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64-487 - ORLEANS AVENUE- CONSERVATION COMMISSION �� AAA CITY OF SALEM 5Ii SALEM, MASSACHUSETTS ENGINEERING DEPARTMENT 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 Phone: (978) 745-9595 x5673 Kimberley Driscoll Fax: (978) 745-0349 Mayor DAVID H. KNOWLTON, P.E. CITY ENGINEER April 26, 2010 Thomas Devine, Conservation Commission Agent Salem Conservation Commission 120 Washington Street, 3`d Floor Salem, Massachusetts 01970 Re: Orleans Avenue Drainage Project DEP file No. 64-487 Request for Certificate of Compliance Dear Mr. Devine: This correspondence has been prepared to certify that the work associated with the above referenced project was completed in compliance with the above referenced Order of Conditions, and a set of as-built plans have been filed in the Engineering Department. The City hereby requests a certificate of Compliance from the Commission for this Project. If you have any questions, please call. Very truly yours, David H. Knowlton, P.E. Coty Engineer \\SalemdcOnWaterAdmin\DKnowlton\My Documents\miscellaneous\mise\request for cert of compliance 4-8-13.doc ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance 64-487 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, PE computer, use Name only the tab cn key to move 120 Washingtons Street 4 floor your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 978-745-9595 Ext. 5670 +� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: David Knowlton, PE Applicant February 10 2009 64-487 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in Orleans Avenue, behind homes#9, 11. 13, 15 &drainage Salem an Order of easement December 1968 Cityrrown Conditions, the property owner vanuos various 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 ry from the issuing see attachment authority stating Property Owner(if different) that the work or Essex portion of the work has been County Book Page 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. wpaformaa.doc••rev.7/13/04 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance 64-487 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 OOC 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 htto://www.mass.aov/dea/abouttregion/findvour.htm). wpaformaaAm••rev.7113104 Page 2 of 2 a� QTY OF SALEM, MASSACF JSEM f ENGINEERING DEPARTMENT 120 WASI-ENGTON STREET,4TH FLOOR TEL.(978)745-9595 EXT.5670 KIMBERLEY DRISCOLL FAX(978)745-0349 MAYOR DAVID H.KNOWLTON,P.E. QTYENGINEER ATTACHEMENTi ORDER OF CONDITIONS-DEP#64-487 ORLEANS AVE DRAINAGE PROJECT, SALEM MASSACHUSSETTS LINE 4. PROPERTY OWNER 9 ORLEANS AVE—THOMAS POTORSKI book 80464 page 447 11 ORLEANS AVE—JANICE and SCOTT CHARLTON book 63620 page 296 I3 ORLEANS AVE-JOHN and GLORIA E:PERO book 70283 page 359 S�stph�re.T. 15 ORLEANS AVE—ORLANDO GALLO J ETUX book 79805 page 441 f}5 Jr�sd•�c, GrCu.ndo � ��n.Ilo 1.Ju/r�4 li-yc� yYt�Ctt'z.Z.��,. Joc�hN¢ `1 Ejolio ttvir� TruS� 04r& 'z2 y�coriuir��Q r \ ', CITY OF SALEM CONSERVATION COMMISSION April 12, 2013 David Knowlton, PE City of Salem Engineering Department 120 Washington St., 4`h floor Salem, MA 01970 Certific ates of Com liance—DEP #64-487—P Orleans Ave. Drainage Easement Dear Mr. Knowlton: Please find the enclosed certificate of compliance for the above-referenced project. This certificate must be recorded at the South Essex County Registry of Deeds, 45 Congress Street (Shetland Park) #4100 in Salem. Please fill out and return the Recording Information on page 3 of the certificate, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions lease feel free p to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-467 _ � Provided by DEP A. Project Information Important: When filling out 1.. This Certificate of Compliance is issued to: forms on the computer,use David Knowlton City of Salem Engineering Department only the tab key Name to move your 120 Washington Street 4`n floor cursor-do not use the return Mailing Address key. Salem MA 01970 City/Town State Zip Code e6 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: David Knowlton City of Salem Engineering Department Name 2/10/2009 64-487 Dated - DEP File Number 3. The project site is located at: 9,11,13,15,17 Orleans Ave., 296 Highland Salem Ave. easement City/Town See attached Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: David Knowlton City of Salem Engineering Department Property Owner(if different) South Essex See County attached Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/11/2013 Date wpafrm8b,00c•rev.12/23/09 WPA Form 88,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP file Number. WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa-asp Provided by DEP B. Certification Check all that apply: 9 Complete Certification: It is here by certified that the Y work regulated above-referenced Order of Conditions has been satisfactorily comp completed. the ❑ 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: #48 C. Authorization Issued by: Salem Conservation Commisslon D e of I 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). Signatures: i _ � C wpafrm9b,doc•rev.12/23/09 WPA Form 86,Cenifcale of Compliance•Page 2 of 3 -------- - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 s4-487 