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8 HARBOR VIEW TERRACE - CONSERVATION COMMISSION (2) R�� g ��cba r v i cr..l 'f�c`�`CC� �_ _ O \ Massachusetts Department of Environmental Protection 15A� — Bureau of Resource Protection -Wetlands CkyrToN n WPA Form 1 - Request for Determination of Applicability 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): 8 TmkAeE aarr&O y StreetAddressr� r� `2 3 TO ParceVLo1 Number Assessors Map/Plat Number b. Area Description (use additional paper, if necessary): PAVIM Aoav Ats)b "OOSELO-C i4)glc4 Al2 wttWN 51 fP ZVA\C O-F7- SikLQ-1 IEAPabyR �►�iV�G41Ji� TD 13E [N UPLAdVDS. c. Plan and/or Map Reference(s): Date Title gt "D�2JIHti TEizKAtE EK 6 E10=9-f>UW A+Jb IFvec,'E MM N (NSVftLLATlX>O — 2 26 (02 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): P. —A\W-ncW Of— E1UbtIN&- CJ�SSfODIL MLAG.FNVtC: OP CBSP=— willf SM,AGE E.IEZTDR— PvMP � Fb2_�4ND INST/kLJ XrI QE lYz` D6ulnP[,� flM 1-0 BE- CoNMCMEI� TO P-M-11�t� C� ttY Spin. 10 LAFAl e-fTC s'i'QEE I" 1%sTue&Aa E: Wim- s -rem foe"-Y., T¢�c^I x t 1 -cv AE 5E>E�� AND f�tulr NED A P1'l;'(Z Ott 1Fi W Q6 ALL (00 mJ A-e-TMV IV PsE M� 'ta P t9F8f1L5ANYn�, AQfiz K(KAf ay 1BFE>='f INs7+4u » A-r- TOP of hAt.V— AN`l 1194F. 5zC-k�PtLzS T-D L'>'- L-"CX�D ti"I"T P�ASnc. 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). 310 CMP, /056606e) ('ilNOQ kloDlFtclt+fl�N Iht�O �e �Pfr�A9fs DF semis- syl-T" Pepe 2 014 WPAFa l Rev.02100 Massachusetts Department of Environmental Protection .�� Bureau of Resource Protection -Wetlands ca'lT01A n WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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 8/7/96 ❑ 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 p 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.) Page 3 of 4 WPAFo i Rev.02100 bell Massachusetts Department of Environmental Protection City/Town Bureau of Resource Protection -Wetlands WPA Form 1 - Request for Determination of Applicability g 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. 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: S� Name J CA f p ✓ ' � � 9/� 4 �414rr � �7�rf 7L Mailing Address CitylTown Zip Code State Signatures: 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. Signatu o Appl' nt L Date 2 2(, /o L Signature of Representative in any) Date Page a of a WPA Fo I Rev.02100 pill i 1 +•�. 4�\,� .t ii:� //1'^.i. ietla 4;r*1� j° Oel� ffiy� ,�y� •� e'R• iMT, 19: yA I.+1�� ) l ��a�"11 • Com' l � � %�� A ,S 1 _ P_� __ .w r . aC,v k \. 'A. �'/ ^� 8 _ ��1 � ® y 1"'�,,6.i� �1 a `�� ♦ �- 1 .11 111 11 111 & ' 1 1 f � F �• � I c Postal CERTIFIED MAIL RECEPT (Domestic Mail Only;No Insurance Coverag�Provided) a .a Article Sent To; c13 Postage $ >- Certifietl Fee ostmeM Return Receipt Fee ! Mere (Endorsement Requiretl) i. ^0002 O Restnetetl Delivery Fee M (Endorsement Requited) O O Total Postage&Fees $ ' S m Name(Please Pnnt Clearly)(to be completed by mailer) O' St[, gt.No.;MBox No C O Ci N.State.ZIP+4.__........____........__._.__......_.............._._...._ '` S�w,1 w�6� UIS1� Certified Mail ProvVes: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ' ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of tlelivery.To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery'may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage PovddA) u, Article�Sent '43 Postage $ G. S Certified Fee 'vi99 dP tmark Return Receipt Fee ere 0 (Endorsement Requiretl) D d � � Restncted Delivery Fee O (Endorsement Requiretl) 17 Total Postage&Fees S Name(Please Pnn(CleatlyJ(fo be com M p— Streeq Apt No.;or Po Box No. P' O -CM State,ZIP+4-----"""""--------------------------------------------------------------- N Certified Mai! Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ' ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery'. ■ If a postmark on the Certified Mail receipt Is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 h Postal CERTIFIED MAIL RECEIP (Domestic Mail Only;No Insurance Co�erlge�bovided) 1131 0 Er I[ Er Postage $ xll_q�ko,932 e �- certified Fee ,O_ 7Y Postmark CO Return Receipt Fee Here O (Endorsement Required) 002 0 Restricted Delivery Fee 17 (Endorsement Required) 00,O O Total Postage&Fees S m Name(Please Print Clearly)(to be comple a mail Er Street,Apt.Na.;or PO Box Nn IIV ry --------------------------------------------o�r Er ,U - irere,ZIP+ ------------------------ Certified Mail Proviles: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mail piece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 a d' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability „w �+ 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 Sophia Lereau By Kevin Daly Power of Attorney Same return key. Name Name Church Street 1111110�� Mailing Address Mailing Address - Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: 8 Harbor View Terrace, Sewage Ejector Pump and Force main 2/26/02 Installation Final Date(or Revised Date if applicable) Title 2. Date Request Filed: February 28 2002 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): Work related to the excavation and removal of.an existing cesspool at 8 Harbor View Terrace. The cesspool will be replaced with a sewage ejector pump, which will be connected to an existing gravity sewer line located on Lafayette Street. Project Location: 8 Harbor View Terrace Salem Street Address City/Town _ Map 32 Lot 378 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability ,w 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 WPA Form 2 Page 2 of 5 Rev.02100 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). 1. The Conservation Commission shall be notified 48 hour prior to the commencement of work. 2. Erosion controls shall be installed and inspected by the Con Com Agent prior to the commencement of work. ❑ 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. WPA Form 2 Page 3 of 5 Rev.02100 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.) ❑ 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 tN 21 2cr0 Z Date Date —T 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 majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signature 2- Date WPA Fo 2 Page4ar5 Rw.02100 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 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. NPA Forth 2 Page 5 of 5 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town — WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information IWh n filling out 1. Applicant: S o Q forms on the Kz? computer, use Name —T E-Mail Address(d applicable) only the tab key 3Z C440�_� 5.5177to move your cursor-do not Mail'n Address use the return sprl-2-� � �I 9-0 key. CityRo n State Zip Code �4�"aSOo m Phone Number Fax Number(it applicable) 2. Representative(if any): FirthDn� Amq> 1' rn 1� �n �, G E-Mail Address(rf applicable) Contact Name 3Z 59PA S� Mailing Address PIA— Ot 5 cityrry�n� State Zip Code I* 4 WD 14 0) Y Phone Number Fax Number(if applicable) B. Determinations 1. 1 request the 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 maps) referenced below are accurately delineated. l/ 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). L Page t M4 WPAFo l R..02100 �X►��Nt'� ��1 b t I jyl OL Two"A TV Gvaa�c2V�^-} i. won*." Iow.- woom now `wed ^u .w. � t > kSlltab SV%IA1L p6m° l ES BANK� ♦ i I16A WME2El -Tof Or- ,,hNy— o'eikra } ✓icX►�'flWtr G�.SS st y,. -7D BE } } RPf"mAVELY 0 FW7 R '►aPESD Aacrb RIEPLACT--D �. "A 'POMP m3Ns FRC&W GON L MEASURES (E-ON> NMS PACYg6,E.i/ Oe-E-QL*L) -LLS�IA��-VI� CE -mr>c 105T En A� ToP CF=OANK. �FyJR(SF E G�D�WM E1U5f1N�S�1[,tti A+-00�SE)NWA4'D ELSE of PAPre-L AND FoRc.E MAIN S")eV-- 1K) �,►t;pzs , 1)AP 2-26/D Z- ell i k w « p Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability i 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 Sophia Lereau , By Kevin Daly Power of Attorney Same return key. Name Name Church Street 20Mailing iling Address Mailing Address Salem MA 01970 City/Town State Zip Code CityRown State Zip Code 1. Title