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64-550 - 144,146, 148 MARLBOROUGH ROAD - CONSERVATION COMMISSION W4i 14Eo, �kr Y�� wyH d�ih ��o ii PF ONWERSAL UNV-12113 MADE IN USA /R\SUSTAINABLE MNRECYGFD FORESTRY INITIATIVE CDNfENF 70% POSTCANSUMER temfied Fiber Sourcing w.w+sfipmgmm.org S�b12W Massachusetts Department of Environmental Protection Provided by MassDEP: \1�.. Bureau of Resource Protection - Wetlands / \ MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town Important:When filling out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 144, 146 and 148 Marlborough Road Salem 01970 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. 42 30' 9" 70 55' 32" Latitude and Longitude: d.Latitude e.Longitude -Q See Attachment 1 See Attachment 1 f.Assessors Map/Plat Number g.Parcel/Lot Number FA2. Applicant: David Knowlton a.First Name b.Last Name Note: City of Salem Engineering Department Before c.Organization completing this form consult 120 Washington Street your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw 978-745-9595 x5673 978-745-0349 dknowlton(cDsalem.com or ordinance. In.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ® Check if more than one owner See Attachment 1 a.First Name b.Last Name c.Organization d.Street Address e.City/Town f.State g.Zip Code h.Phone Number i.Fax Number j. Email address 4. Representative (if any): William Ross .JqpWtM&anc1 Civilngineering b.Last Name c.Company 120 Washington Street Suite 202E d.Street Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-741-7401 978-741-7402 wmr@engineeringcorporation.com h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): n/a a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 1/3/2013 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands a MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number'- -- - Citylrown A. General Information (continued) 6. General Project Description: Remove and replace approximately 130'of collapsed drain culvert. 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑x Other 71b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24(coastal)or 310 CMR 10.53 (inland)? 1. ❑ Yes I] No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: See attachment 1 a.County b.Certificate#(if registered land) c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑x Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Pr000sed Alteration Proposed Replacement(if any) For all projects affecting other Resource Areas, a. El Bank 1.linear feet 2.linear feet please attach a b. ® Bordering Vegetated narrative explaining how Wetland 1.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 1/3/2013 Page 2 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP:Y— Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent t Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ -- -- - City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of Flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) 2.Width of Riverfront Area(check one): ❑ 25 ft. -Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. ❑ Land Under the Ocean with all 1.square feel supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpafonn3.doc•rev. 1/3/2013 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP:_ - - Bureau of Resource Protection - Wetlands � MassDEP File Number WPA Form 3 - Notice of Intent , 4 . Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number I----- -• City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feel h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks inland Bank Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged 1. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to htto/Avww.mass.gov/dfwele/dfw/nhes[)/regulatory review/priority habitat/online viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 100 Hartwell Street,Suite 230 b.Date of map West Boylston, MA 01583 wpaform3.doc•rev. 1/3/2013 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MaSsDEP File Number ft WPA Form 3 — Notice of Intent Document Transaction Number' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - - Cityrrown C. Other Applicable Standards and Requirements (cori If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CAL, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**" (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dtwele/dfw/nheso/regulatory review/mesa/mesa fee schedule htm). Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit., (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries d. OR Check One of the Following 1.❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see http://www.mass.gov/dtwele/dfw/nheso/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 1/3/2013 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP i Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent ( Document Transaction Number' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -- _ .�. _ _ _ City/Town C. Other Applicable Standards and Requirements (cont'd) 3.❑ Separate MESA review completed. Include copy of NHESP"no Take'determination or valid Conservation &Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. © Not applicable—project is in inland resource area only b.