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64-313 - 5 RIVERBANK ROAD - CONSERVATION COMMISSION
N OS . 9A . 64-3\3 No. 4210 1J3 Pendaflex® 10% i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 WPA Form 8B — Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Marie Gauthier computer, use Name only the tab key to move 5 RiverBank Road your cursor- Mailing Address do not use the Salem MA 01970 return �key. CityFFown State Zip Code V M y. 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Marie Gauthier Name 12/14/00 64-313 Dated DEP File Number 3. The project site is located at: 5 Riverbank Road Salem Street Address Citylrown Map 31 Lot 247 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Same Property Owner(if different) Essex 12547 403 County Book - Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: June 25, 2001 Date B. Certification Check all that apply: ® 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: WPA Form BB Page 1 of 3 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: _r Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance Pro 5 p Providedd by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) ❑ 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 The Order of Conditions has lapsed and is therefore no longer valid.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: Conservation Commission Date of Issuance 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 Appendix A). Sig Ai 6n Of Day Month and 1'eaf efore a personally appeared tp nown to be the person described in and who executed the foregoing instrument and ac 'o edged tha e/ a xe uted the same as his/her free act and deed. ry Pubic My co fission expfres WPA Forth as Page 2 of 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 WPA Form 8B — Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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: 5 Riverbank Road 64-313 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 WPA Fom as Page 3 of 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands G - 3 17) WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This request is bei g made by: forms on the computer, use Na e only the tab 1— - key to move � t V b(kt v[1 your cursor- A ress �tq��7^�, do not use the l^ TVA — ©l l 'l--t return key. Cityrrown fate Zi de ad Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: t Applic Dated DEP File Number Upon completion of the work 3. The project ite is located at: n authorized in v I IL— �� 5`Q an Order of Street Address - ;or!Town Conditions,the e—. _ property owner 31 _ a rc must request a As ors"Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds Compliance g ry for: from the issuing authority stating Property Owner(if different) p that the work or �SSEX �� ,gyp �lT 4� portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): Xthe 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. WPA Farm M Page 1 of 2 Rev.02100 Massachusetts DEP File Number:Department of Environmental Protection 2 Bureau of Resource Protection -Wetlands ( 3 t J WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 Appendix A). WPA Forth BA Rev.02100 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do XX Order of Conditions not use the return key. ❑ Amended Order of Conditions e To: Applicant: Property Owner(if different from applicant): Marie A. Gauthier Same Name Name 5 Riverbank Road Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 5 Riverbank Road Salem Street Address- City/Town Map 31 Lot 247 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 12547 403 County Book Page - Certificate(if registered land) 3. Dates: 12/1/00 12/14/00 12/14/00 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Plan Diagram 12/1/00 Title Date —___ 5._Final_Plans_and_Documents_$igne_d_and Stamped-by:- _ _ _ Gulf of Maine Research Center, Inc. Name 6. Total Fee: $165.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Fo"5 Page 1 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 K WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 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: ❑ Public Water Supply Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply X Fisheries X Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention X Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: X the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet.the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. -- - _-- 2—The Order does not-grant-any property rightsor-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. WPA Form 5 Page 2 of 7 Rev.02/00 _ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 WPA Form 5 - Order of Conditions Provided by DEP r Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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,"MA DEP"] "File Number 64-313 " 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 DEP. 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. WPA Form 5 Page 3 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: ugBureau of Resource protection - Wetlands 64-313 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Here by finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, - — — -- — -specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Page 4 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands (;,y _313 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. r.c�••kt-ems �4 2.,ru� Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner(if different from applicant). Signatures: / cx r c ¢-, Of Day Month and Year before me personally appeared (akvy--- v\C-- ^ -� to.rne known to be the person described in and who executed the foregoing instrument and acknowled d that he/ he axe ted the same s his/her free act and deed. 2c7a�— No ry Public My Comnission Expires This Order is issued to the applicant as follows: by certified mail, return receipt requested,on ❑ by hand delivery on Date Date WPA FM 5 Pegs 5 of 7 Rev.02100 i Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection - Wetlands 64-313 WPA Form 5 - Order of Conditions Provided by DEP o Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. 