37-077 (16) 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
and the Northampton Wetlands Ordinance
A. General Information
Important:
When filling out From.
forms on the 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 Comcast of Massachusetts, Inc.
return key. Name Name
676 Island Pond Road
II Mailing Address Mailing Address
Manchester NH 03109
City/Town State Zip Code City/Town State Zip Code
return X
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Comcast, Utility Design Plan, Northampton, Massachusetts," Prepared by
Huntley Associates, P.C. Ma 2004
Title Date
1
Title Date
2. Date Request Filed: U U N - 2 2004 U
May 6, 2004
DEPT OF BUILDING INSPECTIONS
NORTHAMPTON,MA 01060 ,',
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):
Installation of underground utility cable.
Project Location:
820 Florence Road Northampton
treet Address Cit /Town
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
pp Y
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Ordinance
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 De.ermination 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 Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Ordinance
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 ay not proceed
on this project unless the Department fails to act on such request within 35 days of th date the
request is post-marked for certified mail or hand delivered to the Department. Work m y 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 reegulations, 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:
• Erosion control barrier shall be an entrenched silt fence.
• Silt fencing shall be installed along both sides of the length of the driveway that is within the 50-
foot buffer, then shall follow the 50' buffer line perpendicular to the driveway for 4q feet.
• Erosion controls shall remain in place until the successful revegetation of the disturbed area, and
approval by the Conservation Commission or its agent.
❑ 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
Massachusetts Department of Environmental Protection
LI
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and the Northampton Wetlands Ordinance
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
June 2, 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 be signed by a m...rity of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (-ee)Appendix A) and the property owner(if differ nt from the
applicn. Sig►.turel:
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,/�i/ 1�/1/t AMU. s
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_ LAA.z:/.4.4 Gr.(2-L,
May 27, 2004
Date
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f
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
and the Northampton Wetlands Ordinance
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.
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