13-062A 246-196 Conservation, %W
Form 5
Noncom MEMO=
.arrv..
( r Commonwealth
i of Massachusetts
A
OEQEFRINo. 1 246 -196
(T be p vvwded by 0EQE)
Northampton
citylTown
3� MCI Telecommunications
3 G gppUeant
r 3 3
3, A- �y `
Vi --o;".
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Northampton Conservation Commission
From
To MCI Telecommunications Corporation
(Name of Applicant)
Address 400 International Parkway
Rich ardson t TX
Boston & Maine Corpor ation
(Name of property owner)
Addre Iron Horse Park, North Billerica, MA
01862
This Order is issued and delivered as follows:
QX by hand delivery to applicant or representative on June 14 1988 (date)
0 by certified mail, return receipt requested on
(date)
a B & M Railroad right -of -way through Northampton
This project is located
The property is recorded at the Registry
Hampshire County
na (Property is recorded, if at all,
Boo na Page on multiple deeds)
Certificate (if registered)
The Notice of Intent for this project was filed on April 19, 1988 (date)
The public hearing was closed on May 9, 1988 (date)
Findings
The Northampton Conservation Commission has reviewed the above- referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Conservation Commission atthistime.the Conservation Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act (check as appropriate):
Q Public water supply
Q Private water supply
Q Ground water supply
Q Flood control
ET Storm damage prevention
Qk Prevention of pollution
5 - 1
Q Land containing shellfish
Q Fisheries
Q Protection of wildlife habitat
Effective 11 /1 /87
14".. -mope
Therefore. the Conservation Commission hereby finds that the following conditions are
necessary. in accordance with th Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The Conservation Commission orders that all work shad be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shad control.
General Conditions
1. Failure to comply with ad conditions stated herein, and with all related statutes and other regulatory meas-
ures, shad be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with ad
other applicable federal. state or local statutes. ordinances. by-laws or regulations.
4. The work authorized hereunder shad be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act: or
(b) the time for completion has been extended to a specfied date more than three years. but less than
five years, from the date of issuance and both that date and the special circumstances waranting
the extended time period are set forth In this Order.
S. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shad be clean fill. containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until ad administrative appeal periods from this Order have elapsed or. if
such an appeal has been filed, until ad proceedings before the Department have been completed
8. No work shad be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land. the Final Order shad also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the rase of registered land. the
Final Order shad also be noted on the Land Court Certificate of Tithe of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shad be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering.
Fite Number 246- 196
10. Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shad be a party to ad agency proceedings
and hearings before the Department
11 . Upon completion of the work descrtbed herein, the applicant shad forthwith request in writing that a =
Certificate of Compliance be issued stating that the work has been satisfactorily completed.f"
12. The work shall conform to the following plans and saeciai conditions:
5 -2
, %NEW �moo
Plans:
Title Dated Signed and Stamped by: On File with:
Construction plans, project Jan. 19 87 Northampton Office of
05007--Springfield to Planning & ve opment
Greenfield
City map showing cable May 1988 Northampton Office of
route, with photos Planning & Development
Special Conditions (Use additional Pape: if 9)
1) All construction areas shall be restored to original condition or better upon completion of the project,
including vegetation;
2) No area within the 100 year floodplain nor within 100 feet of a wetland area, as defined in Chapter 131,
Section, M.G.L., shall be pexaissable disposal sites, unless otherwise approved by the Conservation
Commission;
3) Excavated material and topsoil stockpiles shall be located and stabilized so as to m;n;m;z washing into
wetland area or waterways;
4) Adequate measures shall be taken to prevent erosion and siltation of all disturbed area
5) 2his Order of Conditions shall apply to any successor in interest or successor in control;
6) Members and agents of the Conservation Commission shall have the right to enter and inspect the premises
to evaluate compliance with the Conditions and to require the submittal of any data deemed necessary by
the Commission for that evaluation;
7) (if checked) Upon completion of the project, the Applicant shall submit a statement from the Project
Engineer that all work has been done in conformance with the provisions of the approved Order of
Conditions.
