06-054 (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
A. General Information
Important
When filling out From:
forms on the _NoNorthampton
computer, use
Conservation
only the tab Commission
key to move To: Applicant Property Owner(if different from applicant):
your cursor
do not use the Lloyd Ewing &Ann Deres
return key. Name Name
423 Haydenville Road
"� Mailing Address Mailing Address
Leeds MA 01053LX
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
"Septic Site Map" prepared by Hilltown Environmental Consulting ` 1-16-03
Title Date —.._.__ . ...._._
_
Tilly APR 2 7 9„93 Date
Title _.._...... - Date
2. Date Request Filed: I
April 1, 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):
Installation of a new septic system.
Project Location:
423 Haydenville Road _ _ Leeds
Street Address City/Town
-5.:: . .. . 54
*011fieteitelttaapirtiat Number Parcel/Lot Number
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
r. WPA Form 2 - Determination of Applicability
) Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)istare 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
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Massachusetts Department of Environmental Protection
N)
�-r Bureau of Resource Protection -Wetlands
�l WPA Form 2 — Determination of
Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area anchor 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 partof 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.
El 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 tails to act on such request within 35 days of the date the
request is postmarked 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.
ZI 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).
1. The applicant shall use filter fabric for erosion control, located per site plan by Hilltown
Environmental dated 1116(03.
2.The erosion control barrier shall serve as limit of work fine.
3. The erosion control shall remain in place until successful revegetation of the site and approval
by the Conservation Commision or agent.
Li 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.
µpalsm2Coe-en. 4128143 Page 3ot5
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.)
E. 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:
.. _ at.....
Exempt Activity(site applicable sNdtuatArylregulah]ry provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Manic 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 LT by certified mail, return receipt requested on
April 2$, 2003
Date ..-.. Date
._. __ _. . .._
Date sent to DEP: April 2f, 2003
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 bye majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office(see Appendix A) and the properdYowner(if differe rpm the
app scan ❑ESignatures:
Gov
April 24, 2003
Date
wpabrm2ape-rev <2VN3 Page of
Massachusetts Department of Environmental Protection
�`F--- Bureau of Resource Protection - Wetlands
WPA Form 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
boated, 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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