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NO[to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island, and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes 9No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q)and check if: 1.❑ Applying for Low Impact Development(LID) site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.❑x No. Check why the project is exempt: 1.❑ Single-family house wpaform3.doc•rev. 1/3/2013 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: # Bureau of Resource Protection - Wetlands P MassDEP File Number WPA Form 3 — Notice of Intent m Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 --- CityfTown C. Other Applicable Standards and Requirements (cont'd) 2.N Emergency road repair 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ❑x USGS or other map of the area(along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Reroute 24" Culvert, 144, 146, 148 Marlborough Road a.Plan Title New England Civil Engineering Corp William M. Ross b.Prepared By c.Signed and Stamped by 04/29/13 1"=30' d.Final Revision Date e.Scale Attachment 1 5/20/13 f.Additional Plan or Document Title g.Date 5. [ If there is more than one property owner, please attach a list of these property owners not listed on this form. s.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ❑ Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Report, if needed. wpaform3.doc•rev. 1/3/2013 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number,,: WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town E. Fees 1. ® Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 2.Municipal Check Number 3.Check date 4.State Check Number 5.Check date 6.Payor name on check:First Name 7.Payor name on check:Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the pro' cation. n 5[3 al 13 1. a re of Applicant 2.Date 3.Signature of Property Owner(if different) 4.Date 5.Signature of Representative(if any) 6.Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment,to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions)by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev. 1/3/2013 Page 8 of 8 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your cursor-do not a.Street Address b.City/Town use the return key..If--,�I.II —ICE c.Check number d.Fee amount ke �' 2. Applicant Mailing Address: a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code h.Phone Number i. Fax Number j.Email Address 3. Property Owner(if different): a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code In.Phone Number i.Fax Number j.Email Address To calculate B. Fees filing fees,refer to the category fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step I/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 61Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract$12.50. To calculate the cityltown share of the fee, divide the total fee in half and add$12.50. naifeetf.dac•Wetland Fee Transmittal Foos•rev.10/17111 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: a.Total Fee from Step 5 State share of filing Fee: b.1/2 Total Fee less$12.50 CityfTown share of filling Fee: c.1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form,and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) noifeetl.Coc•Wetland Fee Transmittal Foen•rev.10117/11 Page 2 of 2 NEW ENGLAND CIVIL ENGINEERING CORP. 120 WASHINGTON STREET,SUITE 202E,P.O.BOX 3026,SALEM,MA 01970 PH:978.741.7401-FAX:978.741,7402—WWW.ENGINEERINGCORPORATION.COM e Attachment I Project Location • 144 Marlborough Road, Parcel ID: 09-0148-0 • 146 Marlborough Road, Parcel ID: 09-0020-0 • 148 Marlborough Road, Parcel ID: 09-0021-0 Project Summary During the winter/spring of 2013, the resident at 144 Marlborough Road experienced flooding and standing water following periods of heavy rainfall. The City responded with portable pumps to bypass pump the rainfall runoff around the property to the existing drainage infrastructure in Marlborough Road. Subsequent investigation of the drain culvert from the manhole on Marlborough Road identified a blockage and apparent collapsed section of pipe in the driveway of 144 Marlborough Road that prevented further investigation. The City retained a contractor to excavate a hole in the driveway and cut a hole in the pipe to remove the stuck equipment and remove the blockage. From the hole cut in the drain culvert, it was confirmed that the culvert is located under the garage of 144 Marlborough Road and is deteriorated and collapsing under the garage preventing access or maintenance and creating an unsafe condition. The City proceeded to replace the collapsed culvert with a new 24" PVC drain pipe from the driveway of 144 Marlborough Road to the drain culvert inlet on the adjacent 148 Marlborough Road property. Following installation of the new 24" PVC drain, the existing collapsed drain pipe was plugged on both ends with concrete, filled with controlled density fill, and abandoned. The impacted property was restored with loam and seed