M YES ( ) NO
......................................................................:......... ...............................
(Leave SQsce Blank) .
5 -3A
7
DEOE File No. 246 -196
Special Conditions (continued)
8) The Applicant shall notify the Conservation Commission, in writing, as to the data that work will be
commencing on the project. Said written notification must be received by the Conrad Sion no sooner than
tan (10) days and no later than seven (7) days prior to the commencement of the approved activity.
9) (if checked) The Applicant shall complete and execute the attached A=M MMEMT "A "INOTICE OF POSSIBL
WE=ANDS RESTRICTIONS MDER M.G.L. C. 131, S.40 relative to (not applicable)
Said A=AC 4= " A " shall be attached to, became a part of, and shall be filed with this Order Of
Conditions at the Registry of Deeds. The Applicant shall return a copy of the completed and notarized
ATTACEWT "A" to the Conservation Commission when the bottom portion of Page 5 -4A of this Order of
Conditions Of Conditions' is returned. .( ) YES (Xk NO
10) Given that there are multiple deeds for this right -of- way - -or ownership documentation
that cannot be located by the B & M Railroad or MCI Telecommunications - -the applicant
is waived from attaching this Order of Conditions to these deeds. It is understood
that any transfer of this property would be to another railroad, so that the use
would not change.
5 -3B
This Order must be signed by a majority of the Conservation Commission.
On th is �. ?,:�, j day of 22j—
personally
1
l C
19 L� before me
to me known to be the
person described in and who execrated the foregoing instrument and acknowledged that he /she executed
the same as his/ er free act and deed.
o�
Notary Public
My commission expires
The applicant. the owner. any parson aggrieved by this Order. any owner of land abutting the land upon which the proposed worlr is to
be done or any ten residence of the city or town in which such land is located are hereby notified of their right to request the Oeoartment
of ErnirOnmeMai QttaYty EngRteerinq to issue a Superseding Order. providing the request is made by ceRilied mail or hand delivery to
the Oepmerient within ten days hwn the date of Issuance of this Omer. A copy of the request shay at the same time be swat by certified
mail or hand delivery to the Conservation C•armmisaion and the appti , I
Detach on dotted line and submit to the (not applicable) prior to of work.
To Issuing Authority
Pleeae be advised that the Order of Conditions for the project a<
Fie Number has boo.. am at the Rooney of
and
has been noted in the chain of title of the affected property in aaeordartcu with Cienerai Qndi&tn a on 19
If recorded land. the instrument number which identifies this transaction is
If registered land. the document number which identifies this transactlart
Signature
5-4A
Applicant
ENVIRONMENTAL
COMPLIANCE SERVICES,
588 Silver Street
AGAWAM, MASSACHUSETTS 01001
(413) 789 -3530
TO Northampton Conservation Commission
City Hall. Main Street
[LEETTC,,,V Q)F "TRUS uIEL � 11 - TQL
DATE
3/15/93
JOB NO,
11486.1
ATTENTION
RE:
Vegetative Management Program
Boston & Maine Corporation
8/1992
Vegetative Management Plan (VMP) for the Boston & Maine
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via certified mail the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
1
8/1992
Vegetative Management Plan (VMP) for the Boston & Maine
Rights —of —Way
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
> ❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS As per Massachusetts Department of Food & Agriculture Pesticide Board
Regulations 333 CMR 11.00, we enclose a copy of the Boston & Maine Corporation's
Vegetative Management Program for your files. A copy of the Yearly Operational
Plan will follow shortly.
If you should have any questions, please contact this office at your
convenience.
