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64-466 - SOUTH RIVER HARBORWALK - CONSERVATION COMMISSION $owl_�ive.r���.�� � � .,._ i 1 CITY OF SALEM CONSERVATION COMMISSION CONFIRMATION OF HAND DELIVERY Document: DEP #64-466,South River Harborwalk Certificate of Compliance Recipient: Frank Taormina, City of Salem Signature: �_�� Date: S i3 ZO)/ 9 CITY OF SALEM Y . CONSERVATION ON COMMISSION May 13, 2011 F rank'Caormina City of Salem 120 Washington St. Salem,MA 01970 Re: Certificate of Compliance—DEP #64-466—South River Harborwalk Dear Mr. Taormina: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Please fill out and return the Recording Information on page 3 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, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 86 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-a6s Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use City of Salem and National Grid only the tab key Name to move your 120 Washington St./25 Research Dr ruruse the returndo Mailing Address use the return key. Salem/Westborough MA 01970/0158 City/Town State 2 °° 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: City of Salem and National Grid (Mass Electric Co.) Name 9/17/2007 extended on 9/9/2010 64-466 Dated DEP File Number 3. The project site is located at: South River(congress Derby Peabody St.) Salem Street Address City/Town 34 435, 436, 444 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: City of Salem and National Grid (Mass Electric Co.) Property Owner(if different) Essex 29141 458 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 5/10/2011 Date wpafrm8b'doc-rev_17R9,Ua WPA Fonn Be,Cerlificate of Compliance•Page 1 cf 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-466 Provided by DEP 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: ❑ 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 (� Cons ation Commission Date of Iss nce Thi Certificate must a signed by a majority of the Conservation Commission and a cop sent to the appp icant and appropriate DEP Regional Office(See htt : www.mass. 6v/de /about/re ion/find our.htm). Signal s: . `..1_ i i wrakmWdoc•rev.IMM9 WPA Fam 88,Certificate of CmPlian •Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sass Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To-- ----- ------------------------------------------------------------------------- ---------------- Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: A 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 wpafrm8b.Ea•rev.1723109 wPA Form 88.Certificate of Compliance•Page 3 of 3 L Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 2001911211410031109 BIkIIIZl91114111111g11458 12/14/2009 11:44 PMD Pe 1/16 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 City of Salem use the return a.First Name b.Last Name c.Company key. 93 Washington Street d. MAi dress ° Salem MA 01970 e.Cityrrown I.State g.Zip Code 4. Property Owner (if different from applicant): City of Salem and Mass. Electric b.Last Name c.Company 93 Washington St& 25 Research Dr d. Mailing Address Salem and Westborough MA 01970 & 01582 e.City/Town f.State g.Zip Code 5. Project Location: South River between Congress, Derby & Salem Peabody St b.City/Town 34 0436, 0435, 0444 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: N 42 31'09" 70 53'27" 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) 23049 (Mass.Electric)6667 3282 (City of Salem) 93 (Mass Electric)/424 381 (City of Salem) c.Book d.Page 7. Dates: July 12 2007 December 10, 2009 December 11, 2009 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): Salem Harborwalk Derby Street to Congress Street a.Plan Title Vine Associates David Vine b. Prepared By c.Signed and Stamped by July 13 2007 1"=20' d. Final Revision Date e.Scale Proposed Steel Sheeting/Batter Pile Plan (Figure 1) and Proposed Steel Oct 2009 Sheeting/Batter Pile Section (Figure 2) g.Date wpafor 5.dac• 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 64-466 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. Z 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) 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.linearfeet b.linearfeet c.linear(feet J. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet J.square feet 6. ❑ Land Under W aterbodies 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.311105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 i 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 It within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g,square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean 232 232 a.square feet b.square feet G.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 Misc. repairs Misc. repairs to seawall to seawall 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 11,225 11,225 Storm Flowage a.square feet b.square feet wpaform5.doc rev.311105 Page 3 of 9 Massachusetts Department of Environmental Protection 1� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 64-466 " wpaform5.da, rev.311106 Page 4 d 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 1 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 space for additional conditions, select box to attach a text document wpaform5.dac- rev.311105 Page 5 of 9 Massachusetts Department of Environmental.Protection Bureau of Resource Protection - Wetlands oEP File Number: WPA Form 5 - Order of Conditions 64-466 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 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, 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 conditions, - select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document wpaforrr5Aac• rev.311105 Page 6 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 " f Z001 condition pursuant to General Conditions.#4, from the date of issuance. 1. Date of Is uance Please indicate the number of members who will sign this form: Co This Order must be signed by a majority of the Conservation Commission. 2.Numbe 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 applica Signat es: �, y. Zo/ Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 10 of December 2009 Day Month Year Before me, the undersigned Notary Public, R. Christie, M. Blier, A. Hamilton, C. McCauley, personally appeared J. Knisel, D. Ricciarelli 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/Town {'y}� CAREY R.OUOUES n A`�` NAP /// . caanaxwEux 9 wpeawnns 0 My cortmNsam EON Aupuel td 2013 Signature o Notary Public Carey R. Duques Printed Name of Notary Public August 16 Place notary seal and/or any stamp above My Commisssioonn Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date wpafarm5.doc• rev.311105 Page of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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. wpaform5.doc• rev.311105 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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: South River between Congress, Derby and 64-466 Peabody Streets DEP File Number Has been recorded at the Registry of Deeds of: S County Book ` Page for: Property Owner and has been noted in the chain of title of the affected property in: I Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpa(orm5.doc• rev.311105 Page 9 of 9 Attachment to Amended Order of Conditions # 64-466 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-466 South River Harborwalk City of Salem,Massachusetts AMENDED ORDER OF CONDITIONS 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 development of a 10 foot clear width, 1,000 foot long concrete pedestrian walkway and associated landscaping along the south and west sides of the South River. The permitted harborwalk will be constructed along the top of the existing seawall. The section of the harborwalk adjacent to MassElectric's property (approx 215 feet long) will be located on fourteen(14), 12 inch diameter steel, concrete filled piles, over the South River, resulting in 11 square feet of impact from the piles. The harbor-walk begins at grade along Derby Street, transitions to an above grade structure along a portion of the City and Mass Electric properties and terminates in a sloped, elevated, precast concrete walkway section reaching grade at the Congress Street bridge sidewalk. This order also permits minor seawall repairs which include the chinking of stones into voids located in seawall. The order permits the installation of a new steel sheet pile wall along the South River in Salem. The sheetpile wall will be located approximately 1 %a feet outboard of the existing wall, resulting in 219 square feet of impact to the land under the ocean. The amendment includes that the wall will be supported by eleven (11) HP 14 X 89 steel piles spaced at approximately 9 foot on center placed seaward of the steel sheetpile wall. The piles will be driven at a 8:1 slope (8 vertical to 1 horizontal) that will be located approximately 2-3 feet seaward of the sheetpile wall. The piles will occupy approximately 2.0 square feet of impact at the mudline. The mudline elevation ranges from -1.0 to +3.5 mean low water datum. The top of the batter piles will be connected to the top of the proposed steel sheetpile wall and be encased within a slightly larger concrete cap. The Conservation Commission issued this Order of Conditions with the following special conditions: the existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site; a perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns; armoring in front of the elevated walkway on the landward side shall be completed using material such as granite blocks to protect the walkway from damage; a trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated(big belly) trash receptacles along the harborwalk; and if harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 6 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. Attachment to Amended Order of Conditions H 64-466 Page 2of 6 2. Approval of this application do's not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 4' Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem G e 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#64-466, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40, the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. Attachment to Amended Order of Conditions N 64-466 Page 3of 6 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Salern Harborwalk Derby Street to Congress Street (Title) July 13, 2007 (Dated) David B. Vine (Signed and Stamped by) City of Salem Conservation Commission (On file with) Proposed Steel Sheeting/Batter Pile Plan (Figure 1) and Proposed Steel Sheeting/Batter Pile Section (Figure 2) (Title) October 2009 (Dated) Vine Associates (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. PRIOR TO CONSTRUCTION 17. 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. Attachment to Amended Order of Conditions N 64-466 Page 4of 6 18. 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. 19. 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. EROSION CONTROL 20. 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. 21. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. 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. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. 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. 25. 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. 26. If soils are to be disturbed.for longer that two (2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27. 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. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. 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. 30. 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. Attachment to Amended Order of Conditions # 64-466 Page 5of 6 31. 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. 32. 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. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 36. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 37. 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; 38. 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. 39. 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. 40. 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. Attachment to Amended Order of Conditions # 64-466 Page 6of 6 ADDITIONAL CONDITIONS 41. Existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site. 42. A perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns. 43. Armoring shall be installed in front of the elevated walkway on the landward side using material such as granite blocks to protect the walkway from damage. 44. A trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated(big belly)trash receptacles along the harborwalk. 45. If the harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. 2 m CONCRETE PLUG - EXTEND EEISTNG *IV omP PPE N4 x NLw L�PPaox. OPENNO CULVERT PFWE GOF CULVERT PROPOSED n-v SOUTH RIVER ' sm sEEmRG - COATED I _ �APPROX YUI EXLSONC Sim SNEERNO _ CONCRETE PEE OW �1^Tcc• NOTES: EDSTOIC OMAN LNc PENCE TO BE NflgVED 1. TOTAL IMPACT = t2.0 S.F. 3T}' . I PROPOSED E'W EOE190l1 a CONCRETE twRCEa I EDSTW EDGE OF PRE W I T4oGii (i1J We 1� E Om mu SOPE - m�7-0'oa I OWING RE W TO BE I PNRNLLY REMOVED CONCRETE P= II PARTIAL PLAN - PROPOSED SHEET PILE/BATTER PILE WALL- STA. 1 +05 TO 2+10 SCAM: 1'=10• PROPOSED STEEL SHEETING/ BATTER PILE PLAN 0 10 20 SALEM HARBORWALK DERBY STREET TO CONGRESS STREET SALEM, MASSACHUSETTS SCALE IN FEET OCT. 2009 FIGURE 1 ' NNE ASSOCIATES INC. N£WHURIPORT, MASSACHUSETTS NEW 4' HIGH RNU G 112'—S• MWE EGmTiHG CHAFFFTR FENCE 10' ['IN" N Bu6 y STEEL RATE Iz•O. ]i_ . a•vvE%UI My EMEND CONCRETE Comm (14) /S DEEI yy REIIOIEO 01 51A13 G'H1. REEFLRCEO CONCRETE 5U9 xa 5 • IV- EM tao yR AR16 0.5% SLOPE CAP CONCRETE 15• 4•-5. OF I z' *.CHAMFERED µ SfN11P5 CRUSHED SRFE EI'010'GROUTED EDGE ]'-1o' Ir IK Ir O.C. COMPACTED SDSGRADE IV ENS (2) 15 OOREU• ]' O.C. — W V EDIT mm ROTA EIQSTRIG AND YlAY-R.9 v PROPOSED PCE CAP E%hTR1G STEM S/EEW TO RflEMT e NDE STEEL SxEETwG — COATED CRU9ED STONE FEU NP1 11 116 R'FFPIgIE — CUf ]' (ttL 8F M1C0 SQUARE KID SSP O 10' O.C. —FIELD REW — COATED EL VARIES 4'AOME EIISIM GRACE G 4 8 SCALE IN FEET PROPOSED STEEL SHEETING/ BATTER PILE SECTION IP FlEV.