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Chesterfield Road Determination of ApplicabilityImportant: When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. 1 Massachusetts 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 From: Northampton Conservation Commission To: Applicant Property Owner (if different from applicant): City of Northampton DPW Name 125 Locust Street Mailing Address Northampton City/Town 1. Title and Date (or Revised Date if as licable) of Final Plans and Other Documents: DPW Pavement Project Chesterfield Roa• March 4, 2004 Title Date Title Title 2. Date Request Filed: March 4, 2004 B. Determination MA State Name Mailing Address 01060 Zip Code City/Town State Zip Code Date Date 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 Northampton Street Address City/Town Assessors Map /Plat Number Parcel /Lot Number wpaform2.doc rev. 12/15/00 Page 1 of 5 Massachusetts dpartment of Environmental Protet -con 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 Massachusetts`_ partment of Environmental Prot ..Lion 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 Tots, 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. n R Tha Nn/nrk rtasrrihari in tha Raniiast is within tha Riiffar 7nna as riafinari in tha raniilatinns hilt 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° of Environmental Protb%,cion 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 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 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 to the appropriate DEP appl ant). Signatures. April 8, 2004 Date ned by a majority of the Conservation Commission. A copy must be sent ice (see Appendix A) and the property owner (if different from the Date Ordinance or Bylaw Citation wpaform2.doc rev. 12/15/00 Page 4 of 5 1. Street Address: _aile., Cr Pipit cL Road /near Re‘SCr V c); r ?oo-d L-1-e ,c+ t1Y- 2. Assessor's Map: N /A Parcel(s):_ Additional property description: 3. Check list of filing requirements (Check the items enclosed with this application.) A Site Plan including the following: NORTHAMPTON WETLAND PERMITTING SUBMITTAL REQUIREMENTS REQUEST FOR DETERMINATION OF APPLICABILITY File with the Office of Planning and Development City of Northampton, Massachusetts Boundary of entire lot and notation of lot area work Q Numbered wetland flags 50' AND 100' wetland buffer Mean Annual High Water line, for riverfront permits 100' inner riparian zone AND 200' outer riparian zone, for riverfront permits p. Existing structures, impervious surfaces (ie: pavement, gravel) and lawn areas Proposed hardscape (ie: footprint of addition, driveway, walkways, terraces, etc...) Existing edge of vegetation accurately measured or surveyed Proposed removal of vegetation and /or significant (8 DBH) trees within the 200' riverfront area, wetland and 100' wetland buffer. Proposed landscaping and plantings within the 200' riverfront area, wetland and 100' wetland buffer. Proposed grading, if applicable, using 2' contours Location of erosion control barrier and limit of work line Elevations in feet (not meters), for projects within the floodplain 1:20 scale, if possible l am requesting a waiver of one or more of the above requirements for the following reasons: War IC- t'5 W'`�ry) Cirri f 5 OF tre.meri 1 On che.s em eJd, Road Documentation of the date the lot was recorded, for riverfront permits Nine (9) copies of the fully completed Request of Determination of Applicability form and all necessary attachments Nine (9) copies of plans, each one folded (not rolled) and collated with an application form $85 Northampton RDA Filing Fee (check made payable to the City of Northampton) Self- addressed, business sized (no. 10) envelope We believe and understand that (initial each item below): __g __We have provided all the information required in the checklist above; __If this application is incomplete, the Office of Planning and Development reserves the right to hold back the application from public hearing until such time that it is complete; must check for the date and time of our public hearing, which will be posted on the OPD website www.NorthamptonPlanninq.orq the Tuesday following the application deadline. The schedule ca also be heard on the OPD voice mail system Friday (8 days) after the application deadline; a__If we are requesting any waivers of submittal requirements, the permitting process may take longer; __The Office of Planning and Development will send us a Public Hearing Notice stating that a Request for Determination is pending with the Northampton Conservation Commission, which we will post one property (facing the public- right -of -way) at least 5 days prior to the public hearing. The plans submitted are now in the public domain and may be copied freely in any form; and _The Conservation Commission and their representatives have permission to enter the property. Applicant (print or type?. Ki-e.yolbt Signate: Address: /25 Loc,u.d. Sj Phone: 5-rl— C2 Owner (print or type): S 4rre a.S a CJV Q Signature: Address: Phone: wpaform1.doc •rev. 02/00 OPD rev 10/03 assac setts_ Department of Envoy mental Protection Bureau of Resource Protection Wetlands Northampton City WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §O and the Northampton Wetlands Ordinance A. General Information 1. Applicant: klOr 194 D eW C/ plCu clt t@nc�toolrw .vrq Name E -M ail Address J 125 L6cu.s S t Mailing Address 1\10 tila.rn M�{ 0(066 City/Town 1 State R5 Code r37-6 x. 30 "9- 2)7.- Phone Number Fax Number (if applicable) Firm Contact Name E -Mail Address Mailing Address City/Town Phone Number Fax Number (if applicable) B.Determinations 1. I request the Northampton make the following determination(s). Check any that apply: Conservation Commission ix, 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. c. whether the mrk 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 the Northmpton vitlands ordinance e. whether the following scope of alternaties is adequate for work in the Riverfront Area as depicted on referenced plan(s). n State W) Code Note: Th Northmpton Conseration Commission requires th Northmpton Wetland Permitting Submittal Requirements chclist and a total of nine Ibollated copies of th completed Request for Determination application,includingupporti ngalans and documents,togthr ittth Northmpton filingee Includes an adurtisingee) Page 1 of 1 wpaformt.doc •rev. 02/00 OPD rev 10/03 (l Massacbsetts Department of Envonmental Protection Bureau of Resource Protection Wetlands Northampton City WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 and the Northampton Wetlands Ordinance C.Projct Description 1. a. Project Location (use maps and plans to identif�y location of the area subject to this request): Street Address Cit f /To y t l 'ke,S T,fi tri 1 Assessors Map Number (REt$tED) b. Area Description (use additional paper, if necessary): o- a,vemevt z. •1 r L I Parcel /Lot Number (REIIRED) mn p a (D-P ho ce 2 f; coa.+ pa,uc ,tn rP ti n 0l I f i e arl I• n r r i n I n iPry on po s4- r-ui-4;rm Priverr a i work. w l l take, lact 0-P 6V1 era vP a.f c. Plan and /or Map Reference(s): 1- 0 c.u.s w1a -Dew eavt✓VY1Pin t Rose-et C?,G +-er cre I d Ro a 4 Title Title Title 2. a. Work Description (use additional paper and /or provide plan(s) of work, 'if Work. LA.); 1) 2+1`1 1 re,clorm n j 8 04 P.)Y.P 1T. Co-nn ro.c U.) new eavr Mvv (a .in v14610 n c -14,1 5 ct -e.. a_ C10 ti rlc��n (1oo� yv_ar'� i' 6 tA)■11 140. y-P me) ved. �v7lvrl I_ P. pri dZ to COMr0.r3f' ed1 !-P fr.:4A/ 1:1 t o ii)�; F))1' s h .rt UJi L I k� no .•40 ,A I/'I 7 1 V r-1 rrll 4, 2 °0 L Date Date Date Page 2 of 2 wpaforml.doc rev. 02/00 OPD rev 10/03 (Th C.Proj3ct Description (cont.) I no year 4 lac)4 Fla n(\ .etv.va +ulv)s Massacbsetts Department of Enironmental Protection Bureau of Resource Protection Wetlands Northampton City WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 and the Northampton Wetlands Ordinance 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). J i nq rr� nouvit� u.) or no PnCi ()So 1Y_tCenP.S n7C` n 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. Single family house on a lot recorded on or before 8/1/96 Single family house on a lot recorded after 8/1/96 Expansion of an existing structure on a lot recorded after 8/1/96 Project, other than a single family house or public project, where the applicant owned the lot before 8/796 New agriculture or aquaculture project Public project where funds were appropriated prior to 8/796 Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision Residential subdivision; institutional, industrial, or commercial project Municipal project District, county, state, or federal government project Project required to evaluate off -site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the LS. Army Corps of Engineers or 401 Water Gblity Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and /or attach appropriate documents, if necessary.) Page 3 of 3 wparorml.doc ley. 02/00 OPD rev 10/03 Massacbsetts Department of Enironmental Protection Northampton City WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §O and the Northampton Wetlands Ordinance Bureau of Resource Protection Wetlands D.Sigatures 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 DEP Western Region Office, were sent a complete copy of this Request (including all supporting plans and documents) 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: CC ri o- f or kel rj'en Dpi Name Mailing Address City/Town State Signatures: 12. T, Lo c_u.Si St ,AA c)/(0 6 I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations, and I have included the $35 ing fee (separate check made ayable to the Daily Hampshire Gazette). /ThLCJ c 6 1 Date Signature of Applicant Signature of Representative (if any) Affidavit of Service hider the Northampton Wetlands Protection Ordinanc Applicability the following action is required: (name of person making the Affidavit) of perjury, that on /by Department of Environmental Protection 43®wight Street Suite 402 Springfield, MA 01103 Code Date e when filing a Request for Determination of hereby certify under the pains and penalties I posted a sign on the property (facing the (insert date) public- right -of -way) at least 5 days prior to the public hearing stating that a Request for Determination is pending with the Northampton Conservation Commission and indicating where additional information can be obtained. 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