and Date of Final Plans and Other Documents: 8 Harbor View Terrace, Sewage Ejector Pump and Force main 2/26/02 Installation Final Date(or Revised Date if applicable) Title 2. Date Request Filed: February 28 2002 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): Work related to the excavation and removal of an existing cesspool at 8 Harbor View Terrace. The cesspool will be replaced with a sewage ejector pump, which will be connected to an existing gravity sewer line located on Lafayette Street. Project Location: 8 Harbor View Terrace Salem Street Address Cityrrown Map 32 Lot 378 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands y, WPA Form 2 — Determination of Applicability zb Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 vY`w. 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 WPA Form 2 Page 2 of 5 Rev.02100 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.) ❑ 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). 1. The Conservation Commission shall be notified 48 hour prior to the commencement of work. 2. Erosion controls shall be installed and inspected by the Con Com Agent prior to the commencement of work. ❑ 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. WPA Fc.2 Page 3 of 5 Rev.02100 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.) ❑ 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 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 majority of the Conservation Commission.A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures i Date WPA Fo 2 Page 4 of Rev.0200 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands y WPA Form 2 — Determination of Applicability W." 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 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. NPA Form 2 Page 5 of 5 Rev.02100 v City of Salem Conservation Commission Will hold a public hearing for a Request for a 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 Sophia Larean,through Kevin Daly, Power of Attorney, 32 Church Street, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the excavation and removal of an existing cesspool at 8 Harbor View Terrace. The cesspool will be replaced with a sewage ejector pump, which will be connected to an existing gravity sewer line located on Lafayette Street. This hearing will be held on Thursday, March 14, 2002 at 7:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin Cornacchio Vice-Chairman March 7, 2002 Please send bill to: David Pabich, P.E. 32 Broad Street Salem, MA 01970 978-430-1498 t , Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands City/Town — WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information When filling out 1. Applicant: S Q h i 'q forms on theKEQ ✓ C r > F 'T r n e computer, use Name E-Mail Address(it applicable ) only the tab key 2 7, CAL)"A to move your J 5.517- cursor-do not Mailin,gg Address use the return J�L[�1 � � �t a)rt-O key. Cityrro n State Zip Code 4s) q45-aSOD � Phone Number Fax Number(if applicable) 2. Representative(if any): Firm DAN it> P�)C9 P E Contact Name E-Mail Address(d applicable) 3Z 32oAp s Mailing�Address K AM - C�,R Statex Zip Code mr*)g�0 PgI) Phone Number Fax Number(if applicable) B. Determinations 1. 1 request the is L 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). Page 1 of 4 WPA Forml R..02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands c�/r0w— WPA Form 1- Request for Determination of Applicability 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): 8 dwepq—V,ew TMCAeF BALe" Street Address City/rown Assessors Map/Plat Number - ParcellLot Number b. Area Description (use additional paper, if necessary): PAV9V P4o mp A-K)b AOOWt�Cr—' to441c4 Af e- W LOVA J 5VWeV— 2 MC 0-17- SALO -1 i4At4bv12-. - O aE- tN tJeLANOS. c. Plan and/or Map Reference(s): B 14AP-ecie-utero TMAJV- e Srr1= L Cc S LZ i, Loz Title Date $t/^D�-ZJIt31� T6A,RAGE Att6 E�fr`uyl�PvraP k FV C.E MPdN IMVVAI LArTL04► 2 26lo2 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): l?YCAq*,1la3 OF— EtVStIN(r aeSSYc»L- REP OF CBSPtOL- WIV Silt7ftGE 6SEZ1Z* PvMP F?Q-. W 1z*J foe—A"D 10SMALL.MCr� QE--- Om FOm -ro Bf- amamdm> t o P-m n of tT CzPA4 fry SEWe� ttJ LA�FM ETrE S^t 2E� f Dt5[y?BP�.It E Wu t- �E -remit aYY"I N -ry gv6 5):EDEU A�+D MuLGHEb APrE�R �Att- fill tfJG ALL Cow<RkxMaO AC MV `fb ez NF 'M r OFEf1�MIKPtEt�1, PQftzot tng�ELY IbFEVT A:6 t- 14 itDF � 13lLl' �1 -T� tM51AUjm ar To(> OP . NV-. Aay gbmP. S-ine�ttZ:> Tai CZ74EVEDvQ>I� } Putgnc. 