190 FORT AVENUE - CONSERVATION COMMISSION Siln+'•o Vzi«�3A
Gary Jaworski
Salem Willows Yacht Club
PO Box 143
Salem, MA 01970
Dear Gary,
The Salem Park and Recreation Department is willing to
grant you permission to remove the 1000 gallon tank at the
Salem Willows once you provide us with the name of the tank
removal company and their insurance, and also a copy of the
Fire Department ' s permit and inspection results .
Once you have met these conditions, you will have our
approval to remove the tank.
Sincerely,
Doug Bollen
Director
Salem Park, Recreation & Community Services
Cc : Frank Taormina, Planning Department
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Salem,MA 01970
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SENDER: DELIVERY
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■ Print your name and address on the reverse x r't/Y! ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Dat of Del
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or on the front itspace permits. 1 A2
1. Article Addressed to: D. Is delivery address different from Rem 17 ❑Yes
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number -7ut y_Oyp NO M06 Z/533 6630
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PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15401
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3b CITY OF SALEM
9 CONSERVATION COMMISSION
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August 3, 2010
Gary Jaworski
Salem Willows Yacht Club
PO Box 143
Salem, Massachusetts 01970
Re. Determination ofApplicabibly—190 FortAvenue—Salem Willows Yacht Club UST
Removal—Salem,Massachusetts
Dear Mr. Jaworski:
Enclosed, please find the Determination of Applicability for the above referenced project. All
the work approved in this Determination must be completed within three years from the date of
issuance.
I received a letter from Doug Bollen, Director of Park and Recreation, granting you permission
to perform this work on City property. Once you install you erosion control measures as
directed in this Determination, you are permitted to start construction.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
F ank Taormna
Planner/Harbor Coordinator
Interim Conservation Agent
Cc: DEP Northeast Regional Office
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 Salem
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Salem Willows Yacht Club City of Salem Park & Recreation Dept
return key. Name Name
PO Box 143 5 Broad Street
°0 Mailing Address Mailing Address
Salem St 01970 Code Salem MA 0p 70
Cod
City/Town State Zip Code City/Town State Zip Code
�a 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Site Plan July 2010
Title Date
Title Date
Title Date
2. Date Request Filed:
July 9, 2010
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):
The removal of a 1,000 gallon underground storage tank and extension pipe. All excavation and
activities associated with the removal of tank will occur in the buffer zone. All work will be completed
in one day, and the whole will be backfilled with clean fill.
Project Location:
190 Fort Avenue (Salem Willows Park) Salem
Street Address Cityrrown
Map#45 Lot#0089
Assessors Map/Plat Number Parcel(Lot Number
wpform2.aoc•Defermineroo of rwWicahlay•rev.10/6104 Page 1 of 5
Massachusetts Department of Environmental Protection
LF—]
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) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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 or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 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
wpaform2Aoc•Determination of Applicability•rev I 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
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 (if any).
SEE ATTACHED
❑ 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.aoc•Determination of Applicability•rev.IN&0 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
1 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
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 Deter nation must signed by a majority of the Conservation.Commission. A copy must be sent
to the ap ropriate DEP gional Office (see htto://www.mass. ov/de about/reoion.findvour.htm) and the
property owner(if diff nt from the applicant).
Signa e
July 22, 2010
Date
wp90MQ.dm•Dwerminafim&Applicability•rev.10/6104 Page 4 o15
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
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 htto://www.mass.gov/deo/about/region.findvour.htm) 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 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.
wpaform2.doc•Determination of Applicability•rev.IM/04 Page 5 of 5
fat ZOW744
& CITY OF SALEM
'! CONSERVATION COMMISSION
Determination of Applicability
190 Fort Avenue(Salem Willows Park)
Salem Willows Yacht Club Undergrond Storage Tank Removal
Special Conditions
1) A letter from the City of Salem Park& Recreation Department acknowledging
and approving work must be obtained by the Salem Willows Yacht Club. Such letter must be
forwarded to the Conservation Agent prior to the start of construction at the site.
2) Siltation fencing shall be installed along the seawall from the Salem Willows Yacht Club to
the underground storage tank location.
3) Pre- and post-construction photos must be taken and submitted to the Conservation Agent,
once the project is completed.