COPY TO
SIGNED: Keith L. Morris
Pamucr ®IM, G.IMMM 01471 if enclosures are not as noted, kindly notify us at once.
s'
Form 4
Commonwealth
- t� Massachusetts
s
DEQE File No. a / - /
(To be provided by DEQE)
City /Town A - tomzyno l
- - -- —_ n
- Applicant r
��4av/l/t IV) aA 1e1V,5
= '= Abbreviated Notice of Intent
' Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent. Boston & Maine Railroad
1. Location: Street Address R; ght o d'Ay Lot Number
2. Project: Type
To bury Fiber Optic Cable Description m„ .,i a�A f; bPr -o ptic
ph one cable 48" underground for MCI Te lecommunica tions Corporat
within the Boston & Maine Railroad right of way.
3. Reg 1st rY County ZZA ^4 'yS��- Current Book —A— & Page
Certificate (If Registered Land)
4. Applicant: MCI Telecommunications Corpo Tel. ( 214) 380 -4448
Address: 400 International Parkway, Richardso Tx. 75081
5. Property Owner: Bo ston & Maine Corpora i on Tel. — �/0
Address:Iron Horse Park, North Billerica, Ma. 01862 -1688
6. Representative: Michael A. Pintar Tel. 602) 722 -5414
Address 6001 E. Pima #35 Tucson, Az. 85712
7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes CK' No ❑
8. Have all obtainable permits, variances and approvals required by local by
been obtained or applied
for? Yes C' No ❑ Not Applied For:
Obtained: Applied For:
V& b ^ 7 LL,+•+�/l�o
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c.130,§105? Yes ❑ No Z'
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying Title /Date
Number /Letter
05007
- copy USGS map showing proposed construction
Copy City map
4 -1
Effective 11 / 1 / 87
`
..o'
1 1 . For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work. To bury fiber -optic phone cable (appx.
1 1/2" in cixc.-umfrance) to a depth of 48" for MCI Teleccntardcations. At the top portion
-- -of -the--railread bed $f - -the Bost- en -444a m. -1r - r- ight-of ---way• By means of plowing,
trenching, and hand digging, (in sensitive area). MCI will not be entering rivers, streams,
or wetlands. At bridges & streams, the cable will be placed within 4" galvanized steel pipes
attached to structure. $
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area. the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations. MCI will not alter any natural resource area. Extreme
caution will be used at all times. Were needed, baled hay on siltscreen will be used to
prevent siltation. Hand digging will be used if need be. The cable will be plowed in
and covered in one operation, with no open trench remaining. MCI, will not disturb
any resource area. MCI will follow all rules and regulations defined in the Mass.
Wetlands Protection Act. MCI has suYmitted its' Master Plan to the Natural Heritage &
Endangered Specices Program.
12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part
III, Sections 10.57(4) and 10.60 of the regulations.
13. For proposed work within Land Subject to Flooding which will alter said resource area, or for
proposed work in a Buffer Zane which will alterthe resource area which said Buffer Zone borders,
is the area which will be altered located on the most recent Estimated Habitat Map (if any) of rare,
"state - listed" vertebrate and invertebrate animal species occurrences provided to the conser-
vation commission by the Natural Heritage and Endangered Species Program?
YES [ ] NO [ ✓�] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any) Qbgx 1987
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program in person,
or by courier or registered mail, so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ✓1 NO [ ]
4 -2
NMW ..e
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans ocuments and su orting data are true and complete, to the best of my knowledge._
S ignature of Ap licant It
4/1/88
/ ianature of Ap licant's Representative Date
4-3
APPENDIX A
to
V 6 l,P J
NOTICE OF INTENT (FORM 3)
and
ABBREVIATED NOTICE OF INTENT (FORM 4)
Massachusetts Wetlands Protection Act
G.L c. 131, Section 40
C.�
r =_
C
This Appendix must be completed by applicant prior to the filing of a Notice of Intent or Abbreviated Notice of
Intent under the Act if proposed work would alter a resource area which is located on the most recent
Estimated Habitat Map (if any) of "occurrences" of state- listed animal species provided to the conservation
commission by the Natural Heritage and Endangered Species Program ( "the Program'j. Please attach to
this Appendix a copy of an 8 x 11 " section of the USGS quadrangle map of the area of the proposed work
containing sufficient information for the Program to locate the portion(s) of the wetiand resource area(s) to
be altered. Please deliver this material by certified mail or hand delivery to the Natural Heritage and
Endangered Species Program, Division of Fisheries and Wildlife, 100 Cambridge Street. Boston,
Massachusetts 02202. The Program must have received this material 90 days or less prior to the filing of a
Notice of Intent or Abbreviated Notice of Intent, and proof of timely receipt of this material by the Program
must be filed along with such notice.
