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PAN AM RIGHTS OF WAY ROA - CONSERVATION COMMISSION r-�- !� Par �� K��'�hd-S � way R��J J Massachusetts 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 A. General Information Important: When filling out 1. Applicant: forms on the Pan Am Railways Inc. computer, use only the tab key Name E-Mail Address to move your 1700 Iron Horse Park cursor-do not Mailing Address use the return North Billerica MA 01862 key. City/Town State Zip Code 413 774-6137 rQ Phone Number Fax Number(if applicable) 2. Representative (if any): Keith Morris Firm Keith Morris keithlmorris@comcast.net Contact Name E-Mail Address 622 Spring Street Mailing Address Leeds MA 01053 City/Town State Zip Code 413 584-0633 413 584-0633 Phone Number Fax Number(if applicable) B. Determinations 1. 1 request the Salem 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). wpaforml.doc Page 1 of 4 ML7assachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town 1 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): Pan Am Inc. Rights of Way Street Address City/Town see attached plans Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area consists of Pan Am's Rights of Way in the community. See attached plans and site locus for location. c. Plan and/or Map Reference(s): Sensitive Area Marking Key Pan Am Railways Inc. Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The applicant is requesting verification of the wetland boundaries as defined in the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131 Section 40 and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. The sensitive areas have been delineated in the field by a color coded system approvedc by the MDAR. The system involves painting the railroad ties as described in the attached additional information and Figure 2. This application is for the verification of wetland boundaries only and not for the actual application of herbicides. Prior to the application of herbicides a Yearly Operational Plan (YOP) is submitted to each community and there is a 45 day review and comment period. Approval of the color coded tags is for the purpose of herbicide application only as per MWPA 310 CMR 10.03 (6) (b). naforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem L71 City/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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). MWPA 310 CMR 10.03 (6). 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 ❑ 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.doc Page 3 of 4 Massachusetts 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. I 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: Pan Am Railways Inc. Mr. Robert Swayne Jr. Chief Engineer, Track and Structure Name 1700 Iron Horse Park Mailing Address North Billerica Citylrown MA 01862 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. ;tv�& 4-11-11 atur of Applic Date 'A- 4-11-11 �i Aaturebf a resentative(if any) Date k wpaformt.doc Page 4 of 4 ADDITIONAL INFORMATION PAN AM RAILWAYS, INC. Purpose The purpose of this Request for a Determination of Applicability (RFDA) is for verification of sensitive areas along Pan Am Railways, Inc. rights-of-way (ROW) as per Massachusetts Department of Agricultural Resources (DAR-) Pesticide Board Regulations 333 CMR 11.00. The purpose of these regulations is for the use of herbicides, as allowed, in the maintenance of the ROW within the state of Massachusetts. Sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131, Section 40, include: (a) Any bank, the ocean any freshwater wetland any estuary any coastal wetland any creek any beach bordering on any river any dune any stream any flat any pond any marsh or any lake any swamp any riverfront area certified vernal pool any riverfront area (b) Land under any of the water bodies listed above (c) Land subject to tidal action *Marking System Used To Identify Sensitive Areas in Field A color coded marking system was implemented in the field to allow herbicide applicators to identify the locations of sensitive areas adjacent to the roadbed. Specific railroad ties and rails were painted according to the following color scheme: Yellow - Limits of no spray zone. Represents a point on the railroad tracks that is a minimum 10 feet away from an area subject to protection under the MWPA 310 CMR 10.02 (1) (a) - (e) ( bordering vegetated wetlands, streams, ponds, etc.). No spraying