}
Page 1 of 2
Frank Taormina
From: Doug Bollen
Sent: Monday, August 02, 2010 12:47 PM
To: Frank Taormina
Subject: RE: letter
I did get their insurance binders/
Doug
Doug Bollen
Director
Park, Recreation & Community Services
5 Broad Street
Salem, MA 01970
978-744-0180
fax 978-744-7225
dbollen@salem.com
FaCE'bOk site for Park, Recreation & Community Services
http://www.facebook.coin/home.php?#/groul).php?gid=165199245514&ref
From: Frank Taormina
Sent: Monday, August 02, 2010 12:41 PM
To: Doug Bollen
Subject: RE: letter
Thank you Doug. Once they have provided you that info please let me know.
frank
Prank Taormina
Ptannerl hfarhor Coordinator
Department of Planning&Community Development
City Hall Annex
rzo Washington Street
Salem,Massachusetts oi97o
978-619-5685(phone)
978-740-0404(fur)
w%% %salem.eom
From: Doug Bollen
Sent: Wednesday, July 28, 2010 8:06 AM
To: Frank Taormina
Subject: letter
Hi Frank,
I sent attached letter to Gary Jaworski in regards to removal of gas tank at Salem Willows Yacht Club for the Conservation
Commission.
8/4/2010
Page 2 of 2
'Doug
Doug Bollen
Director
Park, Recreation & Community Services
5 Broad Street
Salem, MA 01970
978-744-0180
fax 978-744-7225
dbollen@salem.com
Facebook site for Park, Recreation &Community Services
http://www.ficebook.co m/home.php?#/group.php?gi d=165199245514&ref
8/4/2010
CITY OF SALEM
y' CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for Determination of Applicability under the Wetlands
Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance
Pertaining to General Wetlands at the request of the Salem Willows Yacht Club, PO Box 143,
Salem, MA. The purpose of the hearing is to discuss the proposed removal of an underground
gasoline storage tank located within a Buffer Zone to a Coastal Bank and Land Subject to Coastal
Storm Flowage at 190 Fort Avenue. This hearing will be held on Thursday,July 22,2010 at 6:00
pm in Room 313, City Hall Annex, 120 Washington Street.
Davih,!P.E.
Chairman
Please advertisement on:
July 15,2010
Please send bill to:
Salem Willows Yacht Club
P.O. Box 143
Salem,Massachusetts 01970
978-744-9684 or Gary Jaworski 603-566-9592
CITY OF SALEMCONSERVATION COMMISSION WILL HOLD A PUBLIC
CITY OF SALEMCONSERVATION COMMISSION Will hold a public hearing for a Requestfor
Determination ofApplicability under theWetlands ProtectionAct, MassachusettsGeneral Laws, Chapter131,
Section 40 andSalem's Ordinance Pertaining to General Wetlands at the request ofthe Salem WillowsYacht
Club, PO Box143, Salem, MA. Thepurpose of the hearingis to discuss the proposed removal of
anunderground gasolinestorage tank locatedwithin a Buffer Zone toa Coastal Bank andL a n d S u b j e c t t o
Coastal Storm Flowageat 190 Fort Avenue.This hearing will beheld on Thursday, 7uly22, 2010 at 6:00
pm in Room 313,City HallAnnex, 120 Wash ingtonStreet. David Pabich, P.E. Chairman SN 7/15/10
Appeared in: The Salem News on Thursday, 07/15/2010
Back
City of Salem Department of Planning alt Community Development
Check/Cash Receipt and Tracking Form
Please complete lbrm and make two copies.
Date Received 9 201
Amount Received °o
Form of Payment Check Cash
CHECK PAYMENTS: # 333 )
write chedc number
CASH PAYMENTS:
write client Initials
-jSign Permit Application Fee
19(Conservatlon Commission Fee
Payment received for a Planning Board Fee
what service?
Q Old Town Hall Rental Fee
Q Other
Name of staff person
receiving payment q k
Additional Notes vjc� �- C-14KQ A — Sz[W„ w%Mows bows
® GARY W.JAWORSKI 54-491/114
PATRICIA A.JAWORSKt3331
89 JANE DRIVE (603)483-5011 /1 0
CANDIA,NH 03034 �0�
BANK OF AMERICA
MANCHESTER,NEW HAMPSHIRE
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1:0 1 140049 S1: 00000 1, 2 2 SB04u• 3 3
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Original Check and Form: DPCD Finance
Copy 1: Client
Copy 2: Application File
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form
Please complete lbrm and make two copies.
