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01-999-Pan Am Determination of ApplicabilityMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands - -- - - WPA- Form- 2--- Deter_mination_of App.icability__ _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: -_ When filling -out From: forms on the Northampton computer, use Conservation Commission only the tab key to move To: Applicant your cursor - do not use the Pan Am Railways, Inc return key. Name 1700 Iron Horse Par ►� Mailing Address North Billerica City/Town MA State n -1ncz0 - Property Owner (if different from applicant): Name Mailing Address Zip Code City/Town 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Sensitive Area Marking Key May 2010, rev. May Title 2012 Title Title 2. Date Request Filed: Mav 11. 2012 State Zip Code Date Date 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): Confirmation of sensitive area boundaries pursuant to MDAR Pesticide Board Regulations 333 CMR 11.00. Determination is for wetland boundaries only and not for application of herbicides. I - - Project Location. Pan Am Rights of Way Northampton Street Address - _._ _ ___.__ _ __ ___ __._ _____ - ity own __._ NA Assessors Map /Plat Number Parcel /Lot Number I vvpaform2.doc • Determination of Applicability • rev. 10/6/04 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands -- - - -- - -- - IIVP-A Form- 2---- Determl . nation _of_AppiicabiiitY -- -- - - - - -- - - - -- - -- 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 __P-rotection_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 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. Sensitive areas shown in referenced plans are confirmed for the purposes of 333 CMR 11.00 ONLY, and are not to be utilized for any other purpose. ❑ 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 yaw Citation - _ --- -.._- -. Page 2 of 5 wpaform2.doc • Determination of Applicability • rev. 1016/04 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 and /or work, if any, is subject to a municipal ordinance or bylaw but not - - - - - - - - subject to the Massachusetts - Wetlands_ Protection - ct:_ ❑ 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). ❑ 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, I - unless and until said _ work an subject to- protection -under the -Act: - - -- - - - - - -- - - -- -- I wpaform2.doc • Determination of Applicability • rev. 1016 /04 Page :3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands - -- - - - WPA- Form -2 --- Determination- of-Appii,cabi i 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 - descfibed therein meets the 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. 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 14 K Date D e 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 http: / /www. mass. qov /dep /about /reaion.findyour.htm and the property owner (if different from the applicant). e wpaform2.doc • Determination of Applicability • rev. 1016104 Page 4 of 5 Permit Application Todav's Date- 05/11/2012 Owner Applicant Pan Am Railways, Inc. Pan Am Railways, Inc. 1700 Iron Horse Park 1700 Iron Horse Park North Billerica, Massachusetts 01862 North Billerica, Massachusetts 01862 413 -584 -0633 keithlmorris @comcast.net City of Northampton department: No Work Location Information How many lots involved in the project: 0 Map / Block / Lots of all lots in project: 01 / 000 / 000 Deed Book of all lots in project: 0 Project work address: 0 ACREBROOK DR City / State / Zip: Zoning District: 0 Application for following Permit Types ❑ Planning Bd. Special Permit w/ Site Plan ❑ Planning Bd. Special Permit w/ MAJOR Site Plan NO Special Permit ❑ Administrative Site Plan Review ❑ Planning Bd. Major Site Plan Approval (No Special Permit), including 40R projects ❑ Subdivision Preliminary ❑ Planning Bd. Special Permit w/ Site Plan for flag lots ❑ Planning Bd. Site Plan (NO Special Permit) ❑ Approval Not Required Plans ❑ Subdivision Definitive with Preliminary Approved ❑ Subdivision Definitive with no Preliminary Approved ❑ Zoning Board Special Permit ❑ Appeal of Building Commissioner - Zoning ❑ Variance ❑ Historic District Determination of Non - Applicability ❑ Historic District (Elm St) Determination of Appropriateness ❑ Subdivision Definitive Amendment ❑ Zoning Board Finding ❑ Comprehensive Permit (40B) ❑ Demolition (Demolition Delav) ❑ Central Business Architecture ❑ West Street Architecture ❑ Wetlands Notice of Intent IF ONLY local ❑ Wetlands Notice of Intent IF state wetlands wetlands 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Wetlands Certificate of Compliance reauest 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Wetlands Request for Determination OR ❑ Wetlands Amendment or Resource Delineation extension Fee Information Wetlands Request for Determination OR Resource Delineation $125 (WPA form 1 or 4a) - $125 Total