Determination of Applicability Massachusetts Department of Environmental Protection -,souza
Bureau of Resource Protection - Wetlands rPr��°°ss .� pD
WPA Form 2 - Determination of i pi ihtS^ADEPT.
Massachusetts Wetlands Protection Act M.G.L. c '131, §40 Mi 9 28
And the Dartmouth Wetlands Protection Bylaw 20121,tR 15
A. General Information
Important:
When filling out From:
forms on the The Dartmouth Conservation Commission
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Jerry Souza
return key. Name Name
100 Lucy Little Road
Vflirtab Mailing Address Mailing Address
Dartmouth MA 02747
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Subsurface Sewage Disposal Repair Plan 2/1/2012
Title Date
Title Date
Title Date
2. Date Request Filed:
2/16/2012
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):
To replace existing failed septic system in the buffer zone to wetlands.
Project Location:
85 Pine Island Road Dartmouth
Street Address City/Town
Map 79 Lot 24
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 5
Massachusetts Department of Environmental Protection souza 4
Bureau of Resource Protection- Wetlands
_ ,, '1 L
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Dartmouth Wetlands Protection Bylaw
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:
Dartmouth Conservation Commission
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
the Dartmouth Wetlands Protection Bylaw
Name Ordinance or Bylaw Citation
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 5
Massachusetts Department of Environmental Protection L
souza
Bureau of Resource Protection - Wetlands
WPA Form 2 - Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Dartmouth Wetlands Protection Bylaw
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:
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:
Dartmouth Conservation Commission
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
the Dartmouth Wetlands Protection Bylaw
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
0 by hand delivery on ❑ by certified mail, return receipt requested on
M ecTt 1r 2012
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 http://www.mass.gov/dep/about/region.findyour.htm) and the
property owner(if different from the applicant).
Signatures
1 6,��y /y/72
' ael A Kehoe,C it 1, Jacquelyn E Donald • e-Chair
\_ .' -9e
atricia H Sweridu}F-� 6:
nifer Brincl i Richard F Golen
2/28/2012
Date
wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 4 of 5
r
LMassachusetts Department of Environmental Protection souza
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
And the Dartmouth Wetlands Protection Bylaw
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://www.mass.gov/dep/about/region.findyour.htm)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 Environmental Protection has
no appellate jurisdiction.
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