The URL can be used to link to this page

Home My WebLink About5203 451 Forest Rd Determination of Applicability Request 09.18.25Attachment 4: Determination of Applicability (Negative) Ll Important: When filling cut forms on the computer use only the tat) key to move your cursor do not use the return key Massachusetts Department of Environmental Protection Bureau of Water Resoufces - Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M_G.L. c. 131. §40 A. General Information From Yarmouth Conservation Commission To Applicant Yarmouth Water Department Name 99 Buck Island Road _ Mailing Address Yarmouth C. ity/Town (508) 771-7921 Phone Number Iruszala@yarmouth.ma.t5 Email Address MA 02673 Slate Zip Code 1 Protect Location 451 Forest Road Street Address Hpw to find Lattude 41.67836 ,ind LGrq tude Latitude (Decimal Degrees Format with 5 dig is aAer depmal e.g XX XXXXX) am tW,_V convertto 77 decimal degrees Assessors Map/Plat Number 2. Date Request Filed 9/18/2025 B. Determination Yarmouth Municipality Property Owner (if different from applicant) Town of Yarmouth Name 1146 Route 28 Mad ng Address Yarmouth MA 02664 City/Town State Zip Code (508) 398-2231 Phone Number yannouthpublicworks@yamlouth.ma.us Email Address ;if known) Yarmouth City/Town -70.21704 Long tude (Decimal beg•ees Format with 5 digits after decimal e g -Xx XXXXX) 2 Parcel/Lot Number 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) Proposed seasonal PFAS treatment facilities for wells 10 + 11 within the riverfront area and the buffer zone to a bordering vegetated wetland. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents Wells 10 & 11 Seasonal PFAS Treatment System September 2025 Title Date Title Title Date Date npalorm2 doc • rev 4a282023 WPA Form 2 Oeterminabon of ApdCaNl" - page 1 d 5 Massachusetts Department of Environmental Protection L Bureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Municipality B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations - Positive Determination Note No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e, Conservation Commission or the Department of Environmental Protection) ❑ t The area described on the referenced plan(s) is an area subject to jurisdiction 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 Wetlands Resource Area(s) and Buffer Zone(s) 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 jurisdiction 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 jurisdiction under the Act Therefore, said work requires the filing of a Notice of Intent ❑ 5 The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by Name of Murnapality Pursuant to the following municipal wetland ordinance or bylaw Name Ordinance or Bylaw Citation wpaform2 doc • rev V282023 WPA Form 2 - Ntemanation 01 A ppliCapLty • Page 2 Of 5 Massachusetts Department of Environmental Protection LlBureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 Municipality B. Determination (cont.) ❑ 6. The following area andlor work. if any, is subject to a munic,pal 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) 2 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 jurisdiction under the Act or the Buffer Zone ® 2. The work described in the Request is within an area subject to jurisdiction 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 jurisdiction under the Act Therefore. said work does not require the filing of a Notice of Intent. subject to the following conditions (if any) Any disturbed areas must be restored by planting native woodland groundcover. ❑ 4. The work described in the Request is not within an Area subject to jurisdiction 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 jurisdiction under the Act wpalorm2 doc • rev 412WM3 WPA Form 2 - Ceieiminalion of ApOlKaMlNy • Page 3 of 5 Massachusetts Department of Environmental Protection LlBureau of Water Resources - Wetlands WPA Form 2 — Determination of Applicability Yarmouth Massachusetts Wetlands Protection Act M.G.L, c, 131, §40 Municipality B. Determination (cont.) ❑ 5 The area described in the Request is subject to jurisdiction under the Act Since the work described therein meets the requirements for the following exemption. as specified in the Act and the regulations. no Notice of Intent is required Exempt Activity (site applicable statulorylregulatory prow sions? ❑ 6 The area and/or work described in the Request is not subject to additional review and approval by Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw Name C. Authorization Ordinance or Bylaw Citation This Determination is issued to the applicant and delivered as follows ❑ By hand delivery on 0 By certified mad. return receipt request on Oate 10/21 /2025 _ Dale 7008 0150 0003 2029 9066 Certified Mail Number A copy of this Determination has been sent on the same date. considered the date of issuance. to the appropriate DEP Regional Office and the property owner (if not the applicant) in the manner as follows: DEP •❑ By eDEP DOA Submittal Platform (Attach this form and supporting documents) ❑ By USPS mail Date Property Owner (if not applicant) ❑ By mail Date ❑ By hand delivery Date ❑ By hand delivery Date wpaform2 aw • rev 42812023 'A'PA Form 2 - Detemnabon of ApµKadtty - Page 4 of 5 0 Massachusetts Department of Environmental Protection Bureau of Water Resources - Wetlands WPA Form 2 —Determination of Applicability Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 C. Authorization (cont.) Yarmouth Municipality 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 As noted above. a copy must be sent to the appropriate DEP Regional Office (see https //www.mass.gov/service- detailstmassde -re tonal-offices-b-communit and the property owner (if different from the applicant) on the same date that the Applicant is issued this Determination Yarmouth Conservation Commission Issuing Authority Signatures Sqnai-urg Signature Signatur SignatUre l/1 Signature air- Signature Signature D. Appeals [I-vJ tr :� f. 1 Pr nte�d N Pnnted Name f %rated Name fed Name R•inted Name P-inted Name 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 https:f/www mass oov/service-detai'.s/mas-sdep-regional-ofces-by- community) to issue a Superseding Determination of Applicab-lity. 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 I he/she is not the appellant The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations the Department of Environmental Protection has no appellate jurisdiction wpaform2 Got • rev V28/2023 {NPA Form 2 - Defemunanon of Applicability • Page 5 of 5