is allowed between the yellow ties. Blue- Limits of buffer zone and restricted spray zone. Represents a 100 foot buffer zone from a resource area or no spray (yellow) marker, or the limits of the 200 foot riverfront area. In the restricted spray zones, herbicides can only be applied selectively by low pressure (< 60 psi) foliar application or stem application. At this time, the railroad treats the entire right of way as a restricted spray zone, therefore, only the no spray markers (yellow) zones are updated each year. White - Sensitive area warning marker. Indicates that the applicator is either entering or leaving a restricted spray zone. White markers are always adjacent to a blue tie. See Figure 2 for further information. DRAINAGE DITCHES Drainage ditches are an important component of the railroad right-of-way. If properly maintained, these ditches carry stormwater away from the tracks insuring that the bearing capacity of the soils under the rail bed is not reduced. Proper maintenance of the road bed includes keeping the ballast free of vegetation and sediments, and insuring that flow in the drainage ditches is not impeded. There are areas where ditches were not maintained in the past. In these areas water tends to pond and hydrophytic (water loving) vegetation predominates. This condition reduces the bearing capacity of the soils under the rail bed which decreases the stability the tracks. In the wetland delineation process, drainage ditches which contained wetland vegetation and a direct hydraulic connection to a viable wetland were considered regulated and the tracks marked accordingly. Drainage ditches that were not connected hydraulically shall be maintained with herbicides or by mechanical means. No herbicides shall be applied to any ditches if water is present. ''ll` WETLAND AREA LllL oll, �1llt �JL Ila Ila RESTRICTED �� RESTRICTED SPRAY ZONE �� SPRAY ZONE NO SPRAY ZONE cif NO SPRAY ZONE White Blue Yellow Yellow Blue White Tie Marker Key _ Figure 2 Yellow = Limits of No Spray Zone SPRAY ZONES Blua = Limits of Buffer, / Restricted spray Zone N. T. S. White = Sensitive Area Warning Marker , jli y Wetland Area ADDITIONAL INFORMATION NEW ENGLAND CENTRAL RAILROAD COMPANY Purpose The purpose of this Request for a Determination of Applicability (RFDA) is for verification of sensitive areas along New England Central Railroad Company's right-of- way(ROW) as per Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. The purpose of these regulations is for the use of herbicides, as allowed, in the maintenance of the ROW. Sensitive areas, as they pertain to the Massachusetts Wetlands Protection Act (MWPA) MGL Chapter 131, Section 40, include: (a) Any bank, the ocean any freshwater wetland any estuary any coastal wetland any creek any beach bordering on any river any dune any stream any flat any pond any marsh or any lake or any swamp (b) Land under any of the water bodies listed above (c) Land subject to tidal action *Marking System Used To Identify Sensitive Areas in Field A color-coded marking system was implemented in the field to allow herbicide applicators to identify the locations of sensitive areas adjacent to the roadbed. Specific railroad ties and rails were painted according to the following color scheme: Yellow - Limits of no spray zone. Represents a point on the railroad tracks that is a minimum 10 feet away from an area subject to protection under the MWPA 310 CMR 10.02 (1) (a) - (e) (bordering vegetated wetlands, streams, ponds, etc.). No spraying is allowed between the yellow ties. Blue - Limits of buffer zone and restricted spray zone. Represents a 100-foot buffer zone from a resource area or no spray (yellow) marker. In the restricted spray zones, herbicides can only be applied selectively by low-pressure 60-psi) foliar application or stem application. *At this time the railroad treats the entire right of way as a restricted spray zone, therefore, only the no spray (yellow) zones are updated each year White - Sensitive area warning marker. Indicates that the applicator is either entering or leaving a restricted spray zone. White markers are always adjacent to a blue tie. See Figure 2 for further information. DRAINAGE DITCHES Drainage ditches are an important component of the railroad right-of-way. If properly maintained, these ditches carry stormwater away from the tracks insuring that the bearing capacity of the soils under the rail bed is not reduced. Proper maintenance of the roadbed includes keeping the ballast free of vegetation and sediments, and insuring that flow in the drainage ditches is not impeded. There are areas where ditches were not maintained in the past. In these areas water tends to pond and hydrophytic (water loving) vegetation predominates. This condition reduces the bearing capacity of the soils under the rail bed, which decreases the stability, the tracks. In the wetland delineation process, drainage ditches, which contained wetland vegetation within a viable wetland, were considered regulated and the tracks marked accordingly. Drainage ditches that were not connected hydraulically shall be maintained with herbicides or by mechanical means. No herbicides shall be applied to any ditches if water is present. �+ r it w�pA k F. �. � ��="•.�; � �� ,� le��y� ON � \gyp, t(, {•(■�{9_ ft it op ►i'��_/r.-...�.�=^\\� 4� • a � `,`, - aid 6 vlwx toll INV RAININ ANA V21a I :qk. fill It 118N, 'R, 00 XI WnwiRl", SENSITIVE AREA PAN AM RAILWAYS, INC. 42 City of Peabody ��.n�a•rros b'CTS+\_.�''lsTr'�'�a✓16!'A�1.7"�.]6�ird(ifM Page 021 �19N I NO SPRAY ZONE "N I I®r- April, 2011 LIMITED SPRAY ZONE NILN 02 WATER SUPPLY ZONE (Spray every 24 months) . � r l /v V�o LL Project Status Sheet Address: Q4-,\ r (� � , wo DEP #: Application Type: k(�,A Contact Name: kph rr\„,.S Phone: y(3 Date Submitted: 4j, s- V1 6Application Complete —�❑ Correct Fee Received ❑ Abutters List Requested ❑ Received 4 Legal Notice Sent ❑ Legal Notice Confirmed ❑ Added to Agenda ❑ Agenda to Applicant ❑ Agent Comments to Commission ❑ DEP Comments Hearing Opened: Continued: Site Visit: ❑ Abutters Notice Confirmed ❑ Order of Conditions Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: AJ, /l/v C L, 1 hyt��b��r9yrf� � �� ✓V�-�'�S S/�h CITY OF SALEM CONSERVATION City of Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Mass. General Laws c.131§40 and Salem Wetlands Protection and Conservation Ordinance for Pan Am Railways Inc, 1700 Iron Horse Park, Billerica MA. The purpose of the hearing is to discuss verification of wetland boundaries to determine sensitive areas in planning for the application of herbicides on the Pan Am right of way parallel to Harmony Grove Rd and the North River,between the city line and Grove St. This hearing will be held on Thursday,May 26 at 6:00 p.m. in City Hall Annex, Rm 313, 120 Washington St. David Pabich, P.E. Chairman Please print legal ad on: May 19, 2011 Please invoice: Keith Morris 622 Spring St. Leeds, MA 01053 413-584-0633 Keith L. Morris Michael F. Gragnolati 622 Spring Street 45 North Street Leeds, Massachusetts 01053 Windsor Locks, Connecticut 06096 Tel/Fax(413) 584-0633 Tel/Fax(860) 623-2588 Email- keithlmorris@comcast.net April 11, 2011iti,/S 10 D Salem Conservation Commission APR 15 2011 Salem City Hall DEPT,OF PLANNING& 93 Washington Street Salem, Ma 01970 COMMUNITY DEVELOPMENT RE: Pan Am Railways, Inc. Request for a Determination of Applicability Dear Commission Members: On behalf of Pan Am Railways, Inc., we are pleased to submit a Request for a Determination of Applicability and accompanying track plans for Pan Am's rights-of-way- in your community. The applicant is requesting verification of sensitive areas as they pertain to the Massachusetts Wetlands Protection Act(MWPA) MGL, Chapter 131, Section 40, and the Massachusetts Department of Agricultural Resources (MDAR) Pesticide Board Regulations 333 CMR 11.00. Each year, Pan Am's rights-of-ways will be treated with herbicides, as allowed, for weed control. The actual application of herbicide is regulated by the Massachusetts Department of Agricultural Resources. The enclosed Request for a Determination of Applicability is for verification of sensitive areas only, and not application of herbicides. This verification was last done in the year 2005. We are asking for approval of the same boundaries previously approved by your commission. At this time the railroad treats the entire right of way as a restricted spray zone,therefore, only the"no spray" (yellow) zones are remarked each year. Please notify the undersigned of the date and time of the public meeting and, if necessary, site inspection for this application. If you have any questions concerning this matter, please do not hesitate to contact our office. Sincerely, /01A Keith L. Morris Environmental Consultant cc. Pan Am Railways, Inc. Regional Office - DEP