht of Wav Assessors Map/Plat Number North Andover City/Town N/A Street Right of Way Parcel/Lot Number wpaform2.doc • Determination of Applicability • rev. 08/13 Page 1 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.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 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. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc • Determination of Applicability • rev. 08/13 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.) ❑ 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 ❑ 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. 08/13 Page 3 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.) ❑ 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. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on [ by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see hftp://www.mass-gov/eea/agencies/massdep--/about/contas/find-the-mass a -re ional-office-for- our- city-or-town.html) and the property owner (if different fro he applicInt. ! Signatures: Date wpaform2.doe • Determination of Applicability • rev, 08/13 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands LI WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://www mass gov/eea/agencies/massdep/about/contacts/find-the- massdep-regional-office-for-your-city-or-town.html) 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. Page 5 of 5 wpaform2.doc • Determination of Applicability • rev. 08/13 M LL 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 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 based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 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.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office-for- yo u r -city -or -town . htm I) . 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. 08/13 Page 2 of 2