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64-400 - - CONSERVATION COMMISSION i ��p4NT,9A CITY OF SALEM CONSERVATION COMMISSION October 19, 2007 Lynn Duncan City of Salem 120 Washington Street Salem,MA 01970 Re: Certificate of Compliance—DEP#64-400— Salem Ferry Pier, Salem,MA Dear Ms.Duncan: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem,Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, 041 L y D ques Conserva 'on Agen 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 64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 7L� A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the The City of Salem computer, use Name only the tab ton Street 120 Washington key to move g your cursor- Mailing Address do not use the Salem MA 01970 return —key. Cityfrown State Zip Code .itlM I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: The City of Salem Name May 22, 2007 64-400 Dated DEP File Number 3. The project site is located at: Salem Harbor off Blaney Street Salem Street Address Cityrrown Map 41 Lot 0278 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 26865 364 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 26, 2007 and September 28, 2007 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: wpaform sedDC•rev.7/13104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: Salem �G �q 2007 Conservafion Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and a pr priat DEP Regional ice (See Attachment). Signatures naform Bb.doc•rev.7113104 Page 2 or 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cost.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 11 October 2007 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, M. Blier, K. Glidden, and A. Hamilton, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence 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 Salem Conservation Commission city/room CAREY R DUOtaES NOWYOF NIOIc MY owndsawn 14II019 Signature of Notary Public Carey R. Duques Printed Name of Notary Public August 16 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform Bb.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Salem Harbor off Blaney Street 64400 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: City of Salem 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 wpaform Bad=•rev.7113/04 Page 4 of 4 Fngincering consullants September 17, 2007 Mr. Kevin P. Comacchio, Chairman Salem Conservation Commission ASSOCIATES, INC. Salem City Hall 120 Washington Street �Salem, MA 01970 R 372 Me„invic seer SEP 1 9 G0H/ A'erbunyort Attn: Frank Taormina DEPT.OF,-;.<ig%!'!;a & Massachusetts SUBJECT: Salem Ferry Pier Utilities COMWNIPIr GL r LL13MEN T 01950 DEP File No. 64-400 (978) 165-1 J2s (Chapter 91 License No. 10973) Fay Blaney Street, Salem, MA r928r 465-ac40 Dear Mr. Cornacclno, 1nrv.vineo.ssocioies net Work on the above referenced project has been completed, and by this letter submittal, we are requesting a Certificate of Compliance. The work was coordinated with the Salem Fire Department and Dominion Energy, and performed per their requirements, as well as the Orders of Conditions. Attached is the Request for Certification of Compliance WPA Form 8A. Also attached is the as-built drawing for the project. Upon receipt of the Certificate, we will record it at the Registry. Please contact me at(978)465-1428 ext. 204 if you have any questions or concerns regarding this submittal. Sincerely, ,VineAssociait�,Inc. David Vine, P.E. Project Manager cc: K. Winn, City of Salem D. Cody, Salem Fire Department L. Arak,Dominion Energy New England, Inc. File G:11162 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance #64-400 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 Vine Associates, Inc. computer, use Name only the tab key to move 372 Merrimac Street your cursor- Mailing Address do not use the Newburyport MA 01950 return key. Cityrrown State Zip Code 978-465-1428 m Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Lynn Duncan, City of Salem Applicant May 22, 2007 #64-400 Dated DEP File Number Upon completion of the workproject 3. The site is located at: authorized in Salem Harbor off Blaney Street Salem an Order of Street Address Cityrrown Conditions,the property owner Map 41 Lot 0278 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing authority stating Property Owner(if different) that the work or Essex 24668 41 portion of the work has been County Book Page satisfactorily Completed. Certificate(ff 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. .Wormaa.d=--rev.7113M4 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance #64-400 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 DOC 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 http://www.mass.gov/dep/about/region/findyour.htm). wpaform9a. x••rev.7113104 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.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 Lynn Duncan City of Salem, MA use the return a.First Name b.Last Name c.Company key. 120 Washington Street d.Mailing Address ae Salem Me 01970 e.City/Town I.State g.Zip Code 4. Property Owner (if different from applicant): Dominion Energy Salem Harbor a. First Name b.Last Name c.Company 24 Fort Avenue d.Mailing Address Salem Ma 01970 e.City/Town f.State g.Zip Code 5. Project Location: Salem Harbor off Blaney Street Salem a.Street Address b.Cityrrown Map 41 Lot 0278 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42 31'33" 70 52'33" electronic filers will click for GIS locator): e.Latitude I.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 17186 205 c.Book d. Page 7/1/05 7/28/05 7/28/05 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Site Plan, Salem Ferry Pier, Section A-D a. Plan Title Vine Associates, Inc. David B. Vine b. Prepared By c. Signed and Stamped by June 2005 d. Final Revision Date e.Scale I.Additional Plan or Document Title g.Date wpaforrr5.doc• rev.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Den led 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 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. El Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square teat c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged w Pafom6.tloc• rev.alt/05 Page 2 of 9 Y' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 Massachusetts 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 Subject to Flooding a.square feet b square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet I.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq It within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 It g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ® Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean 31sq ft - LUO 31 sq It- LUO 3,500sf- DPA 3,500 sf- DPA c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet C.cty nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.cty 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 19. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 1g. ❑ 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.cu.yd dredged b.cu.yd dredged 21. ® Land Subject to Coastal 3,500 3,500 Storm Flowage a.square feet b.square feet vpatorm5.dm• rev.311105 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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, shall be deemed cause to revoke or modify this 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, "MA DEP"] "File Number #64-400 " v palom5.doc• rev.311/05 Pape 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached space for additional conditions, select box to attach a text document 10 wyafomG.doc• rev.311/05 Pape 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 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 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation 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. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ wyalom5.dx• rev.3/1/05 Page 6 049 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 7/28/05 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers 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, if not filing electronically, and the property owner, if different from applicant. Signatures: otary Acknowledgement Commonwealth of Massachusetts County of On this Day of Monjh year Before me, the undersigned Notary Public, rat r4 / �° Lw, Ze twvWt Ktr 61�y personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were Peru y*#y K*owpi D scription of ey7 once 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 sta ed urpose. As member of CiryirownZ� Conservation Commission FRANKTAORMINA qqqq e,n No Public ; 1�Yh C of Massachusetts My Co My Commission Expires April 27,2012 Si nature o Public Printed Name of Notary Public Place notary seal and/or any stamp above 011i .?A, ZOZL My Co m�rr fission Expifes(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on uiiiw 8, 2�S Date Date V wpafomt.doc• rev.3/1/05 Pape 7 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 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 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. wpafom5. m• rev.311/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 Page 7 of this form 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: Salem Harbor off Blaney Street #64-400 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: &60 y/ Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: 6 Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpafoanUw• rev.&1/05 Page 9 of 9 Attachment to Order of Conditions # 64-400 Page lof '5 SALEM CONSERVATION COMMISSION DEP FILE #64-400 Salem Ferry Pier, Salem Harbor off Blaney Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal 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 vernal 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 Order permits the installation of a publicly owner passenger ferry and excursion vessel berthing facility in Salem Harbor located within 3,500 square feet of Designated Pot Area and altering 31 square feet of Land Under Ocean,and 3,500 square feet of Land Subject to Coastal Storm Flowage. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex 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; and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 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, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-400,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. 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. 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: Attachment to Order of Conditions # 64-400 Page 2of (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) The City of Salem Wetlands Protection Ordinance and its Regulations 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. The Commission or its Administrator,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. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 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 Proposed Site Plan, Salem Ferry Pier, Section A-D Title June 2005 Dated David B. Vine 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 . b Attachment to Order of Conditions # 64-400 Page of 5 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 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 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 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 form 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 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, Attachment to Order of Conditions # 64-400 Page gof w 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). 