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11A-070 53 East Center Street wetlands determination-plans 8-2-039! 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General Information Important: "Site Plan and Proposed Improvements" by Newman Environmental When filling out From: forms on the Northampton computer, use only the tab Conservation Commission key to move To: Applicant your cursor - do not use the Susan O'Neill return key. Name 53 East Center Street VQ Mailing Address Leeds MA City/Town State ,ec�a Property Owner (if different from applicant): Name Mailing Address 01053 Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: "Site Plan and Proposed Improvements" by Newman Environmental 8/2/03 Title Date Title Date Title Date 2. Date Request Filed: August 5, 2003 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): Fill old barn foundation hole and regrade around it Project Location: 53 East Center Street Street Address 11A Assessors Map /Plat Number Northampton City/Town 70 Parcel /Lot Number wpaform2.doc • rev. 12/15/00 Page 1 of 5 Ll Massachusef - .apartment of Environmental Prote -anon 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. ❑ 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 ILI Massachusettst,epartment of Environmental Prote. lon 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 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: • Erosion control shall be a trenched silt fence, which shall serve as the limit of work line. • Erosion control barrier shall be placed no closer than 35 -feet to the drainage channel. • Area shall be revegetated with native plantings. • Erosion controls shall remain in place until all disturbed soils are stabilized by vegetation and removal is authorized by the Commission or its agent. • Invasive plants, in particular the wild grape vines, on site shall be removed. ❑ 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. wpafort12.doc • rev. 12/15/00 Page 3 of 5 Massachusettd Apartment 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 Date ® by certified mail, return receipt requested on September 1 k, 2003 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 Py a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional e (see Appendix A) and the property owner (if different from the applicant). ❑&a atlurs• / September 11, 2003 Date wpaformZdoc • rev. 12/15/00 Page 4 of 5 OW-5 • Massachusetts Department of Environmental Protection Bureau of Resource Protection — Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, c. 24 City/Town Northampton E -Mail Address (if applicable) A# U`dS State Zip Code 5 9'6 -��,�� Fax Number (If applicable) / 1 E-Mail Address (if applicable) D /Wil State Zip Code Fax Number (If applicable) B. Determinations 1. I request the Northampton Conservation Commission make the following determination(s). Check any that a ply: 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. F 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 Northampton. ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Note: The Northampton Conservation Commission requires a total of nine (9) collated copies of this application when it is submitted, together with the $50.00 filing fee. WPA F0=1 Rev. Q= Paget of 4 A. General Information Important: When filling out 1. Applicant: forms the S I,�S Q - ' t ) t'v v N to computer use only the tab key Name J C - S �' . „ C� C e, to move your cursor - do not use the return Mailing Address kce key. City/Town 41. SQL �Lh Phone Number 2. Representative (if any): P " &VS Gh VIeV -, o ,14C Fm, New A,, Contact Name Mailing Address City/ Town J Phone Number City/Town Northampton E -Mail Address (if applicable) A# U`dS State Zip Code 5 9'6 -��,�� Fax Number (If applicable) / 1 E-Mail Address (if applicable) D /Wil State Zip Code Fax Number (If applicable) B. Determinations 1. I request the Northampton Conservation Commission make the following determination(s). Check any that a ply: 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. F 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 Northampton. ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Note: The Northampton Conservation Commission requires a total of nine (9) collated copies of this application when it is submitted, together with the $50.00 filing fee. WPA F0=1 Rev. Q= Paget of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection — Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, c. 24 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): S3 C. Northampton Street Address City/ Town fla ©70 -00/ Assessors Map /Plat Number (REQUIRED) Paroel/Lot Number (REQUIRED) b. Area Description (use additional paper, if necessary): .See, tow c. Plan and /or Map Reference(s): s; k P 1't" Avtp Ot-LC&Kd Title k1111v3 / / Date 2. a. Work Description (use additional paper and /or provide plan(s) of work, if necessary): (• �'� 1'a Ar+. l%ou11 2,#16 d 0 l fi 16 AL*4 fh�9 I v rew -OV�C df IhuRs ►� At �,.��,�s,a�h•�- ho rj l Lo &loj & �O .SG t 0 t Cons kt—m►i e P67 o �. b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). (� (/M�h>r� � ►i/�f - �.c.a� J' 1� n,..� «- �nxr -. � �w�-- � S, � �i WPA Fam1 Rev. 04100 Page Z of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection — Wetlands WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City of Northampton Wetlands Protection Ordinance, c. 24 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, 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 (see Appendix A) 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: Name Mailing Address Cityfrown State Signatures: 1 53 G. G h- h eels Zip Code I also understand that notification of this Request will be placed in a local newspaper in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations and that the $50.00 filing fee includes this cost. s n d' 3'10.3 Signature of Applicant "Date Signature of Representative (if any) Date Affidavit of Service Under the Northampton Wetlands Protection Ordinance when filing a Request for Determination of Applicability the following action is required: I' (name of person making the Affidavit) hereby certify under the pains and of perjury, that on /by (insert date) I posted a sign on the property (facing the public- right -of -way) at least 5 days prior to the public hearing stating that Request for Determination is pending with the Northampton Conservation Commission and indicating where additional information can be obtained. WPA Fount Rev. MM Page 4 of 4