Massachusetts Department of Environmental Protection

	Massachusetts Department of Environmental Protection= Bureau of Resource Protection - Wetlands WPA Form 2 – Determination of Applicability Massachusetts Wet= lands Protection Act M.G.L. c. 131, §40
	A. General Information
Important:= When filling out for= ms on the computer, use only the tab key to move your cursor - do not use the return key. =	From:
Hamilton ^{Conservation Commission}
To: Ap<= span style=3D'mso-fareast-font-family:"Times New Roman"'>plicant	&n= bsp; Property Owner (if different from applicant):
&n= bsp; <= span style=3D'mso-bookmark:Text55'> ^Name	<= span style=3D'mso-bookmark:Text57'> ^Name
<= span style=3D'mso-bookmark:Text58'> ^{Mailing Address}	^{Mailing Address}
&nbs= p; <= span style=3D'mso-bookmark:Text96'> ^City/Town	&n= bsp; ^State	= ; ^{Zip Code}	^City/Town	^State	^{Zip Code}
1. Title and Date of Final Plans and Other Documents:
&n= bsp; <= span style=3D'mso-bookmark:Text85'> ^Title ^&nb= sp;	<= span style=3D'mso-bookmark:Text98'> ^{Final Date (or Revised Date if applicable)=}
	&n= bsp; &n= bsp; ^&nb= sp;
	&n= bsp; &n= bsp; ^&nb= sp;	=
	2. Date Request Filed:
	&n= bsp; <= span style=3D'mso-bookmark:Text86'>

	B. &nb= sp; Determination
	Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supp= orting documentation, and made the following Determination. Project Description (if applicable): &n= bsp; <= span style=3D'mso-bookmark:Text77'> ^&nb= sp;






	Project Location:
	^{Street Address &= nbsp;}	^City/Town
	^{Assessors Map/Plat Number}	^{Parcel/Lot Number}

	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: &n= bsp; 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 Commissi= on or the Department of Environmental Protection). <= span style=3D'mso-bookmark:Check23'>= &nb= sp; 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 requi= res the filing of a Notice of Intent. <= span style=3D'mso-bookmark:Check2'><= span style=3D'mso-bookmark:Check2'>&nbs= p; 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. &nb= sp; <= span style=3D'mso-bookmark:Text71'> ^{&nbs= p; =} ^{&nbs= p; &= nbsp; &nbs= p; &= nbsp;}










	<= span style=3D'mso-bookmark:Check4'><= span style=3D'mso-bookmark:Check4'>&nbs= p; 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 Determinat= ion. = ^{&nbs= p; &= nbsp;}




	<= span style=3D'mso-bookmark:Check5'><= span style=3D'mso-bookmark:Check5'>&nbs= p; 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 alt= er that area. Therefore, said work requires the filing of a Notice of Intent= . <= span style=3D'mso-bookmark:Check6'><= span style=3D'mso-bookmark:Check6'>&nbs= p; 4. The work described on referenced plan(s) and document(s) is within the Bu= ffer Zone and will alter an Area subject to protection under the Act. Therefor= e, said work requires the filing of a Notice of Intent. &= nbsp; <= span style=3D'mso-bookmark:Check7'><= span style=3D'mso-bookmark:Check7'>&nbs= p; 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by:




	Hamilton = ; (Local Determination Issued Separately)= ^{Name of Municipality&= nbsp;}
	Pursuant to the following municipal wetland ordinance or bylaw:&nbs= p;
	Conservation<= span style=3D'mso-bookmark:Text99'> ^Name	Chapter 17= ^{Ordinance or Bylaw Citation}<= /p>

	B. Determination (con= t.)
	<= span style=3D'mso-bookmark:Check8'><= span style=3D'mso-bookmark:Check8'> 6. The following area and/o= r work, if any, is subject to a municipal ordinance or bylaw but not subje= ct to the Massachusetts Wetlands Protection Act: <= span style=3D'mso-bookmark:Text89'> ^{&nbs= p; =}


	<= span style=3D'mso-bookmark:Check9'><= span style=3D'mso-bookmark:Check9'>&nbs= p; 7. If a Notice of Intent is filed for the work in the Riverfront Area descri= bed 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): &= nbsp; <= span style=3D'mso-bookmark:Check10'>= = Alternatives limited to the lot on which the project is located. <= span style=3D'mso-bookmark:Check11'>= &nb= sp; 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. <= span style=3D'mso-bookmark:Check12'>= &nb= sp; 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. <= span style=3D'mso-bookmark:Check22'>= &nb= sp; Alternatives extend to any sites which can reasonably be obtained within the appropria= te region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is requi= red 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. <= span style=3D'mso-bookmark:Check14'>= &nb= sp; 1. The area described in the Request is not an area subject to protection un= der the Act or the Buffer Zone. &= nbsp; <= span style=3D'mso-bookmark:Check15'>= &nb= sp; 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. &= nbsp; <= span style=3D'mso-bookmark:Check16'>= &nb= sp; 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 t= he Act. Therefore, said work does not require the filing of a Notice of Inte= nt, subject to the following conditions (if any).
















	<= span style=3D'mso-bookmark:Text78'>

	<= span style=3D'mso-bookmark:Check17'>= 4. The w= ork 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 Ar= ea subject to protection under the Act.

	B. Determi= nation (cont.)
	<= span style=3D'mso-bookmark:Check18'>= &nb= sp; 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 Inte= nt is required: <= span style=3D'mso-bookmark:Text79'> ^{Exempt Activity (site applicable statuatory/regulatory provisions) =}



	<= span style=3D'mso-bookmark:Check19'>= &nb= sp; 6. The area and/or work described in the Request is not subject to review and approval by: Hamilton = ; (Local Determination Issued Separately)<= span style=3D'mso-bookmark:Text80'> ^{Name of Municipality} &n= bsp; pursuant to a municipal wetlands ordinance or bylaw, (name and citation or bylaw or ordinance),

	Pursuant to a municipal w= etlands ordinance or bylaw.
	Conservatio= n ^Name	Chapter 17 ^{Ordinance or Bylaw Citation}<= /p>

	C. Authorization
	This Determin= ation is issued to the applicant and delivered as follows:
	<= span style=3D'mso-bookmark:Check20'>= &nb= sp; by hand delivery on = ^Date	<= span style=3D'mso-bookmark:Check21'>= &nb= sp; by certified mail, return receipt requested on <= span style=3D'mso-bookmark:Text83'> ^{Date = ;}

	&nb= sp;
	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 (s= ee Appendix A) and the property owner (if different from the applicant). Signatures:




	^&nb= sp;	^&nb= sp;
	^&nb= sp;	^&nb= sp;
	^&nb= sp;	^&nb= sp;
	^&nb= sp;	^&nb= sp;

	March 17, 2004= ^{Date = ;}	&n= bsp;
	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 Appendix A) 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 Appendix E: 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