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). 310 CM2 /0,56 CO 166) Mwtx1- tYlaptFit.A�[),oN trtPQovi�t�vPr��oE OF ss:Pn� sYS1tM Pegs 2 of 4 WPA F.1 Rev.02= 1 Massachusetts Department of Environmental Protection SA(-2VJ Bureau of Resource Protection -Wetlands City/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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 8/7/96 ❑ 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 p 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.) WPA Fmm1 Page 3 d 4 R".02= t Massachusetts Department of Environmental Protection ��(�� --m Bureau of Resource Protection - Wetlands City/Town WPA Form 1 - Request for Determination of Applicability 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. 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: SST Name // Mailing— Address City/Town rn State Zip Code Signatures: 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. Signatur o Appl' nt Date 2- ;VIIOZ signature of Representative(if any) Date Pape 4 of 4 WPA Fortnt Rev.�Ipp Topame-The Web's Topogaphic Map wymwyg://514/http://www.topozF Ta4k Is UTM �f5�2�.. � i.T"J F l '�J• laI �fV 1 V 4 Z� fix. h .x �`Y .. r » t�. .[4 ✓r r � ' � F >� utr�n a [ t r r: \;,�yb1 meq' "�`"-vw r '. a • �' _ '� nab #.' 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SALEM, MA 01970 DATE- PAY ATE PAY TO THE ORDEROF LARS 8 , 8 o Sovereign Bank i 1 MEMO 1:0LL07SLS0a7L00002500Ell's OSS9 UNITED STATES POSTAL SERVICE First-Class Mail USPS e 8 Fees Paid , Permit No.G-10' i • Sender: Please print your name, address, and ZIP+4 in this box Y i Salem Conservation Commission 120 Washington Binot,IN M j I, Salem,MA 01810 I I KDks�a.,�,v1aJ . COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Rec y ase Print Clearly) S. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C Signa ■ Attach this card to the back of the mailpiece, X 13Agent or on the front if space permits. - ❑Addressee s 1. Article Addressed to: n item 1? El Yes VES,enter tleliv a s b a O No Ult Flif F, 3. Service Type �j ified Ma v 13 Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number S caZi ��6 / e1 O `, (trans/er Irom service label) $ PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd FI 7 Salem,MA 01970 %co f tr . . Iilnnnlllatfit,ail„1 1 1111111411 1 fill flsill]till]11111il COMPLETE •N COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. 2 ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X '17"Kgent or on the front if space permits. ❑Addressee D. Is delivery a dress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 07TT-- r-cAu'r1 V" '� 0V n 3. Service Type Certified Mail ❑ Express Mail O'Negistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number t/ (Transfer from service label) Q c` 3 6 UU Dv y�6 S(' PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-14241 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation commission 120 Washington Strost,3rd f l Salem,MA 01090 F-7 '' \� [TI l �+'7 SENDER: DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item-4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. qDWre ■ Attach this card to the back of the mailpiece, X �. ❑Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: CI No 'ZoS V°c V O /� 3. Service Type NO V�ab'� 1 ��\( a fied Mail ❑ Express Mail LJ FIL+gistered ❑ Return Receipt for Merchandise \ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number C _/ (Transfer from service label) �V 1 jW �� D y$G� -16 PS Form 3811, March 2001 Domestic Return Receipt 10259501-M-1424