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 DEP 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 Appendix E: 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. 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. D. 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 Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 5 Page 6 of 7 Rev.02100 "\ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-313 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) 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: 5 Riverbank Road 64-313 Project Location DEP 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 WPA Farts 5 Page 7 of 7 Rev.02/00 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-313 City of Salem, 5 Riverbank Road 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00, and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-313, and not placed on a living tree. 6. 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 Comrnission 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. 7. 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 Corp 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 (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. 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. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods —and_boundary during construction-if necessary... 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone, other than that approved in this Order shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act, or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. 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 signed statement 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. 14. Conditions number 52 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. 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 Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be_NA hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; additional measures may be required by the Commission. 22. 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. 23. 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. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty 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. 27. If soils are to be disturbed for longer than two 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 surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. 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. 30. Only clean fill, free of masonry, stumps, asphalt,and any other kind of waste material shall be used on the site. 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 rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when completed. 39. The applicant is hereby 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. -- - POST-CONSTRUCTION - - --- ----- 40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed, and seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas; and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. 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. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. The applicant shall immediately install a silt fence at the top of the bank,which will extend the length of the property and/or the limit of work.The bottom of the silt fence shall be buried into the top of the bank at a depth of six inches. 50. French drains shall be installed instead of the drywells for the down sprout drainage.The four-inch PVC pipes that have been install for drainage shall be removed. 51. Soil stockpiles shall be covered at all times. 52. Draining of the outside hot tub water shall be done by using the existing drain system located irn the basement of------the residence.Discharge of this water onto the ground or into the wetlands resource areas is not allowed. 53. All work all shall be completed by April 21,2001.In the event that any of the proposed work is not completed by the said date,the applicant must notify the Conservation Commission. GULF OF MAINE RESEARCH CENTER INC. ' Notice of Intent Under the ' Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and +' Salem Wetlands Ordinance For property at: ' 5 Riverbank Road Salem, Massachusetts ' Prepared for: Marie A. Gauthier 1 Prepared by: ' Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem, Massachusetts ' December 1,2000 ENVIRONMENTAL CONSULTING SERVICES aO 1 1 ' INDEX NOTICE OF INTENT 5 Riverbank Road Salem,Massachusetts ' NOTICE OF INTENT WPA Form 3,pages 1-8 Appendix A; Abutter Notifications Abutter Notification Affidavit of Service Abutter Notification Form ' Certified List of Abutters Appendix B,Filing Fees WPA Wetland Fee Transmittal Form, pages 1-2 I ' Copy of Checks to City and State ATTACHMENT 1: WETLANDS REPORT Wetlands Report, 5 Riverbank Road, Salem,MA ' (Gulf of Maine Research Center, Inc., December 1, 2000) ' ATTACHMENT 2: SITE PLAN Site Diagram, 5 Riverbank Road, Salem (GMRC,December 1, 2000) 1 1 1 r 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemTown A. General Information ' Important: When filling out 1• Applicant: fors on the Marie A Gauthier II ' computer, use Name E-Mail Address(if applicable) only the tab key to move 5 Riverbank Road your Cursor- Mailing Address ' do not use the Salem MA 01970 return key. City/Town State Zip Code 44-4557 Phone N � Phone Number Fax Number(if applicable) ' 2. Representative(if