Fee Amount: Existing Use Right of Way $125.00 Planned Use Confirmation of no spray areas for herbicide application for weed control along the right of way. Detailed Project Information Wetlands Description: Confirmation of no spray zones for herbicide application for weed control. Files Uploaded: By typing my name in the signature box, I certify that all the information above is accurate to the best of my knowledge, I am the property owner or have permission from the property owner to apply for this permit. I also grant permission to the City of Northampton to inspect the proposed work Signature: Keith Morris Date Signed: 05/11/2012 210 Main St., Rm. 11, City Hall, Northampton, MA 01060 (413) 587 -1262 Northampton Conservation Commission 210 Main Street, City Hall Northampton, Ma 01060 RE: Pan Am Railways, Inc. Request for a Determination of Applicability Dear Commission Members: On behalf of Pan Am Railways, Inc., we are pleased to submit a Request for a Determination of Applicability and accompanying track plans for Pan Am's rights -of -way- in your community. The applicant is requesting verification of sensitive areas as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL, Chapter 131, Section 40, and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 1.1.00. Each year, Pail Am's rights -of -ways will be treated with herbicides, as allowed, for weed control. The actual application of herbicide is regulated by the Massachusetts Department of Agricultural Resources. The enclosed Request for a Determination of Applicability is for verification of sensitive areas only, and not application of herbicides. This verification was last done in the year 2005. We are asking for approval of the same boundaries previously approved by your commission. At this time the railroad treats the entire right of way as a restricted spray zone, therefore, only the "no spray" (yellow) zones are remarked each year. Please notify the undersigned of the date and time of the public meeting and, if necessary, site inspection for this application. If you have any questions concerning this matter, please do not hesitate to contact our office. Sincerely, Keith L. Morris Environmental Consultant cc. Pan Am Railways, Inc. Regional Office - DEP Massachusetts Dep of Environ Protection L7)J rthampton Bureau of Resource Protection Wetlands cityirown WPA - oi'I!'11 Request - for Determination - - of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. II Pan Am Railways, Inc. Name 1700 Iron Horse Park Mailing Address North Billerica City/Town 413 774 -6137 Phone Number 2. Representative (if any): Keith Morris Firm Keith Morris Contact Name 622 Spring Street Mailing Address Leeds City/Town 413 584 -063 E -Mail Address MA 01862 State Zip Code Fax Number (if applicable) keithImorris cni.comcast.net E -Mail Address MA State 413 584 -0633 01053 Zip Code Phone Number Fax Number (if applicable) B. Determinations 1. 1 request the Northampton make the following determination(s). Check any that apply: Conservation Commission ❑ 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 any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaform1.doc Page 1 of 4 Massach Dep of Envi ronmental Protection LI Bureau of Res ource Protection - Wetlands Northampton City /Town WPA orM - - Request for [determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Pro Location ( use maps and plans to identif the location of the area subject to this request): i Pan Am Inc., Rights of Way Street Address City /Town see attached plans Assessors Map /Plat Number Parcel /Lot Number b. Area Description (use additional paper, if necessary): The area consists of Pan Am's Rights of Way in the community. See attached, plans and site locus for location. I I c. Plan and /or Map Reference(s): Sensitive Area Marking Key, Pan Am Railways, Inc. Title Date Title Date 4 Title Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): The applicant is requesting verification of the wetland boundaries as defined in the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131 Section 40 and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. The sensitive areas have been delineated in the field by a color coded system approvedc by the MDAR. The system involves painting the railroad ties as described in the attached additional information and Figure 2. This application is for the verification of wetland boundaries only and not for the actual application of herbicides. Prior to the application of herbicides a Yearly Operational Plan (YOP) is submitted to each community and there is a 45 day review and comment period. Approval of the color coded tags is for the purpose of herbicide application only as per MWPA 310 CMR 10. (6) (b). wpaformtdoc Page 2 of 4 Bureau of Resource Protection - Wetlands ivurtnampton - -� -- _- -- - - - - - - - -- - - - - - - - -City /Town WPA Form 1= -- RdqLidst - f6t - DLitdthiiiiati - 6ft of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b Identify - provisions -of- the - Wetlands- Pr-oteotion Act -or- regulations -which -may- exempt the -app'. from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). MWPA 310 CM 10.03 (6). 