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Jackson St Bike Link RDA Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Northampton Wetlands Ordinance  Northampton City   A. General Information  Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.  1. Applicant:   Northampton Office of Planning and Development Name gmcpherson@northamptonplanning.org E-Mail Address   City Hall, 210 Main Street Mailing Address   Northampton City/Town MA State 01060 Zip Code   (413) 587-1263 Phone Number (413) 587-1264 Fax Number (if applicable)   2. Representative (if any):         Firm         Contact Name       E-Mail Address         Mailing Address         City/Town       State       Zip Code         Phone Number       Fax Number (if applicable)   B. Determinations   1. I request the Northampton Conservation Commission  make the following determination(s). Check any that apply:    a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act.  b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated.  c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.  d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of the Northampton wetlands ordinance: Name of Municipality                e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s).                     Note: The Northampton Conservation Commission requires the Northampton Wetland Permitting Submittal Requirements checklist and a total of nine (9) collated copies of the completed Request for Determination application, including supporting plans and documents, together with the $85 Northampton filing fee (includes an advertising fee).   C. Project Description   1. a. Project Location (use maps and plans to identify the location of the area subject to this request):   Jackson Street Street Address Northampton City/Town   24A Assessors Map Number (REQUIRED) 237 and 55 Parcel/Lot Number (REQUIRED)    b. Area Description (use additional paper, if necessary):   Topography and Vegetation: The proposed work area slopes steeply from Jackson Street. This area is vegetated with grass that is regularly mown by the property owner. The rest of the work area is a moderately sloping wooded buffer between the bike path and a farmed field. There are a variety of hardwoods, and the understory consists mainly of multiflora rose. Wetland Resources: As with all former railroad beds, there is a drainage ditch, approximately 2 feet wide and 1 foot deep, adjacent to the bike path. The half closest to the bridge abutment does not contain any wetland indicator plants; however, as you move further from the bridge abutment and toward the place where the bike link crosses the ditch, it starts to contain jewelweed, a FACW species. There is a Bordering Vegetated Wetland that is located 60 feet to the east of the edge of the proposed bike link.      c. Plan and/or Map Reference(s):   “Construction Plan, Jackson Street Bikeway Access Ramp, Finished Ground Plan,” revised to include the 50’ and 100’ wetland buffers and proposed silt fence Title  7/30/2004 Date   Title Date         Title       Date   2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):   This is a small project to make an accessible link, paved with asphalt, from the existing paved bike path to Jackson Street in the vicinity of Jackson Street School. There will be some removal of vegetation, understory shrubs and a few small trees, directly within the proposed path. Work will take place no closer than 60 feet from a Bordering Vegetated Wetland. Entrenched silt fence will be installed along the bike path and on the eastern edge of the project area.         C. Project Description (cont.)   b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary).                        3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project.  Single family house on a lot recorded on or before 8/1/96  Single family house on a lot recorded after 8/1/96  Expansion of an existing structure on a lot recorded after 8/1/96  Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96  New agriculture or aquaculture project  Public project where funds were appropriated prior to 8/7/96  Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision  Residential subdivision; institutional, industrial, or commercial project  Municipal project  District, county, state, or federal government project  Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.)                                                              D. Signatures and Submittal Requirements   I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the DEP Western Region Office, were sent a complete copy of this Request (including all supporting plans and documents) simultaneously with the submittal of this Request to the Conservation Commission. Department of Environmental Protection 436 Dwight Street Suite 402 Springfield, MA 01103 Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability.               Name and address of the property owner:   MassElectric (Map 24A-237) Daniel and Tracey Polachek (Map 24A-55) Name   548 Haydenville Road 95 Jackson Street Mailing Address   Northampton Northampton, MA City/Town   MA 01053 State 01060 Zip Code    Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations, and I have included the $35 advertising fee (separate check made payable to the Daily Hampshire Gazette).          Signature of Applicant       Date        Signature of Representative (if any)       Date    Affidavit of Service Under the Northampton Wetlands Protection Ordinance when filing a Request for Determination of Applicability the following action is required: I, ________________________________________, hereby certify under the pains and penalties (name of person making the Affidavit) of perjury, that on/by October 21, 2004, I posted a sign on the property (facing the public-right-of-way) at least 5 days prior to the public hearing stating that a Request for Determination is pending with the Northampton Conservation Commission and indicating where additional information can be obtained.