following construction. Property Owners* 144 Marlborough Road: Joseph J. Fratangelo of 144 Marlborough Road, Salem, MA 01970 146 and 148 Marlborough Road: Anthony Jermyn of 50 Ravenna Avenue, Salem, MA 01970 Rick Jermyn of Dover,NH 03821 *City is in the process of securing a permanent easement through these parcels to allow access and maintenance of drain culvert in future. Notification to Abutters All abutters located within 100 feet of the proposed work location will receive a notification of the proposed project in writing through Certified Mail, Return Receipt Requested in accordance with the MassDEP policy. (A copy of the letter and list of the abutters is attached) Forms and Fees This is a municipal project and all fees are waived by the Commonwealth of Massachusetts and the City of Salem. Existing Wetland Resource Areas In accordance with Mass GIS 2009 hydrographic layers, the proposed project area is located in the buffer zone of a Wetland Resource. None of these resources will be altered during the construction of this project. There is no portion of the project within the boundaries of Rare and Endangered Species WATER RESOURCES - BURIED INFRASTRUCTURE- PUBLIC WORKS - CONSTRUCTION ADMINISTRATION - LAND DEVELOPMENT Habitat according to the Massachusetts department of Fisheries & Wildlife (Mass GIS, Edition 13, October 2008). A copy of the filing does not need to be forwarded to the NHESP for review. Stormwater Management The project will not increase the impervious surface at the site. All necessary construction related sedimentation control are incorporated into the project and sedimentation or erosion from the site during earthwork. Erosion and Sedimentation Prior to any excavation at the site, sedimentation barriers (staked mulch sock, silt fence) are placed between the proposed work area and the drain culvert inlet on 148 Marlborough Road to prevent construction site runoff from reaching the downgradient resource area to the eastern side of Marlborough Road. The sedimentation barriers remain in place during and following construction. Alternatives Analysis An alternative analysis was developed and two options were identified to address the repair of the culvert. 1. Jet clean and line existing drainage culvert. 2. Install new culvert adjacent to existing collapsed culvert, transition flow into new culvert when complete, permanently abandon existing culvert. Alternative 2 was selected as the most cost effective alternative to avoid risk to existing building and improve accessibility for future City maintenance. NEW ENGLAND CIVIL ENGINEERING CORP. ' Page 2 of 2 Ci of Salem, MA 4/29/201 3 Interactive Map \ e°SOS `` �B 00 Nr' r Ila feet// / \ Property Information Property lD 09_0148_0 Location 144 MARLBOROUGH ROAD MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Because of different update echedules.current property assessments may not reflect recent changes to property ,oundadee.Check with the Boam of Assessors to confirm 'undades used at time of assessment. { n 1 A n C r m v FL 2- L 2.013 14 : 37 O �f O WFF�4i,V'i 3 S O O � r d � O " N Ol N }} f2 0 0 M1 - S O O n N M n s.. NeswF/:, 04 3�0 20 3 14:i 7 S 9 tIN `r ,✓ dG:. v F. i n I I a . •: �' }`t l'11 Y 4i� k 'V'T all My:./•Y` h�a�;.� a �� l� :;i l� 1.: r � 3y�yy�'e¢����� � C� 6a • il,W� L�J�v „y'� y�a'{kpi .. 1f � 1 . I .may +A � N' , +'�+ff�TAr V I ri t t •' 1'>^ .. f�yar � : I robp1�' 'i }p$sy • 43rI/1}.'r, •�ZI /`C f i Yj 4 3 •.4! 1. c ' _ ...i. t��y � /�@pJqe�l{4� ,,y,Z A�4�r• �j�''I� ti!'�4\ i.�1� 'y''' f � �tni- ),, �1 a a t� " � � ' '�. 7: rx �" •`t�i' + I a n^it s^ r � %I ,� ��+. � �. 'a � - ,? �� g!y °�<�r4, 1�F r. n�,rd y a"•tnv„",�' 1� 1 jj i• I _ �r f/r �. �,e s�' ry°� s at:�a�.� ��s�..F�1'�:.1a1. ��`� . . .- . . . SSP �AI AP 2 S'rT, t r:��. •r, t�'S1t LYS ar .. n Y ft a x r` - r' ;f::..:909 Ar S i is 4, f b k.•.: �� yy 3 r y rx s n 7 f a. • IT NDIT\0 jr s CITY OF SALEM CONSERVATION COMMISSION September 13, 2013 David Knowlton, City Engineer City of Salem 120 Washington Street, 41h floor Salem, MA 01970 Re: Certificate of Compliance—DEP #64-550—Marlborough Rd, drainage bypass Dear Mr. Knowlton: Enclosed, please find the certificate of compliance for the above-referenced property. This certificate must be recorded at the Southern Essex County Registry of Deeds, 45 Congress Street (Shetland Park) #4100 in Salem. Please fill out and return the Recording Information on 3 of page the certificate, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Ak Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providedbbyDEp A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use t David Knowlton City Engineer only the tab key Name to move your 120 Washington St. 4In floor cursor not Mailing Address use the return key. Salem MA 01970 Cityfrown State Zip Code ree 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: David Knowlton reun Name 6/18/2013 64-550 Dated DEP File Number 3. The project site is located at: 144 146 148 Marlborough Road Salem Street Address City/Town 9 148, 20, 21 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Joseph