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UNKNOWN - CONSERATION COMMISSION ate« CITY OF SALEM CONSERVATION COMMISSION April 15, 2016 Kyle Fair Fair Dermody Consulting Engineers 18 Ocean Street, Suite 1 South Portland, ME 04106 Re: Determination of Applicability—Delineation for application of herbicides Dear Mr. Fair: Enclosed, please find the determination of applicability for the above-referenced project. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, /omevine Conservation Agent Enclosure CC: DEP Northeast Regional Office Keolis Commuter Services i LlMassachusetts 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 Keolis Commuter Services return key. Name Name 470 Atlantic Avenue "-b Mailing Address Mailing Address Boston MA 02210 City/Town Slate Zip Code City/Town State Zip Cade a� 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Eastern Route Main Line (Salem) 3/1/2016 Title Date Title Date Title Date 2. Date Request Filed: 3/1/2016 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): Delineation of wetlands along rail right-of-way in planning for herbicide application. Project Location: Right-of-way (see plan) Salem Street Address _ Cityrrown NA Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 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.) 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 wpafbrm2.tloc•Determination of Applicability•rev.12/19 Page 2 of 5 i 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). ❑ 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. w aform2.doc•Determination of Applicability•rev.17/14 Page 3 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.) ® 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: 110 cw Ga. 03 (s �) . 3�o cH R !o• 1`(C)( 2 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 Da� r 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 nttp://www.mass.gov/eea/agencies/massdep/about/6ontacts/) and the property owner(if different from the applicant). Signatures: . �_'44� 1 117 �� /q/ 9-v& Dam v aform2doc-Determination of Applicability•rev.12114 Page 4 of 6 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 http:/Iwww.mass.gov/eea/agencies/massdep/about/contact ) 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. Tathe 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;doe•Determination of Applicability•rev.12/14 Page 5 of 5 i Massachusetts Department of Environmental Protection t Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address - b.City/Town,Zip c.Check number d. Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen9rou s representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do Cityrrown State Zip Code not Use the return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name r Mailing Address - City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245 (all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation —Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.12114 Page 1 of 2 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: r Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. 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. wpaform2.tloc•Request for Departmental Adian Fee Transmittal Form rev.12/14 Page 2 of 2 � CITY OF SALEM o NSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Keolis Commuter Services, 470 Atlantic Ave, Boston MA. Purpose hearing is to discuss verification of wetland boundaries in planning for the application of herbicides on Keolis's rights of way within areas subject to the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection & Conservation Ordinance. Hearing will be held 4/14/16 at 6:30 pm in City Hall Annex, 3`d floor conference room, 120 Washington St. Salem News publication date: April 7, 2016 FAIR DERMODY II"' v CONSULTING ENGINEERS `°' ��� 1 March 2016 Salem Conservation Commission ,�AR 01120 Washington 2p16 Salem, MA 01970 Street CODEFM uN TF DE�E�OPMENT Re: Request for Determination of Applicability (RDA) along Keolis Commuter Services (Purple Lines) Right-of-Way Dear Commission Members: In 