any): Gulf of Maine Research Center, Inc. ' Firm Joseph H. Orzel gmrc@tiac.net Note: Contact Name E-Mail Address(d applicable) ' Before 204 Lafayette Street completing this Mailing Address for consult Salem MA 01970 your local Conservation City/Town - State Zip Code ' Commission (978)745.6618 (978)741-8648 regarding any Phone Number Fax Number(d applicable) municipal bylaw 3. Property Owner If different from applicant): ' or ordinance. P Y Name ' Mailing Address City/rown State Zip Code t4. Total Fee: $165.00 ' (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: ' S Riverbank Road Salem Street Address City/rown Map 31 247 Assessors Map/Plat Number Parcel/Lot Number ' 6. Registry of Deeds: Essex South 12547 403 ' County Book Page r Certificate(if Registered Land) ' WPA Fa 3 Pe Id7 Massachusetts Department of Environmental Protection DEP File Number: 1 lug �° %�S'„�: Bureau of Resource Protection - Wetlands r, ' WPA Form 3 - Notice of Intent Provided by DEP Salem ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town A. General Information (cont.) ' 7. Summary of Project Impacts: ' a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? Approximately 1,850 square feet within BZ of Coastal Bank ' ❑ No b. List the impacts of proposed activities on each wetland resource areas(temporary and permanent impacts, prior to restoration and mitigation): ' Resource Area Size of Impact(e.g., sq. ft.) Riverfront Area (entire property is in RA) Approximately 1,850 square feet Some vegetation was cut on the Bank, but Coastal Bank the roots are intact and soils not disturbed. B. Project Description 1. General Project Description: ' The following items are proposed: 1) replace an existing asphalt driveway with paving blocks; 2) rebuild an existing patio using paving blocks; 3) create a walkway along the side of the house using paving blocks; 4) install roof down-spout drains with drywells; 5) pour a concrete pad for a hot tub; 6) landscaping activities including installation of a low retaining wall and some re-grading. The drywells ' will be lined with filter fabric and a sediment barrier will be installed at the limit of work. ' 2. Plan and/or Map References: See attached site diagram Title Date ' WPA Fa 3 Pm 2d2 Massachusetts Department of Environmental Protection DEP File Number: ' Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation ' 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: ' Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ' ❑ Bordering Vegetated Wetland(BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ® Salt Marsh ® Coastal Bank ' b. Complete for all proposed'activities located, in whole or in part, in Wetland Resource Area(s). ' Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: ' Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) ' Land Under Water Bodies: Isolated Land Subject to Flooding: ' Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) ' Bank: Linear Feet altered 1 Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: ' Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged ' Salt Marsh: Rocky Intertidal Zone: ' Square Feet altered Square Feet altered f Coastal Bank: Designated Port Area: ' Some vegetation was cut, but no soil disturbance. Linear Feet altered Square Feet altered ' WPA Fone3 Peas 3of3 1 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulations (cont.) ' Fish Run: Land Containing Shellfish: ' Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: ' Square Feet altered Square Feet altered Land Under Ocean: 1 Square Feet altered ' Cubic Yards dredged Riverfront Area: a. Name of Waterway(if available): Forest River b. Width of Riverfront Area(check one): ' ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ' ® 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: ' Mean High Tide elevation was used since the river is tidal. MHT is approximately 4.4 feet NGVD, or 8.8 feet SVD. Visual observation of high tide was made on Nov. 30, 2000. A plot plan on file at the ' Registry of Deeds (Harbor View Park, Salem, Mass., by Thomas A. Appleton, May, 1942)shows a 9 foot contour line in approximately the same location as the observed high tide line. This 9 foot contour line was used to determine the Riverfront Area at the site. ' d. Distance of proposed activity closest to the Mean Annual High-Water line: Approximately 66 feet ' Feet e. Total area of Riverfront Area on the site of the proposed project: ' The entire lot, approximately 5,�00 square feet. Square Feet f. Proposed alteration of the,Riverfront Area: ' Approximately 1,850 s.f. Approximately 1 180 s.f. Approximately 670 s.f. Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 fL ' WPA Fo 3 Pa 4 d 4 Massachusetts Department of Environmental Protection DEP File Number: ' p •"r Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent m Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sal Sal Town C. Activities Subject to Regulation (cont.) ' 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP(attached) ' ❑ DEP BVW Field Data Form(attached) ' ❑ Final Determination of Applicability issued by Conservation Commission(attached) ❑ Other Methods for Determining the BVW boundary(attach documentation): ' ❑ 50%or more wetland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ' ❑ Hydric soil indicators ' n Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most ,,.recent.Estimated Habitat Map of State-Listed Rare Wetland Wildlife published.by,the Natural._., ' Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive ' Westborough, MA 01581 ® No ' 2000-2001 Date of Map ' b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ' ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands ' Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, §105)? ❑ Yes ' ® No ' WPA Fm 3 Pw 5d5 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town D. Performance Standards ' 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ' ❑ Yes If yes, describe which limited project applies to this project: ' ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ' ® Yes If yes, describe which exemption applies to this project: 310 CMR 10.58(6)(b)(5): Within Riverfront Area, allows conversion of lawn to uses ' accessory to existing single family houses, such as decks, patios etc., provided the ❑ No activity is located more than 50 feet from the mean annual high water line and sediment controls are implemented. ' 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposed project purpose: ' ❑ Single Family House ❑ Industrial Development Residential Subdivision El Commercial Development •• ❑Transportation ® Other(describe) Structures accessory to existing SF House ❑ b. Was the lot where the activity is proposed created prior to August 1, 1996? 1 ® Yes ' ❑ No 4. a. Describe 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. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ' ® Yes If yes, explain why the project is exempt: ' Single family house projects are exempt. i ❑ No If no, stormwater management measures are required. Applicants are encouraged to ' complete Appendix C: Stormwater Management Form and submit it with this form. ' VPA Fa 3 Pm 6cr6 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands c a' WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town E. Additional Information ' Applicants must include the following with this Notice of Intent(NOI): • 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. • 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. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. 1 F. Fees ' The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. ' Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: ' 4799 and 4800 11-30-00 Check Number Check date M. Gauthier Payor name on check Applicant name(if different from payor) ' G. 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. 13 , §40. Notice must be made in writing by hand delivery or certified mail (retumIreceipt requested)t a abutters it ' 100 feet of the property line of the roject ocetion. S gnature of Ap want / Daty 30 t Siy6tr,of P Ow (ff di nt) Dat Lv �Do n na e o Rep esen a any) Date ' WPA Fa 3 P• 7&7 1 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemTom, G. Signatures and Submittal Requirements (cont.) ' For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation ' Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two ' copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) 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. 1 1 1 1 1 r ' MPA Fa 3 aaoasaa 1 1 1 APPENDIX A Abutter Notifications ' to accompany a ' Notice of Intent ' For property at: 5 Riverbank Road Salem,Massachusetts 1 t �, 1 1 ' AFFIDAVIT OF SERVICE ' Under the Massachusetts Wetland Protection Act ' (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Joseph H. Orzel hereby certify under the pains and (Name of Person Making the Affidavit) ' penalties of perjury that on December 1, 2000 I gave notification to abutters in compliance with (Date) the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: ' A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Marie A. Gauthier with the Salem ' (Name of Applicant) (Name of Municipality) Conservation Commission on December 1, 2000 for property located at (Date) ' 5 Riverbank Road, Salem,MA (Address of Land Where the Work is Proposed) The form of the notification, and a list of the abutters to whom it was given and their ' addresses, are attached to this Affidavit of Service. 1 12f01 /oo ' N e Date 1 r ' Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of Massachusetts General Law Chapter 131, section 40, you are hereby notified of the following. A. The name of the applicant is Marie A Gauthier ' B. The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of Salem, MA seeking permission to remove, fill, dredge or alter an Area Subject to Protec- t. ' tion Under the Wetlands Protection Act (General Laws Chapter 131, Section 40) . C. The address of the lot where the activity is proposed is 5 Riverbank Road, Salem,MA, 01970 1 D. Copies of the Notice of Intent may be examined at Salem Conservation ' Commission, One Salem Green, Salem, MA 01970 between the hours of 8:00 AM and 4:00 PM on the following days of the week: ' Monday through Friday For more information, call: (978) 745 - 9595 Check One: This is the applicant , representative LI, or other 0 (specify) : ' Salem City Hall E. Copies of the Notice of Intent may be obtained from either (check one) the applicant El, or the applicant' s representative O, by calling this telephone number (978) 745 -6618 between the hours of 9 AM and 5 PM on the following days of the week,:,..- Monday through Friday , . ' F. Information regarding the date, time, and place of the public hearing may be obtained from Salem Conservation Commission ' by calling this telephone number (978) 745 - 9595 between the ' hours of 8:00 AM and 4:00 PM on the following days of the week: Monday through Friday Check One: This is the applicant U, representative L1, or other 10 (specify) : ' Salem City Hall ' NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Salem Evening News (name of newspaper) ' NOTE: Notice of the public hearing, including its date, time, and place, will be posted in the City or Town Hall not less than forty-eight (48) hours in advance. NOTE: You may also contact your local Conservation commission or the nearest Depart- ment of Environmental Protection Regional Office for more information about this application or the Wetland Protbcrtion Act. To contact DEP, call: Central Region: 508-792-7650 *Northeast Rion: 978-661-7600 Southeast Region: 508-946-2700 Western Region: 413-784-1100 1 BOARD OF ASSESSORS CITY HALL C n^e a.Ca xee ` SUBJECT PROPERTY : MAP :' 31, �, • LOTy ;;0247 SI1FF: .'