Date Received 9 201(7
Amount Received ZS, °0
Form of Payment ro Check FICash
CHECK PAYMENTS: �I
write check number 333 1 1
CASH PAYMENTS:
write client initials
0 Sign Permit Application Fee
I l( I Conservation Commission Fee
Payment received for panning Board Fee
what service?
0 Old Town Hall Rental Fee
0 Other
Name of staff person
receiving payment qy�'4k r rM7 64
Additional Notes
GARY W.JAWORSKI
54A9/114
PATRICIA A.JAWORSKI 3331
89JANE DRIVE (603)483-5011
AISCANDIA,141403034 ,QOLo-
sf,z _
BANK OF AMERICA
MANCHESTER,NEW HAMPSHIRE
11 �
1.0414001.1951.0 00000 1 2 2 580411' 3 3 M
I
Original Check and Form: DPCD Finance
Copy 1: Client
Copy 2: Application File
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
WPA Form 1- Request for Determination of ApplicabiliCityfrown
ty
PS+ P P
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40
E C, 7f
A. General Information JUL 0 9 2010
Important: DEPT.OF PLANNING$
When filling out 1. Applicant:
forms on the COMMUNITY DEVELOPMENT
computer, use Salem Willows Yacht Club
only the tab key Name E-Mail Address
to move your PO Box 143
cursor-do not Mailing Address
use the return Salem MA 01970
key. Citylrown State Zip Code
dV—�
684
Phone Number
Fax Number(if applicable)
2. Representative(if any):
N/A
Firm _—...._.,_-
Gary Jaworski GaryJaw@comcast.net
Contact Name E-Mail Address
89 Jane Drive
Mailing Address-
Candia NH 03034
City/Town State Zip Code
603 566 9592
Phone Number Fax Number(if applicable)
B. Determinations
1. I request the Conservation Commision make the following determination(s). Check any that apply:
Conservation Commission -
❑ 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 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:
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wparorml. o Page 1 d4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
WPA Form 1- Request for Determination of Applicability Cityrrown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location(use maps and plans to identify the location of the area subject to this request):
190 Fort Avenue, Salem Willows Park Salem
Street Address City/rown
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Salem Willows Park, southeast of Salem Willows Yacht Club and northeast of the Salem Willows
Park pavillion.
c. Plan and/or Map Reference(s):
Site Location Plan July, 2000
Title Date
Site Plan July, 2000
Title Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary):
Removal of a 1,000 gallon fiberglass underground gasoline storage tank(UST)and associated
piping. Excavation to be backfilled with sand and gravel. Affected area to be loamed, hayed and seeded.
All work will be accomplished in one day and there will be no open excavations overnight.
The UST was installed in 1985. In 1998, a tank monitoring system was installed(per DEP requirements)
and since that time daily inventory reconcilliation reports have indicated no releases have occurred. We
will retain a properly licensed and experienced UST removal contractor and employ the services of a
Licensed Site Professional(LSP)to oversee the removal and properly document any signs of
contamination, although we don't expect any based the monitoring system reports.
wpa(orrni.doc Page 2&4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
WPA Form 1- Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Actor 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).
Minor activity in a buffer zone.
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 817/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ 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 U.S. Army Corps of Engineers or 401 Water Quality
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.)
wpaforml.dm Page 3 of 4
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
WPA Form 1- Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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.
1 further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office 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.
Salem Willows Yacht Club, Inc.
Name
PO Box 143
Mailing Address
Salem
Cityrrown
MA 01970
State Zip Code
Signatures:
1 also unde d that notification of this Request will be placed in a local newspaper at my expense
in accorda i Section 10.05(3)(b)(1)of the Wetlands Protection Act regulations.
7/8/2010
Si tune of Ap licant Date
Signature of Representative(if any) Date
wpaformt.dm Page 4 d 4
City of Salem, MA 7/8/2010
Interactive Map
Site #
on
M�
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664 P
^ feet
Property Information
Property ID
Location
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Because of different update schedules,current property
assessments may not reflect recent changes to property Locus Plan July, 2010
boundaries.Check with the Board of Assessors to confirm
boundaries used at time of assessment
Google Maps rage i or t
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Google' ma pg �\ To see all the details that are visible on the
0 r screen,use the"Print"link next to the map.
Get Directions My Maps Print Send Link
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Underground Piping
1,000 gallon UST Location
Salem Willows Park Pavilio
Site Plan July, 2010
Scale: Approximately 1 inch=40 feet
http://maps.google.com/maps?f=s&utm_campaign=en&utm_source=en-ha-na-us-bk-gm&ut... 7/8/2010