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HomeMy WebLinkAboutMiscellaneous - Rea StreetLIITMassachusetts Department of Environmental Protection ureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Project Description (if applicable): Replacing an existing natural gas distribution line within the roadway. Work will be performed within the Buffer Zone associated to Bordering Vegetated Wetland. Project Location: Rea Street North Andover Street Address N/A Assessors Map/Plat Number City/Town N/A Parcel/Lot Number wpaform2.doc - rev. 3/1/05 Page I of 5 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 Bay State Gas Company Town of North Andover return key. Name Name dr--� 55 Marston Street 120 Main Street Mailing Address Mailing Address Lawrence VIA, 01840 North Andover MA. 01845 City/Town State Zip Code Cityrrown State Zip Code 1 . Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Wetland Information Plan 11/9/05 Title Date Title Date Title Date 2. Date Request Filed: 11/4/05 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): Replacing an existing natural gas distribution line within the roadway. Work will be performed within the Buffer Zone associated to Bordering Vegetated Wetland. Project Location: Rea Street North Andover Street Address N/A Assessors Map/Plat Number City/Town N/A Parcel/Lot Number wpaform2.doc - rev. 3/1/05 Page I of 5 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 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). 17� 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. F-1 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. F] 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. F] 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. F] 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). F� 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.doe - rev. 3/1/05 Page 2 of 5 Massachusetts Department of Environmental Protection ureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) 171 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): 0 Alternatives limited to the lot on which the project is located. F� 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. 0 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. 17� 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. F1 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 condition F1 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. wpatorm2.doc - rev. 3/1/05 Page 3 of 5 Town of North Andover o Office of the Conservation Department Q Community Development and Services Division f LZ� 400 Osgood Street C U North Andover, Nlassachusetts 01845 Conservation Commission Telephone (978) 688-95130 Fax (9718) 688-9542 NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS Rea Street Gas Line Replacement Project Bay State Gas (Applicant) On November 16,2005 the North Andover Conservation Commission (NACC) voted unanimously to issue a Negative Determination of Applicability for a replacement gas line within the limits of Rae Street and within the buffer zone to a Bordering Vegetated Wetland (BVVV) associated with an intermittent stream (tributary to Mosquito Brook). Record Documents: Request for Determination of Applicability, dated November 2005. Site plan entitled, "Wetland Information, Figure 1", prepared by Shaw Environmental, Inc., dated 11-09-2005. Pre -Construction Conditions: Prior to the pre -construction meeting, the applicant shall install a row of staked hay bales backed by trenched siltation fence between all construction areas and wetlands, as shown on the record plans. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s) referenced in this Order of Conditions. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. Immediately following completion of the above, the applicant shall contact the Conservation Department to schedule an on-site pre -construction meeting. The applicant and contractor shall be present at this meeting to ensure that all of the conditions are understood. A reasonable period of time shall be provided as notice of the pre -construction meeting (e.g. 72 hours). Post Construction: Upon completion of the gas line installation, all disturbed areas shall be stabilized permanently against erosion. The Conservation Department shall be notified upon completion in order to conduct a final site inspection. BUILDINC68s-9�45 CONSI:RVA] ION (,88-0�.10 IWALF1108-0510 Pf,/\NNIN(J08X-9i35 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.) F] 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) F-1 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 Wetland Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: R by hand delivery on R/by certified mail, return receipt requested on Date Date f 1 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 Attachment) and the property owner (if different from the applicant). itures* Si9f, Date 11 1 hb / k 5 wpaform2.doc - rev. 3/1/05 Page 4 of 5 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 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 Attachment) 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 CIVIR 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. wpaforml doe - rev, 3/1/05 Page 5 of 5 DEP Southeast Region Massachusetts Department of Environmental Protection Dartmouth Freetown Mattapoiselt Bureau of Resource Protection - Wetlands Tisbury Acushnet Dennis DEP Regional Addresses Middleborough Raynham Truro 20 Riverside Drive Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Mail transmittal forms and DEP payments, payable to: Duxbury Halifax New Bedford Commonwealth of Massachusetts Wellfleet Phone: 508-946-2700 Barnstable Department of Environmental Protection Hanover North Attleborough Rockland Box 4062 Fax: 617-556-1049 Berkley East Bridgewater Boston, MA 02211 Norton Sandwich Westport DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham Agawam Conway Han,ock Montague Plainfield Wales 436 Dwight Street Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Phone: 413-784-1100 Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax: 413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelbume West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levereft Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield G real Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland Peabody DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge Ashbumham Clinton Hubbardston Millville Shirley Warren 627 Main Street Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Fax: 508-792-7621 Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bo Iton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoiselt Provincetown Tisbury Acushnet Dennis Gay Head Middleborough Raynham Truro 20 Riverside Drive Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 617-556-1049 Berkley East Bridgewater Hanson Norton Sandwich Westport Fax: 508-947-6557 Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth C arver Falmouth Marion Plainville Stoughton Weymouth Chatham Foxborough Marshfield Plymouth Swansea Wilmington Chilmark Franklin Mashpee Plympton Taunton Winchester DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield Andover Chelsea Holbrook Methuen Randolph Walpole 1 Winter Street Arlington Cohasset Huli Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD: 617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester -By -The -Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform2.doc - DEP Addresses - rev. 10/6/04 Page 1 of 1 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 A. Request Information Important: When filling out 1 Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move Mailing Address your cursor - do not use the return key. Cityfrown State Zip Code 40--h VIR�A Phone Number Fax Number (if applicable) Project Location Mailing Address CityfTown State Zip Code 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 Cityfrown State Zip Code 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) F-1 Superseding Determination of Applicability ($100) F-1 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 wpaform2.doc - Request for Departmental Action Fee Transmittal Form - rev. 10/6/04 Page 1 of 2 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 Attachment A). 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