_ • PROPERTY AI)DRE,SS':.i ". 0005 :.RT:SLER$ANK .ROAD . :.; r rry i///✓ r� e a z ! ¢ NZ9a n e ' s :n s n N �Nxv:va yv o.-.p>' aYryEaff�ka£Cy1's •`a�.k�n"� ¢�a s�:>„ya>:3. ¢ fp" 2 a 2ta :3sa s �\ 2�g�ay� �� �aaw�al, i \'� \\.. r /rr a yH/i/,�� WWI i ��: � .`V` , A�v VvvvAv Y� Av�V A ..v vAVAvv .AZ 31 0249 0009 RIVERBANK ROAD KEANE PAMELA ' B 9 RIVE:RBAN;< ROAD - //r r,${ yy��! yj�� ry2��'yy:) 9r�rn{u// uyyrri{{;,�rryr rr//ea r/�zb�y$y$� r''€6r 'Sf Y t¢eE(c�,yj�,t>: s �y ..) �y.;u X_ v 4R 2''x a\_�A e v-. a �% l ARAWN-iffl25.�A11s lHb E¢s/n"4. £sE n )r3£.'...�h. It l'i!Y � x.la '�! .0 : p Y \TL`A>Q� \�\�a\a \ Ti .. ri:.. c.'/ ,fa,;; /��yns <. �//asiaaixs zas�c:,Ir52 ,'`wiz' a X :; �^ ;ry �za iaaxL\vie .7.. RIVERBA;v,t, °RD. /' %/ /i ii%!///�,/i///� rrs i.sY Y/ fat r9'�y¢a k,,. . ,i �x4 .zxg.v n afas y,; r5t ¢ „gat t as a 1s:. £ v :a\SZvvvvvv v�:a 1 �1 /� / r ✓ n/�//% /! ////%%,/�G/. ��// /6 o s i4�.1ff/i/v/s „✓n/r55r afs #Yt£:e�3q € '¢ b st k a1':p$ \_ $, 3.,,., $ iSY� =:r a .pia@\yVA�AA AZ. V�Ati -:.ti�A SALEM MA 019,70 //�i., , , . afr,✓!r //// RD /%/r.- r fc, 's „ s„fs.2.1'..e'.e,�'§,.£_, s : '.: s.kt ;.s G� 3SsaazS>ia\\\t."a.• 4 ,JACQUELINE B,,; SALEMi MA 01970 31 0245 0001 RIVERBANX ROAD BOW AY .CLARA :E .. 1 RIVERBANK RD CATVM MA 7 7 iY t j 5 - 0017¢AIVFRBAIIAY fL7AD: fY S LlKll'l aVlgwlk- S FaLp13Ii }aa t¢a»3', _ ,> •. ra ; ,2f .q ¢ .� kn.� rx;4s taf 1€¢ 4 n £ aasw�e .r ,. ,. i — C/O 'LARIVEE RUTH SALEM MA 01970 31 0278 0008 RIVERBANK ROAD GILES CHARLES K 8 RIVERBANK RD DrIvr Q S 0' 7 31 ' 0279 tlb4U RIVERBANI{ ROAD 4 ! 4 � Otnl,F s€<= 3., y kaa,.,y s ¢ aa n=¢axiis :_ ac ¢ ¢, \ ALEII t1A'v01970A. NORRISON MAUREEN A SALEM MA 01970 31 0281 0002 RIVERBANK ROAD BROSQt)E ELEADIOR M 2 RIVERBANY ROADµ nonor)IlF.�Tn9N ! s ! Fk a f & ff x "� F : x x •xs \ \ \ A, 3� 0266 FObC13 lSCiN�ET2i1($ a f E¢€ £ ` xYU) L GORLE7N; aa ya \ j St1NSET ROAD l r/// /i'r// n/ rirjrr i�Y..vGs c r ar rsy¢ 1.�TELi LORR7NE sA' aa =a.: x•.. SALEM MA 01,97-0 ,r/. .,, _ r!(rrn. mx LI RICHARD E SA1,f.M MA 01970 3 i 0268 00(J7 St,NS}s'r ROAD VAUTOUR ALFRED G 7 St NSET RD 2AL2f,4 MA t: f Y i?f�lY✓pR 2x,fe•1 ::el F£ \ F 3 \\.\.\�\\ \ ..,31. Q26"/ L 0�� fii..rIBET i105 �5 3 i L'g it f g 3'�$ $� •j3�'gx3 E E1 �\ 1 \�Z \\\\ \\a \ \\\\\ \\\\ \\\ £;Ix£wf� t ,y' r. � ELiS�! iay°.. .\� \\��\ \\ '9SIiNS -- u rr // r ii/a cc sa siLAv ::Ec SIt 3$^ %e to a"sps t a �\ ETRD r r r r it r r rY /r 'r f ..: r gsy �'. sf4 s¢f!' + s �a z\��\•c.. \��\\\\ a \ SALEM MA' 01.\9\7 &'¢baye&ID.a<•{, \\�\\\\ :\ \ v ME ,va v v A'�vv v AA tl a a\�S�\���� \ -0y a\`+Cn��a y\\�\=�1�z � \ r R �` �� � :.:�� ��.��k'�3�.� n3ew�4�ia YNay6iUFNril�i�'a71�i .��•€P �u ' ns� ,crN,_�? C c � �\\a ti a r :_ .,rex:,Yi nM fNlyeA'.hP'1'V I ru .f.=� pr i •r ,,.,mr. L'.�..^.. ,rb ., .:., a r -, .... , . .,. 1 1 1 APPENDIX B Filing Fees ' to accompany a ' Notice of Intent ' For property at: 5 Riverbank Road Salem,Massachusetts 1 1 � 1 1 1 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information tImportant: 1. Applicant: When filling out forms on the Marie A. Gauthier ' computer, use Name only the tab 5 Riverbank Road key to move Mailing Address ' your cursor- Salem MA 01970 do not use the City/Town State Zip Code return key. (978)744-4557 Phone Number ' m 2. Property Owner(if different): amp ' Name Mailing Address ' City/Town State Zip Code Phone Number ' 3. Project Location: 5 Riverbank Road Salem ' Street Address city/Town ' To calculate B. Fees filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A): 1 to the category fee list and The fee is calculated as follows(check applicable project type): examples In Section D of ❑ this form. single family house project X$1.00= (feet of BVVV) Total fee(not to exceed$100) II ' ❑ all other projects X$1.00= t (feet of BVVV) Total fee(not to exceed$1,000) ' State share of filling fee: r (12 of total fee less$12.50) City/Town share of filling fee: ' (12 of total fee plus$12.50) ' wPA Ammnau B Pape t Of 1 1 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands WPA Appendix B — Wetland Fee Transmittal Form ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) tAbbreviated Notice of Intent(Form 4) or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: ' Step 1/Type of Activity: Describe each type of activity(see Section D for a list of activities)that will occur in wetland resource area and 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 in Section D. ' 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 6/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. t Step 1/Type of Activity Step 2/Number Step 3/Individual Step 4/Subtotal of Activities Activity Fee Activity Fee 1(a). Work on a single family lot(replace $82.50(BZ and . ' patio&driveway, drainage improvements) 2 Riverfront) $165.00 ' Step 5/Total Project Fee:$165.00 ' Step 6/Fee Payments: Total Project Fee:$165.00 ' (rotal fee from Step 5) State share of filing fee:$70.00 (12 total fee less$12.50) ' City/Town share of filling fee:$95.00 (12 tDtal fee pkm$12.50) ' WPA Ao ndixa Pape 2012 Al M.GAUTHIER 5 RIVERBANK RD - NI A A 01970 y 3i[ ya xt�:, z� �y v +�'6T'i8551f2113*� a s3@A TM �,..C �Y TO THE t u'• � St Joseph ed{ nion ;r �+' n� "S s :.#'��, �� a MFMO 1: 2113855i41077000i34 _�' 41800 ' OIIBENIV DATE 53 9551013 - n d 4 g <. .az r S o r 1 Y ,K lLwl$:ae 1 Qnvdil Union t ' _ p TK i41 ri7700'0i34j7n• 47e 1 91 r mom O 1 ATTACHMENT I Wetlands Deport ' to accompany a Notice of Intent For property at: ' 5 Riverbank Road Salem,Massachusetts ' Prepared for: Marie A. Gauthier ' 5 Riverbank Road Salem,Massachusetts Prepared by: ' Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem, Massachusetts 1 1 1 1 r 1 - GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (978)745-6618 November 30, 2000 FAX(978)741-8648 Salem Conservation Commission ' One Salem Green Salem, MA 01970 RE: Wetland Report 5 Riverbank Road, Salem,MA Dear Commission Members: ' On behalf of the applicant,Marie Gauthier, Gulf of Maine Research Center, Inc. ' (GMRC)has prepared this Wetland Report for property located at 5 Riverbank Road in Salem,MA(the"site"). It is my understanding that a Cease and Desist Order was recently issued by the Salem Conservation Commission for activities underway at the This report,accompanies allotice of Intent,being.filed.bythe applicant for activities. , ,;,,• in progress and proposed at the site. In late November, GMRC personnel inspected the site for the presence of jurisdictional Wetland Resource Areas. The purpose of this report is to briefly describe the wetlands present at or in close proximity to the site, as well as the activities being ' proposed or already begun at the site. ' SITE DESCRIPTION The site is located on the southeast side of Riverbank Road, approximately 200 feet southwest of Riverway Road(see Figure 1). The site consists of Lot 247 on Salem Assessors Map Number 31 (Figure 2). ' Toaoaraphy and Water Bodies/Waterways The USGS Topographic map(Figure 1) shows the elevation at the site as ' approximately 3 meters(10 feet)NGVD. The site is generally fairly level to gently sloping to the southeast,toward the Forest River. Directly adjacent to the southeast property line is a bank that slopes rather steeply to a salt marsh bordering the Forest ' River. 1 �1 i�-''tom " I i, � I° • u� gem INA :- _ i OOM! �. IVA MR as as SO , - �wC.��® OWN ,. ✓ Ham. OVA VAI SITE LOCUS SITE: 5 Riverbank Road, Salem, MA BASE MAP: USGS Topographic Map, Lynn Quad. (1985) 111 metric 34 <% /eFQlyq g h</ Q' 6 C` j' i 431Q �a C7A 6 F° C�J1 e h� O O o �e366 O 6O P ^ hp ' fp \ J 0 6• ' �9 bid %� Rh • 5 Z�00 2s 01 ^^ ro tK �° Oho 01 96 h• � 6 �j'h pG cy o 2g8 0° `)6 .'. SITE 0 i FIGURE 2 North ASSESSOR'S MAP SITE: 5 Riverbank Road Street, Salem, MA BASE MAP: City of Salem Assessor's Map No. 31 SCALE: 1 " = 100' GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. Soils ' As indicated on the SCS Soil Survey Map(Figure 3), soils at the site are mapped as Merrimac-Urban land complex, gently sloping(MnB), and southeast of the site as Ipswich and Westbrook mucky peats (Iw). The Merrimac series consists of deep, ' somewhat excessively drained upland soils, while Ipswich and Westbrook are hydric soils of tidal marshes. Soils at the site were not examined in detail since hydric and non-hydric soil characteristics were readily apparent. ' Vegetation ' The National Wetlands Inventory map(Figure 4) shows an Estuarine Subtidal Open Water wetland(EIOW)just southeast of the site. Although indicated on this map as subtidal, field inspection found much of the area along the Forest River near ' the site to be intertidal. This salt marsh is dominated by Spartina patens and S. alternrflora throughout the marsh. However,S. alternit fora is somewhat more common closer to the river and within ditches and depressions, whereas S.patens is ' generally more common closer to the toe of the Coastal Bank and on slightly elevated portions of the marsh. t Vegetation at the site consists primarily of a lawn grass, several Norway maple (Acer platanoides)trees, and a hedgerow of common privet(Ligustrum vulgare) located just above the top of the Coastal Bank. The Coastal Bank is generally well vegetated with various grasses and wildflower species that were not identified during the site inspection. ' Flood Zones The FEMA Flood Insurance Rate Map for the site(Community Panel Number ' 250102 0005 B,August 5, 1985) is included in Figure 5. Based on this map,the site is within Zone C,and appears to border on Zone B. Zone C indicates areas of ' minimal flooding, while Zone B generally indicates areas between the 100 and 500- year storm elevations. Salem Wetland District Under the Salem Zoning Ordinance (Paragraph P), the Flood Hazard District follows the boundaries of the 100-year floodplain, and the Wetland District is defined as: II ' i)"...the areas designated on the maps titled "Wetland Areas of Salem, Massachusetts",Nos. 01 through 31, prepared by Dr. Jerome Long, dated March 15, 1977, ...'; and, ii) "All saline waters andiland from the mean high tide seaward to the municipal boundaries. 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SOIL 'Lf f S '` �1 'A t"s•. �•"a—L`1n� 1y �t f� t �F"x�„� � .`�° {4%" �c A,.c - z '-`'r�tar.'!z'y.'.`< �Sl�y`r—y� `-._. �✓�rk�-si'��.,'C , .f / SURVEY 1 • SITE: 5 Riverbank Road, Salem, b I BASE b SCS Soil b SCALE:, Southern Part, May, 1984 SHEET NUMBER: 14 , GULF OF MAINE RESEARCH r ate.. ( -• o • • i!% "=qp y Zaid di�w� �Op CG S .R,Wnlloi, 0 Mu s gyal �e I �' move; % Rn MAIN ` '���yxr•RS l'� ., v. i� -� _. , . w Mg VOW ORO 121 Loma � ����°� ✓sue �^� '1 , .� ������� NATIONAL WETLANDS OR A. SITE: 5 Riverbank Road, Salem, MA : ' .p Lynn Quad. • 4111 ' ZONE C \ ' U� Y rONEz6 t �"gx wM i �rx 4 tr4b?i,_ Y $ ZONE C r ' aR0 �ars r ZONE RM 15 Y A2 j . H _ (EL 10) t y = O B` ' THE SITE ' O E3B FIGURE 5 North F.E.M.A. FLOOD INSURANCE RATE MAP FIRM SITE: 5 Riverbank Road, Salem, MA BASE MAP: FIRM Panel No. 250102 0005 B (August 5, 1985) SCALE: 1 " = 500' ' GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. 