DOA AMTRAK ROW 2/2000 - CONSERVATION COMMISSION CoA - A,ti,�ak 1�-�iw, 2/2'�oa
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310 CMP. 10. 99 DEP File No.
(To be provided by DEP)
Form 2
City/Togo §alem
Applicant TEC Associates
cosmionweal th
of Massachusetts Date Req—t Filed Jan-21, 2000
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c . 131, 540
From Salem Conservation Commission Issuing Authority
To War;ae�Bu€tett, T®c'.A�soc; rag. Amtrak
(Name of Person making recuest) (Name of property owner)
Address 46 Sawyer St. , SouthBortland Address 32 Cobble Hill Road
Maine, 04106 Somerville, MA U214-i
-
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
[ by certified mail, return receipt requested on pph in 2000 (date)
Pursuant to the authority of G.L. c.131, §40., the
has considered your request for a Determination of Applicability 'and its sup-
porting documentation, and has made t'.^.e following determination (check whichever
is applicable) :
Location: Street Address Amtrak Right-of-Way
Lot Number:
This Determination is positive.
1 . ❑ The area described below, which includes all/part of the area described
in your recuest, is an Area Subject to Protection Under the Act.
Therefore, any removing, filing_ dredging or altering of that area
requires the filing of a Notice of Intent.
2 . ❑ The work described below, which includes all/part -of the work described
in your request, 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.
2-1_
_ffective 11/10/89
3 . ❑ The work described below, which includes all/part of the work described
in your request, is within the Buffer Zone as defined in the regulations.
and will alter an Area Subject to Protection Under the Act. Therefore,
said work requires the filing of a Notice of Intent.
This Determination is negative:
1 . ❑ The area described in your request is not an Area Subject to Protection
Under the Act.
2. The work described in your request is within an Area Subject to Protection,
Under the Act, but will not remove, fill, dredge, or alter that ares.
Therefore, said work does not require the filing of a Notice of Intent.
3 . ❑ The work described in your 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.
4 . The area described in your request is Subject to Protection Under the Act,
but since -the. war)w described therein meets the requirements for the .
following exemption, as specified in the Act and the regulations, no
Notice of Intent is required:
Issued by Sklem Conservation Commission
S' at _ (s)
zf) fa2Glh�tiJ
This Determination must be signed by a majority of the Conservation Commission.
On this 10th day of February r. ,x 2000 before me
personally appeared the above Mentioned to me known to be the
person described in, and who executed, the foregoing instrument, and
acknowledged that he/she executed the same as his/her free act and deed.
tary Public My Commissi Expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the 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 Department of Environmental protection to issue a Superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shall at the sank time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
ICONSULTN
129 TEC ASSOCIATES ENGINE RISG
C �V%D
11 August 2000 'ALCM
PL/,(llNINII(
Salem Conservation Commission
1 Salem Green
Salem, MA 01970
RE: RDA for Amtrak
Dear Commission Members :
We have not received the Determination of Applicability that you
issued for Amtrak' s vegetation control program. Kindly forward us
a copy at your earliest convenience . Thank you.
Very truly yours,
TEC ASSOCIATES
Way?7 Duffett
CC : Eli Mistovich, Amtrak
46 Sawyer Street P.O. Box 2747 South Portland, Maine 04116-2747
207/767-6068 FAX 207/767-7125
Massachusetts Department ofEnuironmenta/Protection
Bureau of Resource Protection- Wetlands
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G L. c. 131, §40
Please type or
print clearly all Genera//nformation -
information
requested on this 1. Applicant: 2. Representative(if any):
form. TEC Associates
TEC Associates
Name Flim
46 Sawyer Street Wayne W. Duffett
Mailing Address ComaaName
South Portland 46 Sawyer Street
City/Fown Mailing Address
Maine 04106 South Portland
518te Zip Code Ciry/Jowo
207-767-6068 Maine 04106
PhaneNum&T State Zip Code
207-767-7125 207-767-6068
Fix Number(ifapphoble) Phone Number
tec@nlis.net 207-767-7125
E-MailAddmss plapplicable) Fax Numbfi(ifapplicable)
tec@nlis.net
E-m dAddress Afapplicable)
Determinations ❑ D.whether the area and/or work described and/or
1. As the applicant, 1, request that the depicted on plan referenced below is subject to the
jurisdiction of any municipal wetlands protection law or
Salem bylaw of
Cons aeon Commission
make the following determination(s) (check any that Name o/Municipality
apply):
❑ A.whether the area depicted on plan(s)and/or map(s) ❑ E.the scope of alternatives to be considered for work
referenced below is an area subject tojurisdiction of the (described below)that is located in the Riverfront Area.