Fratangelo, Rick Jermyn Property Owner(if different) South Essex 6174,26549, 130, 487, County 26549 489 Book Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 9/6/13 Date — wpafr n&doc-rev 121223109 WPA Form 8B,Certificate of compliance-Page 1 of 3 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 8B — Certificate of Compliance 64-550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: ®j Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem Q �( Conservation Commission Dat of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See http://www.mass.gov/dep/abouUregion/findyour.htm). Sig tures: �n 7� s wpafrm8b.doc•rev.12/23109 WPA Form 8B,Certificate of Compliance-Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-550 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: ------ --------- --------------------- -------------------- --- - Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaf ri doc•rev.12/23/09 WPA Form BB,Certificate of Compliance•Page 3 of 3 71 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A - Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the David Knowlton City of Salem Engineering Department computer, use Name only the tab 120 Washington Street 41h Floor key to move g your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 978-619-5673 rm Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: '°° David Knowlton City of Salem Engineering Department Applicant June 18, 2013 64-550 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 144, 146, 148 Marlborough Rd Salem an Order of Street Address Conditions, the City Town property owner 148, 20,21 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance 9 �' from the issuing Joseph J. Fratangelo of 144 Marlborough Road, authority stating Rick Jermyn (of Dover) for 146 & 148 Marlborough Rd that the work or portion of the Essex 6174,26549,26549 130, 487, work has been County Book 489 satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpafcrm8a doc—rev.7/13104 Page 1 of 2 y + Y j If Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ® No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an CDC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see htttp://www.mass.gov/dep/abouVregion/findyour.htm). wpaform8a.doc—rev.7/13/04 Page 2 of 2 ,. • CQND�TT,�,�` ` �^db� CITY OF SALEM CONSERVATION TION COMMISSION June 18, 2013 David Knowlton, City Enineer 120 Washington Street, 4" floor Salem, MA 01970 Re: Order of Conditions—DEP #64-550 144, 146, & 148 Marlborough Road Dear Mr. Knowlton: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period (as of June 18, 2013), this document must be recorded at the Southern Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office 4 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassOEP File R Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information Please note: Salem this form has 1. From:been modified Conservation Commission with added 2, This issuance is for space to a.®Order of Conditions b.❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: . Requirements David Knowlton Important: a. First Name b. Last Name When filling City of Salem Engineering Dept. out forms on c.Organization computer, 120 Washington Street, 4tn floor use only the d. Mailing Address tab key to Salem MA 01970 move your e.City/rown I.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. See attached m a. First Name b. Last Name c.Organization reNn d. Mailing Address e.City/rown I.State g.Zip Code a. Project Location: 144, 146, 148 Marlborough Road Salem a.Street Address b.City/Town 9 148, 20, 21 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d30m9s 70d55m32s d.Latitude e. Longitude wpaforrr5.dcc• rev.0519/2010 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MasSDEPFIIeN Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction 4 Salem City/Town A. General Information (cont.) s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex South a.County b.Certificate Number(if registered land) 6174, 26549, 26549 130, 487, 489 c.Book d. Page 5/30/2013 6/13/2013 6/18/2013 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Reroute 24-Inch Culvert 144, 146, & 148 Marlborough Road Salem MA a. Plan Title New England Civil Engineering None b. Prepared By c.Signed and Stamped by None 1"=30' d. Final Revision Date e.Scale I.Additional Plan or Document Title g.Date B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c' ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpafoar5.tloc• rev.05/19/2010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are -. adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it Is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project 1 +/- disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linearfeet b.linearfeet c.linearfeet d.linearfeet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.dy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront Area b.total sc.feet Sol ft within 100 It .----_ .__. d.sauare feet _ -_._-.._ f.scuare feet Sq It between 100- 200 tt h.scuare feet ---77--7 .