1. Location (Street Address, City %Town) ��-
�1_>fi�A MPTeltx
G' L /Al I ?A 1� l " G�" SLt,/ -0 -_46 /z
2. Applicant m( Telecommunications
Address 400 International Parkway Richardson Tx. 75081
Telephone ( 214) 380-4448
3. Property Owner Boston & Maine Corporation
Address Iron Horse Park North Bilikrica, Ma. 01862 -1688
Telephone X _ �l _3 171
4. Applicant's Representative
Michael A. Pintar
Address 6001 E. Pima #35 Tucson Az. 85712
Telephone—
( 722 -5414
5. Name of attached USGS quadrangle map
Signature of Property Owner (or documentation Date
demonstrating ownership interest)
1 hereby certify under the pains and penalties of perjury that the foregoing information and accompanying
material are true and Complete, to the best of my knowledge, and that they are being filed solely for the
purpose of complying with Section(s) 10.37 and /or 10.59 of the Wetlands Protection Act Regulations (310
CMR 10).
Signature of Applicant Date
V
Commonwealth
of Massachusetts
, §igs:qature of Re ese tiv Date
N..• BOSTON b MAINE CORPORA
DELAWARE & HUDSON RAILWAY COMPANY
MAINE CENTRAL RAILROAD COMPANY
' IRON HORSE PARK
NO. BILLERICA, MASS. 012
(617) 663 -1213
LAW DEPARTMENT
April 19, 1988
Re: MCI Telecommunications Corporation
To Whom It May Concern:
Pursuant to the terms and conditions of an agreement
dated May 9, 1984, by and between MCI Telecommunications
Corporation ( "MCI ") and the Boston and Maine Corporation
(the "B &M "), MCI is permitted to construct, install and
operate a telecommunications transmission system, including
fiber optic and /or auxiliary cable and other necessary and
attendant equipment and structures along the B &M's right -
of -way from Springfield, Massachusetts to Greenfield, Massa-
chusetts and from Greenfield, Massachusetts to Williamstown,
Massachusetts.
If I can be of any assistance with respect to MCI's
use of the B &M's right -of -way, please do not hesitate to
contact me.
V truly yours,
I
David H. Anderson
Attorney for the
Boston and Maine Corporation
DHA:sm
GUILFORD TRANSPORTATION INDUSTRIES COMPANIES
11 , f
Form 4
(_�- Commonwealth
of Massachusetts
DEQE File No.
// (To be / provided by DEQE)
City /Town AlD� h2 `t'! Er
--- -- - " — — - —"— -- - - - -- Applicant
Abbreviated Notice of Intent T���Cvn All G/
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent. Boston & Maine Railroad
1 . Location: Street Address _$ tgh t n f way Lot Number
2. Project: Type To bury Fiber Optic Cable Description To = - la fi hPr - n ptic
phone cable 48 underground for MCI Telecommunications Corporat
within the Boston & Maine R right of way.
3. Registry: County &AM P.S #1 e r Current Book Page
Certificate (If Registered Land) , ,Z
4. Applicant: MCI Telecommunications Corporation Tel. ( 214 ) 380 -4448
Address: 400 International Parkway, Richar Tx. 75081
5. Property Owner: s ton & Maine Corporation TeL 6/_2! - /C' 43
Address: Horse Park, North Billerica, Ma. 01862 -1688
6. Representative: Michael A. Pintar Tel. 602 ) 722 -5414
Address 6001 E. Pima #35 Tucson, Az. 85712
7. Have the Conservation Commission and DEOE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes C� No ❑
8. Have all obtainable permits, variances and approvals required by local by -law been obtained or applied
for? Yes Z_ No ❑
Obtained:
'! Applied For: A Not Applied For:
Lf
Ms d' h w/J7`o 0e4 d - �Uedbfl. "
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c.130,§105? Yes O No 0 -
10. list all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter
Title /Date
05007 Construction Plans
Copy USGS map showing_ proposed construction
Copy City map
_ Constructi t � icalS
4 -1
Effective 11 / 1 /87
NOW
1 1 . For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
1
(a) The size, shape, type and location of the proposed work. To bury fiber -optic phone cable (aPpx.
1 1/2" in circumfrance) to a depth of 48" for MCI Telecommunications. At the top portion
--e€ the rai I r-marl a€ --the -- &-Hauie 4t&Alr4)ad -might of -way. By means of plowing,
trenching, and hand digging, (in sensitive area) . MCI will not be entering rivers, streams,
or wetlands. At bridges & streams, the cable will be placed within 4" galvanized steel pipes
attached to structure.
(b) Mitigating measures and designs to insure that the proposed work will not after the resource area
which said Buffer Zone borders: or if it will after said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations. MCI will not alter any natural resource area. Extreme
caution will be used at all times. Mere needed, baled hay on siltscreen will be used to
prevent siltation. Hand digging will be used if need be. The cable will be plowed in
and covered in one operation, with no open trench r emaining . MCI, will not disturb
any resource area. MCI will follow all rules and regulations defined in the Mass.
Wetlands Protection Act. MCI has submitted its' Master Plan to the Natural Heritage &
Endangered Specioes Program.
12. For work proposed within Land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part
111, Sections 10.57(4) and 10.60 of the regulations.
13. For proposed work within Land Subject to Flooding which will alter said resource area, or for
proposed work in a Buffer Zone which will alter the resource area which said Buffer Zone borders,
is the area which will be altered located on the most recent Estimated Habitat Map (if any) of rare,
"state - listed" vertebrate and invertebrate animal species occurrences provided to the conser-
vation commission by the Natural Heritage and Endangered Species Program?
YES [ J NO [ ✓ Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any) October 1987
ff yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program in person,
or by courier or registered mail, so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ 4 NO [ J
4 -2
NOW
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans ocuments and sporting data are true and complete, to the best of my knowledge.
Signature of
-" jtignature of
—� D t
4 4 /1f /88
is Representative Date
4-3
'r...
...0
Form 2
DEOE File No.
- - \__ (To be provided by OEOE)
I - o Commonwealth
of Massachusetts City/Town Northampton
Applicant Mass.Rai1road Assoc,
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. C. 131, §40
From Northam ton Conservation Commission
Issuing Authority
To---DL-- Coffey Mass u,;:_
n
(Name of person making request)
Iron Horse Park
Address N• Billerica MA 0]86
Boston & Maine Cor
(Name of property owner)
Iron Horse Park
Address N. R;
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on
(date)
Ek by certified mail, return receipt requested on
(date)
Pursuant to the authority of G.L. c. 131, §40, the NorLhampto conservation COMMiss-ion
has considered your request for a Determination of Applicability and its supporting
made the following determination (check whichever is applicable): documentation, and has
This Determination is positive:
1. ❑ The area described below, which includes all /part of the area described in your request, is an Area
Subject to Protcction Under the Act. Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes ail/part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or after that area. There-
fore, said work requires the filing of a Notice of Intent.