Wetlands Protection Act,
0 B.whether the boundaries of resource area(s)
indicated and depicted on plan(s)and/or map(s) referenced
below are accurately delineated.
❑ C.whether the work described and/or depicted on plan
referenced below is subject to the Wetlands Protection Act.
Project Description
1. The project location is described as follows. (Use map(s) b. Area Description(use additional paper if necessary):
and/or plan(s)to identify the location of the area subject to
this request.)
Amtrak Right-of-Way
a. Location:
5treetAddress -
Ciry/Fown c. Plan and/or map reference(s) (list title and date):
Amtrak Wetland Delineation
Assess Map/P131s Pamel/[as USGS Map and Track Chart
om, 1niaA PARA 1 of I
Massachusetts Department ofEnvironmenta/Protection
Bureau of Resource Protection- Wetlands
WPA Form -1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Project Description (cont.)
2. The proposed work is described below. (If needed,provide 3.a. If this application is a Request for Determination of
plan(s)of work.) Scope of Alternatives for work in the Riverfront Area,
indicate the one classification below that best describes the
a. Work Description(use additional paper,if necessary). project.
❑ Single family house on a lot recorded on or before
No work is proposed within wetland resource
8/1/96
areas. Vegetation control will conform to the ❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on lot recorded after
guidelines set forth in the Massachusetts 8/1/96
Rights-of-Way Management Regulations ❑ Project,other than a single family home or public
project,where the applicant owned the lot before 8/7/96
(333 CMR 11.00)and the preface to the
❑ New agriculture or aquaculture project
Wetlands Protection Regulations(333 CMR ❑ public project where funds were appropriated prior to
8/7/96
10.00) relative to rights-of-way management.
❑ 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
b. Exemptions. Identify provisions of the Wetlands
Protection Act or regulations which may exempt the ❑ Residential subdivision;institutional, industrial,or
applicant from having to file a Notice of Intent for all or part commercial project
of the described work(use additional paper,if necessary).
❑ Municipal projects
310 CMR 10.03(6)(b) Presumption Concerning El District,county,state,or federal government project
❑ Project required to evaluate off-site alternatives in more
Application of Herbicides 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
310 CMR 10.05(3)(a)(2) Requests for Department of Environmental Protection.
Determination of Applicability 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.
310 CMR 10.58(6)(a) Exempted From
Requirements for the Riverfront Area
omr to/oa Pan.7 of 7
Massachusetts Department ofEnkionmenta/Protection
Bureau of Resource Protection- Wetlands
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Signatures:
Request for Determination of Applicability and accompanying
plans,documents,and supporting data are true and complete I also understand that notification of this Request will be placed -
to the best of my knowledge. in a local newspaper at my expense in accordance with Section
10.05(3)(b)(1)of the Wetlands Protection Act regulations.
I further certify that the property owner, if different from the
applicant,and the appropriate Department of Environmental
Protection Regional Office(see Appendix A)were sent a
complete copy of this Request(including all appropriate ^ 1/11/2000
documentation)simultaneously with the submittal of this
Request to the conservation commission. signatureofApplic t nate
Wayne . Duffett
Failure by the applicant to send copies in a timely manner may
result in dismissal of the Request for Determination of Print Name
Applicability.
The name and address of the property owner:
Amtrak
Name
32 Cobble Hill Road
Mailing Address .
Somerville
City/Tawn
Massachusetts 02143
state Zip Code
P., intoa
Pana 7 of 7
Vti a F7�
122 TEC ASSOCIATES ENGINEERS
RECEIVED
K jt,1,1 21 AM IS: 50
11 January 2000
SALEM
PD\NNING DEPT
Salem Conservation Comm.
1 Salem Green
Salem, MA 01970
RE : Request for Determination along Amtrak Right-of-Way
Dear Commission Members :
During the winter of 1994/1995 your Commission inspected and
approved a delineation of wetlands along Amtrak ' s right-of-way.
The determination that was issued has allowed Amtrak to conduct
vegetation management activities in accordance with the
Commonwealth of Massachusetts Rights-of-Way Management Regulations
(333 CMR 11 . 00) and Amtrak ' s Vegetation Management Plan (VMP) .
Each year since the determination was issued you have been supplied
with Amtrak ' s Yearly Operational Plan (YOP) and updates to the
delineation as necessary.
Amtrak' s VMP expired on 31 December 1999 and is now in the process
of renewal . In accordance with the Wetlands Protection Act ,
determinations of applicability issued for work conforming to 333
CMR 11 . 00 are in effect for the life of the VMP and must be renewed
with the VMP. Accordingly, I have enclosed a Request for
Determination to renew the wetland delineation along Amtrak' s
right-of-way in Salem. There are no changes proposed in the
delineation. You should consider a negative number 5 determination
citing 310 CMR 10 . 03 (6) (b) and 310 CMR 10 . 58 (6) (a) as the
exemptions . Your earliest consideration of this request would be
appreciated. Please advise me of any filing fee we may need to
submit . If you have any questions, please do not hesitate to call .
Very truly yours,
TEC ASSOCIATESj�
Wayne . Duff tt
Enclosures
CC : Regional Office, DEP
Eli Mistovich, Amtrak
46 Sawyer Street P.O. Box 2747 South Portland, Maine 04116-2747
207/767-6068 'FAX 207/767-7125
KEY
SPRAY AREAS AS DELINEATED ON TRACK CHARTS
Upland areas and/or lengths of track without
Proximate sensitive areas. Sensitive areas that
are readily identifiable in the field are not
included.
This is a "no-spray" area. Herbicide spraying is
prohibited. Includes lengths of track within 400
feet of a public water supply wellhead, 100 feet
from a public surface water supply, a 50 foot
radius around a private well, and 10 feet from the
edge of standing or flowing water or wetlands.
This is a "limited-spray"- area. Spraying is
restricted to one annual application of an
herbicide through low-pressure foliar
techniques. Includes lengths of track between 10
and 100 feet from the edge of standing or flowing
water or wetlands.
This is a "limited" spray area. Spraying is
restricted to one application every other year of
an herbicide through low-pressure foliar
techniques. Includes lengths of track within a
0 . 5 mile radius around a public water supply
!wellhead, between 100 - 400 feet from the edge. of
a public surface water supply, and between 50 and{
100 foot radius around a private well .
WELL SYMBOLS AS INDICATED ON THE USGS MAPS
G. Public Well
® Private Well
PWS Public Water Supply
PRA Primary Recharge Area (Zone II)
To
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,PT JON Coy
Vy Conservation Commission
Salem, Massachusetts 01970
4fASSAGHJS
City of Salem
Conservation Commission
Will hold a public hearing 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 TEC Associates, 46 Sawyer Street South Portland, Maine.
The purpose of the hearing is to discuss the proposed vegetation control along the Amtrak
Railroad Right-of-Way. This hearing will be held on Thursday, February 10,2000 at 7:00
p.m. in the second floor conference room at One Salem Green.
Mark George
Chairman
February 3, 2000
Please send bill to:
TEC Associates
46 Sawyer Street
South Portland, Maine 04106