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14-001 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i 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 Northampton Conservation Commission computer, use only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor- do not use the City of Northampton - DPW return key. Name Name or 125 Locust Street '� Mailing Address Mailing Address ` Northampton MA 01060 ` City/Town State Zip Code City/Town State Zip Code atm X\ 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: DPW Pavement Project, Chesterfield Road March 4, 2004 Title Date Title Date Title Date 2. Date Request Filed: March 4, 2004 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): Work entails removing 8" of pavement, compacting subgrade, and overlaying new pavement. All work will take place within the existing road bed. Project Location: Chesterfield Road / -/ - Q 5- Northampton Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12/15/00 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Applicability 1 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. ❑ 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.12/15/00 Page 2 of 5 Massachusetts Department of Environmental =rotocton Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Ap Hcabiiity 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. • If at all possible, work should take place between May 31 and June 30, or after September 30, to not interfere with the migration of spotted salamanders. I—I R The wnrk riecrriherl in the Reni rest is within the kr iffer 7nne ac riefineri in the rern ilatinnc but ❑ 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.12/15/00 Page 3 of 5 BureauMassachusettsofResource DepartmentProtection of EnvironmentalWetlands Protection - 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 April 12, 2004 Date Date 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 .- .:ned by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP -egional 6 II ice (see Appendix A) and the property owner(if different from the appl. ant). Signatures. , w `� N ,► 1 \ - • � _ , n r � G .1.' ' "Lai alr Twife I fr , - - & cam_ — 1 Er 00 ifLm .e/ 1err f 1 l April 8, 2004 Date wpaform2.doc•rev.12/15/00 Page 4 of 5 JIUU7J i ��L 2 1999 .� FORM A NORTHAMPTON, MA DEPT OF BUILDING INSPECTIONS NORTHAMrT___ ON MA Q1C t? AWL CATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL File six completed forms and plans and one mylar with the City Clerk and the Planning Board in accordance with the requirements of Section 3.02. I (we) believe that the attached plan of property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, and herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Applicant(print or type): L or-rante.0 apru'F ignature: .� C - ��111 Address: 103/ CJIE 3 Ie�--( th ICt( �e Phone: (o " r75 1 F tarzeiv,esz-, )-4.4 ©tO 1D d- 2. Owner(print or type): E I t A- C.-Ia_10 Signature: P.-- /Ci04-- Address: 103 I CIe_S-ferfi.e;J ram. Phone: S7 4 _O'7 S F((NeAA-`c-0,, AAA OIOIo a : 3. Surveyor(print or type) ► �(• �1 3 %.S Signature. • .I�'(/�/,A • .-3 67.5I-0G.00 Address Phone 4. Deed or property recorded /_in Hampshire County Registry of Deeds or Land Court: Book 548O Page '(oO . 5. Location and Description of Property: N., fie- fatic.e.4 --}o `fie of a�o� c`"j&'ru rtg hooks-e tot Of / o vrw 0'(Cp of-e— * k_ rcu <<C`. '�'a\ ,yty`n� _. . •vim:. ,. Date Submitted for Planning Date Planning Board Board Approval: Decision Filed: JUL 9 1999 • 9 s City Clerk(signature): City Clerk(signature): I��.. . ,, 0 � (!/I/9S)