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:------------------------------------------------------- --------------------------------------- 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 wpalrm8b.doc•rev.12/23109 WPA Form BB,Certificate of Compliance•Page 3 0/3 Attachment #1 List of property owners in construction area - ------------------------------------------------------- Map & Lot #: 08_0035 Address: 9 Orleans Ave Owner: Pitorski, Thomas 9 Orleans Ave Essex County Salem, MA 01970 Book & Pag e:9 80464-447 ------ - -- ------------------------------------------------------- Map & Lot #: 08_0036 Address: 11 Orleans Ave Owner: Charlton, Scott 11 Orleans Ave Salem, MA 01970 Essex County Book & Page: 63620-296 ------------------------------------------------- Map & Lot #: 08_0038 Address: 15 Orleans Ave Owner: Josephine & Orlando Living Trust 13 Orleans Ave Essex County Salem, MA 01970 Book & Page: 79805-441 ------------------------------------------------------- Map & Lot #: 08_0039 Address: 17 Orleans Ave Owner: Dos Santos Edemar 17 Orleans Ave Salem, MA 01970 Essex County Book & Page: 75562-406 ------------------------------------------------------- Map & Lot #: 08_ O29 Address: 296 Highland Ave Owner: Amenta Messina Deschamps 305 N Pompano Beach Blvd #510 Essex County Pompano Beach, FL 33062-513 Book & Page: 58896-272 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information 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. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Orleans Ave (Drainage Easement) 64-487 Protect Location MassDEP File Number Has been recorded at the Registry of Deeds of: sS�n Sor�fh County Book Page for: Document: 497213 Property Owner and has been noted in the chain of ill WYf t%J e8W. y%�GISTRY OF DEEDS RECEIVED FOR REGISTRATION J�n� 7DZ£j3� 9SOSt �yb(�Book p� On: 3/26/2009 12:2y tTt Csr}< rC� In accordance with the Order of Conditions issued on: Date Noted on Cert: 63620 BOOK: 296 Noted on Cert: 70293 BOOK: 359 If recorded land, the instrument nu Noted on Cert: 79805 BOOK: 441 tr1bixddeftti flg 3hitii4WSUtk:rt 'dt7 N/V In9trument Number If registered land, the document number identifying this transaction i :ESSEX _C.,'- Z r 3 '3ICT Document Number I j MAR 2 6 1009 Z Signature of Applicant wpaformadx• rev.&o9 /.- 3� 1P�a9e�t 11 YV7 7t8sS Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Ni File Number: WPA Form 5 - Order of Conditions 64-487 Lilt 7 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information 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 fine, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Orleans Ave (Drainage Easement) 64-487 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: r sSe-jt SO(1- County Book Page for: Document: 497213 Property Owner and has been noted in the chain of%V&47a e8W- y%�GISTRY OF DEEDS RECEIVED FOR REGISTRATION (IA)20 , 1DI 3�`MEt Iy6� Book On: 3/26/2009 12:2' In accordance with the Order of Conditions issued on: Date Noted on Cert: 63620 BOOK: 296 Noted on Cert: 70283 BOOK: 359 Noted on Cert: 79905 BOOK: 441 If recorded land, the instrument nuMb%4deAtif)4p@A[Uj4W$0WJDn i%7 Indrument Number If registered land, the document number identifying this transaction i MICT Z F3 Document Number MAR 2 6 2009 2zJ Signature of Applicant wpaform5Ad • rev.5/08 *Page 1;.pf 11 y 7t8+iS YY7 8ey�y ���nvtur�q� CITY OF SALEM CONSERVATION COMMISSION ` February 10, 2009 David Knowlton City of Salem 120 Washington Street Salem, MA 01970 Re: Order of Conditions—DEP #64-487 Orleans Ave Drainage Project, Salem Massachusetts Dear Mr Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of February 25, 2009), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File # 64-487 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Duq es Conservati n Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office LEIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling t. From: Conservation Commission — --- out forms on the computer, 2. This issuance is for (check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not David Knowlton _ use the return a. First Name b. Last Name - key. _City of Salem Engineering Departmen ('' c.Organization Y � 120 Washington Street d. Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 4. Property Owner (if different from applicant): a. First Name b. Last Name c.Organization d.Mailing Address e.City/Town f.Stale - g.Zip Code s. Project Location: Orleans Avenue, behind homes#9, 11, 13, 15, & Salem 17, Drainage Easement December 1968 b.City/Town -- various various c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42 30'9" 70 55' 32" e. Latitude f. Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b. Certificate Number(if registered land) c. Book d. Page 7. Dates: December 23, 2008 _ January 22, 2009 February 10, 2009 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): Map #1 Current Conditions City of Salem Orleans Ave Draina e- a. Plan Title ------ — James - Printed by James - ------------------- b. Prepared By C. Signed and Stamped by October 2008 __ 1"=100' d. Final Revision Date e. Scale - Orleans Avenue Drainage Investigation Task Order No. 15 On-Call Civil October 2008 --e_ -------- ---ngineering Support Services City of Salem RFO H-47 g. Date wpalorm5.goo- rev.5M Page 1 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 IL Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. 