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.) wpaform1.doc Page 3 of 4 i i- Bureau of Resourc Protection - Wetlands Northampton - - — - -- - - -- - - -- - -- - - - - -- -- - - - - -- - - - -- - -- - - -- - City/Town - -- - -- - - WPA Form Request fb Determihiti ®n ®t Applicabil - Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, clocuments, 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 appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. 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: Pan Am Railways, Inc., Mr. Robert Swayne, Jr., Chief Engineer, Track and Structure Name 1700 Iron Horse Park Mailing Address North Billerica City/Town MA State 01862 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. 0 4 -16 -12 Signature of Applicant Date 4 -16 -12 Signature of Representative (if any) Date wpaforml.doc Page 4 of 4 ADDITIONAL INFORMATION i PAN AM RAILWAYS, INC. Purpose The purpose of this Request for a Determination of Applicability (RFDA) is for verification of sensitive areas along Pan Am Railways, Inc. rights -of -way (ROW) as per Massachusetts Department of Agricultural Resources (DAR -) Pesticide Board Regulations 333 CMR 11.00. The purpose of these regulations is for the use of herbicides, as allowed, in the maintenance of the ROW within the state of Massachusetts. Sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131, Section 40, include: (a) Any bank, the ocean any freshwater wetland any estuary any coastal wetland any creek any beach bordering on any river any dune any stream any flat any pond any marsh or any lake any swamp any riverfront area certified vernal pool any riverfront ,area (b) Land under any of the water bodies listed above (c) Land subject to tidal action *Marking System Used To Identify Sensitive Areas in Field A color coded marking system was implemented in the field to allow herbicide applicators to identify the locations of sensitive areas adjacent to -the roadbed. Specific railroad ties and rails were painted according to the following color scheme: _ i Yellow - Limits of no spray zone. Represents a point on the railroad tracks i that is a minimum 10 feet away from an area subject to protectioll . i under the MWPA 310 CMR 10.02 (1) (a) (e) ( bordering vegetated wetlands. streams. ponds, etc.). No soravina is allowed between the yellow ties. Blue Limits of buffer zone and restricted spray zone. Represents a 100 foot buffer zone from a resource area or no spray (yellow) marker, or the limits of the 200 foot riverfront area. In the restricted spray zones, herbicides can only be applied selectively by low pressure (< 60 psi) foliar application or stem application. x At this time, the railroad treats the entire right of way as a restricted spray zone, therefore, only the no spray markers (yellow) zones are updated each year. White - Sensitive area warning marker. Indicates that the applicator is either entering or leaving a restricted spray zone. White markers are always adjacent to a blue tie. See Figure 2 for further information. DRAINAGE DITCHES Drainage ditches are an important component of the railroad right -of -way. If properly maintained, these ditches carry stormwater away from the tracks insuring that the bearing capacity of the soils under the rail bed is not reduced. Proper maintenance of the road bed includes keeping the ballast free of vegetation and sediments, and insuring that flow in the drainage ditches is not impeded. There are areas where ditches were not maintained in the past. In these areas water tends to pond and hydrophytic (water loving) vegetation predominates. This condition reduces - -_ -- — - - -- — the bearing capacity of the soils_ finder the i`ail bed - which decreases tlZe stability the tracks: - - -- L' In the wetland delineation process, drainage ditches which contained wetland vegetation and a direct hydraulic connection to a viable wetland were considered regulated and the tracks-marlced _accoldingLy_.Diainage_ditches that_weie -not couuected- Ey_diaulicalLy_sh I I be maintained with herbicides or by mechanical means. No herbicides shall be applied to any ditches if water is present. e e� ."O v r� w H O m • U �7 ' w H � a ' 0 ! -� 1 ` n 4 el w z 'n L HO �o 1 V a P-4. c z z -- o N i ' 0 ! -� 1 ` n w z 'n L HO �o 1 V a 0p I o z m I � MOM i 7 >- , t i m Declination (� tw�\ v� Elwei� !`\z� .. � ` tslarsci _ __ I • <sf ., IsOand I Z' s .,�.. Y.• +.L ° a Hop 17 J '� = Y °.3 trA o� — `_'„• Acltdemy - � _ µ _ n i • Y `'""' 72° i a. ry lt'rA /PG I _ ° �alvin`CQO(itl q� Q+- Bridge � • '9 ' =Z moo_ �/ � �,. 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