-.. i.souare feet wpaform5.00c• rev.0 511 9/2 01 0 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below if. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches cu yd cu yd 13' a.square feet b.square feet c.nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14' a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear-feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square teat b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a square feet b.square feet c.c/y dredged d.c/y dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5.tloc• rev.05/19k010 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If Salem City(rown B. Findings (cont.) #22. If the project is for 22. ❑ Restoration/Enhancement ': the purpose of restoring or square uare feet of BVW enhancing a q b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been entered In C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c (Bvw)or The following conditions are only applicable to Approved projects. B.1 To(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 6/18/2013 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,.wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5 doc• rev.05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File It Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction N Salem CitylTown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"I "File Number 64-550 " 11. Where the Department of Environmental Protection is requested to issue a Superseding q P 9 , Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpafwm5.tloc• rev.0 5/1 92 01 0 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project') is {t)❑ is not(2)0 subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge.Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.doc• rev.OW192010 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Tom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and #.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shalt be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpalorm5.doc• rev.05/1 g/2010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc• rev.05M gp010 Page 9 of 12 i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ®that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands&Conservation Ordinance c.50 1. Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached wpaform5.tloc• rev.0 5/1 92 01 0 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands C,y— Sr-0 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 eDEP ransaction# S4LI CltyrTown E. Signatures Important: This Order is valid for three years, unless otherwise specified as a special 6' When fining out forms on the condition pursuant to General Conditions#4,from the date of issuance. 1.D le_ of I suance computer,use Please indicate the number of members who will sign this form. only the tab key This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers to move your cursor-do not The Order must be mailed by certified mail (return receJreqeste )or ha deliver to use the return the applicant.A copy must be mailed, hand delivered oectr ni y the s e key. time with the appropriate MassDEP Regional Office. qurK Ar �by han delivery on ❑ by certified mail,return receipt '� requested,on Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. 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. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpa5sigsdoc• rev.022512010 Page_A of A'�— Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-550 WPA Form 5 - Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction p Salem Citylrown G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -----I-------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform&doc• rev.05/ 9/2010 Page 12 0112 :. Attachment to Order of Conditions# 64-550 � Page 1 of 2 SALEM CONSERVATION COMMISSION DEP FILE #64-550 144, 146, 148 Marlborough Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map(October 1, 2008) from Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This order permits, after the fact, construction of a stormwater culvert bypass as described in the Notice of Intent submitted to the Conservation Commission on May 30,2013. Property owners: 144 Marlborough Road: Joseph J.Fratangelo of 144 Marlborough Road,Salem 146& 148 Marlborough Road: Rick Jermyn of Dover,NH GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR t0.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. 3. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40, the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 4. The term "Applicant' as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 5. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 star. 816), U.S. Army Corps of Engineers. ' Attachment to Order of Conditions N 64-550 Page 2 of 2 (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 6. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 7. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 8. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. i AFTER CONSTRUCTION 9. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. 10. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission.