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Home My WebLink About99 Thacher Shore Road DOAD mruNAtMassachusetts 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 Town of Yarmouth Wetland By-Law, Chapter 143 A. General lnformation lmportant: When filling out forms on the computer, use only the tab key to move your cursor - do not use the retum key. Conservation Commission To: Applicant Colonial Gas Company (c/o Andrew Shelby) Name 40 Sylvan Road Property Owner (if different from applicant) Tri K SriHadi Name 99 Thacher Shore Road Mailing Address Waltham [4ailing Address 02451 Yarmouth PortMA State 7tp coae City,'ro"" 0267 5 City/Town 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents Figure 4- Site Plan Residential Gas Line 99 Thacher Shore Rd State Zip Code Jul 2018 Date Date Date 2 Title Date Request Filed 7119118 B. Determination Pursuant to the authority of M.G.L. c. 131, S 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable) Eflenslg! S!eIE!1!g gas main through the drivew€y from Thacher Shore Rq to the relsidence Project Location: 99 Thacher Shore Road Yarmouth Port Street Address 122 City/Town o Assessors Map/Plat Number $!alorm2 doc. Oeleminatron of App r@biiiy ' rev. 12/14 Parcel/Lot Number From: Yarmouth Title MA Tte JI {I}If;O tr Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Appticability Massachusetts Wetlands Protection Act M.G.L. c. Town of Yarmouth Wetland By-Law, Chapter 143 131 , S40 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 Delermination 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 lntent or Abbreviated Notice of lntent) or Order of Resource Area Delineation (issued following submittal of Simplilled 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 lntent. E Za. tne boundary delineations of the following resource areas described on the referenced plan(s) are conllrmed 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. E 2b. The boundaries of resource areas listed below are lql confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. n 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 lntent. n 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 lntent or ANRAD Simplified Review (if work is limited to the Buffer Zone). E 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Yarmouth Nam e Ordinance or Bylaw Citation wpalorm2 doc. Delem nato. ol App ebirty'rev 12114 Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: 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 Town of Yarmouth Wetland B Law, Cha ter 143 B. Determination (cont.) E 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but oqt subject to the Massachusetts Wetlands Protection Act: Z T.ltaNoticeof lntent isfiled forthe 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): E Alternatives limited to the lot on which the project is located. E 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. n 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. E 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 nol 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. n 1. The area described in the Request is nol an area subject to protection under the Act or the Buffer Zone. E 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 lntent. El 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 nol require the filing of a Notice of lntent, subject to the following conditions (if any). n 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 lntent, unless and until said work alters an Area subject to protection under the Act. wpalorm2 doc . Oeteminalion of Applicab l[y . rev 1 2/1 4 Massachusefts 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 Town of Yarmouth Wetland By-Law, Chapter 143 B. Determination (cont.) E 5. The area described in the Request is sub.lect 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 lntent is required: 3ro cmR ro 02 fzxb)(axi) Exempt Activity (site applicable statuatory/regulatory provisions) E 6. The area and/or work described in the Request is not subject to review and approval by: Yarmouth 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: n by hand delivery on E[ by certified mail, return receipt requested on 2ot6 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see htto:i/www. mass.oov/eea/aqencies/massdeo/abouvcontacts/) and the property owner (if different from the applicant). Signatures:' .;,,--L-a/ Z2 Date wralorm2.do.. Detemrnaton oI AppLicability. rev 1214 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 - Determination of Appticability Massachusetts Wetlands Protection Act M.G.L. c. 131 , $40 Town of Yarmouth Wetland By-Law, Chapter 143 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see htto://www.mass.aov/eealaqencies/massdeo/abouVcontacts/) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmenlal Protection has no appellate jurisdiction. wpalorm2 doc . Determinalion ot Apphcab hy . rev 1 2]1 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , S40 DEP File Number Provided by OEP A. Request lnformation 1. Location of Project lmportant: When filling oul forms on the computer, use only the tab key to move your cursor - do not use the return key. a. Street Address b. City/Town, Zip c. Checl number d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative) Name l,4ailing Address C jty/Towl State Zip Code Phone NLrmber Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name lMailing Address City/Towll State Zip Code Fax Number (if applicable) B. lnstructions 1 . When the Departmental action request is for (check one): E Superseding Order of Conditions - Fee; $120.00 (single family house projects) or $245 (all other pro.lects) E Superseding Determination of Applicability - Fee: $120 ! Superseding Order of Resource Area Delineation - Fee: $120 Send this form and check or money order, payable to lhe Commonwealth of Massachusefrs, to Department of Environmental Protection Box 4062 Boston, MA 0221 1 wpalorm2 doc. Requ6tfo. Oeparlmenlal aclion Fee Transmrnal Fom ' rev 12114 "A Phone Number 4. DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmenta! Action Fee Transmitta! Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , S40 B. !nstructions (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 htto://www.mass.oov/eea/aoencies/massdeo/abouVcontacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservalion Commission and to the applicant, if he/she is not the appellant. DEP File Number: Provided by DEP wpafom2 doc. Requ6l tor Depadmenlal Aclon Fee Transmrtlal Fom . .ev 12114