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38A-050 (19) A � Massachusetts Department of EnNironmental Protection L Bureau of Resource Protection - Wetlands ✓/ WPA Form 2 — Determination of Applicability 1 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 Property Owner(if different from applicant).- your cursor- do not use the MassDevelopment Commonwealth of Massachusetts/City of return key. Name Northampton 75 Federal Street 75 Federal Street/210 Main Street ab Mailing Address Mailing Address luf Boston MA 02110 Boston/Northampton MA 02110; City/Town State Zip Code City/Town State 01060 temm 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Wetland Resource Areas" Sheet 1 prepared by Epsilon Associates Inc June 28, 2002 _ Title Date "Topographic Plan of Land" Sheets 1-3 prepared by E.B. Holmberg &Assoc April 24, 2002 Title Date Title Date 2. Date Request Filed: July 3, 2002 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission consid our Request for Determination of Applicability, with its supporting documen Q rid following Determination. l5 Project Description (if applicable): 1 n,1 _ � ��OZ Resource delineations and approval of non-jurisdictional a s �o vGtji is proposed at his time. DEQ OF P,t�tlOtNv��� �In�O Project Location Northampton ss. Cityfrown �A&38 C_ 6 `Hfissessors Maplf?latt Number :Number wpaform2.doc•rev.7/30/02 Page 1 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) 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. BVW Series 1, BVW Series 2, BVW Series 3, Bordering Land Subject to Flooding, Bank and Riverfront. ❑ 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. ❑ 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.doc-rev.8/2/02 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Forty! 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 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): ❑ 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, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.7130/02 Page 3 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.) ❑ 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) ❑ 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 August 2, 2002 Date Date Date sent to DEP: August 2, 2002 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 Appendix A) and the property owner(if different from the applicant). ❑❑Signatures: f.`, %"'1":'— ,,r':.� �"`'- %i �" �l ��L`c/��•�_ �� • fry"'"�/�v�O �. r c July 25, 2002 Date wpaform2.doc•rev.7/25/02 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Forma 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 Appendix A) 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 Appendix E: 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. wpaform2.doc•rev.7/30/02 Page 5 of 5 Tighe&Bond Consulting Engineers Environmental Specialists ill"!j W-32807-02 August 14, 2002 Mr. Robert Schultz Department of Environmental Protection 436 Dwight Street Springfield, MA 01103 Re: Request for Waiver of Asbestos Abatement Regulations, Building 24, Northampton State Hospital Dear Mr. Schultz: As we discussed during our site meeting on July 30, 2002, we are requesting a waiver for the abatement of ACM pipe insulation in the basement of Building 24. The building is substantially collapsed, therefore, it would be impossible to safely shore the structure, secure, contain and abate the approximately 30 linear feet of pipe insulation located in the basement. Engineering controls shall be implemented and consist of constant water use during all facets of demolition, demarcation of the work area in accordance with OSHA regulations, collection and polarized light microscopy (PLM) analysis of upwind/downwind perimeter air samples and fulltime presence of a licensed asbestos monitor during all potential asbestos impact work. Once the basement area is deemed safe, the licensed contractor shall perform abatement via glove bag methods and the use of negative air. The area will be visibly inspected to confirm that the Contractor has achieved a level of no visible debris. Upon acceptance of visual inspection, the remainder of the structure will be razed. Please provide approval of this waiver to me, or call me at 508-754-2201, ext 103, with any questions. Very truly yours, TIGHE & BOND, INC. Brian F. Day Senior Environmental Scientist J:\W\W-3280\D07 CORRESP\WANER LErrER.DOC Enclosures Copy: Gordon Bailey, State Building Inspector Anthony Patillo, Building Commissioner Bob Shultz, Environmental Analyst Richard Walsh, Supervising Inspector Alan Delaney, Engineering Manager 324 Grove Street Worcester, MA 01605 Tel. 508-754-2201 Fax. 508-795-1087 Main Office: Westfield, MA Tel. 413-562-1600 Fax. 413-562-5317 Original printed on recycled paper.