2 -1
'I..-
3. ❑ The work described below, which includes all /part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1 . ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. The work described in your request is within an Area Subject to Protection Under the Act, but win
not remove, fill, dredge, or alter that area. Therefore, said work does not require the Ming of a
Notice of Intent.
3. O The work described in your 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.
4. ❑ The area described in your request is Subject to Protection Under the Act, but 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:
Issued by No ham ton Conservation Commission
Conservation Commission
This Determination must be signed by a majority of the Conservation Commission.
On this w� day of w
personally appeared � �t� ) � � 19 -� ---. before me
, to me known to be the
person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed
the same as his /her free act and deed.
otary Public
My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal, stale or local statutes,
by -laws or regulations. This Determination shall be valid for three years form the date of issuance. ordinances,
The applicant, the 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
Department of Environmental Quality Engineering to issue a Superseding Determination of A pplicability.
by certified mail or hand delivery to the Department within ten days from the date of issuance of thisDetermi�� the
o c r equest fe made
shah at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant oPy of the request
2 -2A
Form 1 _ OEGE Fin No.
N be pior by OEGE)
My/Town
Commonwealth
• of Masaachuaetts
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L: c.131, 140
1. 1,#Wundersigned, hereby requseU*" Northampton, Mass. Conservatinn commissi
Conservation Commission make a determination as to whether the area, described below, or work to be
performed on said area, also described below, is subject to the Axl dictbon of the Wetlands Protection
Act, QL C.131, W.
(Ref. 310 CMR 10 :00 & 10:99)
2. The area is described as follows. (Use mope or plena, N necessary. to provide a descrow and the
location of the area subject to this request.)
Entering Northampton from the N.W. in the vicinity of Laurel Park,
the right -of -way follows the Connecticut River W. bank , exiting
in the vicinity of the Mt. Tom sub - station or lower bx -bow
at Easthampton town line.
The proposed herbicide application will be confined to the RR
right -of -way as described (attached map and guidelines for
application.
3. The work In said area is deem - bed below. (Use additional paper, N necessary, to describe the
proposed work.)
Work proposed - see attachments - and General Provisions of Part III of
tIe Act. (Inland Wetlands)
The Applicant will comply with the following relative to the application of
herbicides to control vegetation and weeds: "There shall occur no change in
the existing topography, or existing soil and surface water levels of the
area... outside the right -of -way.
All herbicides shall be used in accordance with applicable State and Federal
laws and regulations governing their use - see relevant EPA labeling
information and Massachusetts Pesticide Board regulations.
(See attached Railroad guidelines and fact sheet with formulation sheet for
description of the weed control activity.)
I
1 -1
4. The owner(s) of dw aria, M not tfw person nwd ft Ws mgmt. has bon given written notification of thb
r - quest an 1 Y - 3 ( o)
The neme(s) and a WmWe; `! of 0.4 owner(s):
Boston & Maine Corp.
Iron Horse Park
N. Bellerica, Ma. 01862 -
S. 1 haw tied a compiste copy off" request with tM
appropriab regiorrl offke d tM MassachuNtts
Oepsrttnent of EnviraxnaMal QU1 ty Engiwering an ( date)
Nortiwast
323 New Boston stnset
Woburn. MA 01801
southeast
lahevie Hospital
t akwile. MA 02340
ON" X X Weawn
75 arc" street pubic Nedth Center
Worcester, MA 01605 unwereity at M aseac�ruotta
Amherst. MA 01003
S. 1 understand that nobficaBon of this request wi be placed in a local newspaper at my expense In ecccr-
dsncs with section 10.013(3) (b)1 of the rsgt "mm by the Consacvatlon Cbaani Wm end ftt 1 wi be
bled accordingly.
C ` - D.P.
� Name Coffey
c' Mass. RR Assoc.
Address
Iron Horse Park -
N. Billerica, Ma. 01862
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