1 The map entitled "Wetland Areas of Salem,Massachusetts",No. 31 was examined, and indicated an open wetland with water at the surface (salt marsh in this ' instance)along the Forest River. The map showed the edge of the Forest River as approximately 110 feet from the site at its closest point, and indicated 6 feet of peat within the marsh approximately 95 feet southeast of the site. 1 Rare Wildlife Habitat ' The map(Lynn Quad.) of Estimated Habitats of Rare Wildlife and Certified Vernal Pools included in the most recent edition(2000-01)of the Massachusetts ' Natural Heritage Atlas shows no rare wildlife habitats or certified vernal pools at or in close proximity to the site. The closest rare wildlife habitat shown on this map is associated with Thompson's Meadow, approximately 1.2 miles west of the site. The ' closest vernal pool shown is approximately 0.3-mile south-southeast of the site. ' DEP Priority Resources Review of the DEP Northeast Region Priority Resources Map(dated August 15, 1996) indicated an area of protected open space southeast of, and in very close ' proximity to, the site. Apparently,this area is the city property abutting the site shown on the Assessor's Map. ' WETLAND RESOURCE AREAS ' The only Wetland Resource Area clearly present on the site is Riverfront Area. It is possible that the top of the Coastal Bank may extend slightly onto the site, depending on ' the exact location of the property line; however,based on site inspection the top of the bank appeared to be located just off the property. The upper boundary of the Salt Marsh, which is at the base of the Coastal Bank, is approximately 20 feet from the property. ' Riverfrom Area(310 CMR 10.58) ' The Riverfront Area is defined as the area of land between a rivers's mean annual high water line and a parallel line measured horizontally 200 feet outward. A river is considered to be any natural flowing body of water that empties to any ocean, lake, ' pond, or other river and which flows throughout the year. For a tidal river,the mean annual high water line is the Mean High Water Line as defined under 310 CMR 10.23, which corresponds to the Mean High Tide elevation. The Riverfront Area ' does not have a Buffer Zone, and may include or overlap other Resource Areas or their Buffer Zones. ' The mean annual high water line(lower boundary of the Riverfront Area)at the site is approximately at elevation 8.8 feet Salem Vertical Datum(4.4 feet NGVD). Based on observation of a high,tide at the site (on November 30, 2000), the edge of ' water was greater than 50 feet(estimated) from the property line. This corresponds GULF OF MAINE RESEARCH CENTER INC. ' closely with a 9-foot contour line shown on a site plan on file at the Registry of Deeds (Harbor View Park, Salem, Mass., May, 1942, by Thomas Appleton). ' Based on information available, it appeared that the Mean High Water line at the site is approximately 60 to 70 feet from the property line. Therefore, at the site, the ' entire property is within the Riverfront Area. Scaling off the 9-foot contour line on the site plan referenced above determined that slightly over 2,000 square feet, or approximately 36% of the site, is within the 100 foot Riverfront Area. ' Under the Regulations,Riverfront Areas are presumed to be significant to the following interests: ' -Protection of public and private water supply; -Protection of groundwater supply; ' -Flood control; - Storm damage prevention; -Prevention of pollution; ' -Protection of fisheries; and, -Protection of wildlife habitat. ' The General Performance Standards for activities proposed within Riverfront Areas are as follows: 1. The work shall meet the performance standards for all other Resource Areas ' within the Riverfront Area. When work in the Riverfront Area is also within the Buffer Zone to another resource area,the performance standards for the Riverfront Area shall contribute to the protection of the interests of M.G.L. c. 131, § 40 in lieu of any additional requirements that might otherwise be imposed on work in the Buffer Zone within the Riverfront Area; 2. The project must have no adverse effects on specified habitat sites of rare wetland or upland vertebrate or invertebrate species, as described under 310 CMR 10.59 or 10.37, or on certified vernal pool habitat. t 3. There are no practicable and substantially equivalent economic alternatives to the proposed project with less adverse effects on the interests identified in M.G.L. c.131 § 40; i ' 4. The work, including proposed mitigation, will have no significant adverse impact on the Riverfront Area to protect the interests identified in M.G.L. c.131 § 40. ' Certain activities are grandfathered or exempted from requirements for the Riverfront Area. These exemptions include certain minor activities, provided the ' activity is not within any other Resource Area. One of these exemptions pertains to construction of structures accessory to existing single-family houses. This exemption, defined at 310 CMR 10.5 8(6)(b)(5), includes: "The conversion of lawn to ' uses accessory to existing single,family houses in existence on August 7, 1996, such as decks,patios, and pools, provided the activity is located more than 50 feet form the mean annual high water line within the riverfront area or from bordering vegetated ' wetland, whichever is farther, and erosion and sedimentation controls are GULF OF MAINE RESEARCH CENTER INC. implemented during construction. The conversion of such uses accessory to existing single-family houses to lawn is also allowed. (Mowing of lawns is not subject to ' jurisdiction under 310 CMR 10.00)." In addition, the issuing authority may allow work to redevelop a previously ' developed Riverfront Area, provided the proposed work improves existing conditions. Redevelopment means replacement, rehabilitation or expansion of existing structures and improvement of existing roads. A previously developed Riverfront Area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures or pavement, absence of topsoil,junkyards, or abandoned dumping grounds. 