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. AFPER 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; Attachment to Order of Conditions # 64-400 PageSof 5 (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 filling,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 Count Registry of Deeds � � P Y g �Y and a copy of the recording submitted to the Salem Conservation Commission. 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. The applicant shall supply the Salem Conservation Commission with a copy of the Trash Management Plan. t- Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 5 - Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: t.Conservation Commission out forms on the computer, 2.This issuance is for (check one): a. ❑ Order of Conditions b. 0 Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Lynn Duncan City of Salem, MA use the return a. First Name b.Last Name c.Company key. 120 Washington Street d.Mailing Address °° Salem Ma 01970 e.City/Town T.-State g.Zip Code 4. Property Owner (if different from applicant): Dominion Energy Salem Harbor a. First Name b.last Name c.Company 24 Fort Avenue d. Mailing Address Salem Ma 01970 e.City/rown I.State g.Zip Code 5. Project Location: Salem Harbor off Blaney Street Salem a.Street Address b.City/Town Map 41 Lot 0278 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 42 31' 33" 70 52' 33" electronic filers will click for GIS locator): e. Latitude I.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 17186 205 c.Book d.Page 7/1/05 5/14/07 5/22/07 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 3. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Site Plan, Salem Ferry Pier, Section A-D a. Plan Title Vine Associates, Inc. David B. Vine b. Prepared By c.Signed and Stamped by June 2005 d. Final Revision Date e.Scale Utility Installations Salem Ferry Pier, Salem MA March 2007 I.Additional Plan or Document Title g.Date wpaforeS.doc• rev.311/05 Page t of 9 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 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 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.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 Massachusetts 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 Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage a.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet Sq It between 100-200 It g.square feet h.square feet I.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) lo. ® Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean 31 sq ft - LUO 31 sq ft- LUO 3,500sf - DPA 3,500 sf- DPA c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y 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.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ® Land Subject to Coastal 3,500 3,500 Storm Flowage a.square feet b.square feet "af.,m5.Coo• rev.3/1/05 Page 3ot9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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, shall be deemed cause to revoke or modify this 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, "MA DEP"] "File Number #64-400 " wpaforro5.tloc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: It you need more See Attached space for additional conditions, select box to attach a text document wpalorm5.dx1 rev.3n/05 Page 5 0l 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No z. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw - b.Citation 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. It you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document wpaform5Ad - rev.3/1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-400 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 KQ1A 2 Z 200 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of issuance Please indicate the number of members who will sign this form: C This Order must be signed by a majority of the Conservation Commission. 2.Number of Signirs 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, if not filing electronically, and the property owner, if different from applicant. Signatures: , Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 14 of May 2007 Day Month Year Before me, the undersigned Notary Public, K. Cornacchio, D. Pabich, M. Blier, D. Summer, personally appeared A. Hamilton,d-Pam-artf proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence 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 Salem city/Town Conservation Commission 1 ,icurwf.I G "is" OF�gyg C i My cnury�" a' nature Notary Pub' Care . Du ues Printed Name of Notary Public 16 13 Place notary seal and/or any stamp above August My Commisssioonn Expires(Date) This Order is issued to the applicant as follows: by hand delivery on '❑ by certified mail, return receipt requested,on Maw 2Z Z D- Date Date wpalor 6.doo• rev.3/1I05 Page 7oi9 , Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Ll WPA Form 5 - Order of Conditions #64-400 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 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 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. wpafornZ dw• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-400 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 Page 7 of this form 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: Salem Harbor off Blaney Street #64-400 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 wpaform5.doc1 rev.3/1/05 Page 9 of Attachment to Order of Conditions # 64-400 11 Page Tof 6 AMENDMENT TO SPECIAL CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-400 Salem Ferry Pier, Salem Harbor off Blaney Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Venial 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 venial 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 Order permits the installation of a publicly owner passenger ferry and excursion vessel berthing facility in Salem Harbor located within 3,500 square feet of Designated Pot Area and altering 31 square feet of Land Under Ocean, and 3,500 square feet of Land Subject to Coastal Storm Flowage. The Amendment to the original approved order includes the installation of an aboveground fuel line, water line, shore power,fuel station, and dry fire system. The fuel lines will be used to deliver fuel from a delivery truck in the parking lot to the float for fueling the ferry vessels. This approval does not include the storage of fuel in tanks or other fuel facilities on the site. The fuel lines are 2 inch diameter galvanized steel which will extend from a gated concrete containment pad in the parking lot approximately fifteen (15)feet southwest of the gangway at the concrete abutment. The lines will then run along the existing series of gangways and platforms terminating at the first float. Additional lines to be installed include a dry fire line consisting of four (4) inch galvanized steel pipes extending from the area of the concrete abutment to the first float. The installation of a two(2) inch water line for cleaning the ferry vessels that will extend to the first float from the existing water spigot and meter located behind the trailer. Also proposed is the installation of three, two (2) inch diameter electrical conduits from the base at the power pole located behind the trailer, extending to the area of the concrete abutment. The lines will be empty except for pull cords, and are intended for possible future electrical usage at the site. The water and conduit tines will run within the existing swale and are to be covered with crushed and bedding stone protection. The Conservation Commission reviewed the project and agreed to amend the approved Order of Conditions with the special conditions including: that the fuel lines be cleaned and inspected at the beginning of each season; that Material Safety Data Sheets (MSDS) be available in the spill kits located on the float and in the fuel delivery truck; the area where the truck will deliver the fuel shall be striped and clearly marked for the driver; a checklist shall be completed by the truck driver and the captain each day to confirm that the necessary steps are taken each day; granite blocks shall be placed in front of the fueling storage tank to protect it from accidentally being damaged by vehicles; and signage noting no smoking, no open flames,etc,per the state regulations in regards to fuel storage and delivery. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex 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; and recording information must be submitted to the Salem Conservation Commission in writing, before any work approved in this Order commences. Attachment to Order of Conditions # 64-400 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, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-400, 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. 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. 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 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) The City of Salem Wetlands Protection Ordinance and its Regulations 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. The Commission or its Administrator,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. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 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: Attachment to Order of Conditions # 64-400 Page 3of 6 Final Approved Plans Proposed Site Plan, Salem Ferry Pier, Section A-D Title June 2005 Dated David B. Vine 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 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 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 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL Attachment to Order of Conditions # 64-400 Page Aof 6 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 form 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 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). 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. Attachment to Order of Conditions # 64-400 Page 5of 6 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. AFPER 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 filling,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. 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. The applicant shall supply the Salem Conservation Commission with a copy of the Trash Management Plan. Attachment to Order of Conditions # 64-400 Page 6of 6 AMENDED CONDITIONS 44. The fuel'lines shall be cleaned and inspected at the beginning of each season. 45. Material Safety Data Sheets(MSDS) shall be available in the spill kits located on the float and in the fuel delivery truck. 46. The area where the truck will deliver the fuel shall be striped and clearly marked. 47. A checklist shall be developed and approved by the Conservation Agent or the Conservation Commission. 48. The approved checklist shall be completed by the truck driver and the captain each day to confirm that the necessary steps are taken each day, see attached checklist. 49. Granite blocks shall be placed in front of the fueling storage tank to protect it from accidentally being damaged by vehicles. 50. Signage shall be installed noting no smoking,no open flames,etc, per the state regulations in regards to fuel storage and delivery. S DAILY CHECKLIST City of Salem Nathaniel Bowditch Commuter Ferry Fueling Operations (Captain and Fuel Operator initial each box) BEFORE FUELING DURING FUELING AFTER FUELING Park on Shut Off All Check All Extinguish All Close Vessel Marked Paved Electricity/Open Maintain Noule wipe SpiIV Avoid Attend Fuel Nossle Ventilate if Date Bilges for Smoking Access Fittings Area/Stop Flames/Heat Contact Report Overflows at all Times Inspect Bilges Odors Found Engines Sources Fuel Vapors Materials and Openings FORT POINT ASSOCIATES , INC . 286 Congress Street, 6th floor . Boston. MA 02210 Salem Ferry Pier Salem , Massachusetts NOTICE OF INTENT July I, 2005 Let 444 submitted to: prepared by: Salem Conservation Fort Point Associates, Inc. Commission submitted by: in association with: City of Salem Vine Associates, Inc. City Hall 120 Washington Street Salem, Massachusetts 01970 FORT POINT ASSOCIATES, INC. 286 Congress Street 6th Floor Boston, Massachusetts 02210 617/357-'7044 FAX 617/357-9135 'July 1, 2005 Mr. Kevin P. Comaochio,Chairman Salem Conservation Commission Salem City'Hall 120 Washington Street Salem,MA 01970. Attn: Frank Taormina _ SUBJECT: Salem Ferry Pier-:DEPTransmittal No. W 065037 Blaney Street,'$alem;MA` bear Me. Cornacchio; Enclosed please"find one original and eight copies of the Notice of Intent(NO[) submitted behalf of;the City of Salem,to install a passenger ferry and excursion vessel berthing facility in Salem` Harbor off Blaney Street. The City has received'state Seaport Council Funding to design, permit and install the facility. The work is expected to commence in July and be completed by October of this year.; The proposed facility includes the installation" of ramps; platforms, new and existing floats and pilings in the same location as a previously permitted'temporary commuter ferry demonstration project which operated from the site in.1998. The proposed, project will be an interim facility that will 'operate for the next three to five years until it is replaced.by.the future New,Salem Wharf Project which is described in the City's'Municipal Harbor Plan: The entire facility is.located in Salem Harbor and no upland activities are proposed. Activities are proposed within Land Under Ocean and the entire facility is located in Land Subject to Coastal Storm Flowage(a velocity zone). The placement of piles to support the facility will affect 31 square feet of Land Under Ocean. July 1, 2005 . Salem Ferry Pier NOI Page 2 Should you have any questions or concerns regarding this matter, please contact me at(61'7) 357- 7044 ext.'201. Sincerely, Susan St. Pierre Senior Associates Enclosures: 7 copies of NOI Application Package CC: R. Longiey, Department of Planning and Community Development D:Vine,Vine Associates J. Fay,fort Point Associates, Inc.Wo attachments). Mass-DiVision.of Marine Fisheries File FORT POINT ASSOCIATES, INC. 286 Congress Street—6th Floor % Boston, Massachusetts 02210 617/357-7044 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act I, Susan St. Pierre, hereby certify under the pains and penalties of perjury that on July 1, 2005 I gave notification to abutters in compliance with 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: The applicant has filed a Notice of Intent to install a berthing facility for passenger ferry and excursion vessels in Salem Harbor off of the Blaney Street site in Salem,MA.. The form of the notification,and a list of the abutters to whom it was given and their addresses are attached to the Affidavit of Service. Name Date COMMONWEALTH OF MASSACHUSETTS Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40,you are hereby notified of the following: A. The name of the applicant is City of Salem B. The applicant has filed a Notice of Intent with the Salem Conservation Commission Beverl MA seeking permission to remove,fill, dredge or alter an Area Subject to Protection under the Wetlands Protection Act(MGL Ch. 131, Sec. 40). C. The address of the lot where the activity is proposed Salem Harbor off Blaney Street D. The Notice of Intent may be examined at The Salem Conservation Commission Ci Hall 120 Washington Street Salem MA,between the hours of 8:00 AM and 4:00 PM.Monday throu h Wednesda 8:00 AM and 7:00 PM Thursda and 8:00 AM and 12:00 PM Frida . Information regarding the date,time and place of the public hearing may also be obtained from the Department of Planning. For information call,978-745-9595. E. Copies of the Notice of Intent may be obtained from the applicant by calling: Susan St. Pierre(6171357-7044 x201 between the hours of 9:00 AM and 5*00 PM Mondav through Friday. Check One: This is the applicant_representative X or other_(specify): 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 NOTE: Notice of the public hearing,including its date, time,and place,will be posted on the Department of Planning and Conservation's Bulletin Board at Town Hall not less than forty-eight(48)hours in advance. NOTE: You also may contact your nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP,call: the Northeast Region(617)654-6500. Enter your transmittal number I W06 03 El Your unique Transmittal Number can be accessed online: httP://www.mass.gov/d Transmittal Number ep/counter/trasmfrm.shtml or call DEP's InfoLine at 617-338-2255 or 800-462-0444(from 508, 781,and 978 area codes). Massachusetts Department of Environmental Protection Transmittal Form for Permit Application and Payment 1. Please typeq, permit Information print.A separate Transmittal Form WPAFom13 must be completed 1.Permit Code:7 or 8 character code from for each permit permit instructions 2.Name of Permit Category application. Berthing Facility 3 T ype of Protect or Actmty 2. Make your check payable to B. Applicant Information - Firm or Individual the Commonwealth of Massachusetts City of Salem and mail it with a 1.Name of Firm Or,ifneedm this approval is an rndmdual enter name below. COPY of this form to: party 9 DEP,P.O.Box Duncan inn 4062,Boston,MA 2 Last Name of Indmdual 3.Frrst Name of Indivdual 4. ozz11. _City Hall, 120 Washington Street 4.MI o atreet Address 3. Three copies of Salem this form will be MA 01970 needed. 6.City Town 978-ephone 95 7.State 8.Zip Code 9.Telephone# 10.Ext.# Copy1-the Rebecca Lon ley original must 11.Contact Person 12.e-mail address(optional) accompany your permit application. C. Fecillty, Site or Individual Requiring Approval Copy 2 must accompany your Salem Fe Pier fee payment. 1.Name of Facility,Site Or Individual Copy 3 should be Salem Harbor Off Blaney Street retained for your 2.Street Address records Salem MA 01970 4. Both and exempt t paying 3.City/rown 4.State 5.Zip Code 6.Telephone# 7.Ext.# P applicants must 8.DEP Facility Number(d Known mail a copy of this ) 9.Federal I.D.Number(if Known) 10.BWSC Tracking#(if Known) transmittal form to; D. Application Prepared DEP by (if different from Section B)* P.O.Box 4062 Fort Point Associates, Inc. Boston,MA 1.Name of Firm Or Individual 02211 286 Congress Street 2.Address •Note: Boston MA 02210 617/357-7044 201 enter the LSP. Susan For BWSC Permits, 3. n 4.State 5.Zip Code 6.Telephone# 7.Ext.# San St$t Pierre B.Contact Person 9.LSP Number(BWSC Permits only) E. Permit- Project Coordination 1. Is this project subject to MEPA review? ®yes ❑no If yes,enter the project's EOEA file number-assigned when an Environmental Notification Form is submitted to the MEPA unit: 13558 F. Amount Due EOEA File Number DEP use only Special Provisions: 1. ®Fee Exempt(city•town or municipal housing authodty)(state agency if fee is$100 or less). Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status. 2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c). Recd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10). 4. ❑Homeowner(according to 310 CMR 4.02). Reviewer.., Check Number Dollar Amount Date noi-tr.doc•rev. 11/04 Page 1 of 1 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of intent DEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem A. General Information ciry/rown 1. Project Location (Note: electronic filers will click on button for GIs locator): Salem Harbor off Blaney Street Salem a.Street Address 01970 b.Qry/rown c.Zip Code Latitude and Longitude, if Known: Latitude: 42 31'33" Longitude: 70 52'33,, Ma 41 d.Latdude e.Longitude T.ASS essors Map/Plat Number 0278 Important: g.Parcel/Lot Number When filling out 2. Applicant: forms on the computer, use inn Duncan City of Salem MA only the tab a.First Name b.Last Name _ c.Company key to move Salem City Hall 120 Washington Street Your cursor- d Mailing Address do not use the Salem return key. e.Ciry/rown MA 01970 t.State g.Zip Code m 97 hone N.... 978n4o-0404 h.Phone Number i.Fax Number j.Email address 3. Property owner(if different from applicant): ,� ❑ Check if more than one owner a.First Name Dominion Ener y Salem Harbor b.Last Name c.Company 24 Fort Street d.Mailing Address Note: Salem MA Before e.ciry/rown 01970 completing this t.State g.Zip code form Consult h.Phone Number your local Fax Number j.Email address Conservation 4. Representative(if any): Commission Fort Point Associates, Inc. a.Fin regarding any n municipal bylaw Susan or ordinance. b.contact Person First Name St. Pierre c.Contact Person—Last 286 Congress Street 6'h Floor d Mailing Address Boston e.Cny/rown f State 02210 617-357-7044 617-357-9135 9 Zip Code h.Phone Number i.Fax Number SSt.plefre fpa-inc.com ® Select If 1 Email address you want to see 5. Total WPA Fee Paid (from Appendix A, Wetland Fee Transmittal Form): Wetland Fee FEE EXEMPT Transmittal a.Total Fee Paid $ $ Form, b.State Fee Paid c.City/rown Fee Paid 6. General Project Description: Install publicly owned passenger ferry and excursion vessel berthing facility in Salem Harbor. wpaf0en3A0m rev.0&03 Page 1 08 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent DEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Documen TTransacbon Number Salem A. General Information (continued) city Town 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision C. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ® Dock/Pier f. ❑ Utilities g ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry i. ❑ Transportation i ® Other 8. Property recorded at the Registry of Deeds for: Essex a.County 17186 b.Book 205 C.Page Number d.Certificate#(if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal bank, coastal beach, coastal dune, or salt marsh? a. ❑ Yes If yes, skip to Section C. b. ® No If no, check the resource areas to be affected by this project, directly below. wpafonn3.dw rev.06/03 Page 2 or 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent MEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document TransacuonNumber Salem CityRown B. Resource Area Effects I. Inland 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. Online Users: Include your Resource Area Size of Pr000sed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1.linear feet number 2.linear feet b. ❑ Bordering Vegetated (provided on Wetland 1.square feet your receipt 2.square feet page)with all c. ❑ Land Under 1.square feet supplementary Waterbodies and 2.square feet information you Waterways submit to the 3.cubic yards dredged Department. d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. El Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage 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. s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes[-INo wpaforrn3Aoc•rev.08/03 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of intent DEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 AocymentTransaaon Number Salem CityRown B. Resource Area Effects (continued) 2. Coastal Resource Areas: 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 a. ® Designated Port Areas Indicate size under Land Under the Ocean, below number b 31 sf of piles in LUO& 3,500 (provided on ® Land Under the Ocean your receipt sf of structure in DPA page)with all supplementary 2.Cubic yards dredged information you c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes submit to the below Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. El Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores. 1.Square feet h.❑ Salt Marshes 1.Square feet 2.Sq R restoration;rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged I. El Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. 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 Land Subject to Coastal 3,500 Storm Flowage 1.Square feet 3. Limited Project: 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? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b.Limited Project wpafo 3.dm•rev.06I03 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands WPA FOI'll'1 3 — Notice of Intent DEP Fife Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemrtTrangBct pn yumber Salem City?own C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: t. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form(attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP(attached) your receipt page)with all 4 ❑ Other Methods for Determining the BVW Boundary(attach documentation): supplementary information you a. ❑ 50%or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was delineated. D. Other Applicable Standards and Requirements 1. 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? 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 Route 135, North Drive Westborough, MA 01581 July 1, 20W U.Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ® Yes❑ No If yes, include proof of mailing or hand delivery of NO] to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ❑ Not applicable—project is in inland resource area only wlworm"W'rev."'03 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -ocumentTransactionNumber Salem CityRown t D. Other Applicable Standards and Requirements (continued) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L.c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of th page)with all wetlands regulations, 310 CMR 10.00. e supplementary information you a. ❑ Yes ® No . If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No b. If yes, stormwater management measures are required. Applicants should complete Appendix B: Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: E. 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. w fonldoc•rev.0&03 Page 6 of 8 ElMassachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent DEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 icumentTransactionNumber Salem E. Additional Information (continued) Cit Irown 3. ❑ Other material identifying and explaining the determination of resource area boundaries Online Users: shown on plans(e.g., a DEP BVW Field Data Form). Include your 4. ® List the titles and dates for all plans and other materials submitted with this NOL document 5. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 5.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. your receipt page)with all 7 ® Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you s. ❑ Attach Appendix A, see next page. submit to the Department. s. ® Attach Appendix B, if needed. 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: FEE EXEMPT-CITY OF SALEM 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date 5.Payor name on check:First Name 6.Payor name on check:Last Name wpafonnldw-rev.0e103 Page 7 of 8 OT-01-05 01:50pm From-Dominion Energy 8042732303 T-712 P.0021002 F-846 r Massachusetts Department of Environmental Protection PM'Aaea by PEP: Bureau of Resource Protection-Wetlands DEP Fee Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DcwnreMTraneealon Number Salem glylTorm G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accomparrying plants,documents,and supporting date 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 nrgulatk ma,310 cMR 10.05(5)(0). 1 further certify under penalties of perjury that mill abutters were notified of this application,pursuant to the requirements of M.t3 a 131,§40. Notice must be made In writing by hand delivery or certified mall (return receipt re )to all abutte wi 100 feet of the property line of the project locartion, smwture Date Slplab"a ur r(e . Deft 8ipmrWn of napneee s"a 0na �J Bala For Conservation Commission: Two copies of the completed Notice of Intent(Form 3),including supporting plans and documents;two COPlea of pages 1 and 2 of Appendix 9;and the city/Wwn fee payment must be sent to the Conservation Commission by wed mail or hand delivery. For DEP: One COPY of the completed Notice of Intent(Form 3),Including supporting plans and documents;one COPY of pages 1 and 2 of Appendix 13:and a copy of the state fee payment must be sent to the DEP Regional Office(see Instnutlons)by certified mall or hand delivery.(E-filers may submit two electronically.) Other. If the applicant has chocked the"yes'box in any pan of Section D.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. apetana.mc•mr.aw9 Pwlofs Massachuset ts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — Wetland Fee Transmittal Form El 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 FEE EXEMPT-City of key to move SALEM b.Last Name Your cursor- c.Company do not use the d.Mailing Address return key. e.City/rown d f.State g.Zip Code h.Phone Number 2. Property Owner(if different): a.First Name b.Last Name c.Company d.Mailing Address e.City/rown f.State g.Zip Code h.Phone Number 3. Project Location: a.Street Address b.Cityrrown To calculate g Fees filing fees,refer to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in Section D of The fee should be calculated using the following six-Step process and worksheet. Please see this form. Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and bufferzone. 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 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. Wpafonn3Aoc•Apmndix B•rev.7/1/o5 Page 1 of 3 ElMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — 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 5/1rotal 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 Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows (check applicable project type): I. ❑ single family house project a.feet of BVW x$1.00= b.Total fee not to exceed$1,000 2. ❑ all other projects a.feet of BVW x$1.00= b.Total fee not to exceed$1,000 State share of filing fee: 3. 1/2 of total fee less$12.50 City/Town share of filing fee: 4. 1/2 of total fee plus$12.50 Wpaform3.dm•Appendix B-MY,7I1/05 Page 2 of 3 ElMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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,Abbreviated Notice of Intent, or Abbreviated Notice of Resource Area Delineation; a copy of pages 1 and 2 of this form; and the city/town fee payment. c.) To DEP Regional Office(see Instructions): Send the Notice of Intent,Abbreviated Notice of Intent, or Abbreviated Notice of Resource Area Delineation; a copy of pages 1 and 2 of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpafovn3.doo•Appendix B•rev,711105 Page 3 of 3 ry r Qva yr � i x VIE- A .F z Ka g J Wks, , � r `y. i-rv`ya fc�Y w Y ip Ali 2 a (q5 i ( y 4: . 'fJR S Y5 .1 L'� i e� S 3 L" I t +r g 3q o-. °3-.. .-x„�-�a ' 3'�aa� � �' � ro•�`x cam:% t,.t'. ' m,. �■ Y" � ,�i�S �'7,-fsa �b..'"��"i4sz a� '�,7 I I I �,f I'I i•� � � x, ., x 7 7 s/'°f •V '* ••�I Z ux '^y T s�#z T �'f '" yA, i�§ ,4 ,' iv _ r` a':s- � � � :� ,��x 1 .In s x, >• F���` � awl Ix � >' _1_ � rw �_ y `54;'�' � Wd RA '� � 1" ny� €"j• �� ''��11�.�' T�,}�4 f e >, I � I, ?,.T .,+*�s.��,ssl Age .{/ +'.2 dI �r194. iY � p11 ,� L...w.iAl V� .. �r� S• ¢ k f .'��� � 'Sr " � � ,;3a wy��q���t` 7. �2� - "' �i.,'% • 1 1 1• • f , „ i`\ I \'• \ \\\ \ --------------- ---------------------------- \ x c � � •U,Co\• / ♦GC ./ wa (1'Y o� TTTVT i' m NW At a p r W Y Y18 NW ( OF CDnr,rU Ll 1 C7 VJ DATUM: MLW = 0.0 AT: SALEM HARBOR n HTLW= ,12.2 EXISTING COUNTY: ESSEX ON BY: CONDITIONS APPL CITY IOF SALEM 0 200 400 PLAN SALEM FERRY PIER SALEM, MASSACHUSETTS _ E SCAL iN FEET WNE ASSOCIATES, lNO NEWBURYPORT, MASSACHUSET7S DATE: JUNE 2005 SHEET 2 OF 7 I I A IV k H D ��7 z Z rzq jD xisti{{��g Dolphins nd Cotwolk A ° / \ / 20'x50' STEEL FLOAT WITI f/ / I / i C� /�/Tj� ALUMINUM PLATFORMS I f EXISTING 50' GANGWAY. u / & RAMPS (EXISTING) ;:0 CONCRETE 50' GANGWAY / 0 TURNING BASIN -0 0 ABUTMENT t165' Zmo A / A I I II t115' rrip / ' B I I pII 50 TO TU NING BASIN 10'x1 P20�6,"PLATFORM C � III ` (� ( PILE �Iit N�\"� DOLPHIN / TWO 30' GANGWAYS \ 24" DIA. STEEL I 1 (EXISTING) \� \ GUIDE PILES o s c01 // �\ \\ i si v c " / .�\ \ �\ � (6 TOTAL) r, a 0 / 20'x50' STEEL FLOAT \ ' \ / +Iz torn N y < rn O / NOT — En =m z // PROPOSED WORK SHALL INCLUDE x rn u�i� �/ TIMBER PLATFORMS, TRANSPOfkT AND At0 tFIC�1�i�}��EF=-�Xf$ Gi'/ —' + /ENTRAL WHARF FLOAT, INSTALLATION OF NEW'FH_OAT AND W ti _ _2 / GANGWAYS, AND CONNECTION ND ANCHORIW F4LOA I WITH 0 _ \ / / STEEL PILES. I i / I?62\CORP\Shl-4 O a � 0 c� a 0 tn > � g m z o II p II +� N 00 0 F� m 47 y NOTE: TOP OF BOTH GUIDE PILES A TO HAVE CONICAL PVC PILE CAP, ti o FASTENED WITH 1/2" WIDE S.S. BANDS a ti a n TIMBER PLATFORM TOP OF 24"18x0.5" WALL C & TOP OF DECK (� EL14.5 20'x50' STEEL FLOAT STEEL PIPE GUIDE PILE (r� 50' GANGWAYS FROM CENTRAL WHARF EL +20.0 (6 TOTAL) 0 TIMBER PLATFORM —I EXISTING & TOP OF DECK NEW 20x5O STEEL FLOAT O ABUTMENT EL.13.0 Z -- - -------- ---- _ _�- _ EXISTING DUNE -� D v O. PILE TIP EL -60.0 GUIDE PILES TO BE COATED !^ y to n r z C11N1 TO A MINIMUM OF 10' BELOW C r D !♦/pN� MUDLINE, TYP. m oZ N; _ SECTION A—A a s s X > .n o SCALE: 1"=40' rri w In �; r �c9F 6 m pR SL3 � m m j A y O V HANDRAIL WITH 2K8 WOOD DECKING TIMBER BALUSTERS 6K10 STRINGER FASTENED "/6• SPIKES 42• FASTENED WTH 3/4.0 2 PPR INIX, 10i10 STRINGER GALV. BOLTS 3/4•0 GALV. BOLTS 2-2A FASCIA Iwo STRIN 6x12 SPLIT CAPS NOTCHED 1•0 GALV. BOLTS INTO PILE. TW. d. 122 Oft) 3-12 BRACING A *"" (N 602 LOW WATER WALE, TYP. EL 2" EL OO (MLM SECTION B—B ,� Rp►j"QwmD SCALE: 1"=4' sum FO 4Q. (� q Io DATUM: MLW = 0.0 AT: SALEM HARBOR 7 MHW = 8.9 COUNTY: ESSEX HTL = 12.2 PLATFORM SECTION B APPLICATION BY: a 0 4 CITY OF SALEM 8 SALEM FERR`( 'PIS SALEM, MASSACHUSETTS SCALE IN FEET VINE ASSOCIATES, INC. NEWBURYPORT MASSACHLISETTS DATE: JUNE 2005 SHEET 5 OF 7 F. HANDRAIL WITH 10y10 STROIGER ,. 2-8 WOOD POLYMER TIMBER B4W3fERS OOMPOSITE DECKING 6r10 SIRINOER FASTENED r/8• SPIKES 4Y• FASTENED WTH 3/4•0 2 PER INTX.OALV. BOLTS 10K10 STRINGER 3/4.0 GALV. BOLTS 2-2. F=3 EL122(IRII 6.12 SPLD CAPS NOTCHED 1.0 GALV. BOLTS INT] PILE.TYP. BB (YHWI 302 BRACING 6.12 LOW WATER WALE.TYP. EL +20 EL, OA thim SECTION C tWOFA , SCALE: 1"=4' G4or DATUM: MLW = 0.0 AT: SALEM HARBOR MHW = 8.9 COUNTY: ESSEX HTL = 12.2 PLATFORM SECTION C APPLON CITY IOF SALEM 4 S SALEM FERRY PIER SALEM. MASSACHUSETTS SCALE IN FEET DINE ASSOCIATES, INC. fVLKVURYPORT, MASSACHUSETTS DATE: DUNE 2005 SHEET 6 OF 7 I='1 TOP OF PILE EL. 20.0.0 (TYP)- 24"0 CONCRETE FILLED GUIDE PILE HTL 122 ALUMINUM PLATFORM AND SUPPORTS ALUMINUM RAILING MP WITH INFILL BALUSTERS, TYP. MHW 8.9 � NON-SKID STEEL DECK FLOAT SURFACE PILE GUIDE TACTILE DQ RAMP WARNING STRIP EXISTING CENTRAL WHARF FLOAT I 8" MLW MLW 0.0 4" 20'BOTTOM OF FLOATE SHALL BE PLACED TO ELOW MUDLINE. PILES APPROX. EXISTING BOTTOM EPDXY COATED TO W MUDLINE. ROCK SOCKETED STEEL PILE MINIMUM PILE TIP EL. -70 (TYP) SECTION D SCALE: 1"=8' jN OF �NF `r TER�ak� !O A Co d S DATUM: MLW = 0.0 AT: SALEM HARBOR MHW = 8.9 COUNTY: ESSEX HTL = 12.2 FLOAT SECTION APPLICATION BY: SECTION D CITY OF SALEM 0 8 18 SALEM FERRY PIER SALEM, MASSACHUSETTS SCALE IN FEET DATE: JUNE 2005 SHEET 7 OF 7 VINE ASSOCIATES, INC NEWBURYPORT, MASSACHUSETTS - ' SALEM FERRY FACILITY SALEM,MASSACHUSETTS 1 OPERATIONS AND MAINTENANCE MANUAL ' Prepared by: VINE ASSOCIATES, INC. ' NEWBURYPORT,MA ' Operation and Maintenance Manual Salem Ferry Facility ' Contract Nos. H-13 to H-17 and 1-39 ' H-13 Facility Installation H-14 Steel Float Procurement H-15 Aluminum Gangways I-39 Utility Installations ' TABLE OF CONTENTS ' 1. General 2. Critical Areas of Concem a. Floats b. Steel Anchor Piles c. Gangways, Ramps and Platforms d. Utility Systems e. Zinc Anodes f. Interfloat Rubber Connections ' g. Electrical and Utility Facilities 3. Inspection Frequency 4. Long Term Facility Requirements ' 5. Additional Requirements a. Conservation Commission b. Dominion Energy ' c. Salem Fire Department Attachment I — Section 5 Documents 1 ' Operation and Maintenance Manual page I Operation and Maintenance Manual Salem Ferry Facility Prepared by Vine Associates, Inc. September 13,2007 1. General The platform, float and gangway system at Blaney Street, Salem is a unique series of ' structures arranged to offer a wide variety of passenger-vessel access points and vessel boarding heights (or freeboard). The system provides the ability for all berths to be accessed in accordance with the State's Architectural Access Board (AAB) handicap ' access requirements. The facility was permitted and designed to function as'a temporary facility for a 3 year term of operation. The components were designed and constructed with materials that would allow the re-use as part of the permanent facility being planned for the site. The facility, which opened for operation in the spring of2006 on a fast track schedule, ' whereby the facility was in operation prior to final completion of the three separate contracts which comprised construction. Work on these three contracts (H-13 Facility, H-14 Steel Float, H-15 Aluminum Gangways) was performed between June and ' December 2006. From May 2007 though September 2007, a fourth contract, (No. I-39— Utilities Installation) was implemented which involved the installation of a dry fire line, fuel line and water lines to service the facility. 1 2. Critical Areas of Concern ' The facility has been designed to function over a variety of climatic and water level conditions,to provide year round service for Boston commuters and other harbor users. The following is a listing and description of individual facility components and processes most prone to wear, and the requisite maintenance requirements and schedule for replacement of such components. a. Floats—the floats are constructed of steel with welded hulls. Typical wear components of such structures include pile guides and rub blocks, steel hull t welds,hull anodes,rubber connection members and hatch covers, which are further described below: ' 1) The weld and bolt connections at the guides are subject to a variety of loadings and stresses. The guides contain HDPE rub blocks, which are subject to wear and need of adjustment and/or replacement. ' 2) The hull is ballasted by potable water, which may be susceptible to shifting,resulting in listing of the float. The interior and exterior ' Operation and Maintenance Manual Page 2 surfaces of the hull are subject to paint deterioration and should be inspected annually, and repaired as necessary. ' 3) The hull anodes have a design life span of 5 years. Anodes should be inspected every 2-3 years to evaluate working performance, with ' replacement of anodes as necessary. The underwater inspection should be made to access the condition of the hull, the hull connection welds, anodes,paint, the underside of inter-float connections, and the pile coating. The inspection should measure and report the size of anodes,paint or coating conditions and other areas ' of general or isolated deterioration. The inspection should utilize ultrasonic thickness testing for isolated areas showing signs of significant corrosion loss. 4) The steel floats are connected with rubber members as shown on the Contract Drawings. Differential movement of the floats occurs ' through normal usage. The movement is reduced by transferring berthing and water induced loadings between the connected floats through the rubber connection members. This results in stressing of ' the rubber connection members. The rubber connection members should be inspected bi-annually for fit and material condition, and repaired as necessary. ' 5) The steel hatch covers are prone to localized deterioration and material breakdown of seals and gaskets which can result in salt ' water entering the hull from the deck. The hatch covers should be inspected bi-annually for fit, and seals should be replaced as necessary. As part of the hatch inspection,the freeboards of the ' floats should be measured and compared to previous measurements, as changes could indicate leakage at hatches. t 6) The float surface is covered_with a layer of non-slip paint surface. There is also a handicap strip along the parameter of the float. The float deck paint surface is subject to paint deterioration due to ' weathering, and pedestrian and equipment access and should be repainted as required annually. The handicap strip is prone to lesser adherence due to it being connected to the epoxy on the deck surface. ' If needed, positive screw attachments should be placed over epoxy patching, similar to existing attachments. ' b. Five, 24 inch diameter steel anchor piles placed through float connected steel guides hold the floats in place. The piles are coated with a 16 millimeter thick bitumastic coating. Continuous movement of the steel guides against the piles wears away the bitumastic coating,which can expose the pile steel to further abrasion and corrosion. For long term, the bitumastic coating can be locally reapplied as needed. The MHW guide =' Operation and Maintenance Manual Page 3 1 blocks should be inspected along with the coating to assure no excessive wear. The guide spacing can be adjusted in the future by applying shims to the blocking (or replacement of current blocking with thinner piece) if excessive wear is observed. I ' C. The aluminum gangways, ramps and platforms are subject to tidal and wave related forces resulting in material loss due to abrasion and corrosion ' due to salt water spray. The critical points of corrosion and abrasion contact are at the wearing surface between the transition plates and the float surface. Gangways subject to tidal variation should be inspected (at a ' minimum)bi-annually for concentrated or unusual wear at the float or platform connections. Areas where there is minimal clearance between members should also be inspected for excessive signs of wear. The wearing ' surface in these locations should be monitored and repaired or reinforced as necessary. ' d. Electrical, Fuel,Water and Dry Fire.Systems—These utility systems are initiated within the backland area, with the lines running along the ramps, platforms and gangways to the first float. Electrical facilities should be ' inspected bi-annually at a minimum. The line attachments should be visually and manually proofed to assure that each line connections are secure. In addition, consistent with the Amended Orders of Conditions ' issued by the Salem Conservation Commission for this work(see Attachment 1), the utilities should be inspected before each season in accordance with the specific requirements referenced in Section 5 below. The fuel line should be emptied at the completion of the fall fueling season to prevent storm damage that could result in residual fuel spilling into the harbor waters. 3. Inspection Frequency ' In general, the facility should be visually inspected bi-annually prior to the. beginning and at the end of the annual operating season. A full facility inspection should be undertaken each year by a qualified engineer, experienced in waterfront facilities. More frequent, less in-depth inspections should be undertaken by the City of Salem and/or the Operator following major weather storm events, or to ' surmise reports of damage. Section 2 above describes facility components in regards to critical areas of ' concern of wear and failure and makes recommended for facility inspections including frequencies of inspections ' It is recommended that the Operator/Owner provide regular observation of facility conditions during the ferry operation season. A point of contact and a system to monitor conditions following storm events needs to be established and maintained ' Operation and Maintenance Manual Page 4 ' for the non-operator periods of the year. Maintenance and general repair work should be budgeted for and considered as necessary. Inspection results, damages ' and repairs should be recorded. This information should be reviewed prior to subsequent inspections. ' 4. Long Term Facility Requirements By the nature of the facility,the following facility elements should be programmed for repair or replacement based on extent of wear identified during inspections or ' as a result of storm damage: a. Float anodes ' b. Steel pile coating C. Pile guide rub blocks d: Bearing members at transition plates ' e. Painted non-slip surfaces and handicap strip f. Fueling and utility line connections to gangways, platforms and ramps ' 5. Additional Facility Requirements ' The addition of the water, fuel and dry fire systems under contract I-39 Utility Installations introduced additional facility requirements. These include detailed requirements for the maintaining of the fueling operations including procedures for ' pumping fuel,the need to maintain safety equipment and absorbent booms on site, required inspection of the fuel facilities, and specific report requirements as required in the following documents included in Attachment 1: ' a. Conservation Commission Amended Orders of Conditions b. Dominion Energy Salem Station—Dispensing Diesel Fuel to Passenger ' Vessels C. Salem Fire Department letter by Chief David W. Cody. ' The specific procedures and requirements contained within these documents should be reviewed and followed by personnel using the facility. 1 tOperation and Maintenance Manual Page 5 1 1 1 1 1 1 ATTACHMENT � SECTION 5 DOCUMENTS ' Massachusetts Department of Environmental Protection T — Bureau of Resource Protection - Wetlands DEP File Number. �1 WPA Form 5 - Order of Conditions #64400 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' A. General Information Important: Salem When filling From: 1.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 Lynn Duncan Cily of Salem, MA use the return a.First Name b.Last Name C.Company key' 120 Washington Street ' d.Mailing Address I(�I m •^zL�I1I Salem Ma 01970 ' 1� e.City/Fawn f.State g.Zip Code a� 4.Property Owner(if different from applicant): Dominion Energy Salem Harbor a.First Name b.Last Name c.Company ' 24 Fort Avenue d.Mailing Address Salem Ma 01970 e.City/rown f.State g..Zip Code ' 5. Project Location: _Salem Harbor off Blaney Street Salem a.Street Address b.Cdylfown ' Map 41 Lot 0278 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude,if known(note: 42 31'33" 70 52'33" ' electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex ' a.County - b.Certificate(if registered land) 17186, 205 c.Book d.Page ' 7. Dates: 7/1/05 5/14/07 5/22/07 a..Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance e. Final Approved Plans and Other Documents(attach additional plan or document references as needed): ' Proposed Site Plan, Salem Site Ferry Section A-DSection A-D a.Plan Title Vine Associates, Inc. David B.Vine ' b.Prepared By c.Signed and Stamped by June 2005 d.Final Revision Date e.Scale Utilirylnstallations Salem Installations Salem Fe�Pief Salem MASalem MA March 2007 I.Additional Plan or Document Title g.Date wpafgm5.tl«•ray.3/+105 Pape 1 N 9 t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64400 ' 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 t. ® Protection of Wildlife ' Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ' a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order..To the extent that the following conditions modify or differ from the plans,specifications, or other proposals submitted with the Notice of Intent,these conditions shall control. 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) ' a. ❑ Buffer Zone Impacts:Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted ' Alteration Alteration Replacement Replacement sS. El Bank. ❑ Bordering Vegetated a.lineaffeet b.linearfeet c:linear(feet d.linearfeet ' 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 t and Waterways e.cu.yd dredged f.cu.yd dredged wperwm5.tlw•rtv.&1I05 PdBa 2 of t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File plumber. WPA Form 5 - Order of Conditions #64-400 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted 7. [I Bordering Land Alteration Alteration Replacement Replacement ' Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet I.cubic feet g.cubic feet h.cubic feet ' 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feel e.cubic If.cubic teat ' R. ❑ Riverfront area a.total sq.reel b.total sq.feet Sq It within 100 ft c.square feet d.square feel e.square feet Lsquare feet Sq ft between 100-200 fl g.square feet h.square feet t.square feet I.square feet ' Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ® Designated Port Areas Indicate size under Land Under the Ocean, below Land Under the Ocean 31 sq It -LUO 31 sq It-LUO 3,500sf-DPA 3.500 sf-DPA cu.yd dredged d.cu:yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ' 13. ❑ Coastal Beaches a.square feet b.square feet c.fly nourishmL. d.cfy noudshmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.cly noudshmt. d.rly noudshmt ' 15. El Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet. I ' 17. ❑ Salt Marshes a.square feel b.square feet c.square feel d.square feel 1B. ❑ Land Under Salt Ponds a.square feet b,square feet. ' c.cu.yd dredged d.cu.yd dredged tg. ❑ Land Containing ' Shellfish a,square feet b.square c.feet square feel d.square(eel 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, ' above a.cu.yd dredged b.w.yd dredged ' 21, ® Land Subject to Coastal 3,500 3,500 Storm Flowage a.square feet b.square feet ' wpalonn5.tloc• rev.311135 Page 3 d 9 1 Massachusetts Department of Environmental Protection �JBureau of Resource Protection - Wetlands DEP File Number. r h1. WPA Form 5 — Order of Conditions #64-400 ' 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, shall be deemed cause to revoke or modify this 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 pennittee 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, fires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. 7. This Order is not final unfit 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. t 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 DEPI ' "File Number #64-400 " ' wpalan I,dE •rev.311/05 Pogo 4 of ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-400 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 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. ' 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 Welland, 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. ' 18. All work associated with this Order is required to comply with the Massachusetts Stonnwater Policy Standards. Special Conditions: ' If you need more See Attached space for additional conditions,. ' select box to attach a text document t -001 n5.doc•w..I'i0.5 Page 5 d 9 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-400 ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I ' D. Findings Under Municipal Wetlands Bylaw or Ordinance t. 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: ' a.Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation ' 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. ' If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local ' select conditions,box to ordinance and the Massachusetts Wetlands Protection Act.select attach a text document i ' wpafoim6.tlx•rev.WIN - Page 6 of 9 ' Massachusetts Department of Environmental Protection 1— Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64400 t 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 5122/07 condition pursuant to General Conditions 94,from the date of issuance. t.Date of Issuance ' Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. 2.Number of signers 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, if not filing electronically, and the property owner, if different from applicant. Signatures: ' Notary Acknowledgement ' Commonwealth of Massachusetts County of On this 14 May 2007 Day of Month Year ' Before me,the undersigned Notary Public, K. Cornacchio, D. Pabich; M. Blier, D. Summer, personally appeared A. Hamilton, J. Fumed proved to me through satisfactory evidence of identification,which was/were personally known Description of evidence 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 Salem Cityrrown Conservation Commission 1 Signature of Notary Public Carey R. Duques ' Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) ' This Order is issued to the applicant as follows: ® by hand delivery on ❑ by certified mail, return receipt requested,on ' 5/22/07 Date Date wp9r0,m5.d.- rev.311m tPage 7 or 9 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64400 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 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 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. t II ' .P.f."s.d= ,e,3l1105 i ' Pege g of 9 ' Massachusetts Department of Environmental Protection — Bureau of Resource Protection - Wetlands DEP File Number: ��. WPA Form 5 — Order of Conditions #64-400 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 Page 7 of this form 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. 1 ---------------------------- To: Salem ' Conservation Commissbn Please be advised that the Order of Conditions for the Project at: Salem Harbor off Blaney Street #64-400 ' 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: I ' Dale ' If recorded land,the instrument number identifying this transaction is: L Instrument Number If registered land,the document number identifying this transaction is: ' Document Number ' Signature of Applicant w afonn5.dm-rev.3111M ' Page 9 of Attachment to Order of Conditions#64-400 Page 4]of 6 ' AMENDMENT TO SPECIAL CONDITIONS ' SALEM CONSERVATION COMMISSION DEP FILE#64400 Salem Ferry Pier,Salem Harbor off Blaney Street City of Salem,Massachusetts ' ADDITIONAL FINDINGS ' Based on the Estimated Habitats or Rare Wildlife and Certified Vernal 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 ' venial 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 Order permits the installation of a publicly owner passenger ferry and excursion vessel berthing facility in Salem Harbor located within 3,500 square feet of Designated Pot Area and altering 31 square feet of Land Under ' Ocean,and 3,500 square feet of Land Subject to Coastal Storm Flowage. The Amendment to the original approved order includes the installation of an aboveground fuel line, water line, shore power,fuel station,and dry fire system. The fuel lines will be used to deliver fuel from a delivery truck in the ' parking lot to the float for fueling the ferry vessels. This approval does not include the storage of fuel in tanks or other fuel facilities on the site. The fuel lines are 2 inch diameter galvanized steel which will extend from a.gated concrete containment pad in the parking lot approximately fifteen(15)feet southwest of the gangway at the concrete ' abutment. The lines will then run along the existing series of gangways and platforms terminating at the first float. Additional lines to be installed include a dry fire line consisting of four(4) inch galvanized steel pipes extending from the area of the concrete abutment to the fast float. The installation of a two(2)inch water line for cleaning the ' ferry vessels that will extend to the first float from the existing water spigot and meter located behind the trailer. Also proposed is the installation of three, two(2)inch diameter electrical conduits from the base at the power pole located behind the trailer, extending to the area of the concrete abutment. The lines will be empty except for pull cords, and are intended for possible future electrical usage at the site. The water and conduit lines will rum within ' the existing swale and are to be covered with crushed and bedding stone protection. The Conservation Commission reviewed the project and agreed to amend the approved Order of Conditions with the special conditions including: that the fuel lines be cleaned and inspected at the beginning of each season; that Material Safety Data Sheets ' (MSDS)be available in the spill kits located on the float and in the fuel delivery truck;the area where the truck will deliver the fuel shall be striped and clearly marked for the driver, a checklist shall be completed by the truck driver and the captain each day to confirm that the necessary steps are taken each day; granite blocks shall be placed in ' front of the fueling storage tank to protect it from accidentally being damaged by vehicles; and signage noting no smoking,no open flames,etc,per the state regulations in regards to fuel storage and delivery. --------------------- ' SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex 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; and recording information must be submitted to the Salem Conservation Commission in writing, before any work approved in this Order commences. Attachment to Order of Conditions#64400 Page 2of 6 1 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, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP He#64-400,and not placed on ta 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. 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. 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 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) The City of Salem Wetlands Protection Ordinance and its Regulations 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. t 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. U. The Commission or its Administrator,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. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 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: I ' II ' Attachment to Order of Conditions# 64-400 Paget3of 6 ' Final.Approved Plans ' Proposed Site Plan,Salem Ferry Pier Section A-D Title June 2005 Dated David B.Vine 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 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all f iture.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 ' 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 20 hay bales and wooden stakes under cover on the site to be used only for emergency ' erosion control. EROSION CONTROL 1 ' Attachment to Order of Conditions# 64-400 Page l'of 6 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 I ' 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 form 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 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). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet ' .from wetand 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 stonnwater 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 struc totes shall be inspected regularly and cleaned as necessary. 1 1 ,r Attachment to Order of Conditions# 64400 Page-�of 6 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.G1 Chapter 21 A,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 strictures 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 filling,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. 41. If the completed work differs from that in the original plans and conditions,the report must specify how t 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. I ' ADDITIONAL CONDITIONS ' 43. The applicant shall supply the Salem Conservation Commission with a copy of the Trash Management Plan. 1 ' Attachment to Order of Conditions#64-400 Page 6of 6 ' AMENDED CONDITIONS ' 44. The fuel lines shall be cleaned and inspected at the beginning of each season. ' 45. Material Safety Data Sheets (MSDS)shall be available in the spill kits located on the float and in the fuel delivery truck. 46. The area where the truck will deliver the fuel shall be striped and clearly marked. ' 47. A checklist shall be developed and approved by the Conservation Agent or the Conservation Commission. 48. The approved checklist shall be completed by the truck driver and the captain each day to confirm that the necessary steps are taken each day,see attached checklist. 49. Granite blocks shall be placed in front of the fueling storage tank to protect it from accidentally being ' damaged by vehicles. 50. Signage shall be installed noting no smoking,no open flames,etc,per the state regulations in regards to fuel storage and delivery. li 1 ' CITY OF SALEM Procedure No:: FY-07 WTA DOMINION ENERGY SALEM HARBOR Revision No.: 0 Page No.: 1 of 6 ' DISPENSING DIESEL FUEL TO PASSENGER VESSELS Date: 5/18/07 t Approved by: / Kathleen Winn, City of Salem Date ' Approved by: / David Vine, Vine Associates Date Approved by: / William Walker,WTA Principal Date ' Approved by: / Mike Fitzgerald, Dominion EnergySalem Harbor Date ' DATE OF REQUIRED REVIEW: REVISION DATE DESCRIPTION 0 5/1.8/07 Accepted Procedures 1 CITY OF SALEM E5/18/07 07 WTA ' DOMINION ENERGY SALEM HARBOR ' DISPENSING DIESEL FUEL TO PASSENGER VESSELS :Date: 1.0 PURPOSE: ' This procedure provides instructions for the dispensing of diesel fuel to vessels from a fuel truck located on the Blaney St. property to a vessel tied to a float. The fuel will be routed through a fuel ' line to a dispensing station on a float, which is connected to the vessel fuel tanks. 2.0 APPLICABILITY AND SCOPE- This procedure applies to the dispensing of diesel fuel to vessels tied to the float. ' One nozzle is connected to the end of the pipeline and the fuel fill pipes on the vessel tied to the dock. ' The steps outlined in this procedure are intended to ensure the safe dispensing of diesel fuel to vessels to minimize both personal exposure to diesel fuel and the potential for release of diesel fuel to the environment. 3.0 RESPONSIBILITIES: 3.1 Vessel Master is responsible for, • Assigning a qualified Fuel Handler to dispense diesel fuel to vessels. • Ensuring that only trained personnel operate the fueling system. t • Instructing and assisting qualified WTA personnel with the proper dispensing procedures ' • Reporting any spill to WTA management. NOTE: Only trained and qualified WTA personnel may operate the fueling system. Under ' no circumstances may an employee dispense diesel.fuel without proper training in the operation. ' 3.2 Fuel Handler is responsible for• • Informing the Vessel Master of the intent to begin fueling ' • Safely filling the vessel with fuel • Reporting any spills to the Vessel Master ' 33 Truck Operator is responsible for: • Turning the truck pump on and off as instructed by the Fuel Handler. Opening fuel flow valve on the truck as instructed ' ted by the Fuel Handler. CITY OF SALEM Procedure No.: FY-07 WTA ' DOMINION ENERGY SALEM HARBOR Revision No.: 0 Page No.: 3 of 6 ' DISPENSING DIESEL FUEL TO PASSENGER VESSELS Date: 5/18/07 4.0 DEFINITIONS': 1 • Ignition Sources: Entities or activities that may ignite flammable vapors. Pertinent examples of ignition sources include open flames, lighting, hot surfaces,radiant heat, smoking, cutting and ' welding, frictional heat sparks, static electricity, etc. • Topping Off.- The continuation of fueling after the automatic level shut off has engaged. 5.0 SAFETY AND ENVIRONMENTAL PRECAUTIONS• ' 5.1 Safety Precautions: • Personnel must review the current MSDS for diesel fuel and be,familiar with the hazards of the product. ' • Open flames and smoking are prohibited during all fuel dispensing activities and at any time in the area of the diesel aboveground storage tank(AST). • All dispensing or transfer of fuel will be attended by a qualified operator for the duration of the operation. The person dispensing the fuel will be aware of proper fuel handling ' procedures to minimize the risk of a spill. • All vessels must be turned off during fueling. • An appropriate fire extinguisher must be located within 75 feet of the fuel dispensing pumps. Fire extinguishers are currently located at the fueling station and aboard the ' vessel • Fueling must be stopped when the fuel fill whistles stop. Topping offis prohibited. ' Topping off can cause fuel to splash or spill. • Dispensing of diesel fuel will be done using only pumping equipment(hose, nozzle, etc.) ' approved and installed by WTA. Alterations to the hoses, nozzles, and other associated equipment are prohibited. ' 5.2 Environmental Precautions: • The nearest spill kit is located inside the floating dock. Equipment shall include 150 feet ' of boom, and oil absorbent pads; response time will be immediate in employing equipment if spill is detected. CITY OF SALEM Procedure No.: FY-07 WTA DOMINION ENERGY SALEM FIARBOR Revision No.: 0 Page No.: 4 of 6 ' DISPENSING DIESEL FUEL TO PASSENGER VESSELS Date: 5/18/07 • All spills are to be reported immediately in accordance with the Federal and State ' regulations. As well, all spills will also be reported to Dominion. 1 • Hazardous Waste During the fueling process, hazardous waste may be generated which includes diesel— saturated rags, diapers, etc. All diesel-impacted waste must be discarded as hazardous waste in appropriate satellite receptacles in accordance with the WTA Operations Manual. WTA currently has a contract with Clean Harbors for hazardous waste disposal (ID number CH067349). tSpills of diesel fuel, whether to land or water, are to be reported immediately to the Vessel Master, WTA Manager on Duty and the Salem Harbor Watch Engineer at 978- 740-8247. As a back-up to the Watch Engineer, the Salem Harbor Security Office can be ' notified at 978-740-8200. ' 7.0 PROCEDURE ' 7.1 Dispensing Diesel Fuel into Vessels 7.1.1 Fueling must be performed by personnel trained in the WTA fueling procedure, and ' must be conducted under the supervision of the Vessel Master. Under no circumstances should dispensing fuel commence without prior permission from the master. ' 7.1.2 The Vessel Master assigns a qualified WTA employee to fuel the vessel. The steps in ' section 7.1.4 are performed by a qualified WTA employee unless otherwise indicated. 7.1.3 Select the scully fitting for fueling the vessel. ' WARNING. SMOKING AND OPEN FLAMES ARE PROHIBITED AT THE PUMPS. VESSELS ' MUST BE TURNED OFF DURING FUELING. CAUTION: Alterations to the hose or nozzle is strictly prohibited. 7.1.4 Dispensing Diesel Fuel ' a. Before commencing fueling operations, the Fuel Handler shall notify Vessel Master that fuel dispensing will occur and ensure that the vessel main engines and generators are off. Throughout the fueling operation, the Fuel Handler and the Vessel Master shall communicate with walkie-talkie equipment. I ' CITY OF SALEM Procedure No.: FY-07 WTA ' DOMINION ENERGY SALEM HARBOR Revision No.: 0 Page No.: 5 of 6 DISPENSING DIESEL FUEL TO PASSENGER VESSELS Date: 5/18/07 ' b. Inspect the connection between the tanker and the fuel rack. c. Unlock the dispensing nozzle from its secure location and uncoil the dispensing ' hose to remove any kinks. d. Secure scully fitting to the vessel fill pipe to make a tight seal. e. Signal the Truck Operator to open valve at truck and start transfer pump. ' f. Open valve on the nozzle to begin fuel flow. CAUTION: Keep your head away from the vessel fill pipe to minimize your exposure ' to diesel fuel vapors. ' WARNING: STOP FUELING WHEN THE WHISTLE STOPS. DO NOT TOP- OFF. CAUTION: Report all spills immediately to the Vessel Master and WTA Manager on Duty, and Duty ' and the Salem Harbor Watch Engineer. g. Dispense diesel. Remain with the nozzle at all times during the fueling operation. Do not use any device that has the potential to cause a spark or buildup of static electricity. h. When fueling whistle stops, close the vessel fuel flow valve and signal the Truck Operator to stop the truck from pumping additional fuel. ' i. Reopen the fuel flow valve and signal the truck operator to open the purge tank valve. This will allow fuel to drain from the system into the vessel fuel tank. ' j. Once air is no longer audible entering the purge tank,close the purge valve and valve on the vessel. k. Return the dispensing hose to its holder, secure in place, and signal the truck operator to disconnect the truck from the pipeline. ' 1. Check the area for any spills. If spills are discovered, implement appropriate notification and cleanup measures in accordance with the Federal and State t regulations and WTA fueling procedures. Dispose of all waste rags and spill cleanup materials at the appropriate receptacles. ' NOTE: A sheen is reportable to the NRC (EPA and Coast Guard) and 10 gallons to land is reportable to Massachusetts Department of Environmental Protection] 1 ' CITY OF SALEM Procedure No.: FY-07 WTA ' DOMINION ENERGY SALEM HARBOR Revision No.: 0 Page No.: 6 of 6 ' DISPENSING DIESEL FUEL TO PASSENGER VESSELS Date: 5/18/07 m. Empty the fuel hose by gravity into the vessel by opening the vessel valve ' 8.0 TRAINING: momentarily ' 8.1 WTA management shall ensure that all personnel who are involved in this procedure are provided instructions on the proper fueling procedures prior to operating the diesel dispensing hoses. ' 9.0 CONTACTS: ' 9.1 The following phone numbers may be used to contact WTA personnel: • Salem Ferry Terminal: (978) 741-0220 • MN Nathaniel Bowditch: (617) 686-6900 ' • WTA Headquarters: (617) 222-6999 • Mike McGurl (cell): (6i7) 797-1994 . Bill Walker(cell): (617) 797-1992 9.2 The following phone number may be used to contact Salem Harbor personnel: • Watch Engineer: (978)740-8247 • Security: (978) 740-8200 Note: contact Salem Harbor Security if the Watch Engineer is unavailable. This phone is generally staffed 24-hours per day. ' 10.0 DRAWING ATTACHMENT: 10.0 See attached Figure 1 for schematic drawing of operations. 1 1 1 FUEL TRUCK LANDSIDE VALVE 'GANGWAYS AND PLATFORMS FLOAT a o o o SURGE VESSEL WATER G o/ TANK SPIGOT VALVE DETAILS SCALE: NTS FENCE ° 20'X20' PLATFORM OFFICE TRAILER I 'S0` GANGWAY FIRE STANDPIPE WATER AND FUEL REELSHOSE 10'K10' PLATFORM TWO 30' GANGWAYS BELOWPLATFORM PAVED FIRE AN PIPE _ _ 20'X50' STEEL FLOAT 24" DIA STEEL • r = = - _ _ - GUIDE PILES r (6 TOTAL) FUEL INTAKE & SURGE + TANK ON CONCRETE 2"0 FUEL 0 SLAB FOUR TRANSFER LINE. 50' GRANITE BOLLARDS MOORING �j FUEL TRUCK DOLPHIN 00 o O p d p p FERRY VESSEL FUEL PROCEDURE PLAN SCALE: 1•=30' 0 30 60 SCALE IN FEET FIGURE i DAILY CHECKLIST Nathaniel Bowditch Commuter Ferry Fueling Operations (Captain and Fuel Operator initial each box) BEFORE FUELING DURING FUELING AFTER FUELING Park on Dale Paved Shut Electricity! Cheek Close Vessel bilges Extinguish All Maintain Nozzle Wipe Split/ Avoid Ventilate if Area/Stop Flames/Heat for Vapors SmokingAccess Fittings Nozzle at Attend Fuel all. Inspect Bilges Engines and Openings Contact Report Overflows Times. Odors Found City of Salem, Massachusetts ' Fire Department 48 Lafayette Street ' Salem, Massachusetts 01970-3695 Tel. 978-744-6990 Fax 978-745-4646 ' E-mail dcody@salem.com ' Kathleen Winn Salem Planning Department ' 120 Washington Street Salem, MA 01970 Kathy, We met with Bill Walker this morning(myself, Lt Griffin and Frank Taormina) to go over the points I had outlined in last week's emails. Mr. Walker was very positive on all ' the points and committed to working with the department to see we have a problem free operation. What I would like to see incorporated in the fueling/ferry operations guide is as follows: II ' • Time of fueling,it was agreed that fueling would take place at 6AM and be completed prior to arrival of patrons. • Two systems of communications would be in service daily on board the ferry, ' VHF radio monitoring channels 13 and 16 and cell phone. • Two systems of communications would be in service daily from the Blaney street operation, hard-wired phone and cell phone. ' • Communication between the fuel oil supplier and the ferry fuel person will be by two way radio supplied by Mr. Walkers company. • Two HazMat stations one at the fuel station and one on the dock both with a ' written description of the type and amount of absorbent material on hand. • The company employed to contain and remove any residual oil in the surge tank ' and cleanup if necessary. • The date and time of employee training and that the fire department and harbormasters office be included in this training. ' • The site secured with a Knox lock and gate, • Written procedures for all hazards planning and listing of current emergency contacts to be kept on site with additional copies supplied to Emergency ' Management Office, Fire Department and Harbormasters Office. ' • Responsible party named for the annual testing and maintenance of pier and piping (oil and fire protection). • Due to the fact that this lot will not be paved a schedule and responsible party for the upkeep and repair of access roadway. • Extend planned paving so delivery driver will be on clean flat surface along with ' his vehicle. This will also aid in the loading of medical patients if needed. Bollards will be placed for the protection of the surge tank from vehicular traffic. (Show on plans not in guidelines) Sincerely, David W.Cody Chief of Department ' Cc; Frank Taormina (e-mail) Lt Griffin (e-mail) David Vine (e-mail) 1 CITY OF SALEM i DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBERI.EY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETIS 01970 TE E:978-745-9595 0 FAX:978-740-0404 LYNN GOONIN DuNcAN,AICP DIRECTOR May 22,2006 Kevin Cornacchio, Chairman Salem Conservation Commission City Hall Annex 120 Washington Street Salem, Massachusetts 01970 RE: Notice of Project Change—Salem Interim Ferry Pier—DEP #64-400 Dear Mr. Cornacchio and Commission Members: Pursuant condition #15 of the Order of Conditions, I am writing to inform you about a project change to the above referenced, previously approved project. The Salem Interim Ferry Pier originally did not include any landside work, only the installation of floats and ramps to be affixed to the existing bulkhead wall at the end of the Blaney Street landing extending approximately 250' into Salem Harbor. It has come to our attention that the City will need to provide a walkway that meets ADA requirements to provide a temporary accessway from Blaney Street to the future interim ferry pier. The walkway will be constructed with a 3" base of crushed stone and topped with 1" of compacted stone dust and locate from the end of Blaney Street property and continues approximately 575' along the Dominion property to the existing paved handicap parking spaces at the end of the landing (refer to attached location map). The crusted stone and stone dust material used will be stockpiled at least 100-feet away from the coastal bank and covered at the end of each working day. Although some of the work will occur within the buffer zone to a coastal bank,it is my sincere hope that you will find this to be a non-substantial change that does not require an amendment or the filing of a Notice of Intent. Sincerel F an Tao ' a anner /Harbor Coordinator Cc: DEP-Northeast Regional Office Massachusetts Department of Environmental Protection I u(eaa of-R&source Protection - Wetlands DEP File Number: WPk Form 5 — Order of Conditions #64-400 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information IIIIIIIIIIIIIIIII�II�I�IIIIII�IIIIII��IIIIIIII Important: saiem 2007052400379 B05865 Pg,364 When fillip 06/24/2007 14:01:00 OTHER Pe 1115 J g From: 14k1.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 Lynn Duncan Oity Qf Salem, MA use the return a. First Name b.Last Name a Co' pany key. 120 Washington Street d. Mailing Address ae Salem Ma 01970 e. City/Town I.State g.Zip Code arw 4. Property Owner (if different from applicant): Dominion Energy Salem Harbor a.First Name b.Last Name c.Company 24 Fort Avenue -d.Mailing_Address _ Salem 0 Ma - 01970 e.City/Town f.gate g.Zip Code 5. Project Location: Salem Harbor off Blaney Street Salem a.Street Address b.Citylrown Map 41 Lot 0278 c.Assessors Map/Plat Number- - d. Parcel/Lot Number Latitude and Longitude, if known (note: 42 31'33 70 52' 33" electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 17186 205 c.Book d. Page 7/1/05 5/14/07 5/22/07 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Site Plan, Salem Ferry Pier Section A-D a. Plan Title �- Vine Associates, Inc. David B. Vine b. Prepared By c.Signed and Stamped by - June 2005 d. Final Revision Date e.Scale Utility Installations Salem Ferry Pier Salem MA March 2007 f.Additional Plan or Document Title g. Date mraform5.doc• rev.3/1/05 - - Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of`.Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-400 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 Page 7 of this form 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: Salem Harbor off Blaney Street #64-400 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 w aforra5.doc• rev.3/V05 Page 9 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-400 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 Page 7 of this form 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 I Please be advised that the Order of Conditions for the Project at: Salem Harbor off Blaney Street #64-400 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 prope I Book Page In accordance wi h the Order of Conditions issued on: � g t1 r� Date If recorded land, the instrument number identifying this transaction is: Instrument Nurhber If registered land, the document number identifying this transaction is: Document Number Signature of Applicant w aform5.6oc• rev.T1105 Page 9 of 9 DECEIVE® FORT POINT ASSOCIATES, INC. 286 Congress Street JUL 1 12005 6th Floor DEPT.OF PLANNING& Boston, Massachusetts 02210 COMMUNITY DEVELOPMENT 617/357-7044 FAX 617/357-9135 July 1, 2005 Mr. Kevin P. Cornacchio, Chairman Salem Conservation Commission Salem City Hall 120 Washington Street Salem, MA 01.970 Attn: Frank Taormina SUBJECT: Salem Ferry Pier— DEP Transmittal No. W 065037 Blaney Street, Salem, MA Dear Mr. Cornacchio, Enclosed please find one original and eight copies of the Notice of Intent (NOD submitted on behalf of the City of Salem to install a passenger ferry and excursion vessel berthing facility in Salem Harbor off Blaney Street. The City has received state Seaport Council Funding to design, permit and install the facility. The work is expected to commence in July and be completed by October of this year. The proposed facility includes the installation of ramps, platforms, new and existing floats and pilings in the same location as a previously permitted temporary commuter ferry demonstration project which operated from the site in 1998. The proposed project will be an interim facility that will operate for the next three to five years until it is replaced by the future New Salem Wharf project which is described in the City's Municipal Harbor Plan. The entire facility is located in Salem Harbor and no upland activities are proposed. Activities are proposed within Land Under Ocean and the entire facility is located in Land Subject to Coastal Storm Flowage (a velocity zone). The placement of piles to support the facility will affect 31 square feet of Land Under Ocean. July 1, 2005 Salem Ferry Pier NOI Page 2 Should you have any questions or concerns regarding this matter, please contact meat (617) 357- 7044 ext. 201. Sincerely, Susan St. Pierre Senior Associates Enclosures: 7 copies of NOI Application Package cc: R. Longley, Department of Planning and Community Development D. Vine,Vine Associates J. Fay, Fort Point Associates, Inc. (w/o attachments) Mass. Division of Marine Fisheries File FORT POINT ASSOCIATES, INC. 286 Congress Street—6th Floor • Boston, Massachusetts 02210 • 617/357-7044 FORT POINT ASSOCIATES, INC. 286 Congress Street 6th Floor Boston, Massachusetts 02210 617/357-7044 FAX 617/357-9135 July 18,2005 Mr. Kevin P. Cornacchio, Chairman Salem Conservation Commission Salem City Hall Annex 120 Washington Street, 3rd Floor Salem, MA 01970 Attn: Frank Taormina SUBJECT: Salem Ferry Pier- DEP File # 064-0400 Blaney Street, Salem, MA Dear Mr. Cornacchio, As discussed at the public hearing and in our Notice of Intent filing for the above-referenced project, an existing floating dock system (including two steel piles) currently located at Central Wharf in Salem will be moved and incorporated into the proposed Salem Ferry Pier at Blaney Street. I wanted to clarify that the two steel piles which will be removed by pulling are located in Land Under Ocean resource area. A silt curtain will be deployed while the piles are being pulled to contain any sediment that may result. The removal and relocation of the Central Wharf floating dock system will be coordinated with Colleen Bruce of the National Park Service. Should you have any questions or concerns regarding this matter, please contact me at (617) 357- 7044 ext. 201. Sincerely, Susan St. Pierre Senior Associates cc: R. Longley, Department of Planning and Community Development D. Vine, Vine Associates Colleen Bruce, National Park Service