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CONSERVATION DEPARTMENT
Community Development Division
NEGATIVE DETERMINATION OF APPLICABILITY
SPECIAL CONDITIONS
NSNEMBA 2009 Project, Harold Parker State Forest,North Andover
At the January 13,2010 public hearing,the North Andover Conservation Commission (NACC)
voted to issue a Negative Determination of Applicability for the construction of three (3)bog
bridges across wet sections of an existing trail to access a proposed new trail.The bridges are
proposed within Bordering Vegetated Wetland (BV W).All materials will be carried in and installed
by hand.The project also includes the construction of approximately 2,3001.f. of new trail with
minimal disturbance to vegetation and soils (nothing over 4"in diameter to be cut).The trail will
cross one narrow intermittent stream. The crossing will require minimal rock armoring. Portions of
the trail are within the 100-foot buffer zone to BV W. Signage directing rail users will also be
installed.This application is to specifically permit a new trail within Harold Parker State Forest and
does not permit the prior construction or use of other trails within the forest system The approved
new trail is designated by a dashed yellow line on the proposed plan referenced below.
Applicant North Shore New England Mountain Bike Association (NSNEMBA)
3 Boston Road
Newbury,MA 01951
Property Owner: The Commonwealth of Massachusetts
Harold Parker State Forest
C/O Steve David,Supervisor
1951 Turnpike Street,Route 114
North Andover,MA 01845
Record Documents: Request for Determination of Applicability
Prepared by:Dan Streeter,NSNEMBA (Trails Project Coordinator)
Dated:December 2,2009
Site plans entided,"NSNE2viBA 2009 Project"2 pages
Prepared by: NSNEMBA
Dated: December 2, 2009
Other Record Documents: Typical Boardwalk Section Diagrams
Dated:December 2,2009
Prepared by: NSNEMBA
1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://w .tomnofnorthm dovu-co /Pages/NAndoverMA_Conserwoon/index
Prior to Construction
:• The applicant shall inform the Conservation Department a minimum of 48 hours prior to the
start of work.
During Construction
All work shall be conducted using hand tools and equipment.
S Access to Harold Parker for proposed construction shall be from Middleton Road. Materials
shall be carried into construction locations by hand.
•:• Proper construction practices shall be utilized and the boardwalks constructed as shown in the
referenced boardwalk details.
Limited cutting of vegetation is permitted with nothing over 4"in diameter to be removed.All
cut vegetation shall be left in place or dispersed off the proposed trail outside of resource areas.
Signage shall be installed dearly marking the new trail and directing trail users away from private
property.Signage marking the edge of Harold Parker State Forest shall also be installed.Trail
markers shall be installed with the approval of the Conservation Department
Post Construction
:• Once the site is adequately stabilized,the Conservation Department shall be contacted to
conduct a final site inspection.
1600 Osgood Street,Building 20,Suite 2-36,North.lndov ,Massachusers 01845
Phone 978.688.9530 Fax 978.688.9542
Web:http://�.tow ofnofthmdo nco /Pages/NIndovuhL�_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 New England Mountain Bike Association Commonwealth
return key. Name Name
3 Boston Road 1951 Turnpike Street Rte. 114
r Mailing Address Mailing Address
Newbury MA 01951 North Andover MA 01845
CM1yrrovm state Zip Code cityrrovm state Zip Code
�a 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
NSNEMBA 2009 Project 12/2/09
rale Date
Title Date
Title Data
2. Date Request Filed:
1214109
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):
Construction of a loop trail within Harold Parker State Forest. The proposed trail is within the Buffer
Zone to Bordering Vegetated Wetland (BVW)and includies a crossing of an intermittent stream with the
use of rock armoring. The proposal also includes the installation of three(3)bog bridges(12', 20'and 16')
on an existing trail used to access the new trail.The bridges will be constructed in seasonally wet BVW
areas Signage will be installed to keep users on the existing trail system.
Project Location:
Middleton Street North Andover
street Address Cityfrmn
Map 109 Parcels 33, 25 26
Assessors MeplPlet Number ParcaVLot Number
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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) islare 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 fling 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 documents) 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 fling 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:
Neme of Muniripalily -
Pursuant to the following municipal wetland ordinance or bylaw:
Name ordinance or Bylaw Citation
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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.)
❑ 6. The following area andlor 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 fled 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 fling 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 fling 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 fling of a Notice of Intent,
unless and until said work afters an Area subject to protection under the Act.
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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.)
❑ 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 Adwity(site applicable slatualory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name d Munidpaldy
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 deliveredd as follows:
❑ by hand delivery on E by certified mail, return receipt requested on
d9�o
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 Regional Office(see hgp://www-mass.gov/deo/about/region.findvour.htm) and the
property owner(if different from the applicant).
Signatures:
Date
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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
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/dep/about/reciion.findvour.htm)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.
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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
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 Neme
only the tab
key to move
your cursor- Malting Address
do not use the
return
key.VILA Crtyrro state Zip Code
dl-
�V Phone Number Fax Number(if applicable)
Project Location
aw
Mailing Address
Ckyrrmn 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
Melling Address
City/rown 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)
❑ 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
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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
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
htty//www mass.gov/dep/about/region/findvour.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.
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