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. 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 z. 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. 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 these interests, 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 0 wetland boundary (if available) a. linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet 5. ® Bordering Vegetated 0 0 _ 0 0 Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.dy dredged f.dy dredged wpalorm5.doc• rev.5108 Page 2 of 11 it Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 ELIMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ® Bordering Land 0 0 0 _ o Subject to Flooding a.square feet b.square feet C. square feet d.square feet Cubic Feet Flood Storage 0 f.cubic 0 0 e.cubic feet cubic feet g,cubic feet h.cubic feet 8. El Isolated Land Subject to Flooding a.square feel b.square feet Cubic Feet Flood Storage C.cubic feet d.cubic feet e.cubic feet f.cubic feet s. ❑ Riverfront area a.total sq.feet b. total sq.feet Sq ft within 100 ft C.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft _ g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.Uy dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.cly nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 15. ❑ Coastal Banks a.linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet 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.dy dredged d.o/y dredged 1s. ❑ 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 z1. El Subject to Coastal Storm Flowage a.square feet b square feet wpalorm5.d.o• rev.510E Page 3 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: ), WPA Form 5 - Order of Conditions 64-487 _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, u es, shall be deemed cause to revoke or modify th is Order. 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. 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. 7. 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. 8. 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 this 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. 9. 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"] "File Number 64-487 " wpafcrm5.dcc- rev.5/08 Page 4 of 11 l FL1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 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. 14. 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. 15. 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. 16. 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. 17. 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 18. The work associated with this Order(the "Project') is (1)❑ is not(2)® 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. %vpalorm5.doe• rev.5108 Page 5 of 11 I` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number- Bureau Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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; N. 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. 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 BMPsOperation 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 ii.)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, and 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 shall 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.tloc• rev.510E Page 6 0l 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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): see attached D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The 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. wpalorm5.tloc• rev.5108 Page 7 0!11 I 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: — WPA Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.) b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 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): vvpaform doc- rev.5108 Page 8 0l 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: ?; WPA Form 5 — Order of Conditions 64- y,?7 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (�� This Order is valid for three years, unless otherwise specified as a special t,bruc 1Q Foo condition pursuant to General Conditions #4, from the date of issuance. f. Date of Is uance Please indicate the number of members who will sign this form: (a This Order must b majority of the Conservation Commission. 2. Number or igners The Order mus a mailed by ce ified mail (return receipt requested)or hand delivered to the applicant. A copy also must a mailed or han delivered at the same time to the appropriate Department of Environmental otection Regio I Office, if not filing electronically, and the property owner, if different from applicant. Signatures: C Notary Acknowledgement Commonwealth of Massachusetts County of On this ZZ of anu0r ZOAD Day Month Year Before me, the undersigned Notary Public, D.7abi�, k.G4�av k-Co.�<-� personally appeared Name of Document Signer M.gl�ex. proved to me through satisfactory evidence of identification, which was/were DQ,r=�oro..�-y k"WZ Desc iption of evi ence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of 50lL1y' Conservation Commission City/Town fl CAREY R.DUOUES Pubic UTC=gMWlAl1N OIIWW211MlrD / -- AN Carnriglarr E>pM.. �; Is,2010 Signature of otary Public Printed N e of Nota Public Place notary seal and/or any stamp above A 1- ((6 Z6=�---------- - My Commission 9 pires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date �� �-T z�(� wpaform5.doc• rev.5I06 Page 9 of 11 Massachusetts Department of Environmental Protection 'Lill Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5_doc• rev.5105 Page 10 0l 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-487 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information 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. ---- ---------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Orleans Ave (Drainage Easement) 64-487 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 wpaloon5.doc- rev.5108 Page 11 of 11 Attachment to Order of Conditions # 64-487 Page lof 6 SALEM CONSERVATION COMMISSION DE FILE #64-487 Orleans Avenue Drainage Project Located within a drainage easement behind homes at 9, 11, 13, 15, and 17 Orleans Ave, City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vemal Pools Map (June 1, 2003) 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 vemal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. This approved project is located within a drainage easement as shown on a plan entitled"Proposed Drain Easement Rear of Orleans Ave Salem, Mass." Scale 1"=40' dated December 1968 signed and stamped by the City Engineer, Ralph W. Tedford. This Order permits the removal and replacement of approximately sixty (60) feet of drain pipe that currently has heavy root intrusion, thought to be caused by two Willow Trees located in the drainage easement above the pipes. The work will be done with care as to disturb the Willow Trees as minimally as possible. One potential technique includes using a root cutter that is inserted into the drainage pipe. This section of drainage pipe is located outside of the Commission jurisdiction but ultimately drains into the adjacent wetlands and therefore was reviewed. This Order permits the removal and replacement of approximately eighty (80) feet of drain pipe located within the 100 foot buffer zone to a bordering vegetated wetlands. This eighty foot section has shifted and no longer has the correct slope allowing for proper drainage and discharge. At the end of the eighty(80) feet of drainage pipe the existing manhole will be removed and replaced. A flared section of pipe will be added to improve the drainage. Proper erosion controls shall be installed prior to construction and maintained throughout the entire project. Erosion controls shall be installed and include installation of a turbidity curtain downstream from the outlet pipe. Spill kits are to be on site throughout the duration of the project. Maintenance of the existing drainage channel has also been approved, so long as, the work is completed by hand and no machinery is in the wetlands. All trash, debris, etc. removed from the drainage area/wetlands shall be removed from the site and properly disposed off site. The Commission is also requiring that the project area(s) be loamed and seeded and if necessary a jute mat shall be installed to stabilize the area and allow for the grass and vegetation to re-establish post-construction. The Commission has also requested that a Maintenance Report be submitted to the Conservation Commission by December 3 1"of each year focusing on activities relating to the drainage structures. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(all 6 pages) 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. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. Attachment to Order of Conditions # 64-487 Page 2of 6 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 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, p shall occur on this property w pp without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-487, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. 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. 8. 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. 9. 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 stat. 816), U.S. Army Corps of Engineers. (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. 21 A 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.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. Attachment to Order of Conditions N 64-487 Page 3of 6 13. 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. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Map #1 Current Conditions: City of Salem, Massachusetts Orleans Ave Drainage (Title) Revised October 2008 (Dated) Printed by James (Signed and Stamped by) City of Salem Conservation Commission (On file with) Orleans Avenue Drainage Investigation task Order No. 15 On-Call Civil Engineering Support Services City of Salem RFQ H-47 (Title) October 2008 (Dated) Created by New England Civil Engineering Corp. (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. 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. 17. Condition Number 48 as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above, there shall be a Pre-Construction Meeting between the project supervisor, the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be Attachment to Order of Conditions N 64-487 Page 4of 6 adjusted, if necessary, during the pre-construction meeting. Please contact the Conservation Commission Agent at (978) 745-9595 ext 311 at least forty-eight (48) hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty (20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30) days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). Attachment to Order of Conditions # 64-487 Page 5of 6 31. All waste products, grubbed stumps, slash; construction materials,,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area, nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other components shall be fixed immediately. 37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 39. 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. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components, wells, utility lines, fences, retaining walls,and roads/driveways; (d) A line delineating the limit of work- "work"includes any tilling, excavating and/or disturbance of soils or vegetation approved under this Order; 40. 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. i Attachment to Order of Conditions N 64-487 Page 6of 6 41. If the completed work differs from that in the original plans and conditions, the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. Erosion controls shall be installed, including installation of a turbidity curtain downstream from the outlet pipe. 44. Spill kits are to be on site throughout the duration of the project. 45. Maintenance of the existing drainage channel shall be completed by hand. No machinery is permitted in the wetlands. 46. All trash, debris, etc. removed from the drainage area/wetlands shall be removed from the site and properly disposed off site. 47. The project area(s) shall be loamed and seeded and, if necessary, ajute mat shall be installed to stabilize the area and allow for the grass and vegetation to re-establish post-construction. 48. A Maintenance Report shall be sub Is'p rmtted to the Conservati on Commission by December 31 of each year focusing on activities relating to the drainage structures discussed in this Order. Massachusetts Department of Environmental Protection P(owdediby MaasDEPI�5a�rt'�f �,r MC- Bureau of Resource Protection -Wetlands i. MassDEP,File Number; WPA Form 3 - Notice of intent r< ` ' ? ' it L div v t < r i4`tL DocumenETransa,10111 Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town ImporWhenfllin A. General Information When filling out forms on the computer,ue tabkey 1. Project Location (Note: electronic filers will click on button to locate project site): only to move your Orleans Avenue Salem MA cursor-do not a.Street Address b.City/Town/Town C.Zip Code use the return y P key. 420 30' 9" 700 55'32" Latitude and Longitude: d.Latitude e. Longitude m See attachment#1 See Attachment#1 f.Assessors Map/Plat Number g. Parcel/Lot Number ICI 2. Applicant: David Knowlton a. First Name b. Last Name Note: City of Salem Engineering Department Before c.Organization completing this form consult120 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 (978) 745-0349 dknowlton@salem.com or ordinance. x5673 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.ZipCode h. Phone Number i. Fax Number j. Email address 4. Representative (if any): James Harrington a.First Name b.Last Name New England Civil Engineering Corp 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 jmh@engineeringcorporation.com h. Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NO[Wetland Fee Transmittal Form): N/A a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev.02/21/08 Page 1 of 8 Massachusetts Department of Environmental Protection ProymedXby,MessoePt s Bureau of Resource Protection -Wetlands ' ka = 41 MassDEPFrleNur�ber., �'d +,n WPA Form 3 - Notice of Intent DocumenthTransactrpnrNumb@r,, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityrrown A. General Information (continued) 6. General Project Description: Remove and replace approximately sixty(60)feet of drain pipe with heavy root intrusion. Remove and replace approximately eighty (80) feet of drain pipe, remove existing drain manhole and replace with flared end section. Perform maintenance and cleaning of drain channel. Refer to recommendation#2 pages 34 in attached report titled "Orleans Avenue Drainage Investigation" . 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. ® Other 7b. 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 ® 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. ❑ 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. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any) Resource Areas, please attach a a. ❑ Bank narrative 1.linear feet 2.linear feet explaining how b. ® Bordering Vegetated 0 the resource area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev.02/21/08 Page 2 of 8 Massachusetts Department of Environmental Protection Ptowded Bureau of Resource Protection - Wetlands + MassDEP;fFile Npmber'�.1��,�+'"�h WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "� °ooumeptTra"sactionNumbefti 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 0 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 5.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. ElDesignated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt b. ❑ Land Under the Ocean page)with all 1.square feet 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 q 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1,square feet q 2.cubic yards dune nourishment wpaform3.doc•rev.02121/08 Page 3 of 8 Massachusetts Department of Environmental Protection Prowdedxby,MassDEP +t- i t ,i o w r a � Bureau of Resource Protection - Wetlands x #,MassDEP'File Numbers, WPA Form 3 - Notice of Intent h ;} DocumenfTransachonNUmber;� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cityrrown 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 feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged 1. ❑ 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 I. ❑ 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 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://www.mass.gov/dfwele/dfw/nhesp/nhregmar).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 September, 2008 Route 135, North Drive b. Date of map Westborough, MA 01581 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 CA.C, 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). wpafonn3.doc•rev.ROM Page 4 of 8 Massachusetts Department of Environmental Protection ProwdedrbyMessDEP Bureau of Resource Protection - Wetlands �' '"'` `�" ' 'MassDEPlFIe Number;`,/,,, �"I' WPA Form 3 - Notice of Intent "' ` ` _ �_ ;r+ 0� ' DocmtieritlTransactlon.+Numbbr L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityfrown C. Other Applicable Standards and Requirements (cont'd) 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/dfvvele/dfw/nhesp/nhenvmesa.htm) Make check payable to"Natural Heritage & Endangered Species Fund"and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d)❑ Vegetation cover type map of site (a)❑ 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, hfto://www.mass.gov/dfwele/dfw/nhesp/nhenvexemiptions.htm; the NO[ 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 Number b.Date submitted to NHESP 3.❑ Separate MESA review completed. Include copy of NHESP "no Take"determination or valid Conservation & Management Permit with approved plan. * Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see www.nhesi).org 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. wpafonn3.doc•rev.02/21/08 Page 5 of 8 Massachusetts Department of Environmental Protection ProvidedtbyMass�DEP.,!�' s' Bureau of Resource Protection -Wetlands ; ��1rMassDEPFde Nember,���� ����,; WPA Form 3 - Notice of intent DocumenMTransactio�Numper Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ` Cityrrown C. Other Applicable Standards and Requirements (cont'd) 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 NOI 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- North Shore Office Southeast Marine Fisheries Station Attn: Environmental Reviewer Attn: Environmental Reviewer 30 Emerson Avenue 838 South Rodney French Blvd. Gloucester, MA 01930 New Bedford, MA 02744 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. El Yes ® No 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 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)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.® No. Check why the project is exempt: 1.❑ Single-family house RPPCur i;i !Jo �p,�vpoud cia,aye 2. ® Emergency road repair � of i mfex v(uv5 CtrfGt or runafF paf'ferns . 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. wpaform3.doc•rev.02/21/08 Page 6 of 8 I Massachusetts Department of Environmental Protection Provided by Bureau of Resource Protection - Wetlands "� `� ;: �fw',x � ,,MassDEP'FIIeNymbAr;, i`� WPA Form 3 - Notice of Intent "� '` ' DocumeriCTransachobe Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 nv 'um rs Cityrrown 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. ❑ 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. Orleans Avenue Drainage Investigation a. Plan Title New England Civil Engineering, Corp. _ William M. Ross b.Prepared By c.Signed and Stamped by October 29, 2008 Varies d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 5. 0 If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ 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. 8. ❑ Attach NO] Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. 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 NO] 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 wpafom13.doc•rev.02/21/08 Page 7 of 8 Massachusetts Department of Environmental Protection PrbwdedbyMasaDea a Bureau of Resource Protection - Wetlands "L71 �° ��, 'MassDEP,,File Number<< ";" ,� WPA Form 3 — Notice of Intent ..;�`DocumenC,Transactioii�Number:+ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CityRown 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). I 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 project location. (,f-�� (k) 1.Signature of Applicant 2. Date 3.Signature of Pro erty Owner(if different) 4.Date 9,� A-- I IS /t,Cf 5.Stilreture of Representatry f 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 NO] 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.02/21/08 Page 8 of 8 Massachusetts 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: A. Applicant Information When filling out - forms on the 1. Applicant: computer,use only the tab key to move your a.First Name cursor-do not b. Last Name use the return key. c.Organization d.Mailing Address e.Cityrrown f.State g.Zip Code mra h. Phone Number i. Fax Number j. Email Address 2. Property Owner(if different): a.First Name b. Last Name c.Organization d.Mailing Address e.Cityrrown f.State g.Zip Code h.Phone Number i. Fax Number j.Email Address 3. Project Location: a.Street Address b.Cityrrown To calculate B. Fees filing fees,refer to the category The fee should be calculated using the following six-step process and worksheet. Please see fee list and 9 9 P examples in the Instructions before 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 Form 3(Notice of Intent). buffer zone. 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 S/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. WPaform3.Coe•Wetland Fee Transmittal Farm-rev.7/21/08 Page 1 of 2 Massachusetts 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 City/Town 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.) Wpafa &d3 •Welland Fee Transmittal Fonn•rev.M1108 Page 2 of 2 Attachment #1 List of property owners in construction area --------------------------------------------------------------------- Map & Lot #: 08_0035 Address: 9 Orleans Ave Owner: Pitorski, Thomas 9 Orleans Ave Salem, MA 01970 Essex County Book & Page: 80464-447 --------------------------------------------------------------------- Map & Lot #: 08_0036 Address: 11 Orleans Ave Owner: Charlton, Scott 11 Orleans Ave Salem, MA 01970 Essex County Book & Page: 63620-296 --------------------------------------------------------------------- Map & Lot #: 08_0038 Address: 15 Orleans Ave Owner: Josephine & Orlando Living Trust 13 Orleans Ave Salem, MA 01970 Essex County Book & Page: 79805-441 --------------------------------------------------------------------- Map & Lot #: 08_0039 Address: 17 Orleans Ave Owner: Dos Santos Edemar 17 Orleans Ave Salem, MA 01970 Essex County Book & Page: 75562-406 --------------------------------------------------------------------- Map & Lot #: 08_0029 Address: 296 Highland Ave Owner: Amenta Messina Deschamps 305 N Pompano Beach Blvd #510 Pompano Beach, FL 33062-513 Essex County Book & Page: 58896-272 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B LOWELL STREET, WILMINGTON, MA 01887 978-694-3200 pp>VEE DEVAL L.PATRICK Era E i � IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY JAN 2 6 2009 LAURIE BURT Lieutenant Governor Commissioner DEPJ'.Or FLANNNJG pa rr Gvl`�iX Jt.��1r_',yit41 11];d_�,1 DATE: January 22, 2009 Municipality: SALEM (city/town) RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: David Knowlton Owner: City of Salem Address: 120 Washington Street Address: Salem,MA 01970 LOCUS: Orleans Avenue This project has been assigned the following rile# :NE 064-0487 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,NOT APPROVAL OF APPLICATION Although a file# is being issued,please note the following: More information should be provided for work proposed within the drainage channel. Any BV W or other wetland resource areas should be delineated. Erosion control needs to be provided. Any dewatering activities? Location for stockpiled materials including soil. A schedule for work should be provided to the Commission. How, during construction,will water be diverted if necessary. If you have any questions regarding this letter, please contact: Ms. JILL PROVENCAL @(978) 694- 3250 Cc: Conservation Commission: Salem Conservation Commission, 93 Washington Street This information is available in alternate format.Call Donald M.Games,ADA Coordinator at 617-556-1057. Too#1-866-539-7622 or 1-617-574-6868. - htto://w .mws.gov/de •Fax(978)694-3499 j'� Printed on Recycled Paper 276 Highland Ave., LLC January 5, 2009 JAN 0 6 2009 DEai: Or FLaNPMG a u..;;�•rti/E GI?9fc"!T Salem Conservation Commission c/o David Pabich, Chairman 120 Washington Street, 3rd Floor Salem, MA 01970 RE: Drainage repairs/rear of Orleans Avenue Dear Commission Members: I am the property owner located at 276 Highland Avenue. I want to urge you to vote favorably upon the petition before you regarding drainage repairs along the rear of Orleans Avenue. The drain easement crosses through our property. With each heavy rain, we suffer flooding in the basement and rear of our property. Because our entrance requires circulation around the building, we are, at times because of the flooding, unable to access the property's parking lot. This repair and partial line replacement is urgent and critical in order to alleviate our flooding, and, as I understand it, others along Orleans Avenue. Thank you; in advance; for your consideration and cooperation. Sincerely, Andrew `B. Rose ABR/gdb 600 Lorin,_)n, Avenue • Salon NNIA 01.970 ^ (979) 741 4 740 I'ux (979) 745 17?3 • Fin til, an }I d<ccnter orOreta:it.ccn7 PROPOSED �Ssgc DRAIN EASEMENT \\ I, , :PFLPH \ lr REAR Vf" !- r w �. ORLEANS AV t iEOFORD SAhEM MAS lot it u p�EEANS . 8 7-20-Jo r 50 'S'00 iA0.0 !TO MARLOQ 175.17 Rp{Id Ci, • � " it[ , �� ,, Ilk a U ', _�' ZED .., } . aA;. tet�( V . �. . -- `• 4 E. 1:O:1a1 I . z i _ PRE•,;,. � b; �- 4 -fr21'' -10E a� WIIL IAM s, JOSEPH A & , MARGU, RITA T B;3E...-. .P1QR I . OE Mkt 8rao e . ,AS7 #3 t7KtO1�fO; .. 7;:r. : . .. K.. . .. _ .. ;. . n ovw Y,t NAIV ntxor. . Vz • ©� 3NfMd�sor r ©.aa � " .rt e wit, O •'�� .yes old? .q i �pp 33 ti � y 3, Ct T `' '.`N hl (Ilc t ,S � ^h "•r J l�,y j.,f y{ '.Tl Tsl r - T��,l�F 1 £.' Y , r � h .7 � �`k >.• Y' �' p,�t'F ` k.} y,.r �<� cc���� s,, r R :e- S .i i x vi; ;i