2011, your commission approved a delineation of wetlands along the railroad right-of-way previously operated by MBCR, now Keolis. The determination that was issued has allowed Keolis to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and Keolis's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with Keolis's Yearly Operational Plan (YOP) and updates of the delineation as necessary. Keolis's VMP expired on 31 December 2015 and is now in the process of renewal (view a copy of the preliminary VMP at FDCErailroadvegetation.com). In accordance with the Wetlands Protection Act, RDA's 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 an RDA to renew the wetland delineation along Keolis's right-of-way in your municipality. The enclosed map(s) represent the location of the permanent marking setbacks prescribed by 333 CMR 11.00 to protect the resources in your community. Small wetlands, variable wetland situations, and the specific boundary to any wetland is determined in the field. There are no proposed changes to the current delineations or permanent markings in the field from the previous filing. The maps included in the filing are provided in USGS 1:25,000, as required by the regulations. The maps have been revised to reflect the latest revisions to all surface/drinking water supply zones as identified on maps supplied by the Commonwealth of Massachusetts' Office of Geographic Information. Please consider a negative number 5 determination citing 310 CMR 10.03 (6)(b) and 310 CMR 10.58 (6)(a) as the exemptions. If you have any questions, please do not hesitate to call (207) 747-4651 or email kyle@FDCEngineers.com. Very truly yours, F�DiCEngineers Kyle Fair, PE CEO & Principal Engineer Enclosure cc: Clary Coutu, Keolis Regional Office, DEP 18 OCEAN STREET, STE 1 SOUTH PORTLAND, MAINE 04106 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1 - Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Keolis Commuter Services N/A computer, use Name E-Mail Address only the tab key to move your N/A cursor-do not Mailing Address use the return 470 Atlantic Avenue MA 02210 key. City/town State Zip Code Boston � Phone Number Fax Number(if applicable) 2. Representative (if any): Fair Dermody Consulting Engineers Firm Kyle Fair kyle@fdcengineers.com Contact Name E-Mail Address 18 Ocean Street, Suite 1 Mailing Address South Portland ME 04106 City/Town State Zip Code 207-747-4651 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). wpafonl.doc Page 1 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 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): N/A Salem Street Address - City/Town N/A N/A Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The attached map is a USGS map of the Commuter Rail Line in your municipality. The rail line is depcited by the dark black line with cross hatches, the numbers represent mileposts. The legend at the bottom shows the areas protected by 310 CMR 10.00 Wetlands Protection Act and 333 CMR 11.00 Rights of Way Management. There is also a color coded key to how the spray activities on the right of way are preformed. These "Spray Zones"depicted the location of the permanent markers in the field which both protect the resources in your community and indicate to the herbicide applicators the individual spray actvities allowed in each zone. c. Plan and/or Map Reference(s): USGS Right of Way Maps by Rail Line and Community March 1, 2016 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The"work" is related to vegetation control activities. More specfically herbicide application for the purpose of maintaing a safe, vegetation free right-of-way. When reviewing this submission it is important to remember local by-law requirements are limited by 333 CMR 11.06 (4) (d)which states"the approved YOP in conjunction with the VMP shall govern the application of herbicides for a period not to exceed 12 months in accordance with other laws and regulations of the State and Federal governments..." and by Massachusetts legislation entitled "An Act Further Regulating the Use of Pesticides'which provides that the Commonwealth will have the exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides. This sumbission is made soley for the pupose of verifying the accuracy of the identification ofthose resources protected under the Massachusetts Rights-of-Way Management Regulations. No work is proposed within wetland resource areas. Vegetation control will conform to the guidelines set forth in the Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and the preface to the Wetlands Protection Regulations(310 CMR 10.00) relative to rights-of-way management. Please see a copy of the proposed Vegetation Management Plan currently under consideration by the Department of Agricultural Resources for more clarification on the practices currently being proposed alona the riahts-of-wav in Massachusetts. wpeonnl.doc - Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability Lit City/Town 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). 310 CMR 10.03 (6) (b) -Any application of herbicides within the Buffer Zone, other than as provided in 310 CMR 10.03(6)(a), shall be presumed not to alter an Area Subject to Protection under M.G.L. c. 131, §40,... 310 CMR 10.05 (3) (a) (2) -Any person who proposes to apply herbicides in the Buffer Zone pursuant to the presumption of 310 CMR 10.03(6)(b) shall be required only to submit a request for determination of the boundaries of the Buffer Zone and the Areas Subject to Protection under M.G.L. c. 131, §40. 310 CMR 10.58 (6) (a) - Exempted from requirements for the Riverfront Area. 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.) wpaformt.doc Page 3 ofd Massachusetts Department of Environmental Protection ILIBureau 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: Keolis Commuter Services Name 470 Atlantic Avenue Mailing Address Boston City/Town Massachusetts 02210 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. Signature of Applicant Date Kyvr 3/1/2016 Sig ure of Representative(if any) Date wpafonnl.dac Page 4 of 4 'Ke olrs - BY ' ,�� Arm: ,,, • EVEL r , r.�wllyt'=e„`.� �.Y C' �`•,��A,�rr� �11 % fif ' � � � Ak I. I Y.b3Jl - '�"•' �:51Y fl'4 rl .1 4 m 3. � t� by �•*r"„- I�LL lip x rr M1k l �kY aa•.lY .'r�' ln� a�ryk y! eb." Lh, `\e ss?."l"fw'�.�y. SJy lA "I �a I A,.ax M %°'g!• !� O AV ye ,I, l� IYfR rc w"�I�"6 dA Y .° � ��• QCT.y��� �?'S/ eq a �,I� \(:. 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Q. 0.5' 1 Miles Mas$a�chusetts!Esn♦HERE, >el��m�l Ynlr.O EnAPnI.1O-r�,rl���,��n4cuo nnoTt,ruo«IEPA, USD, TOWN: SALEM D DEP APPROVED ZONEA NATIONAL LIMITED SPRAY ZONE ZONE I ® O WETlM,os (a YEAR INTERVAL) DATE: 312016 DEP APPROVED ZONE IF CERTIFIED / LIMBED SPRAY ZONE TONEII- O ® VERNAL POOL SCALE: 1:26,000 (SYEAR INTERVAL) NO SPRAY ZONE 1VdP^ NNEsv PIE1OFm SHEET: 1 OF 1 © O ® NARrcnTs Keolys ENVIRONMENTAL DEPARTMENT March 1, 2016 Town Conservation Commission Re: Authorization to Act as Representative Vegetation Management Plan January 2016- December 2020 Keolis Commuter Services, LLC. Request for Determination of Applicability Dear Commission Members: Keolis Commuter Services, LLC. (Keolis) hereby authorizes Fair Dermody Consulting Engineers (FDCE) to act as their representative in matters associated with this Request for Determination of Applicability (RDA) for the above referenced matter.. All correspondence relating to this matter should be directed to Kyle Fair of FDCE (207) 747- 4651 or kyle@fdcengineers.com and a copy to Clary Coutu of Keolis clary.coutu@keoliscs.com. Sincerely, Keolis Commuter Services, LLC. %argcloutu Manager of Environmental Compliance Keolis Commuter Services, LLC. 470 Atlantic Avenue, 51" Floor Boston, MA 02210 617-222-8697 h 1 � FAIR DERMODY CONSULTING ENGINEERS 1 March 2016 Salem Conservation Commission 120 Washington Street Salem, MA 01970 Re: Request for Determination of Applicability (RDA) along Keolis Commuter Services (Purple Lines) Right-of-Way Dear Commission Members: In 2011, your commission approved a delineation of wetlands along the railroad right-of-way previously operated by MBCR, now Keolis. The determination that was issued has allowed Keolis to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and Keolis's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with Keolis's Yearly Operational Plan (YOP) and updates of the delineation as necessary. Keolis's VMP expired on 31 December 2015 and is now in the process of renewal (view a copy of the preliminary VMP at FDCErailroadvegetation.com). In accordance with the Wetlands Protection Act, RDA's 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 an RDA to renew the wetland delineation along Keolis's right-of-way in your municipality. The enclosed map(s) represent the location of the permanent marking setbacks prescribed by 333 CMR 11.00 to protect the resources in your community. Small wetlands, variable wetland situations, and the specific boundary to any wetland is determined in the field. There are no proposed changes to the current delineations or permanent markings in the field from the previous filing. The maps included in the filing are provided in USGS 1:25,000, as required by the regulations. The maps have been revised to reflect the latest revisions to all surface/drinking water supply zones as identified on maps supplied by the Commonwealth of Massachusetts' Office of Geographic Information. Please consider a negative number 5 determination citing 310 CMR 10.03 (6)(b) and 310 CMR 10.58 (6)(a) as the exemptions. If you have any questions, please do not hesitate to call (207) 747-4651 or email kyle@FDCEngineers.com. Very truly yours, FDCEngineers Kyle Fair, PE CEO & Principal Engineer Enclosure cc: Clary Coutu, Keolis Regional Office, DEP 18 OCEAN STREET, STE 1 SOUTH PORTLAND, MAINE 04106 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability Ll City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Keolis Commuter Services N/A computer, use Name E-Mail Address only the tab key to move your N/A cursor-do not Mailing Address use the return 470 Atlantic Avenue MA 02210 key. Cityrrown State Zip Code y!" Boston V� Phone Number Fax Number(if applicable) 2. Representative (if any): Fair Dermody Consulting Engineers Firm Kyle Fair kyle@fdcengineers.com Contact Name E-Mail Address 18 Ocean Street, Suite 1 Mailing Address South Portland ME 04106 CityfTown State Zip Code 207-747-4651 Phone Number Fax Number(if applicable) B. Determinations 1. I 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). wparonl Acc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem r WPA Form 1 - Request for Determination of Applicability City(rown 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): N/A Salem Street Address Cityfrown N/A N/A Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The attached map is a USGS map of the Commuter Rail Line in your municipality. The rail line is depcited by the dark black line with cross hatches, the numbers represent mileposts. The legend at the bottom shows the areas protected by 310 CMR 10.00 Wetlands Protection Act and 333 CMR 11.00 Rights of Way Management. There is also a color coded key to how the spray activities on the right of way are preformed. These "Spray Zones"depicted the location of the permanent markers in the field which both protect the resources in your community and indicate to the herbicide applicators the individual spray actvities allowed in each zone. c. Plan and/or Map Reference(s): USGS Right of Way Maps by Rail Line and Community March 1, 2016 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The"work' is related to vegetation control activities. More specfically herbicide application for the purpose of maintaing a safe, vegetation free right-of-way. When reviewing this submission it is important to remember local by-law requirements are limited by 333 CMR 11.06 (4) (d)which states"the approved YOP in conjunction with the VMP shall govern the application of herbicides for a period not to exceed 12 months in accordance with other laws and regulations of the State and Federal governments..."and by Massachusetts legislation entitled "An Act Further Regulating the Use of Pesticides"which provides that the Commonwealth will have the exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides. This sumbission is made soley for the pupose of verifying the accuracy of the identification ofthose resources protected under the Massachusetts Rights-of-Way Management Regulations. No work is proposed within wetland resource areas. Vegetation control will conform to the guidelines set forth in the Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and the preface to the Wetlands Protection Regulations (310 CMR 10.00) relative to rights-of-way management. Please see a copy of the proposed Vegetation Management Plan currently under consideration by the Department of Agricultural Resources for more clarification on the practices currently being proposed alonc the richts-of-wav in Massachusetts. wpato"l.doc Page 2 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 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). 310 CMR 10.03 (6) (b)-Any application of herbicides within the Buffer Zone, other than as provided in 310 CMR 10.03(6)(a), shall be presumed not to alter an Area Subject to Protection under M.G.L. c. 131, §40,- 310 CMR 10.05 (3) (a) (2) -Any person who proposes to apply herbicides in the Buffer Zone pursuant to the presumption of 310 CMR 10.03(6)(b) shall be required only to submit a request for determination of the boundaries of the Buffer Zone and the Areas Subject to Protection under M.G.L. c. 131, §40. 310 CMR 10.58 (6) (a)- Exempted from requirements for the Riverfront Area. 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.) wpafcnl.doc Pape 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem Citylrown 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 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: Keolis Commuter Services Name 470 Atlantic Avenue Mailing Address Boston City/town Massachusetts 02210 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. Signature of f Applicant Date /S4 3/1/2016 Sig ure of Representative(if any) Date wPafonnl.doc Page 4 of 4 K e o I r sj.VERY 1' •' i 40 a btjl� zne� � � s �``!fi - � 8 :., 'v�'ny�'� j�.JI P-•�, , yr�'ea /ln' !; r -��• 41;E. o.' �1 +.�t:;I 5` �.'N e K " 7/' ��`"-'s,4 1 '`4 >e r+aW>1,r�,,,i'�y/r✓i' u art `"t " ° �` ',� t o ,A 4i . .ate•-a'� .;,ri'` Y", • J a' '� �� r A _r 4 � 4t�'+,•\�..._2y�E0 ��^�',./'it ! ir'^ xlnD L��qj 4 i '•; `\ Y® \"�AJe�.A�' J� (ri +• JAI, yyw r .h -s s P `Z f, <6 a 1 • � 55 '� , 4 jL.Af y P' Ie ae M1'4 l xSY y c�NV ,•J, .,a + J�^w.L tjlltry, �Pm xnu., t 5 5�e "�'v_; i�tm4- ! f It � �r ° rVI �.Y=1 IIr�JA E,J Ea• Lij �'w' "Q�.�" I �' °, '�. �\R f F it i 'i I�„lprsr �^ ,ra•An I{' / it YSS c .n4``d,',R , mus`c' b �•'F"a w ,.rII,,,,G1,7. �"ILr '� _ .... ®© `•yn_�,. g .. ,r.3�FL .�'t 74V a+ n*';1 rya �IL I� I If axe" R,^�J( '_ ,¢,#'ff/ AN � -SALE'M E L ,�r S5� 9 h'Irl X44, "" 'o.°jM. t{ ' W yf $ ' ��} V i. IF r /,_ yr nine LIQ /�p�w S°L41}> �• 0 t%.✓ .?'` �iP�a�Y lj ` r /-z LLI LU , fE� � `4F � � �A C` ..� jo`'ryfr�G .. � r� ° �f ta��, p qr �[� •a. $3 \ t . ., 0 025 0.5` 1 Miles. ', � �• State of Ma;S�chusett's;'EsnAFfERf, tEl ,<I mv=N Enncnr.lp"r:,+1: ��ulcrcl nnFn.InIAcfllEPk USL�� ti SALEM C'� DEPAPPgOVED EONEA WETLAND TOWN: LI (CYED SPRAY 2pNE1 ® O WETLANDS (xVEAR INTERVAL) DATE: 3/1/2016 DEP APPROVED ZO.E8 cEgnEIED LIMITED SPRAY ® z.NER O ® VERNAEPOOL SCALE: 125,000 (xVEAR INTERVAL) NO SPRAY ZONE IWPA NNESP PRIOJOT SHEET: 1 OF 1 0 ® MINTATS City of Salem Department of Planning & E-C E [` 4F- DCommunity Development APR 0 5 2016 CHECK RECEIPT AND TRACKING FORM DEPT, OF PLANNING & COMMUNITY DEVELOPMLNT DATE BOARD�s n STAF IBJ CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: THE FACE OF THIS DOCUMENT HASA AND. t 11361 FDC Engineers',,,, A, BankofAmerica _ FAIR DERMODY a�✓ �/. CONSULTING.'8"GINFERS 160cean Street,Suite 1 x s s South Portland ME 04106 52-36/192 3/31/2016 90902 PAY A TO THE ORDER OF Town of Salem, MA $ .25.00 g, Twenty-Five and 00/100 + xxxxxxxaa+xa+aa+ae++xxx+a+axxaxxa+aa++xx+++++x++x:xxx+xx+xx+axxxxxxxxxxxxxaxaaxaaa+x+aaaa+a+xxxxxx+ DOLLARS z Town of Salem, MA z Conservation Commission -120 Washington Street, 3rd.Floor B Salem, MA 01970 MEMO Keolis RDA Filing Fee- FDCE Job#16009-2 - — A rz- -§IGNATuae -------- ---NP 11000 L 1360• 1:0 1 1 200 36 51: 0045809950IAA I" RDA Status Sheet Address: "�j� Fl� Date Submitted: Contact Name: i--r6L- FGi— Proposed activity: Phone: ❑ Application Complete Correct Fee ece►ve egal Ad Sent ❑ Legal Ad Confirmed Online ❑ Added to Agenda ❑ Agenda to Applicant ❑ Agent Comments to Commission Hearing Opened: Continued: Site Visit: ❑ Permit Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Added to database Notes: _ (a �wc �-•_- l H:\CON COMM\Administrative\prgject status sheet\RDA status sheet 2013-10-30.doc (� FAIR DERMODY CONSULTING ENGINEERS 1 March 2016 Salem Conservation Commission 120 Washington Street Salem, MA 01970 Re: Request for Determination of Applicability (RDA) along Keolis Commuter Services (Purple Lines) Right-of-Way Dear Commission Members: In 2011, your commission approved a delineation of wetlands along the railroad right-of-way previously operated by MBCR, now Keolis. The determination that was issued has allowed Keolis to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and Keolis's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with Keolis's Yearly Operational Plan (YOP) and updates of the delineation as necessary. Keolis's VMP expired on 31 December 2015 and is now in the process of renewal (view a copy of the preliminary VMP at FDCErailroadvegetation.com). In accordance with the Wetlands Protection Act, RDA's 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 an RDA to renew the wetland delineation along Keolis's right-of-way in your municipality. The enclosed map(s) represent the location of the permanent marking setbacks prescribed by 333 CMR 11.00 to protect the resources in your community. Small wetlands, variable wetland situations, and the specific boundary to any wetland is determined in the field. There are no proposed changes to field from the previous filing. the current delineations or permanent markingsin the p g P The maps included in the filing are provided in USGS 1:25,000, as required by the regulations. The maps have been revised to reflect the latest revisions to all surface/drinking water supply zones as identified on maps supplied by the Commonwealth of Massachusetts Office of Geographic Information. Please consider a negative number 5 determination citing 310 CMR 10.03 (6)(b) and 310 CMR 10.58 6 a as the exemptions. If you have an questions, please do not hesitate to call (207) OO P Y Y 747-4651 or email kyle@FDCEngineers.com. Very truly yours, FDCEngineers Kyle Fair, PE CEO & Principal Engineer Enclosure cc: Clary Coutu, Keolis Regional Office, DEP 18 OCEAN STREET, STE 1 SOUTH PORTLAND, MAINE 04106 Massachusetts Department of Environmental Protection \T�^ 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 A. General Information Important: When filling out 1. Applicant: forms on the Keolis Commuter Services N/A computer, use Name E-Mail Address only the tab key to move your N/A cursor-do not Mailing Address use the return 470 Atlantic Avenue MA 02210 key. Cityrrown State Zip Code yrs} Boston Phone Number Fax Number(if applicable) 2. Representative(if any): Fair Dermody Consulting Engineers Firm Kyle Fair kyle@fdcengineers.com Contact Name E-Mail Address 18 Ocean Street, Suite 1 Mailing Address South Portland ME 04106 Cityrrown State Zip Code 207-747-4651 Phone Number Fax Number(if applicable) B. Determinations 1. I 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). w aforml doe Page 1&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 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): N/A Salem Street Address City/Town N/A N/A Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The attached map is a USGS map of the Commuter Rail Line in your municipality. The rail line is depcited by the dark black line with cross hatches, the numbers represent mileposts. The legend at the bottom shows the areas protected by 310 CMR 10.00 Wetlands Protection Act and 333 CMR 11.00 Rights of Way Management. There is also a color coded key to how the spray activities on the right of way are preformed. These "Spray Zones"depicted the location of the permanent markers in the field which both protect the resources in your community and indicate to the herbicide applicators the individual spray actvities allowed in each zone. c. Plan and/or Map Reference(s): USGS Right of Way Maps by Rail Line and Community March 1, 2016 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The"work" is related to vegetation control activities. More specfically herbicide application for the purpose of maintaing a safe, vegetation free right-of-way. When reviewing this submission it is important to remember local by-law requirements are limited by 333 CMR 11.06 (4) (d)which states "the approved YOP in conjunction with the VMP shall govern the application of herbicides for a period not to exceed 12 months in accordance with other laws and regulations of the State and Federal governments..." and by Massachusetts legislation entitled "An Act Further Regulating the Use of Pesticides"which provides that the Commonwealth will have the exclusive authority in regulating the labeling, distribution, sale, storage, transportation, use and application, and disposal of pesticides. This sumbission is made soley for the pupose of verifying the accuracy of the identification ofthose resources protected under the Massachusetts Rights-of-Way Management Regulations. No work is proposed within wetland resource areas. Vegetation control will conform to the guidelines set forth in the Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00)and the preface to the Wetlands Protection Regulations(310 CMR 10.00) relative to rights-of-way management. Please see a copy of the proposed Vegetation Management Plan currently under consideration by the Department of Agricultural Resources for more clarification on the practices currently being proposed alona the richts-of-wav in Massachusetts. wpafoo l.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1 - Request for Determination of Applicability Citylrown 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). 310 CMR 10.03 (6) (b) -Any application of herbicides within the Buffer Zone, other than as provided in 310 CMR 10.03(6)(a), shall be presumed not to alter an Area Subject to Protection under M.G.L. c. 131, §40,... 310 CMR 10.05 (3) (a) (2)-Any person who proposes to apply herbicides in the Buffer Zone pursuant to the presumption of 310 CMR 10.03(6)(b) shall be required only to submit a request for determination of the boundaries of the Buffer Zone and the Areas Subject to Protection under M.G.L. c. 131, §40. 310 CMR 10.58 (6) (a) - Exempted from requirements for the Riverfront Area. 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 8/11/96 ❑ 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 ❑ Public1 appropriated ro ect where funds were a ro riated P rior to 8/7/96 P ❑ 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.) wpafo.l d. 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: Keolis Commuter Services Name 470 Atlantic Avenue Mailing Address Boston Cityrrown Massachusetts 02210 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. Signature of Applicant Date 3/1/2016 Sig ure of Representative(if any) Dale wpafo.1.d« Page 4 of 4 Keolrs t qui %. 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P / .p. / N`AvnC aWY. 41Ilk ..r 1 a n W k r }I fs' 4z rw , * g g W � �F � �'T'aiM ra��i ., �, r §-!L- a ,. _ r z w4,$.$f vY11Yi✓'�i'aD a S /� ',v`• wi y �' _�'f���� t1 i I' �l�iµ�.1 H`*+t "b�<• " q vW ,�: 'y ' ed< ' _ 0 0.25 0.5 1 Miles r SCS E'Slate��oEMas5@3 huseThs_,?Esn HERE, !tl.� .� 'i mlrarnncr,l (o n,+Iy��.,n icr:nl nno rraunca lEPA. US L SALEM 4.� Z NE ® TONEA NATONAE TOWN: LIMIiE05PTERVAQ E IONEI wETIANos (�YEAft INTERVAl7 DATE: 3/1/2016 OEPAVPROVEO ZONED U TINED LIMITED SPRAY ® ZOxED ® VERNAEPOOE SCALE: 1:25,000 (�vEAa INTERVAU NO SPRAY ZONE IwPA ""ERP PRIOR- SHEET: 1 OF 1 © ® HABITATS