--]e TIP EIEV.--M SALEM HARBORWALK DERBY STREET TO CONGRESS STREET PROPOSED STEEL SHEETINGIBATTER PILE SECTION SALEM, MASSACHUSETTS SCALE: )'=a' OCT. 2009 FIGURE 2 ' VINE ASSOCIATES, INC. NEWHUR)PORT, MASSACHUSE77S � Fn�incrring III ine October 20,2009 ASSOCIATES, Ms.Carey Duques, Conservation Agent Department of Planning and Community Development City of Salem 120 Washington Street Salem,MA. 01970 Re: Amendment Request—Order of Conditions (DEP No. 64-466) Salem Harbormalk Project Salem,MA Dear Ms. Duques, On behalf of the City of Salem, Vine Associates, Inc. (VAI) is requesting an amendment request to the existing Order of Conditions to address the change in anchoring of the proposed steel sheetpile bulkhead at the western end of South River. The originally proposed helical anchors were to provide the lateral tie-back anchorage for the steel sheetpile wall at the western end of the South River. The Contractor has experienced difficulty in driving these anchors with penetration depths not able to meet the required 40 foot depths proposed to reach the anticipated load capacity per anchor. The inability for the helical anchors to penetrate the subsurface area behind the existing wall appears to be a result of encountering stones in excess of 12 inches in diameter. This unforeseen soil condition encountered during the helical anchor installation work prompted NSM to halt installation operations and consult with the Engineer(Vine Associates) regarding alternate anchoring of the sheeting. VAI considered several alternates and have ultimately chosen to use steel batter piles. We are proposing to install eleven (11) HP 14x89 steel piles seaward of the steel sheetpile wall. The piles will be spaced at approximately 9 foot on center and driven at a 8:1 slope (8 vertical to 1 horizontal) that will be located approximately 2-3 feet seaward of the sheetpile wall. The piles will occupy approximately 2.0 square feet of impact at the mudline. The mudline elevation ranges from -1.0 to +3.5 mean low water datum. The top of the steel batter piles will be connected to the top of the proposed steel sheetpile wall and be encased within a slightly larger concrete cap as shown on the attached drawings. Amendment Request Salem Harborwalk Project, Salem,MA Page-2 Based on our conversation, it is our understanding the City will notify the abutters and file the legal advertisement for this amendment request. We further understand that amendment request will be on the Conservation Commission's meeting agenda scheduled for November 12, 2009 with a time yet to be determined. Please let me know if you need any further information. If you have any questions,please do not hesitate to contact our office. Sincerely, VINE ASSOCIATES,INC. l David A.Smith Project Manager Attachments IMl CIX1OiElE PLllG ' EXTEND EXtSnNO :u' ovmP PIPE APPROX. NLw APPROX. OPENRIG CULVERT FRNWE . OF CULVERT (313'-G7 PROPOSED P!-n SOUTH RIVER -, STEEL SNEETNG - US — COME° APPROX. WIN I I EXISTING STEEL SNEERNG rnNCREME PLE W NOTES EXISTING C N UNX FENCE MD BE REYWED 1. TOTAL IMPACT = t2.0 S.F. 315' PROPOSED tz'-e• E%TT9011 OF wNCREMe rwucwAr I EXISIOIG EDGE OF PLE GAP I PROPosFfy (11) Rv 1X� 9A7MFN - 1O SLOPE -Cd1ID•W-D•Oc. I O EXMNG PlE CAP MD BE PAFTULLr REN CONCRETE PWG II PARTIAL PLAN - PROPOSED SHEET PILE/BATTER PILE WALL- STA. 1 +05 TO 2+10 SCALE: 1*=10' PROPOSED STEEL SHEETING/ BATTER PILE PLAN 0 10 20 SALEM HARBORWALK DERBY STREET TO CONGRESS STREET SALEM, MASSACHUSETTS SCALE IN FEET OCT. 2009 FIGURE 1 VINE ASSOCIA7ES INC. NEWBURYPORT, MASSACHUSETTS i w , NEW 4• HM MUM I312'—I• — REMOVE Ea611N0 CHA/NLOIK FF]KE I 10• $ max h o s1m PLATE 12.O.G 223' WMKWAY CONCRETE (14) /3 EVItS 3—`• ExEN90NIIALL PA WroY RFLOVEO IN 5. _ eTi. RO)WORCEO rc oo �ie S1AR xe. I o 10• m 0.5% SLOPE V 1Li _ LARM CONCRETE r • CAP 3. 2' 3E•C11AMiERED C 3• mlvs m CRUST® SR2NE t me EDGE 3._10• C M. 12.O.C. WIWACRD SUBGRAOE ?; 1s' wx (2) /e DOWEL o 3' O.C. — VON. 1' ELBEDI@Al b a} INTO BOTH PILE Mil PILE 2 `.. PROPOSED CAP MNN—E.9 w j, i' Ela51MO STEEL SNEEIRC TO REMIM B CSC SHEE7NO t: S CRUSHED SIOHE RLL PImPOSED 11 (*A SF PILES .. P1g1F _ CUi 3- e SF MVC7) Af. SOUARE ORo SSP 0 10' O.C. — MELD REHVi — C6m EL VARIES — 4•ABOVE EKIS'RNO GRADE RAGE fiy`';.. 0 48 NEC y VnMlm SCALE IN FEET PROPOSED STEEL SHEETING/ BATTER PILE SECTION TIP ELEX-35 SALEM HARBORWALK DERBY STREET TO CONGRESS STREET PROPOSED STEEL SHEETING/BATTER PILE SECTION SALEM, MASSACHUSETTS SCALE: i'=a' OCT. 2009 FIGURE 2 NNE ASSOCIATES, INC. NEWBURYPORT• MASSACHUSETTS • Attachment to Order of Conditions # 64-466 Page 1 of 5 SALEM CONSERVATION COMMISSION DEP FILE #64-466 South River Harborwalk City of Salem, Massachusetts REVISED NOV. 2009 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 development of a 10 foot clear width, 1,000 foot long concrete pedestrian walkway and associated landscaping along the south and west sides of the South River. The permitted harborwalk will be constructed along the top of the existing seawall. The section of the harborwalk adjacent to MassElectric's property (approx 215 feet long)will be located on 14, 12 inch diameter steel,concrete filled piles,over the South River. The harborwalk begins at grade along Derby Street, transitions to an above grade structure along a portion of the City and Mass Electric properties and terminates in a sloped, elevated, precast concrete walkway section reaching grade at the Congress Street bridge sidewalk. This order also permits minor seawall repairs which include the chinking of stones into voids located in seawall. The order permits the installation of a new steel sheet pile wall along the South River in Salem. The sheet pile wall will be located approximately 1 '/z feet outboard of the existing wall,and will be supported by eleven(1 1)IN 14x89,steel piles spaced at approximately 9 foot on center placed seaward of the steel sheetpile wall: The piles,will be driven at a 8:1 slope(8 vertical to I horizontal)that will be located approximately 2-3 feet seaward of the sheetpile wall. The piles will occupy approximately 2.0 square feet of impact at the mudline The mudline elevation ranges from-1.0 to+3.5 mean low water datum. The top of the batter piles will be connected to the-top of the.proposed steel sheetpile wall and be,encased within a slightly larger concrete cap. tie into the existing wall and will eentain gr-ave' filled between the two ..._" The Conservation Commission issued this Order of Conditions with the following special conditions: the existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site;a perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns; armoring in front of the elevated walkway on the landward side shall be completed using material such as granite blocks to protect the walkway from damage; a trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated (big belly) trash receptacles along the harborwalk; and if harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. i` CITY OF SALEM CONSERVATION COMMISSION December 11, 2009 Frank Taormina City of Salem 120 Washington Street Salem, MA 01970 Re: Amended Order of Conditions—DEP #64-466 Harborwalk along South River, Salem,Massachusetts Dear Mr. Taormina: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of December 28, 2009), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. If you have any further questions,please feel free to contact me 978-619-5685. Sincerely, Carey uques Conservation A rntlaff Planner Enclosures CC: DEP Northeast Regional Office f ' Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When fillip From: 9 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 City of Salem use the return a. First Name b.Last Name c.Company key. 93 Washington Street J. Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code re� 4. Property Owner(if different from applicant): City of Salem and Mass. Electric b. Last Name c.Company 93 Washington St &25 Research Dr d. Mailing Address Salem and Westborough MA 01970 & 01582 e. CityrTown I.State g.Zip Code 5. Project Location: South River between Congress, Derby& Salem Peabody St b.City/Town 34 0436, 0435, 0444 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: N 42 31'09" 70 53'27" 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) 23049 (Mass.Electric)6667, 3282 (City of Salem) 93 (Mass Electric)/424, 381 (City of Salem) c. Book d. Page 7. Dates: July 12, 2007 December 10, 2009 December 11, 2009 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): Salem Harborwalk Derby Street to Congress Street a.Plan Title Vine Associates David Vine b. Prepared By c.Signed and Stamped by July 13, 2007 1"=20' d. Final Revision Date e.Scale Proposed Steel Sheeting/Batter Pile Plan (Figure 1) and Proposed Steel Oct 2009 Sheeting/Batter Pile Section (Figure 2) g. Date wpaform5.doc• rev.311/05 Pagel cf e Massachusetts Department of Environmental Protection �— DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 In. ® 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) 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 wpalorm5.aoc• rev.311/05 Page 2 of 9 Massachusetts Department of Environmental Protection ice^ Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 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. ❑ RlVerfront 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 ft square feet h.square feet i.square feet 9 q q q 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 232 232 a.square feet b,square feet 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.cly nourishmt. d.cly nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.cly nourishmt. d.ay nourishmt 15. ® Coastal Banks Misc. repairs Misc. repairs to seawall to seawall 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 r c.cu.yd dredged d.cu.yd dredged 18. ❑ 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 11,225 11,225 Storm Flowage a.square feet b.square feet wpalorm5.doc• rev.31V05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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'7 "File Number 64-466 vvpaform5ooc• rev.311105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 space for additional conditions, select box to attach a text document 21 wpalorm5.doc• rev.311105 Page 5 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 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. If you need more g P c. The special conditions relating to municipal ordinance or law are as follows: space for p Y 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 r wpaform5.doC• rev.lf/05 Page 6 ol9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 2009 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Is uance Please indicate the number of members who will sign this form: (v This Order must be signed by a majority of the Conservation Commission. 2.Numbs 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 applica , Signal es: . l i Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 10 of December 2009 Day Month Year Before me, the undersigned Notary Public, R. Christie, M. Blier, A. Hamilton, C. McCauley, personally appeared J. Knisel, D. Ricciarelli 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 Cityfrown CAREY R.L)UCUES UlfEvihis oowartwew�it eMy 10.1 rn d1 Signature o Notary Public Carey R. Duques 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 `i�.c� I ?U Date Date vvpaform5 Gor rev.3/1105 Page 7 of 9 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions s4-4ss 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. r 9 9P 9 wP aform5.tloc• rev.311105 Page B of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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: South River between Congress, Derby and 64-466 Peabody Streets 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 wpalorm5.doc• rev.3I1I05 Page 9 of 9 Attachment to Amended Order of Conditions # 64-466 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE f164-466 South River Harborwalk City of Salem,Massachusetts AMENDED ORDER OF CONDITIONS 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 development of a 10 foot clear width, 1,000 foot long concrete pedestrian walkway and associated landscaping along the south and west sides of the South River. The permitted harborwalk will be constructed along the top of the existing seawall. The section of the harborwalk adjacent to MassElectric's property (approx 215 feet long) will be located on fourteen (14), 12 inch diameter steel, concrete filled piles, over the South River, resulting in 11 square feet of impact from the piles. The harborwalk begins at grade along Derby Street, transitions to an above grade structure along a portion of the City and Mass Electric properties and terminates in a sloped, elevated, precast concrete walkway section reaching grade at the Congress Street bridge sidewalk. This order also permits minor seawall repairs which include the chinking of stones into voids located in seawall. The order permits the installation of a new steel sheet pile wall along the South River in Salem. The sheetpile wall will be located approximately 1 % feet outboard of the existing wall, resulting in 219 square feet of impact to the land under the ocean. The amendment includes that the wall will be supported by eleven (11) HP 14 X 89 steel piles spaced at approximately 9 foot on center placed seaward of the steel sheetpile wall. The piles will be driven at a 8:1 slope(8 vertical to I horizontal) that will be located approximately 2-3 feet seaward of the sheetpile wall. The piles will occupy approximately 2.0 square feet of impact at the mudline. The mudline elevation ranges from -1.0 to +3.5 mean low water datum. The top of the batter piles will be connected to the top of the proposed steel sheetpile wall and be encased within a slightly larger concrete cap. The Conservation Commission issued this Order of Conditions with the following special conditions: the existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site; a perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns; armoring in front of the elevated walkway on the landward side shall be completed using material such as granite blocks to protect the walkway from damage; a trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated(big belly) trash receptacles along the harborwalk; and if harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety (all 6 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. Attachment to Amended Order of Conditions Y 64-466 Page 2of 6 2. Approval of this application d' 's not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 4 Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem C e 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#64-466, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant' as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of.Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. Attachment to Amended Order of Conditions # 64-466 Page 3of 6 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Salem Harborwalk Derby Street to Congress Street (Title) July 13, 2007 (Dated) David B. Vine (Signed and Stamped by) City of Salem Conservation Commission (On file with) Proposed Steel Sheeting/Batter Pile Plan (Figure 1) and Proposed Steel Sheeting/Batter Pile Section (Figure 2) (Title) October 2009 (Dated) Vine Associates (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 Chance 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. PRIOR TO CONSTRUCTION 17. 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. Attachment to Amended Order of Conditions H 64-466 Page 4of 6 18. 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. 19. 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. EROSION CONTROL 20. 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. 21. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. 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. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. 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. 25. 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. 26. If soils are to be disturbed for longer that two (2)months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27. 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. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. 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. 30. 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. Attachment to Amended Order of Conditions# 64-466 Page 5of 6 31. 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. 32. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stonmwater before it enters the drainage system. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 37. 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; 38. 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. 39. 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. 40. 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. Attachment to Amended Order of Conditions # 64-466 Page 6of 6 ADDITIONAL CONDITIONS 41. Existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site. 42. A perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns. 43. Armoring shall be installed in front of the elevated walkway on the landward side using material such as granite blocks to protect the walkway from damage. 44. A trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated(big belly)trash receptacles along the harborwalk. 45. If the harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. r Z m CONCRM PLUG - oTM Dostm *14' WW1 PPE - n �APPROX �. L' OFD� F� GOF�wrt I On -- SOUTH RIVER Cahn AFPFAX EIO W s1Fn aQTMc CORC13lE PLE W NOTES. oosnm uwR I sac O m 1. TOTAL IMPACT = t2.0 S.F. I I PRCPCan *2•-W w DSM of camcitm M y I Easn w Ew:E OF PEE W I MPO®(11)IP 1� MUM - is am -mam s w-W or. I omm PRE W 10 a I PARPV Y RIMMED CORCRM P= II PARTIAL PLAN - PROPOSED SHEET PILE/BATTER PILE WALL STA. 1 +05 TO 2+10 SCALE: 1'=10' PROPOSED STEEL SHEETING/ BATTER PILE PLAN 0 10 20 SALEM HARBORWALK DERBY STREET TO CONGRESS STREET SALEM, MASSACHUSETTS SCALE IN FEET OCT. 2009 FIG URE 1 NNE ASSOClA7E5 WNC. N£NBURYPORT, MASSACHUSETTS NEXT♦' HIGH PALM I - ROME EXISTENT C WUM FENCE 1 10' u•meal M RN6• WEn PLATE 12'O.C. *24' WEB Y EXISTING;CONCRETE (14) M SEARS Yi• EXTENSION PI NiroT RE10Vm N SNP W'mN. ROWOKM CONCRETE SII6 7 Nw S • 10• atoll"" OS WIFE CONCRETE I PM S. ♦•-W OE e• 1 16•tlWiEIWD S' µ SIMPS cnm WOIE 1•�-i +• FPOIft fAWRI EDR S'_IO' 0' WIFK'IED 516CA/OE 13'LLVI (2) /B 0aE3•J O.C. ' - MIN. I' N6DIOB INTO BOTH EXISTING ND PROPOSED HE W EXISTING STFEE SHEETING TO REWN s NEW A STEEL 9SHEETINGC _COATED CADWED S1aE Fli MP 14,n t1 qa Nf.P1tl1F- CUf l• (tE0 SF IMPACT) SQUARE INTO SST • 10'O.C. - WEND RE8N1 - COATED EL MOMS 4'IBWE EXf6MC °. GRACE MADE 0 4 8 SCALE IN FEET PROPOSED STEEL SHEETING/ BATTER PILE SECTION TN EEEV.--x BP ELM--11 SALEM HARBORWALK DERBY STREET TO CONGRESS STREET PROPOSED STEEL SHEETING/BATTER PILE SECTION SALEM, MASSACHUSETTS SCALE: 1-'4' OCT. 2009 FIGURE 2 NNE ASSOCIATES. INC NEASURYPORT, MASSACHUSETTS �cONDIrt t0 - CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND nnsd COMMUNITY DEVELOPMENT KIMBERLRY DRIscm.L MAYOR 120 WASHINGTON STREET ♦ SALEM,MAs.SACHus= 01970 TELE:978-619-5685 0 FAX:978-740-0404 LYNN GOONIN DUNCAN,AICP DIRECTOR December 22, 2009 Steven R. Towle, MBA Real Estate Energy Delivery Support National Grid 40 Sylvan Road Waltham, Massachusetts 02541-1120 Re. Request for Approval—Additional Rork and Minor Excavation on Massachusetts Electric Company Property(db.a National Grid) Dear Mr. wle, 9euE/ Pursuant to our recent phone conversation,attached please find engineering plans and details of the minor additional work on Massachusetts Electric Company (NGRID) property associated _ with the construction of the South River Harborwalk in Salem,MA. In summary,the City of Salem is requesting approval of 60 square feet of additional concrete to be poured on NGRID property to directly abut the existing brick walkway and landscaping bed (on land owned by NGRID but leased to Beverly Cooperative Bank), of which, 46 square feet of work will require some minor excavation(8-12 inches) while the remaining 14 square feet will be constructed above grade with no excavation required. Additionally, we request that the top 8- 16 inches of a recently observed buried seawall running along the edge of the shared property line be excavated to better accommodate the forming of the concrete slab for the Harborwalk in that particular area. Any excavated material from NGRID property will be used for fill within in the build-up portion of the Harborwalk, as detailed in the attached engineered plans and memo. As referenced above, this additional work and minor excavation on NGRID property is on land leased to Beverly Cooperative Bank. The Bank has concerns that our minor work may compromise their existing Lease Agreement with NGRID. The City respectfully requests that written approval be forwarded to William Howard, President of Beverly Cooperative Bank, with a copy to the City, specifically addressing his concerns regarding the City's additional work and any potential impacts to their Lease Agreement. _ The City asks that this matter be reviewed as expeditiously as possible, so that it can be resolved and our Contractors can begin work in this area as scheduled. Thank you. Sincerely, � N uN>rw�---� F Taormi a Planner/Harbor Coordinator Cc: Lynn Duncan, Director William Howard, President, Beverly Cooperative Bank -2- f . t Vine 372 Merrimac Street Phone: (978)465-1428 ASSOCIATES, INC. Newburyport, MA 01950 Fax:(978)465-2640 Memorandum To: Frank Taormina, City of Salem From: David Smith, Project Manager Date: December 16, 2009 Re: Minor Excavation on Massachusetts Electric Co. Property - Salem Harborwalk As you are aware, the portion of the at-grade concrete slab of the Harborwalk from approximately Station 0+31 to Station 2+00 will be constructed as per the original approved design drawings(see attachment A- cross-section) with the top of the concrete slab being constructed at the same approximate elevation of the existing stone dust path. It is necessary to have the Harborwalk slab constructed at-grade to match with the adjacent landscaping and sidewalks. This portion of work is being performed on City- owned land. The area from approximately Station 2+00 to Station 2+12 was originally designed to be constructed similar to the portion of Harborwalk stated above (8 inch thick slab with 12 inch deep edge haunch on each side), however upon closer review of the approximate 12 lineal foot portion of the angled walkway slab, approximately 60 square foot of this walkway will be constructed on Massachusetts Electric Co.,(MEC)property. We are therefore proposing to construct the slab at grade 4 inches thick on a base of approximately 4-6 inches of crushed stone. Forty six(46) square foot of the 60 square foot portion of the walkway slab (see attachment B - plan showing hatched area of walkway within MEC property limits) will be constructed in that manner. The remaining 14 square foot on MEC property will be constructed above existing grade with no excavation required as this portion of the angled walkway needs to be raised to meet ADA accessibility and to tie into the already constructed Harborwalk slab at Station 2+28. Any excavation material will be used for fill within this built-up portion of walkway. In addition, the top of the old buried seawall running along the edge of the property line was recentlyobserved presumably after a recent rain storm washed away some of the , P Y Y stone dust path(see attachment C -photograph). The top of the seawall will need to be removed to be able to construct the concrete slab at grade. Approximately 6 of the 14 lineal feet of seawall is located on MEC property. We are proposing to remove the top 8 to 16 inches of the seawall within this area. Page I of 2 We are fully aware of the Beverly Cooperative Bank's concerns with any excavation occurring on MEC property that could potentially impact their lease agreement with National Grid. We are hopeful, upon your favorable review of this minor change, this information can be forwarded to National Grid for their written approval and resolve the Bank's concerns about jeopardizing their agreement in this area. If you have any questions regarding this memorandum or require any additional information, please call or email. Page 2 of 2 10' 8"TH. REINFORCED ELECT. CONDUIT EXISTING WALK EL. VARIES CONCRETE SLAB No. 5 ® 10 EW IN SLAB GRADE SEE PLAN PROFILE 0.5% SLOPE N RESTORE GRADE TO - 2, ,,.I 4'-6" OF 2' EXISTING CONDITION CRUSHED STONE UNLESS OTHERWISE SPECIFIED COMPACTED SUBGRADE WALKWAY SECTION - STA. 0+31 TO STA. 2+00 SCALE: N.T.S. CONCRETE WALKWAY SALEM HARBORWALK DERBY STREET TO CONGRESS STREET SALEM, MASSACHUSETTS DECEMBER 2009 ATTACHMENT A VINE ASSOCIATES, INC. NEWBURIPORT, MASSACHUSETTS MATCH WALKWAY ELEVATION TO EXISTING BRICK ELEVATION : L ' t12 0 NEW HANDRAIL — EL. 15.0 STA. 1+60 f4'-6" 35' 0" EL. 15.0 32,5 WALKWAY REMOVE 8 INCH TO T ' r EXISTING CONCRETE EXTENSION EXISTING BRICK PATH 16 INCH FROM THE WALL CAP TO BE SOUTH RIVER TOP OF THE PARTIALLY REMOVED 3'-4^ j 3I EXISTING SEAWALL _ ±6' ELEV.=15.3 cwiRS s VARIES FEMA 100 YR .. I 4" THICK, SLAB FLOOD 14.4 HANDRAIL ON GRADE — � S ELECT. CONDUIT '- p IN SLAB QY CRUSHED CRUS STONE ��..q �� "� 3E MHW=8.9 COMPACTED SUBGRADE p�JV PROPOSED yPGQ' � CONC. PILE CAP EXISTING GRANITE STONE SEAWALL — 'L _ REMOVE STONES AS EXISTING GRANTE L REMOVE FROM NECESSARY STONE WALL—�— \ "• 16 INCH FROM THE PROOOSED EDGE CHANGE EXISTING-SEAWALL � OF ONCRETE—WALKWAY STA. 2+10.8 C APPROX. PORTION OF A MLW=0.0 4VINCH THICK CONCRETE �SL+B (t46 S.F.) TO BE CONSTRUCTED AT GRADE WALKWAY EXISTING GRANITE EL. 15.0 10' 4" EL. 14.8 STONE WALL <ORIGINA=IDGE OFI CONCRETE-WALKWAY "' 11 —4 �\ SLOPED HANDRAIL TIP ELEV.=-35 TIP ELEV.=-36 EL 14.9 L F STA. 2+28 4 EXISTING GRANITE l ' 10 8 _EL 140 BLOCK/CONCRETE WALL I "` d —.... �— ' REMOVE EXISTING SECTION A—A ' S a —3I L GRANITE STONE BLOCK) j � SCALE: 1^=4' L. 14.11 ?T '+ MASSACHUSETTS e r�'J CITY OF � ��� ��_-_ J 0 2 4 8 ELECTRIC CO. 1 } SALEM CONCRETE WALKWAY ±4.-4.. III EL. 14.14 SCALE IN FEET SALEM HARBORWALK WALKWAY PLAN 0 5 10 2 DERBY STREET TO CONGRESS STREET SCALE: 1'=10' 6plvSALEM, MASSACHUSETTS SCALE IN FEET DECEMBER 2009 ATTACHMENT 8 e x'.i !! �+ t x �• r � ,�� y n� r�i �,*�r/IZ+r yF � t+ v J f >,4 plies ,°}.�k ��. .irr:• �' ,� � � _ it a '� ;.1 � �.,�'��. %w���,1��`k"'.�y��v��4�+j�f,,"t '�`✓ �#a',� r� �� f • J � prar. .�1 �7' 'i�Jr�.*`��.�°�xT�4�`sy"p£s�}��"'�. r �T f i s ,� ' � ,• �iFy-. �t��n>, «cR*h���j.� �u�. 4� ¢��F+ate ! � C 1 ./ " y s' a � y r4faa � ^,{tr •2r.c..Rr ���T"kY` ✓ a,��Y` Y �l+�rt'.p7,r j„fYa ! p.. F Y /a� { y1s a vir n a fj[adxr,� pg f u i a� �z IA rs..s Ewa v r k � %Mff�� i t��rg#�,���4�a,Y •� ,y �5 1`£�I a � htpry s3 ryxi. 3gi'r�.s'r,�'rj' �..,. .�-°� ^.r<, ew r ♦r C� Y q+'gyG+ Mali, a ir r`•'�� � ts ,a�aN' yr t s����f� 5 •�a s,t`1Y >i�s f ;+x- October 20,2009 Vine ASSOCIATES, INC. Ms. Carey Duques,Conservation Agent 3,2 Merrimac Department of Planning and Community Development shret City of Salem 120 Washington Street VeeonnF7 fort Salem, MA. 01970 nnnss ri:,, a� Re. Amendment Request- Order of Conditions (DEP No. 64-466) 07g50 Salem Harborwalk Project (978)465-1428 Salem,MA Fax Dear Ms. Duques, (978)a65a640 On behalf of the City of Salem, Vine Associates, Inc. (VAI) is requesting an amendment request to the existing Order of Conditions to address the change in anchoring of the proposed steel sheetpile bulkhead at the western end of South River. The originally proposed helical anchors were to provide the lateral tie-back anchorage for the steel sheetpile wall at the western end of the South River. The Contractor has experienced difficulty in driving these anchors with penetration depths not able to meet the required 40 foot depths proposed to reach the anticipated load capacity per anchor. The inability for the helical anchors to penetrate the subsurface area behind the existing wall appears to be a result of encountering stones in excess of 12 inches in diameter. This unforeseen soil condition encountered during the helical anchor installation work prompted NSM to halt installation operations and consult with the Engineer (Vine Associates) regarding alternate anchoring of the sheeting. VAI considered several alternates and have ultimately chosen to use steel batter piles. We are proposing to install eleven (11) HP 14x89 steel piles seaward of the steel sheetpile wall. The piles will be spaced at approximately 9 foot on center and driven at a 8:1 slope (8 vertical to 1 horizontal) that will be located approximately 2-3 feet seaward of the sheetpile wall. The piles will occupy approximately 2.0 square feet of impact at the mudline. The mudline elevation ranges from-1.0 to +3.5 mean low water datum. The top of the steel batter piles will be connected to the top of the proposed steel sheetpile wall and be encased within a slightly larger concrete cap as shown on the attached drawings. Amendment Request Salem Harborwalk Project,Salem,MA Page-2 Based on our conversation, it is our understanding the City will notify the abutters and file the legal advertisement for this amendment request. We further understand that amendment request will be on the Conservation Commissions meeting agenda scheduled for November 12, 2009 with a time yet to be determined. Please let me know if you need any further information. If you have any questions,please do not hesitate to contact our office. Sincerely, VINE ASSOCIATES,INC. ?Ali541-1 David A.Smith Project Manager Attachments CITY OF SALEM CONSERVATION COMMISSION September 17, 2007 Frank Taormina City of Salem 120 Washington Street Salem, MA 01970 Re: Order of Conditions—DEP#64466 Harborwalk alongSouth.River Salem Massachusetts sachusetta Dear Mr. Taormina: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of September 27, 2007), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-466 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Du es Conservation Agent/Staff Planner Enclosures CC: Robert G. Seega,National Grid DEP Northeast Regional Office Susan St Pierre, Vine Associates Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: f.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 City of Salem use the return a. First Name b.Last Name c.Company key. 93 Washington Street d.Mailing Address " Salem MA 01970 e.City/Town f.State g.Zip Code 4. Property Owner (if different from applicant): City of Salem and Mass. Electric b. Last Name c.Company 93 Washington St &25 Research Dr d. Mailing Address Salem and Westborough MA 01970 &01582 e.City/Town f.State g.Zip Code 5. Project Location: South River between Congress, Derby& Salem Peabody St b.City/iown 34 0436, 0435, 0444 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: N 42 31'09" 70 53'27" 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) 23049 (Mass.Electric)6667, 3282 (City of Salem) 93 (Mass Electric)/424, 381 (City of Salem) c.Book d. Page 7. Dates: July 12, 2007 September 13, 2007 September 17, 2007 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): Salem Harborwalk Derby Street to Congress Street a. Plan Title Vine Associates David Vine b. Prepared By c.Signed and Stamped by July 13, 2007 1"=20' d.Final Revision Date a.Scale I.Additional Plan or Document Title g.Date ,vpaforrn5.doc• rev.3/1105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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 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) 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 s. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged rvpaforr 5.doc• rev.W/O Page 2 of 9 f Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 . b.square feet Subject t0 Flooding a 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 f.cubic feet 9. ❑ Rivertront area a.total sq.feet b.total sq.feet Sq It within 100 It c.square feet J.square feet e.square feet I.square feet Sq It between 100-200 ft s uare feet h.square feet square feet g. q q q j.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 1. ® Land Under the Ocean 230: 11 piles & 230219 sheetpile b.square feet 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.Gy nourishmt. d.c/y nourishmt. ta. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 1s. ® Coastal Banks Misc. repairs Misc. repairs to seawall to seawall 16. ❑ Rocky Intertidal Shores a.square feet b.square feet n. El Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square teat 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 11,225 11,225 Storm Flowage a.square feet b.square feet wpatorm5.doc• rev.3/1/05 Page 3 of 9 i r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 64-466 " malorm5.doc• rev.311/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 space for additional conditions, select box to attach a text document a w aform5.doc• rev.9/t/eS Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions, select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document w atorm5.doc• rev.3r1/05 Page 6o19 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-466 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 0� condition pursuant to General Conditions #4, from the date of issuance. 1. to of ss ance Please indicate the number of members who will sign this form: u This Order must be signed by a majority of the Conservation Commission. 2.Number f 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 t filing electronically, and the property owner, if different from applican i Signatures G t otary Acknowledgeme t Commonwealth of Massachusetts County of Essex On this 13 of September 2007 Day Month Year Before me, the undersigned Notary Public, K. Cornacchio,dui, D. Pabich, M. Blier, K. personally appeared Glidden 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 CityfTown CAREYftNowDU UES 001YONN18K y PdA MWY If�F it l AuguM 1&2013 Signature of N tary ublic Care R. D ques Printed Name of Notary Public 13 Place notary seal and/or any stamp above August My Commission Expires pires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on �by certified mail, return receipt requested, on Date Date wpafdra5.dd • rev.31V05 Pape 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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. w afor 5Ao • rev.3/1/05 page 8 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-466 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: South River between Congress, Derby and 64-466 Peabody Streets 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 wyaform5.00c• rev.3/1/05 Page 9 of 9 Attachment to Order of Conditions # 64-466 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-466 South River Harborwalk 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 veinal 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 development of a 10 foot clear width, 1,000 foot long concrete pedestrian walkway and associated landscaping along the south and west sides of the South River. The permitted harborwalk will be constructed along the top of the existing seawall. The section of the harborwalk adjacent to MassElectric's property (approx 215 feet long)will he located on 14, 12 inch diameter steel,concrete filled piles, over the South River. The harborwalk begins at grade along Derby Street, transitions to an above grade structure along a portion of the City and Mass Electric properties and terminates in a sloped, elevated, precast concrete walkway section reaching grade at the Congress Street bridge sidewalk. This order also permits minor seawall repairs which include the chinking of stones into voids located in seawall. The order permits the installation of a new steel sheet pile wall along the South River in Salem. The sheet pile wall will be located approximately 1 %x feet outboard of the existing wall, will tie into the existing wall and will contain gravel filled between the two walls. The Conservation Commission issued this Order of Conditions with the following special conditions: the existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site; a perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns; armoring in front of the elevated walkway on the landward side shall be completed using material such as granite blocks to protect the walkway from damage; a trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated (big belly) trash receptacles along the harborwalk; and if harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 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. Attachment to Order of Conditions # 64-466 Page 2of 5 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#64-466, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant" as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing wit hin 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 star. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 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 # 64-466 Page 3of 5 Final Approved Plans Salem Harborwalk Derby Street to Congress Street (Title) July 13, 2007 (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. PRIOR TO CONSTRUCTION 17. 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. 18. 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. 19. 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. EROSION CONTROL 20. 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. Attachment to Order of Conditions # 64-466 Page 4of 5 21. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. 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. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. 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. 25. 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. 26. If soils are to be disturbed for longer that two(2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27, 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. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s).. 29. 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. 30. 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. 31. 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. 32. 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. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. 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. Y Attachment to Order of Conditions # 64-466 Page 5of 5 AFTER CONSTRUCTION 37. 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; 38. 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. 39. If the completed'wock differs from that ii 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. 40. 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 ,./ 41. Existing timber piles present in the South River shall be cut to the mud-line and properly disposed of off site. 42. A perforated pipe shall be installed along the length of the southern side of the harborwalk covered with gravel and shall tie into a drainage system and address drainage concerns. 43. Armoring shall be installed in front of the elevated walkway on the landward side using material such as granite blocks to protect the walkway from damage. 44. A trash management plan shall be presented to the Conservation Commission noting the number and location of solar operated(big belly)trash receptacles along the harborwalk. 45. If the harborwalk is going to be maintained during the winter months a snow management plan shall be presented to the Conservation Commission. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS - IDEPARTmENT OF ENWRONMENTAL,PROTECTYON ONE WINTER STREET, BOSTON, MA 02.108 617-292-5500 DEVAL L.PATRICK IAN A.BOWIES Govemor Secretary TIMOTHY P.-MURRAY LAURIEBURT Lie itmantGovemor 8oli1mi45iot1er October 27,2009 City,of Salem c/o Vine Associates, Inc. 372 Merrimac Street, Newburyport,MA 0`1950 Attn:.Iavid A. Smith RE: Minor Project Modification to D.E.P. License No.1.1961 South River,Salem, Essex County Dear Mr.Smith: The Department has reviewed your letter and plans,submitted on behalf.of the<City of Salem,describing the proposed modifications at Salem'Harborwalk Project site,in the City of Salem. The proposed minor, project modification is the use of steel batter piles to anchor the proposed steel sheet pile bulkhead)at the western end of the South River, The original proposal called for the use of helical anchors as the lateral tie back anchorage for the steel sheet pile. Also proposed is the increase in size of the concrete cap at the top of the steel sheet pile to accornmodate the proposed steel piles.The proposed modifications are shown on plans titled "Proposed Steel Sheeting/Batter Pile Plan; Salem Harborwalk, Derby Streetfo Congress Street,Salem,Massachusetts.Prepared by Vine Associates,Inc.,date:Oct.2009;2 sbeets",. The Department has determined that pursuant to 310 CMR 9.22`the activity constitutes a minor project modification, which represents an insignificant deviation from the original specifications<of the license and as such this activity does .not require a license: Please note, that other local; state and federal requirements may apply. If you have any questions pertaining to this matter please do not hesitate w contact me at(617)654-6520. Sincerely, David B. Slagle Environmental Analyst Waterways Regulation Program Cc: file copy This information 6 available in alternate format Ca0 Donald M.Gemes,ADA Coordinator it 61 7-55 64 0 5 7.TDD service,-1-900-29i4207.' MassDEP on the World Wide Web:. hap:/Iwmv.rna s.gov1dep. �Pdnted on Recycled Pope,' • �NOI�T /a \ CITY OF SALEM, MASSACHUSETTS 1� 2a„ c DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 LYrrty GOONIN Dvrrcax,AICP TELE:978-619-5685 ♦ FAX:978-740-0404 DIRECTOR April 9,2009 David Pabich,Ch"mian Salem Conservation Commission City Hall Annex 120 Washington Street Salem,Massachusetts 01970 RE: Notice of Project Change—South River Harborwalk—DEP#64-466 Dear Chairman Pabich and Members of the Conservation Commission: Pursuant to 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 City bid the construction of the Harborwalk earlier this fall,but all the bid proposals came in over budget. To bring the project under budget, the City and its consultants (Vine Associates Inc) determined areas where potential cost savings could be achieved through design changes. The design changes are relatively minor and primarily involve changes in material. The design changes include the following, and are detailed in the attached plans: 1. Redesign of the Derby Street Entranceway, much of which is outside of the buffer zone and flood storage area. 2. Change the Harborwalk handrail material from steel to steel encased thermal plastic. 3. Change the pile supported walkway in the South River from steel piles/concrete deck to timber piles/timber deck. A portion of the pile supported walkway (approx 50 feet) in front of 15 Peabody Street Park will also be relocated to the Peabody Street Park site on land. 4. Change the elevated pile supported walkway along the Pickering Wharf Auxiliary Parking lot that ties directly into the Congress Street Bridge from steel piles/concrete deck to timber piles/timber deck. 5. Change the granite blocks that are required under Condition #43 to armor the elevated walkway to large stones to be supplied by the City Department of Public Works. f s These changes will significantly decrease the cost of the project and decrease the overall impact on the resource area. On January 14, 2009 the Salem Redevelopment Authority (SRA) approved the above referenced design changes based on the recommendation of its Design Review Board (DRB). Additionally, on April 1,2009 National Grid also approved all the design changes relative to the portion of the Harborwalk that passes through their property. The City of Salem is currently finalizing the Lease Agreement and Entry Permit with National Grid and anticipates that the documents will be executed in the next month. Once those documents are executed, the City will re-bid the project and, provided that the bids come in under budget, construction will start shortly thereafter. It is my sincere hope that you will find these changes to be non-substantial changes that do not require any further action. Should you have any questions regarding this submittal, or if you require any additional information,please feel free to contract me at(978) 619-5685. Sincerely, Fr(nkTao PHarbor Coordinator Cc: MA DEP—Northeast Regional Office _2_ ��oc�nlrA� CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND s a�Y �P COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHusETrs 01970 TELE:978-619-5685 ♦ FAx:978-740-0404 LYNN GOONIN DUNCAN,AICP DIRECTOR April 23, 2009 David Pabich, Chairman Salem Conservation Commission City Hall Annex 120 Washington Street Salem, Massachusetts 01970 RE: Trash Management Plan—South River Harborwalk—DEP#64-466 Dear Chairman Pabich and Members of the Conservation Commission: Pursuant to Condition #44 of the above referenced Order of Conditions, I am submitting a Trash Management Plan for the City of Salem South River Harborwalk. The Trash Management Plan consists of the installation of four (4) BigBelly Solar-Powered Trash Compactor units along the 1,000'/- linear foot Harborwalk. A detail of these trash receptacle units can be found on Sheet 8 of the revised plans. The exact location of the units can be found on Sheet 3 and 4 of the revised harborwalk plans (DEP #64-466) and on Sheet 1-1.1 and L4.0 of the 15 Peabody St Park/Harborwalk Plans (DEP #64-475). Benefits of using BigBelly units include, but are not limited to: uses 100% solar power to compact trash on-site and decrease frequent collection trips by City DPW and minimizes our carbon footprint; each unit can hold up to 220 gallons of compacted trash (five times greater than the old city standard trash recepticles) which greatly assists the City with rising collection costs; the enclosed design eliminates trash overflow, litter, and keeps out animals like seagulls and rodents, etc The City feels that the BigBelly Solar-Powered Trash Compactors are the most efficient and environmentally conscious way to manage trash collection throughout the City. The City has started replacing all the old city standard trash receptacles with this solar-powered model with the ultimate goal of utilizing them throughout the City. To date, the City has installed a number of these trash receptacles throughout the City, in locations such as Downtown Salem, in City Parks, along the Salem Bike Path, and now along the South River Harborwalk. Should you have any questions regarding this submittal or if you require any additional information,please feel free to contract me at (978) 619-5685. Sincerely, rank Taor ina lanner/Harbor Coordinator -2- Letter of Transmittal Vine ASSOCIATES, INC. Date: September 25,2007 RECEIVED SEP 2 6 Z007 rnhnAip To: Mailing ListforNotice of License From: Susan St. Pierre Application 978465-1428 ------------------------------------------------------------------------------------------------ Copies of Notice attached. Should you have any questions, please call me at number listed above. DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Number W07-2086 City of Salem NOTIFICATION DATE: October 3, 2007 Public notice is hereby given of the application by City of Salem to construct and maintain a 10-foot wide, 1,000 foot long harborwalk; a steel pile wall and repair the existing southern seawall at Derby, Pleasant and Congress Streets in the municipality of Salem in and over flowed and filled tidelands of South River. The proposed use of the project is to provide public access to waterfront open space for passive recreational purposes and shoreline stabilization and is a water dependent project. The Department will consider alL written comments on this Waterway-, ap li ation received by within.30 days subs pent to the "Notification Date" . Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (617) 292-5500. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below: Written comments must be addressed to: Ben Lynch, Program Chief, WRP, One Winter St. 5 fl. Boston MA 2 9 0 108. Pursuant to 310 CMR 9.13(1)(a),the Applicant is also required to concurrently provide this notification, along with a copy of the project site plans submitted with the Waterways License Application,.to the appropriate municipal officials, regulatory agencies and abutters to the project for their review and comment (see Notification mailing list attached). The applicant shall send the notice of license or permit application by Certified mail to the attached list, abutters and notify the Department when completed. Mailing List Nnt*rp of Lae-priggp Aonl*nat*on pursuant to M C` L Chapter 49 Mayor and City Council, City of Salem Salem Planning Board Salem Conservation Commission Salem Zoning Board Salem Harbormaster. Coastal Zone Management DCR/Ocean Sanctuaries 251 Causeway Street,Suite 800 251 Causeway Street Boston, MA 02114 Boston, MA 02114 Massachusetts Environmental Policy Act (MEPA) File# 100 Cambridge Street, Suite 900 Boston, MA 02114 Division of Fish &Wildlife and Law Enforcement Field Headquarters 1 Rabbit Hill Road Westborough, MA 01581 Attn: Tom French Division of Marine Fisheries Annisquam River Marine Fisheries Field Station 30 Emerson Avenue Gloucester, MA 01930 Massachusetts Historical. Commission 220 Morrissey Blvd., Columbia Point Boston, MA 02125 Army Corps of Engineers New England Division 696 Virginia Road Concord, MA 01742-2751 Abutters—For Chapter 91 purposes, an abutter is defined as the owner of land that shares a common boundary or corner with a project site, as well as the owner of land that . lies within 50'across a waterbody from such site, see 310 CMR 9.02. WRP Files LL- IL oM `U w o C _ v C W cr✓ y r d - n mom. �` O = N w LLI BIT. CONC. P V) s71 F- U ® PAVEMENT /. o� N of #34 4 z t- w = w Lu m J m Lot #34-0443 LL > Lot #34-0430 LANTIN z z �Z= F N z w Q N w� o ® w X. URB BOLLARD J c) w li w w w d o t12° OUTFACES of y t #34-0 METAL CULVERT ACCESS PLATES GRANITE Lic. #237213969 RCURB ` STEEL SHEETING WALL ' N / CONC: ' STONE DUST WALKWAY SOUTH RIVER F��LoW I W EXISTING RAMP EBB = o a OW BUILDING s ; ,, 10' EASEMENT AREA N w z> R BIT. CONC. 7 1 3' EXPOSED PVC PIPE I w p z o PAVEMENT ,7 GRANITE BLOCK WALL XISTING DRAIN w F OW MISC. DETERIORATED PIPE 10' EASEMENT AREA -I w J 0 o Lot #34-04 EEC. BOX . TIMBER FENDER PILES I o � to z c? - owo -- ----- ------- ---- --- - - - ¢ _ CONC. ON RE�E WALL SEWER I Q z x -- ¢ . " Z to a WALL - OUTFAL PIPES 1) OUTFACE PIPE g w f - - - - R - - --- ------- 3 ELEC. CONDUITS. w a w w cn i H ,. CONC. SLAB Z : J o Y w t t x5' VAULT 25' EASEMENT Lic- #2243 BIT. CONC. I J `� I- ` W/ BOLLARD MASS. ELECT. #2292' PAVEMENT GRASS ' _ ¢ 0 0 0,-' ` OUTFALL PIPES LI°- #1751 3367 U z tb APPROX. LOC. #1774 # I Q J A I - c .� UNDERGROUND Lot #34-0434 Lic. #2244 Lot 34-0232 a 0 = 0 : ELECT. LINE # Lot #34-0435 zsl 03 � I ---------------------------- n , , TIMBER PIER ' FLOW AND FLOATS w SOUTH RIVER W EBB EXISTING GRANITE I CONDUITS MISCELLANEOUS I BLOCK WALL MISC. DETERIORATED. GRANITE BLOCKS' TIMBER FENDER. PILES ALONG WALL FACE 10' EASEMENT AREA - I J CONC. WALL DAMAGED — 5" t I CHAINLINK FENCE Ul GRASS I BIT. CONC. MISCELLANEOUS ' PAVEMENT GRANITE Lh BLOCK/CURBING Z, ELECTRICAL Q TRANSMISSION LOCATION (2) 6' TWEE STEEL SIGN U , Lot 134-0436 POSTS LIGHTED SIGN PAVED PARKING AREA o o a ` BENCH SHIP LOFTING // z g$y� GRANITE BL' K DIAGRAM .1 ' ID E E O // / BENCH DETAIL 1 g ° / n VERTICAL / g S`t SEE DETAIL / '/ K GRANITE CUR THIS"SfiEET / i DECIDUOUS N8 I / , TREE TIP. 9 . f SHRUB w PLANTING TIP. N'j t #34 04 / a- Lot #34-0443 CEMENT CONC. / ,4 PAVEMENT Lot #34-0430 ! '° „ WOOD SCREEN ;a / FENCE / . REMOVE BOLLARD / e , / CONCRETE PLUG RETAIN UGHTP ALE t #34- 43 MATCH / SHEETING RETURN WITH CONC. PLUG j~ U "w EXISTING EW 4' HIGH RAILING GR FLOW ADE SOUTH RIVER EB 10' WIDE CONCRETE WALKWAY w . I1 EXISTING R AIN EXISTIN PILE SUPPORTED, PROPOSED STEEL PILE WALL CONCRETE WALKWAY / BUILDING LKWAY & I SEE DETAIL SHEET 5 EXTEND CANTILEVER (SEE SHEEP 6) P .NTINGS CONCRETE PLUG WALKWAY 50 FT. , a REDUCED �H WALKWAY' ti t REP\ I REPAIR ' a Lot #34-PAY # i WALLfLJ — , [y ------ =- ---- - --- - --— ROPOSED — -.. ' --- --------- 20 FEMA ZONE A2 FUTURE ACCESS..-; Iu— CONCRETE " EL 10.0 T POLE, TYP _PARK — _ I WALKWAY, BENCH/L.IGHTPOL LANDSCAPE BERM . T9• Ga�sEfTfi_ ' \ �._.._.._. _ H-RECEPTA IE LOCATION, TY.P. I o ,. FEMA ZONE A4 PROPOSED EL 11.0 STAGING AREA +• ' Lot #34 0232 #34 0 -0435 Lot LIMIT OF 100' BUFFER ZONE TO COASTAL BANK Q,, S 61 as; oil •w.•. Nola ----------------------------- w = FLOW cn ! SOUTH RIVER W I EBB p a V) ' EXISTING FENCING I PILE SUPPORTED EXTEND CANTILEVER TO BE REMOVED ° W I CONCRETE WALKWAY WALKWAY 50 FT. Q (SEE.SHEET 6) Q ' 10'-8" CONC. WALKWAY PRE-CAST CONCRETE ELEVATED WALKWAY (SLOPE f1:.20) (t8+86 TO w I LANDSCAPE, BERM i %tip-' 10+00) SEE DETAIL SHEET 7: ~ 2O• BENCH/LIGHTPOLE/ t10' Q12 TRASH RECEPTACLE . ��� LANDING LOCATION, TYP. 5 y.> _.. _ a FEMA ZONE A2 CHAIN LINK FENCE - --- .._ . EL 110.0 MISC. STONE BARRIERS - \� TO BE REMOVED E L 11 ZONE Lot # /34-0436 PARKING) ' EL 11.0 A4 l LOT CURB / > LIMIT O _F 100 BUFFER ' - \Z\ TO COASTAL BAW< / PROPOSED R-AIUN,G OPENING AT BRIDGE WALK El, VARIES ELLL;I. �UNUuh SEE PLAN PROFILE 8"TH. REINFORCED IN SLAB EXISTING 0.5% SLOPE CONCRETE SLAB TGRADE N --- 4"-6" OF i 2 I l CRUSHED STONE COMPACTED SUBGRADE WALKWAY SECTION - STA. 0+00 TO. 1 +05 SCALE: 1 "=4' f 12'-6" NEW,.4' TALL RAILING 10' NNE. EXISTING EXISTING CONCRETE CHAIN�LINK FENCE WALL CAP TO NE r t2.E WALKWAY BE REMOVED ELECT. CONDUIT W�GREaTE C1 ED TENSION CONCRETE G. 8-jH. REINFORCED IN SLAB „ Y VARIES CONCRETE'SLAB EXISTING 10 OARS ®• 0.5% SLOPE 10 O.C. GRADE 3" CLEAR 4"-6" OF NEW STEEL �-��-I CRUSHED STONE SH OF M�� SHEExTING' 1, COMPACTED SUBGRADE `' CRUSHED STONE EXISTING STEEL vm FILL SHEETING TO REMAIN we '• HSS 12x6x% HELICAL TIE-BACK ANCHORS STEEL WALEF CLIP ANGLES PROVIDE OPENING IN EXISTING SHEETING FOR ANCHORS EL. VARIES— 3"0 WEEPHOLES WALKWAY SECTION -2.4 TO -0.4 ® 10' D.C. STA. 1 +0.5 TO 2+10 SCALE: 1 =4 20' 18" 3-STRAND NEW 4'H RAIL BARBED WIRE ELECT. CONDUIT . 6'• CHAIN LINK POST BASE FENCE MASS ANCHORED: . . 8'TH. REINFORCED ' IN SLAB ELECTRIC SITE NCRE TO COTE CONCRETE SLAB " 3 LOAM VEGETATED WALK EL. +9:6 0.5% SLOPE #5010 EW AND SEED BERM N ' 31 V" -_ ;..' VARIES P 2 12 I 4"0 PERFORATED EXISTING 4"=6" OF PVC PIPE GRADE CRUSHED STONE 025' O.C. COMPACTED SUBGRADE GRANULAR FILL EXISTING STONE BULKHEAD TO REMAIN WALKWAY_ SE,CTION-STA. 2+ 10 TO 4+-6.7 AND STA 5.+8.7 TO 8+8:6 SCALE. 1 "=4' _•.--- 4 WALKWAY SECTIO ,_ NS 3—STRAND BARBED WIRE.. �6' CHAIN 1 — LINK FENCE NEW 4 H RAIL WALKWAY 2 HANDHOLE AT POST. .BASE LIGHT POLE, TYP. LIGHT BASE ANCHOREQ TO gDD'L 6—. 5, 4Fi. LONG I (ELECT. CONDUIT C©NCREfE AT LIGHT �OLE BASE, TYP. I IL IIN SLAB I WALK EL. +9.6 #5010 EW7 tEXISTING 4' CONCRE -41 1 TO REMAIN • 3' EXISTING GRADE EXISTING PILE 12;'x0 375' WALL EXISTING BE CUT OFF STEEL PILE 90WED AS NECESSARY TO 1.2' _O;C.,_.WELDED CONSTRUCT WALKWAY SEXLESS GRADE 2, EXISTING C0NGRE6E FILLED STONE BULKHEAD ENTIRE LENGTH TO REMAIN D 12 EXISTING DETERIOR ED STEEL S EETING l MUD IN PROPOSED PILE TIP EL. --- L J WALKWAY SECTION 9 MASS ELECTRIC — STA 4+67 TO 5+87 SCALE: 1"--4' o�y. pRy� d 10' CLEAR ti go �. STEEL HANDRAIL 2" CONCRETE ...0. J e. ll TOPPING 81,x8, 2 Q zi o7 BASE PLATE �I I VARIES 8' HOLLOW CORE P.S.P.0 SLAB HSS 10k10x3/ HSS 10x1006 ANCHOR BOLTS ,*-16"x16"x3/a" ANCHOR BOLT No. 5 @ 6° O.C. BASE PLATE i VARIES 1 ' STONE 2' EXISTING HELICAL ANCHOR BULKHEAD TO REMAIN ELEVATED WALKWAY SECTION STA. 8+86 TO 10+.0.0 SCALE: 1"=4' 0 a WALKWAY SECTIONS r*m cn r*i D � .,. EXISTING GRANITE WALL 8"x8°xYZ" STEEL HANDRAIL 8" PS PC PLANKS & 2" CONC. 00' BASE PLATE POST rTOPPING, ,BROOM FINISH > + a 00 I�II IIII . rItI E::;WALK:WAY TRANSITION 2'x2'x1' CONC1 6"x16"x3/4" -�I HSS 1Ox10k3/6 HSS 1Ox10x3/s n FOOTING BASE PLATE BEAM POST BEAM *SUPPORT 1ME ;.Oils o =� ELEVATED WALKWAY PLAN 'VIEW 0 z CAST. IN PLACE CONCRETE WALKWA' PRECAST EXISTIN, .o CONCRETE BRIDGE C WALKWAY SIDEWAL �. STEEL HANDRAIL WALKWAY SLOPE 1 :20 I � EL 9.6 EXISTING GRADE JOIN WITH EXISTING v CONCRETE FOOTING BRIDGE r 2, EXPANSION JOINT BETWEEN BRIDGE i SIDEWALK AND 'ELEVATED WALKWAY r: i`tn -ELEVATED WALKWAY PROFILE VIEW � cn FR S113S� NOTICE OFINTENT M��Vine SOUTH RIVER HARBORWALK ASSOCIATES,INC. SALEM, MA ' I n ' Vine Associates,Inc. 372 Merrimac St. i Newburyport,MA 01950 978465-1428 978465-2640 I ' t all f ' 1 i i = M 1 �^ r ' Submitted to: Salem Conservation Commission ' 120 Washington Street Salem, MA 01970 I Submitted by: Vine Associates, Inc. 372 Merrimac Street Newburyport, MA 01950 July 13, 2007 h Ei RECEIVED ' JUL 1 7 2007 DEPT. OF PLANNING& COMMUNITY DEVELOPMENT ASSOCIATES, July 12, 2007 Mr. Kevin Cornacchio, Chairman Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 02201 Re: Notice of Intent Filing South River Harborwalk Dear Mr. Cornacchio, Enclosed please find one original and seven (7) copies of a Notice of Intent submitted on behalf of the City of Salem to construct the South River Harborwalk. Construction of the Harborwalk will implement an important element of the City of Salem Harbor Plan and will create a new waterfront public realm in downtown Salem. The Harborwalk includes a small public plaza at the Derby Street entrance that will function as an inviting gateway to the Harborwalk. As required, one (1) copy of the Notice of Intent has been submitted to the Northeast Regional Office of the Department of Environmental Protection. Because the applicant is a municipality, application fees are not required. Should you have any questions or comments regarding this submittal, or if you require any additional information, please contact me at (978) 465-1428. Sincerely, VINE ASSOCIATES, INC. Susan St. Pierre Principal CC: F. Taormina S. Towle, National Grid W. Howard - Beverly Cooperative Bank DEP Northeast Region (1 copy by certified mail) Division of Marine Fisheries - North Shore Office (by certified mail) ' INDEX Attachments ' 1. WPA Form 3 - NOI Application Form ' 2. Project Description ' 3. Abutters List and Notification 4. List of Plans 1 i , I , 1 ' ATTACHMENT 1 WPA Form 3 - NOI Application Form Massachusetts Department of Environmental Protection Provided by DER ' Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town Important:' When filling out A. General Information fortes on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your South River between Congress, Derby, and Salem 01970 cursor-do not Peabody Street use the return y b.CityTrown c.Zip Code key. Latitude and Longitude: N 42031'09" W 70053'27" ' d.Latitude e.Longitude 34 g. Par 0/Lot 0444 I.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: City of Salem City of Salem a.First Name b.Last Name c.Company ' Note: 93 Washington Street Before d.Mailing Address completing this Salem forth consult NIA 01970 City/Town I.State your local e.Ci g.Zip Code '. ' Conservation (978)619-5685 Not Applicable Not Applicable Commission h.Phone Number I. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ® Check if more than one owner ' or ordinance. City of Salem and Mass Electric b.Last Name a.First Name c.Company 25 Research Drive d.Mailing Address Westborough MA 01582 e.City/rown I.State g.Zip Code h.Phone Number i.Fax Number /.Email address ' 4. Representative (if any): Vine Associates, Inc. a. Firm Susan St. Pierre b.Contact Person First Name c.Contact Person Last Name 372 Merrimac Street d.Mailing Address ' Newburyport MA 01950 e.Cityrrown I.State g.Zip Code (978)465-1428 (978)465-2640 sst.pierre@vineassociates.net h.Phone Number L Fax Number 1.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): Applicant is a Fee Exempt Municipality b.State Fee Paid c.City/rown Fee Paid 6. General Project Description: ' Proposed project involves the development of a 10 foot clear width, 1,000 foot long concrete pedestrian walkway and associated landscaping as well as minor seawall repairs and installation of a new steel sheetpile wall along the South River in Salem MA. See Attachment 2 Project Description wpaform3.doc•rev. 11/30/06 Page 1 of 9 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number 1 WPA Form 3 — Notice of Intent ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem City/town ' A. General Information (continued) 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 j. ® Other 8. Property recorded at the Registry of Deeds for: Essex 93 (Mass Electric)/424 381 (City of Salem) a.County b.Page Number 23049(Mass Electric)/6667, 3282(City of Salem)_ c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of I ' Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? ' a. ❑ Yes-answer 11 below, then skip to Section C. b. ® No-skip to Section B. 1 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): ' a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: ' d.linear feet ' wpaform3.doc•rev. 11/30/06 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by DER ' Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town ' B. Resource Area Effects 1. 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 Proposed Alteration Proposed Replacement(if any) document ' transaction a. ❑ Bank number 1.linear feet 2.linear feet (provided on b. ElBordering Vegetated your receipt page)with all Wetland 1.square feet 2.square feet ' supplementary information you c. ❑ Land Under 1.square feet 2,square feet submit to the Waterbodies and Department. Waterways 3.cubic yards dredged 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. ❑ 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) ' ❑ For projects 1. Width of Riverfront Area (check one): impacted by the riverfront area ❑ 25 ft. - Designated Densely Developed Areas only and a buffer zone of another resource area, ❑ 100 ft. -New agricultural projects only add 50%to the ' total fee. ❑ 200 ft. -All other projects 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. 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. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaform3.doc•rev. 11/30/06 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by DER ' Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem City/Town ' B. Resource Area Effects 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 ReDlacement(if any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on 230 sf 11 sf Iles and 219 sf your receipt b. ® Land Under the Ocean p page)with all sheetpile wall) ' supplementary information you 2.Cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes ' below d. ❑ Coastal Beaches 1,Square feel Q 2.Cubic yards beach nourishment ' e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment I. ® Coastal Banks Misc. repairs to existing granite seawall ' g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1_Square feet ' q 2.Sq ft restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ 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 1. ® Land Subject to Coastal 11,225± SF 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 wpaform3.doc•rev. 11/30/06 Page 4 of 9 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 Document Transaction Number Salem City/Town ' C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ' Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your document (attached) transaction 2. ❑ DEP BVW Field Data Form (attached) ' number (provided on your receipt 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP(attached) page)with all supplementary ' information you 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation): submit to the Department. a. ❑ 50% or more wetland indicator plants b. ❑ Saturated/inundated conditions exist ' For all projects c. ❑ Groundwater indicators affecting other d. ❑ Direct observation Resource Areas, please attach a e. ❑ Hydric soil indicators narrative t. ❑ Credible evidence of conditions prior to disturbance ' explaining how the resource 5. Other resource areas delineated: area was delineated. D. Other Applicable Standards and Requirements ' Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass-gov/dfwele/dfw/nhesp/nhregmap.htm. ' a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program ' Division of Fisheries and Wildlife October 1, 2006 Route 135, North Drive b.Date of map Westborough, MA 01581 ' If yes, the project is subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section D.1.A, and include requested materials with this Notice of Intent(NOI); OR complete Section D.1.6, if applicable. If MESA supplemental information is not included with the NOI, by completing ' Section f of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). A. Submit Supplemental Information for Endangered Species Review ❑ Percentage/acreage of property to be altered: ' (1)within wetland Resource Area percentage/acreage (2)outside Resource Area percentage/acreage ' ❑ Assessor's Map or right-of-way plan of site ' wpaform3.doc•rev. 11/30/06 Page 5 of 9 Massachusetts Department of Environmental Protection Provided by DER ' Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town ' D. Other Applicable Standards and Requirements (cont.) ❑ Project plans for entire project site, including wetland Resource Areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed ' tree/vegetation clearing line, and clearly demarcated limits of work** ❑ Project description (including description of impacts outside of wetland Resource Area & ' Buffer Zone) ❑ Photographs representative of the site ❑ MESA filing fee (fee information available at: ' http://www.mass.gov/dfwele/dfw/nhesp/nhenvmesa.htm) Make check payable to"Natural Heritage& Endangered Species Fund"and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: ❑ Vegetation cover type map of site ❑ Project plans showing Priority& Estimated Habitat boundaries ' B. OR Check One of the Following ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/nhenvexemptions.htm) ' ❑ Separate MESA review ongoing. NHESP Tracking Number Date submitted to NHESP ' ❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation & Management Permit with approved plan. ' Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see www.nhesp.org regulatory review tab). Priority Habitat includes habitat for state- listed plants and strictly upland species not protected by the Wetlands Protection Act. ** MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. ' 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island,and the Cape& Islands: Division of Marine Fisheries- Division of Marine Fisheries- North Shore Office Southeast Marine Fisheries Station Attn: Environmental Reviewer Attn: Environmental Reviewer 30 Emerson Avenue 838 South Rodney French Blvd. Gloucester, MA 01930 ' New Bedford, MA 02744 b. ❑ Not applicable—project is in inland resource area only ' wpaform3.doc•rev. 11/30/06 Page 6 of 9 Massachusetts Department of Environmental Protection Provided by DEP: ' Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cltyrrown D. Other Applicable Standards and Requirements (cont.) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes E 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 number a. ❑ Yes E No I ' (provided on 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the your receipt page)with all wetlands regulations, 310 CMR 10.00. p' supplementary information you a. ❑ Yes E 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 E No If yes, stormwater management measures are required. Applicants should complete the Stormwater ' Management Form and submit it with this form. b. If no, explain why the project is exempt: ' The project will not generate new Stormwater runoff or create any new point source discharges 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. E 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. 0 Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure)relative to the boundaries of each affected resource area. 3. ® Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). ' 4. ® List the titles and dates for all plans and other materials submitted with this NO]. 5. E If there is more than one property owner, please attach a list of these property owners not listed on this form. ' 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. E Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. ' wpaform3.doc•rev. 11/30/06 Page 7 of 9 ' Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number ' WPA Form 3 - Notice of Intent Document Transaction Number FL7i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town ' E. Additional Information (cont.) e. ® Attach NOI Wetland Fee Transmittal Form ' 9. ❑ Attach Stormwater Management Form, 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 NOI Wetland Fee Transmittal Form). .4 ' No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. ' Applicants must submit the following information(in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: ' Applicant is a Fee Except Municipality 1.Municipal Check Number 2.Check date 3.Stale Check Number 4.Check date ' 5.Payor name on check:First Name 6.Payor name on check:Last Name G. Signatures and Submittal Requirements ' I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 1 further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (litgtach2edLetter to all abutters =datedJuly e of the p�ject location. �� Dat �� from National , 07 Sgnaturaof Property Owner if d ff e7e ) Date —try%ii/�:21_-'�i/L/ ('/f/L- -5 Signature of Reprasentative(if any) pate For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified 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 the NOI Wetland Fee Transmittal Forth;and a copy of the state fee payment must be ' sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery. (E-filers may submit these electronically.) ' wpaform3.doc•rev.11/30/06 Page 8 of 9 nationalgrod 1 ' July 9, 2007 Mr.Kevin Coracchio Chairman City of Salem Conservation Commission ' 93 Washington Street Salem,MA 01970 ' Re: Salem Tax Assessor Parcel#34-0433 and#34-0436(collectively,the"Property") Dear Mr. Comacchio: ' This letter relates to the City of Salem's filing of a Notice of Intent with the Salem Conservation Commission for construction and maintenance of the South River ' Harborwalk(the"Improvements")that will affect a portion of the Property referenced above owned by Massachusetts Electric Company("MEC'). MEC is currently negotiating the terms of an agreement with the City of Salem to permit the construction and maintenance of a portion of the Improvements on the Property subject to certain terms and conditions which will be set forth in a written license agreement between the parties(the"License Agreement"). As an accommodation ' to the City of Salem to allow the City to proceed with its permitting for the Improvements prior to finalization of the License Agreement,this letter provides the City with"written permission from the landowner"under 310 CMR 10.05(4)(a)to file a Notice of Intent ' with the Salem Conservation Commission for those Improvements that affect the Property. Please note that this letter authorizes only the filing of the application and does not indicate any endorsement of the contents thereof nor does it authorize the construction of the Improvements on the Property. While we are working cooperatively with the City of Salem on this project,our paramount interest is to ensure that whatever work and improvements are performed on the Property does not interfere with our ' property rights or MEC's ability to fulfill its obligations to serve its customers. If you have any questions,please contact Steve Towle, Senior Real Estate ' Representative for National Grid,at(508)389-9115. Very truly yours, ' Robert G Seega Assistant Treasurer 26 Research Drive,Westborough,MA OM2-0001 ■ www.nationalgrtd.00m Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown ' G. Signatures and Submittal Requirements (cont.) Other: If the applicant has checked the"yes" box in any part 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. t wpaform3.doc•rev. 11/30/06 Page 9 of 9 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information ' When filling out forms on the 1. Applicant: computer, use only the tab City of Salem ' key to move a. First Name b.Last Name c.Company your cursor- 93 Washington Street do not use the d.Mailing Address return key. Salem MA 01970 e.City/town f.State g.Zip Code (978) 745-9595 h.Phone Number ' 2. Property Owner(if different): City of Salem and Mass Electric ' a. First Name b.Last Name c.Company 25 Research Drive d.Mailing Address ' Westborough MA 01582 e.City/Town f.State g.Zip Code h.Phone Number ' 3. Project Location: South River at Derby, Congress and Peabody Streets Salem ' a.Street Address b.City/rown ' To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and ' examples in the instructions for The fee should be calculated using the following six-step process and worksheet. Please see filling out WPA Instructions before filling out worksheet. Form 3(Notice of ' Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. ' Step 3/Individual Activity Fee: Identify each activity fee from the six project categories 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 Rivertront 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. WwfomG.doc•NOI Wetland Fee Transmittal Form•rev.311105 Page 1 of 2 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) ' Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee ' Fee Exempt- Municipality ' Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: 0 a.Total fee from Step 5 ' State share of filing fee: 0 b. 1/2 total fee less$12.50 City/Town share of filling fee: 0 c.112 total fee plus$12.50 1 C. Submittal Requirements ' a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. ' Department of Environmental Protection Box 4062 Boston, MA 02211 ' b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. t c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpaform3.doc•NOI W eUand Fee Transmtlal Form•rev.3/1/05 Page 2 of 2 �I 1 I ' ' ATTACHMENT 2 Project Description i Attachment 2 1 Salem Harborwalk Notice of Intent Project Description 1 Project Site 1 The City of Salem, ("the proponent") is proposing to construct a Harborwalk, make minor seawall repairs and replace an existing steel sheetpile wall along a portion of the South River in 1 downtown Salem. The Project Area is bounded by Derby Street to the north, the Beverly Cooperative Bank to the west, land owned by the City of Salem and Mass Electric to the south and the Congress Street Bridge to the east (see Figure 1, Locus Map). The South River is the 1 remnant of a former tidal estuary to Salem Harbor that was filled during the 18th and 19th centuries. The west end of the river contains a steel sheetpile wall that is in need of 1 replacement. There are two 6 foot by 6 foot culverts with tide gates that extend through the sheetpile wall to allow storm water flow into the River. The south side of the river contains a vertical granite block wall that is in good condition but in need of some minor repairs. The 1 adjacent land contains sinkholes in some locations which will also need to be repaired. The Harborwalk is being constructed on property owned by the City of Salem and Mass Electric. 1 Currently there is an existing interim stonedust path located along the west side of the river that extends to Derby Street. This interim walkway was constructed on City-owned land as part of the Beverly Cooperative Bank project around 2003. The south side of the river does not contain 1 a walkway or public access of any kind. Property along the south side of the river includes one City-owned parcel, which is vacant but programmed for future use as a park and one parcel 1 owned by Mass Electric which contains an electric substation facility and a parking site leased to Pickering Wharf. See existing conditions shown Sheets 1 and 2 of 8. 1 Project Summary The proposed ten foot clear width, 1,000 foot long concrete Harborwalk will be constructed 1 along the west and south sides of the South River creating a new public access pathway extending from Derby Street to the Congress Street bridge. Once complete, the Harborwalk will connect to future harborwalk sections to be constructed by others along the north side of the 1 South River and to a planned harborwalk across the Congress Street bridge along the Pickering Wharf site. The project is included in the City of Salem's Municipal Harbor Plan. 1 The Harborwalk will be constructed along the top of the existing seawall and has been designed to avoid and/or minimize alterations to the existing soils and, with the exception of the steel 1 sheetpile replacement and pile supported portion of the walkway, does not involve any in-water work. The Harborwalk begins at grade along Derby Street, transitions to an above grade structure along a portion of the City and Mass Electric properties and terminates in a sloped, 1 elevated, precast concrete walkway section reaching grade at the Congress Street bridge sidewalk. A small section of the harborwalk will be cantilevered over approximatley 215 feet of 1 I ' South River Harborwalk Notice of Intent ' the shoreline in front of the Mass Electric substation building for safety and security reasons (see Sheets 3 and 4 of 8, Plan View and Sheet 6 of 8, Sections). ' The Harborwalk design includes a small public plaza at the Derby Street entrance that will include interpretive features such as a ship model embedded into the paving, an interpretive ' sign, seating and banners (see Sheet 3 of 8, Public Plaza). Three additional interpretive signs designed by a local historian will be placed along the harborwalk. Other improvements include decorative railings and benches, pedestrian scale lighting and trash receptacles. The design ' also includes a future access point from the City's future park on Peabody Street and minor landscaping. No new paved parking areas are proposed and no changes to storm drainage are proposed. Construction is expected to commence in the Fall of 2007 and be completed in the Spring of 2008. Wetland Resource Areas ' Project activities are proposed in three resource areas, Land Under Ocean, Coastal Bank and Land Subject to Coastal Storm Flowage as shown on Sheets 3 and 4 of 8. Activities proposed within Land Under Ocean are limited to the installation of an approximately 87 foot long section of new steel sheetpile to replace the existing deteriorated steel sheetpile wall located on the west end of the River. The new wall will be placed approximately 1'/z feet ' outboard of the existing wall. Other activities proposed within Land Under Ocean are the placements of fourteen, 12 inch diameter steel, concrete filled piles to support a section of the ' walkway over the river in front of the Mass Electric Substation. Activities proposed in Coastal Bank are limited to minor seawall repairs. ' Activities proposed in Land Subject to Coastal Storm Flowage and the 100-foot Buffer Zone include the following: ' • Removal of the existing stone dust walkway and portions of the landscape improvements installed by the Beverly Cooperative Bank along the west end of the ' River • Utility relocation and installation ' • Re-grading and installation of stone sub base for Harborwalk • Installation of concrete forms and pouring of concrete Backfill along south side of above grade Harborwalk to create vegetated slope ' • Installation of elevated section of Harborwalk including anchored footings, cross beams and pre-cast concrete panels • Installation of railings, lighting, seating and trash receptacles ' • Installation of public plaza ' 2 South River Harborwalk Notice of Intent ' . Installation of pile supported section of Harborwalk • Final grading and landscaping ' Wetland Impacts and Compliance with Performance Standards The project will impact approximately 230 square feet (sf) of Land Under Ocean as a result of ' the replacement steel sheetpile wall, fourteen, 12 inch diameter piles and 11,225 sf of previously disturbed Land Subject to Coastal Storm Flowage and Buffer Zone. There are no performance standards for Land Subject to Coastal Storm Flowage. Nevertheless the project ' will not have adverse impacts in this resource area. Best Management Practices ' To minimize surface disturbance, anchoring of the elevated, concrete panel section of the walkway will occur via combined steel tube supports/concrete footing with helical anchor piles. Booms will be installed in the South River to minimize silt and debris from entering the South ' River. 1 i 3 1 1 1 1 I ' 1 ATTACHMENT 3 Abutters List and Notification Form 07/11/2007 Salem Pape 1 of 1 ParcellD Location Y Owner Co-Owner Mailinq Address Citv State Zio 34-0187-0 287 DERBY ST RE ET CLARKE DONALD J P O BOX 829 _.._ 4 SALEM n.. -MA 01970.0777 34-0232-0 9 PEABODY STREET BEVERLY COOPERATIVE BANK 254 CABOT STREET BEVERLY MA 01915 34-0379-0 60 PEABODY STREET 56 PEABODY ST CONDO TRIBENA C/O JAMES OBRIEN 26 ELLSWORTH ROAD PEABODY MA 01960 34-0381-0 52 PEABODY STREET DECEMBER TRUST THE FEUERSINGER MICHAELtSfv 52 PEABODY STREET SALEM MA 01970 34-0382.0 46 PEABODY STREET SALEM POINT LIMITED PARTNSHF 102 LAFAYETTE ST SALEM MA 01970 34-0383-0 38 PEABODY STREET SALEM POINT LIMITED PARTNSHF 102 LAFAYETTE ST SALEM MA 01970 34-0384-0 34 PEABODY STREET SALEM POINT RENTAL PROP COR 102 LAFAYETTE STREET SALEM MA 01970 34-0385-0 24 PEABODY STREET LAFAYETTE HOUSING LIMITED PARTNERSHIP 102 LAFAYETTE ST SALEM MA 01970 34-0386-0 20 PEABODY STREET SALEM POINT LIMITED PARTNSHF 102 LAFAYETTE ST SALEM MA 01970 34-0395-0 23 WARD STREET SALEM POINT LIMITED PARTNSHF 102 LAFAYETTE ST SALEM MA 01970 34-0396-0 37 WARD STREET 37 WARD STREET TRUST HOLLAND CHARLES W TR 550 WALNUT STREET#305 LYNN MA 01906 34-0430-0 73 LAFAYETTE STREET BEVERLY CO-OPERATIVE BANK 254 CABOT STREET BEVERLY MA 01915 34-0431-0 75 LAFAYETTE STREET BEVERLY CO-OPERATIVE BANK 254 CABOT STREET BEVERLY MA 01915 34-0432-0 85 87 LAFAYETTE STREET BEVERLY CO-OPERATIVE BANK 254 CABOT STREET BEVERLY MA 01915 34.0433.0 89 LAFAYETTE STREET MASSACHUSETTS ELECTRIC CO C/O PROPERTY TAX DEPT 25 RESEARCH DR WESTBOROUGH MA 01582 34-0434-0 91 LAFAYETTE STREET WENDYS OLD FASHIONED HAMBL OF NEW YORK INC P O BOX 256 DUBLIN OH 43017 34-0435-0 15 PEABODY STREET SALEM CITY OF SALEM MA 01970 34-0436.0 25 PEABODY STREET MASSACHUSETTS ELECTRIC CO CIO PROPERTY TAX DEPT 25 RESEARCH DR WESTBOROUGH MA 01582 34-0437-0 24 CONGRESS STREET SOUTH HARBOR HOLDINGS LLC P O BOX 829 SALEM MA 01970 34-043M 283 DERBY STREET SOUTH HARBOR HOLDINGS LLC P O BOX 677 SALEM MA 01970 34-044M 285 DERBY STREET SOUTH HARBOR HOLDINGS LLC P 0 BOX 829 SALEM MA 01970 34.0441-0 289 DERBY STREET 289 DERBY STREET REALTY TRUf BELLEAU GEORGE D TR 532 LOWELL STREET PEABODY MA 01960 34-0442-0 295 DERBY STREET AMERADA HESS FAC BUSINESS- TAX DEPT 21334 ONE HESS PLAZA WOODBRIDGE NJ 07095 34-0443-0 311 DERBY STREET SOUSA JEROME R JR P O BOX 224 NORTH HAMPTONNH 03862-0224 34-0444-0 315 DERBY STREET SALEM CITY OF 34.0445.0 47 CONGRESS STREET SHETLAND TRUST LAPPIN ROBERT I TR P O BOX 988 SALEM MA 01970 35-0259-0 300 DERBY STREET CLCV RLTY TR/MAROTTA KIM TR C/O MAROTTA LOUISE P 0 BOX 257 MEDFORD MA 02155 End of Report 0! �p. �` Sn r � ` RL; ..'gr �'�R§ '{���; acr� ��r�p�yi t. ��.i�i- sP2�lP.1 of 2 •. 1C- ParcellD Location Owner CO.OWner 4-0485.801 51 U201 LAFAYETTE STREET U201 DERBY LOFT LLC ✓ Mailinq Address CItV State Zip r7gRCG LLC 17 IVALOO STREET SUITE L SOMERVILLE MA 02143 34-0485-803 51 U203 LAFAYETTE STREET U203 RING DAVIDmum 34-0485-804 51 U204 LAFAYETTE STREET U204 VAN TUYL MICHAEL C RING LINDA 51 LAFAYETTE ST U203 SALEM VAN TUYL 51 LAFAYETTE ST U204 SALEM MA 1 MA 01970 34-0485.807 51 U207 LAFAYETTE STREET U207 VAN PAASEN WILLIAM JOSEPH DERBY LOFTS NOM`fRANILI 51 LAFAYETTE STREET U20'SALEM 34-0485-808 51 U208 LAFAYETTE STREET U208 MCGETTRICK MARK MA 01970 34-0485-809 51 U209 LAFAYETTE STREET U209 MCCAFFERTY BRIAN SHULMAN JESSICA 51 LAFAYETTE ST U209 SALEM MCCAFFERTY BETH 51 LAFAYETTE ST U209 SALEM � 07970 MA 07970 34- 12 51 U301 LAFAYETTE STREETU301 NORTHCUTT MICHAEL BU 34-0485-813 51 U302 LAFAYETTE STREET U302 DUTRA NICOLE E i Ulm 51 LAFAYETTE ST U302 SALEM MA 01970 34-0485-816 51 U305 LAFAYETTE STR U305 ARENA STEPHEN J JR 34-0485-817 51 U306 LAFAYETTE STREET U306 PHASE II SERIES OF PEABODY CROSSING REALTY,LLC 51 LAFAYETTE ST U305 1 LAFAYETTE ST 5 SALEM SALEM MA 01970 34-0485-818 51 U307 LAFAYETTE STREET U307 TRODELLA CLAIRE D MA 01970 3 85-819 St U308 LAFAYETTE STREET U308 TRODEO JONA IRE 51 LAFAYETTE STREET U30' SALEM MA 01970 DEMI010 RIA 51 LAFAYETTE ST U308 SALEM MA 01970 34-0485-822 51 U311 LAFAYETTE STREET U311 PARRELLA DANENE CRONIN DAN uisfu 34-0485.823 51 U401 LAFAYETTE STREET U401 WULC VICTOR 51 LAFAYETTE STREET U37'SALEM Mq 34-0485-824 51 U402 LAFAYETTE STREET U402 AARONS BRENDAN WULC MARYLYNN 51 LAFAYETTE ST U401 SALEM MA 01970 LEIDLE AMY JEAN 57 LAFAYETTE ST U402 SALEM MA 07970 51 4 0 4 AUS MA L N ' A DANI L -0485-829 57 U407 LAFAYETTE STREET U407 LEVINE SCOTT J 51 LA AY 51 LAFAYETTE E STREET U4 i L M MA It ST U407 SALEM MA 01970 34.0485.832 51 U410 LAFAYETTE STREET U410 GLICKMAN,ELAINE'S --- GLICKMAN LAWRENCE 51 LAFAYETTE STREET U4U SALEM MA 01970 34.0485-635 51 U502 LAFAYETTE STREET U502 STUTNIK HELENA J 4-0485-836 51 U503 LAFAYETTE STREET U503 WULC VICTOR 51 LAFAYETTE STREET U50: SALEM MA 07970 WULC MARY LYNN 51 LAFAYETTE ST U401 SALEM MA 01970 34-0485 838 51 U505 LAFAYETTE STREET U505 BLATSOS MARYANN 51 LAFAYETTE STREET U50: SALEM MA 01970 34-0485-840 51 U507 LAFAYETTE STREET U507 WALKER RICHARD F WALKER SHIRLEY C 51 LAFAYETTE ST U507 SALEM 34-0485-841 51 U508 LAFAYETTE STREET U508 BROWN TODD D WAGNER KIRSTEN E 51 LAFAYETTE ST U508 SALEM MA 01970 34-0485-842 51 U509 LAFAYETTE STREET U509 SPIESSL RICHARD C MA 01970 VOSIK SUSAN M 51 LAFAYETTE ST U509 SALEM 34-0485.843 51 U510 LAFAYETTE STREET U510 JOHNS EDWARD FRANCIS JOHNS DAWN MARIE 8 EDGAR WALKER COURT HINGHAM MMA A 01970 4.0485-844 51 U511 LAFAYETTE STREET U511 REGIS JAMES 51 LAFAYETTE ST U511 SALEM MA 01970 - x:x " P' a "� �7', ' `47 .+7dr3:1%C F''.FS?...,,��..�� :'.:pia""r �s r .- - �.��n �i( n.•` `. t s•, r 7•u 1 r''xi"N. t PBAe 2'.Of fSX-S'1 -2 , . _ 'Ko` i ._= ._ �t -f 1 h/ih4'1?w.... '�i•. '"' -rY�s.,a �d+�a V.�i-J I?'3�l't �t`" G-� �4 y ` .. _._.. _,..,_:.. - ..'__ ..__: .—�: -- ttix--=±r�x"= .+:"�i{^sa.�u"�'...:`I�'!'.,o -^"Ti.t"...� j hi is r>,c ` ,..: .• �. ParcellD Location Owner Co-Owner Mailing Address City State Zip 34 0485 847 51 U603 LAFAYETTE STREET U603 ABELSON CLIFFORD N 34-0485-848 51 U604 LAFAYETTE STREET U604 COSTAGLIOIA THOMAS J .. ABELSON SUSAA:J 51 LAFAYETTE ST U603 SALEM MA 01970 34.0485-849 51 U605 LAFAYETTE STREET U605 COSTAGLIOLA THOMAS J 51 LAFAYETTE STREET U60•SALEM MA 01970 51 LAFAYETTE STREET U60• SALEM MA 01970 34-0485-551 51 U607 LAFAYETTE STREET L007 607 DERBY LOFT TRUST HANSBURY.PHILIP J TR 51 1 AFAYETTE STREET U60'SALEM "MAO 34.0485-855 71 Cl LAFAYETTE STREET C1 71 LAFAYETTE STREET R T WALSH DAVID NI•TR 71 LAFA- E STREET Cl SALEM 34-0485-856 71 C-2A LAFAYETTE STREET C-2A DERBY LOFT LLC I C/O RCG LLC 17 IVALOO STREET SUITE 11 SOMERVILLE MA 02143 34-0485-857 71 C-28 LAFAYETTE STREET C-28 NEW CIVILITEA HOLDINGS LLC 8 CAVENDISH CIRCLE SALEM MA 01970 34-0485.859 71 C-3 LAFAYETTE STREET C-3 DIFILLIPO RICHARD A 71.LAFAYETTE ST UG3 SALEM MA 01970 End of Report 1 � . 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 Salem The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of ' Salem seeking permission to remove, till, dredge or alter an Area Subject to Protection Under the Wetlands Protection Act(General Laws Chapter 131, section 40). C. The address of the lot where the activity is proposed is South River ' D. Copies of the notice of Intent may be examined at Salem City Hall, 120 Washington Street between the hours of and on the following days of the weeks ' Monday through Wednesday 8:00 am to 4700 pm and Friday 8700 am to 12 00 pm and Thursday 8:00 am to 7:00 pm For more information, call: (978)619-5685 Check One: This is the applicant .representative-__,or other X(specify): Salem City Hall E. Copies of the Notice of Intent may be obtained from either(check one)the_ applicant, or the applicant's ' representative X by calling this telephone number (978) 465-1428 between the hours of 9:00 a.m. and 5:00 o.m on the following days of the week: Monday through Friday ' F. Information regarding the date, time, and place of the public hearing may be obtained from ' Salem Conservation Commission by calling this telephone number (978)619-5685 -between the hours of and on the following days of the week: ' Monday through Wednesday and Friday 8 00 a.m. to 4 00 p.m. 7 Thursday 8:00 a.m.-- 7:00 p.m. Check One: This is the applicant representative or other X.(specify): Salem City Hall ' NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five (5) ' days in advance in the Salem Evening News Name of newspaper NOTE: Notice of the public hearing, including its date, tine, and place, will be posted in the City or Town Hall not less than forty-eight(48) hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental ' Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call: Northeast Region: (617)654-6601 1 1 1 1 1 II ' ATTACHMENT 4 List of Plans 4 t South River Harborwalk Notice of Intent ' Abutters List ' ATTACHMENT LIST OF PLANS Figure 1 Locus Plan ' Sheet Cover, Prepared by Vine Associates, Inc. dated 7/13/07 ' Sheet 1 of 8 Existing Conditions Plan, prepared by Vine Associates, Inc. dated 7/13/07 ' Sheet 2 of 8 Existing Conditions Plan, prepared by Vine Associates, Inc. dated 7/13/07 Sheet 3 of 8 Proposed Work Plan, prepared by Vine Associates, Inc. dated 7/13/07 ' Sheet 4 of 8 Proposed Work Plan, prepared by Vine Associates, Inc. dated 7/13/07 Sheet 5 of 8 Proposed Walkway Profile, prepared by Vine Associates, Inc, dated 7/13/07 ' Sheet 6 of 8 Sections and Details, prepared by Vine Associates, Inc. dated 7/13/07 Sheet 7 of 8 Elevated Walkway Details, prepared by Vine Associates, Inc. dated 7/13/07 ' Sheet 8 of 8 Miscellaneous Details, prepared by Vine Associates, Inc. dated 7/13/07 1 �I �l GRANITE KOIX BENOI �,N n.,•.a°.. ..,a, i'i 51. BLOO GRANITE (BENO1 PIMI DETAIL '•"":'4i�,`,'.. V NT5 'A UN Frei Ogeurtr0 I � VL WHmE show,aN.,.o o.crN /ZSHRUB�RANrtNr LJ NTS CONSTRUCTION DETAILS L-4 ` ate o m,N�w.,m,roa,. ° a �P UERBYEEN� S t0 CONGR_55 SmEET WOOD 5172EEN � susM, NusacNusEns NTS vine NTS 'a tj r ff�y �.} ��,(l _ gh .• �;}-, 't/��( Jam' \ C''�. \` �':S\\` Y ' YID . .}• _ \` ly './��irsy _ .6.- 'mot 1 III _ r i� tl� _: • p• + en .� •• r Sub BOB ar Safe ' ► `�\� �l© }--i { B �� .• CO O % S � \i5^a18PTi Y@71'iltk'i[ 1i Hal �CH -. �. �• r s p 8 �' ire,` p� '> 9tc3riczt• e �t""�� • • d1�`YY �l B, l � ..•h MAFB ...�. `` Y�V�frt �= \>> .'Aoht a a afger- AV T 7 ' : \ �S.ITE Pain Ito SR M f ST ;+ e` R 0 , LOCUS PLAN. FIGURE 1 NNE ASSOCIATES, INC NE"URWORT, MASSACNUSETTS Frank Taormina=o From: David Smith [dsmith@vineassociates.net] Sent: Thursday, July 12, 2007 1:14 PM To: Frank Taormina Subject: borings Frank, Hi —everything went fine yesterday. Both borings went down around 40 feet. Site was restored —no runoff. No problems. No cable hit. Never saw Bill. David A. Smith Project Manager Vine Associates, Inc. 372 Merrimac Street Newburyport, MA. 01950 (978) 465-1428 ph (978) 465-2640 fax dsmith@vineassociates.net www.vin eassociates.net Please note our new address... 7/12/2007 LAFAYETTE ,,7 � � �I_ EXISTING BUILDING 'as t -`�i'S^•,�. :J f'!' I (85-87 Lafayette St.) 'ii ao Beverly Looperotive Bonk '�-. � • � • Lot 134-0430 (93 Lafayette St.) \ \ � LOCUS EMIS O UNDERGROUND ass. Electric Co \EL,`` DUCT LINE Lot JJ34-0433 �c BITUMINOUS a \\ PARKING ' ••• \` Iu ? a x d.6' VAULT � �GRAvrt CURB a p C.WAIL q 6' GRANITE CUR PLANTING ° G. POL a /// ` ELEC. BOY ' 'a '•P EOUI MENT / `m1 Wendy's Old Fashion Hamburg of NY, Inc. DOLLAR WALKWAY uewnr LESS Lot #34-0434 O FORAC EPi .P PWITBIG [+ (91 Lafayette St.) C . TONE DUST WALKWA - t-1 . STAB • ° T WµKWPY P EKISING CONC _ "'NE OJS lJ LIONT POLE f Pvc PIPE ,ROPOSED'-'B RING ' - uNnNcs _ e LOCATIONS EXISTING R STEEL SHEETING WALL w LIGHT POLE UTILITY PULE w/CONCRETE CAP W/PLOODVGH \ b/CHAIN LINK FENCE x12'OUTFALL �N s EXISTING CXAINLINk FENCE Ej I +\ FENCE c GRANITE BLOCK WALL GRANITE WALL B11. CONC. PAVEMENT WED. DETERIORATED TIMBER FENDER PILES 6'CHXINDNK FENCE FLOW [ONCNETE WALL SOUTH RIVER EBB Jerome R. Sou - - - n 34-04 d _"w rs �wclPRBs lRc �.. = e KTKBYB.RX.. PI.,P Lot " (311 Derby ry BORING LOCATION BORING LOCAfi&TION SITE PLAN SITE PLAN h national ri July 9,2007 Mr. Kevin Comacchio Chairman City of Salem Conservation Commission 93 Washington Street Salem,MA 01970 Re: Salem Tax Assessor Parcel#34-0433 and#34-0436(collectively,the"Property") Dear Mr. Comacchio: This letter relates to the City of Salem's filing of a Notice of Intent with the Salem Conservation Commission for construction and maintenance of the South River Harborwalk(the"Improvements")that will affect a portion of the Property referenced above owned by Massachusetts Electric Company("MEC"). MEC is currently negotiating the terms of an agreement with the City of Salem to permit the construction and maintenance of a portion of the Improvements on the Property subject to certain terms and conditions which will be set forth in a written license agreement between the parties (the"License Agreement"). As an accommodation to the City of Salem to allow the City to proceed with its permitting for the Improvements prior to finalization of the License Agreement, this letter provides the City with"written permission from the landowner" under 310 CMR 10.05(4)(a)to file a Notice of Intent with the Salem Conservation Commission for those Improvements that affect the Property. Please note that this letter authorizes only the filing of the application and does not indicate any endorsement of the contents thereof nor does it authorize the construction of the Improvements on the Property. While we are working cooperatively with the City of Salem on this project, our paramount interest is to ensure that whatever work and improvements are performed on the Property does not interfere with our property rights or MEC's ability to fulfill its obligations to serve its customers. If you have any questions,please contact Steve Towle, Senior Real Estate Representative for National Grid, at(508) 389-9115. Very truly yours, A -kur. Robert G Seega Assistant Treasurer 25 Research Drive,Westborough,MA 01582-0001 ■ w .nationalgrld.eom Frank Taormina From: David Smith [dsmith@vineassociates.net] Sent: Tuesday, June 12, 2007 7:26 AM To: Frank Taormina Cc: Susan St. Pierre; David Vine Subject: Geotechnical Borings - Steel sheetpile Wall - Harbonvalk Frank, Attached is the proposed boring layout plan showing where we would like to perform 2 geotechnical borings behind the steel sheetpile wall. Access to this area would most likely be through the bank drive-thru entrance at Derby Street. I would figure that the truck mounted drill rig could easily go over the curbing and onto the existing stone dust path to access the boring locations behind the wall. None of the park features should be affected and we should be far enough away from the culvert and the electric line (the driller will also call dig safe prior to work). The work should be able to be performed in 1 day. Borings will go to a depth of 30 to 40 j feet or refusal. I will call the drillers today to find out their schedule (usually they are about 2 to 3 weeks out). I assume that the City will notify/contact the Bank of this upcoming boring work. David A. Smith Project Manager Vine Associates, Inc. 372 Merrimac Street Newburyport, MA. 01950 (978) 465-1428 ph (978) 465-2640 fax dsmith@vineassociates.net www.vineassociates.net Please note our new address... 6/12/2007 Y,AFAYETTE .STREET 4$� �~ EXISTING BUILDING n 3-µ y%•', // (85-87 Lafoyette St.) , Beverly Cooperative Bonk Lot J34-0430 o \ a (93 Lafayette St.) + ` "91"°NLQCUS 1 CVl o wrrl- rm E%IS G UNDERGROUND Moss. Electric Co. ELEC DUCT LINE Lot J(34-0433 A n BITUMINOUS / PARKING P1 }4'ss VAULT GRANIT CURB v m CONC. WALL w I� \ 6" GRANITE CURB '9 PLANTING XISTING 11m� ICHT N ® l ELEC. Box 'm `N EQUI MENT Wendy's Old Foshion Hamburg of NY, Ina DOLLAR BRICK WALKWAY CESS ° N Lot J34-0434 0 AL AccE (91 Lafayette St.) '^ TONE DUST FOR cul.vERr P�,NrwO � WALKWA ®SUB e rT u STONE DUST µALRWAv EXISTING y LIGHT POLE E avc EXPOSED ROPOSED B RING T - IANTINGs LOCATIONS STEEL SHEETING WALL EXISTING UTILITY POLE w/CONCRETE CAP LIGHT POLE µ/FLOODLIGH w/CHAIN LINK FENCE t12' OUTFALL EXISTING CHAINLINK FENCE � GRANITE BLOCK WALL GRANITE WALL BIT. CONC. MISC. DETERIORATED PAVEMENT TIMBER FENDER PILES 6'CHAINLINK FENCE ,� CONCRETE WALL SOUTH RIVER FLOW EBB Jerome R. Sou Vine r= "_ "'_""__ (31 1 LotDerby 4 �`'ASSOCIATES,INC. :pfom)`.-H oo� BORING LOCATION SITE PLAN BORING LOCATION uALc: ,•=Ao• SITE PLAN