1 Coastal Bank (310 CUR 10.30) ' The Resource Area Coastal Bank is defined as "...the seaward face or side of any elevated landform, other than a coastal dune,which lies at the landward edge of a ' coastal beach, land subject to tidal action, or other wetland." A Coastal Bank occurs in very close proximity to the site along the southeast property line. This bank lies at the landward edge of the salt marsh along the Forest River. The top of the Coastal ' Bank at the site is defined by the point where the slope becomes less than 4:1. This point is apparent in the field, and is generally located just southeast of a hedgerow along the southeast property line(i.e.just off site). tCoastal Banks may function as a source of sediments, as a vertical buffer to storm waters, or as both,and are presumed to be significant to the following interests: ' - Storm damage prevention; and -Flood control. ' The Coastal Bank near the site does not appear to function as a source of sediment, but does function as a vertical buffer to storm waters. Therefore,the General Performance Standards for Coastal Banks that apply to the site are as follows: ' 1. Any project on,or within 100 feet landward of the top of,the Coastal Bank shall have no adverse effects on the stability of the Coastal Bank; 2. Bulkheads, revetments, seawalls, groins or other coastal engineering structures ' may be permitted on such a bank except when the bank also supplies sediments to Coastal Beaches, Coastal Dunes,or Barrier Beaches. ' 3. No project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species. Buffer Zone (310 CMR 10.04) ' The Buffer Zone is described as "that area of land extending one hundred(100) feet horizontally outward from the boundary of any area specified in 310 CMR 10.02(1)(a)." At the site,a Buffer Zone extends 100 feet from the top of the Coastal ' Bank, and includes the entire site. Therefore,the entire site is within both the GULF OF MAINE RESEARCH CENTER INC. 1 Riverfront Area and a Buffer Zone, but no other Resource Areas appear to be present on the site. 1 PROPOSED ACTIVITIES ' The following activities are proposed: ' 1. Replace an existing asphalt driveway with a driveway constructed of paving blocks. The rebuilt driveway will slope toward the street to prevent stormwater runoff from flowing toward the back yard, and the use of paving ' blocks will increase permeability compared to the previously paved driveway. This activity has been completed. ' 2. Install roof downspout drains that direct roof runoff into drywells. Prior to installation of the drain pipes,roof runoff flowed directly onto the ground from the downspouts along the sides of the house, causing stormwater runoff ' to flow toward the back of the house and over the top of the Coastal Bank, and resulting in prolonged muddy conditions in areas of foot traffic. ' The drains have been installed; however,the outlets of the pipes were installed quite close to the top of the Coastal Bank. Therefore, GMRC has recommended that the last several feet of the pipes be removed,and the drains ' be directed into dry wells that are set back from the top of the bank. This will reduce the chance of the soils at the top of the bank becoming over-saturated ' and possibly sloughing. 3. Create a walkway along the southwest side of the house using paving blocks. locks. ' As noted above, runoff from the roof downspouts had been causing consistent muddy conditions in an area where foot traffic was necessary. Therefore, it is proposed to create a walkway, using paving blocks, over one of the buried ' downspout drains. 4. Rebuild an existing patio using paving blocks.locks. The patio will be rebuilt in the ' same location, using paving blocks to allow some infiltration. Although located within the 100 foot Riverfront Area, the patio is located against the back of the house, as far as practicable from the river, and is exempted from 1 the regulations since it is accessory to an existing single family house. This activity had begun. 1 5. Pour a concrete slab for a hot tub installation. Although located within the 100 foot Riverfront Area, the slab is also located right against the back of the house, as far as practicable from the river, and is exempted from the regulations since it is accessory to an existing single family house. This activity is completed. i ' 1 ' GULF OF MAINE RESEARCH CENTER INC. ' 6. Landscaping activities, including a low retaining wall alone the back of the property, and some re-grading work. Except for the small footprint of the ' retaining wall, the re-graded areas will remain as lawn. A sediment barrier consisting of silt fence and/or hay bales will be installed at the limit of work on the property to prevent possible erosion of sediment over the Coastal Bank. In total, I believe the activities as proposed serve to protect the interests of the Wetlands Protection Act by increasing net infiltration on the site,and decreasing the ' potential of stormwater runoff flowing over the top of the Coastal Bank and thereby destabilizing the bank due to erosion. If you have any questions or require further information regarding this matter, please contact me or Dr. Hugh F. Mulligan at the ' letterhead address or phone number. ' Sin r ly, Joseph H. Orzel ' Senior Wetland Scientist 1 I ' 1 r 11 N N 1 � 1 ATTACHMENT 2 Site Plan Diagram ' to accompany a Notice of Intent ' For property at: ' 5 Riverbank Road Salem,Massachusetts ' Prepared for: Marie A. Gauthier ' 5 Riverbank Road Salem, Massachusetts Prepared by: ' Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem,Massachusetts 1 1 i1 1 1