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64-386 - 115 SWAMPSCOTT ROAD - CONSERVATION COMMISSION `� Y.. 7 -y /fS Ju rpCo Sy,d✓S�s�eJ. - - — 109P'iel,'`e- — t t � BSC GROUP R P r 3.11 0 2006 - 15 Elkins Street L. J; '=1.;''!!StG o� Boston, MA 02127 - January 3, 2006-. - - - Tel: 617-896-4300 Fax: 617-896-4301 Mr. Frank Taormina, Planner/Conservation Agent Salem Conservation Commission- " City Hall Annex 120 Washington Street, 3rd Floor Salem, MA 01970 RE: Aggregate Industries 115 Swampscott Road Certificate of Compliance DEP File No. 64-386 Dear Mr. Taormina: This letter is to notify you that the Certificate of Compliance for DEP File No. 64-386 was recorded at the Essex Southern District Registry of Deeds on December 28, 2005, book number 25234, page number 139. Enclosed please find page 4 of WPA Form 8B and a copy of the receipt from the Essex Southern District Registry of Deeds. If you have any questions regarding this matter,please contact me at (617) 896-4355. Sincerely, BSC Group, Inc. Timothy itman Environmental Planner Enclosures: . cc: Robin Ellis,Aggregate Industries Engineers . - - - - Environmental - - Scientists - - CIS Consultants Landscape Architects - Planners Surveyors G:\8901300\Administration\010305tw Ltr to Robin E.CoC 64-386.doc - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 115 Swampscott Road #64-386 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Aggregate Industries Property Owner and has been noted in the chain of title of the affected property on: is la���S Q3-c-�La> 13 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 w aform 8b.doo•rev.7/13/04 Page 4 of 4 L E__e.:: Southern Di=.t.rict. Registry of Deed_ 36 Federal Street _. Salem, MR 01970 12/28/2005 Time; 12a16 Type: OTHER L= in=t. 164 SK: 25234-139 FEE 55W A ENU FEE 20.400 Paument 75.00 F n ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Aggregate Industries computer, use Name only the tab key to move 1715 Broadway your cursor- Mailing Address do not use the Saugus MA 01906 return key. City/Town State Zip Code .AIM I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Roberta Ellis Name March 3, 2005 #64-386 Dated DEP File Number 3. The project site is located at: 115 Swampscott Road Salem Street Address Cityrrown MAP 11 LOT 0002 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Aggregate Industries Property Owner(if different) Essex 2150 251 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: November 15, 2005 Date B. Certification Check all that apply: 0 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 onty 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: wpalom ab.oac•rev.7/13/e4 Page 1 of l I , Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring,that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem November 17, 2005 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and a prla a EP Regional Office (See Attachment). Si ur wpafom ftAw•rev.7/13/04 Page 2 014 • 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 17th November 2005 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Joe Furnari, David Pabich, Keith Glidden, Michael Blier, &Kevin Carr, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Citylrown i, FRANK TAORMINA \.), Notary Public My Commission of on Expires - My Commission Expires April 27,2012 Sign ure o4Wtvf Public Printed Name of Notary Public My mmis 'On E fires(D e) Place notary seal and/or any stamp above Signs re of No ry blic wpafo"BbAm•rev.7/13104 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 115 Swampscott Road #64-386 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Aggregate Industries Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpalorm 8E.doo•rev.7/1104 Page 4 of 4 BSC GROUP g Elkins.Street Boston, MA 02127 Tel:617-896-4300 November 3, 2005 Fax: 617-896-4301 City of Salem Conservation Commission City Hall Annex 120 Washington Street, 3`d Floor Salem; MA 01970 Re: Request for Certificate of Compliance Aggregate Industries — Order of Conditions DEP File No. 64-386 Dear Members of the Commission: On behalf of Aggregate Industries,BSC Group, Inc. (BSC) is pleased to submit this request for a Certificate of Compliance for work completed under Order of Conditions DEP File No. 64-386 issued on March 10, 2005. Work completed under the aforementioned Order.included the removal of landscaping debris consisting of branches, boulders, leaves, soil,bricks adjacent to a cart path and seeding of the disturbed areas with a native seed mix. Work under Order of Conditions 64-386 was completed in accordance with the General Conditions, attached Special Conditions, and the Notice of Intent Application Site Plans (Exhibit Plan of Land 115 Swampscott Road) dated 3/08/05. Enclosed please find an"As-Built" survey plan stamped by a Registered Land Surveyor. This plan was completed on October 24, 2005 and shows post-construction conditions including the topography, wetland resource area boundaries and associated buffer zone, and the limit of work. To assist in your review, enclosed please find seven(7) copies of WPA Form 8A, Request for Certificate of Compliance, "As-Built" survey plan dated October 24, 2005 and Order of Conditions DEP File No. 64-386. If you have any questions, please do not hesitate to contact either Robin Ellis at 781-941-7200 or myself at 617-896-4514. Thank you for your consideration in this matter. Sincerely, BSC Group, Inc. Engineers Environmental Scientists Ingeborg Hegemann Vice President of Ecological Services GIS Consultants . . Landscape cc: Robin Ellis, Manager of Environmental Quality and Real Estate,Aggregate IndustrA'chitects File Planners Surveyors F:\8932900\Salem NOI\C of CM0205tw CofC cover leuer.doc - CO . Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance 64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Aggregate Industries (Attn: Roberta Ellis) computer, use Name only the tab key to move 1715 Broadway your cursor- Mailing Address do not use the Suagus MA 01906 return key. Citylrown State Zip Code +� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Aggregate Industries (Attn: Roberta Ellis) Applicant 3/10/05 64-386 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 115 Swampscott Road Salem an Order of Street Address City/Town Conditions,the property owner MAP 11 Lot 0002 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance from the issuing authority stating Property Owner(if different) that the work or Essex 2150 251 portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that (check one): ®.the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.dw•rev.7/13/04 Page 1 of 2 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 8A — Request for Certificate of Compliance 64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request,to the appropriate DEP Regional Office (see Attachment). wpaform8a.doc•rev.7/1 M4 Page 2 of 2 ZM t rM • t . t 3$ � T � t r .K i.�-,<*�r•-�ks�a� a tM t Yll IL y �Y (r'fi�`•t4 �t t '� + �11" fa'�� M "e .. ; ��Y:��t��'.�`�h A / } ' � P i If P r f M 1, J '� rj�'�y i ✓ r ' ' � y k Certificate of Compliance Photo Log Aggregate industries 11S Swampscott Road #64-386 �Sl�• } tiVa� `4.1 � 9 }qy � ` • � I II( 4 i pe �,j }f' 4f ` t ✓ {fig. i Yew of the toe of slope and tributary to Forest River WE ,� # P I s •*.�,i'^'i DIY ��f '1f'i i Yew of the toe of slope and tributary to Forest River I . 1 . ael vv 5 ', F 4* lr i '. k ,� fi.4tS'-r 7��s_ ,r•' v Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . Illlllllllillllllllllllllllllllllllillllllllll A. General Information 2005032900613 804110 Pg;485 03/29/2005 13:40:00 OTHER Pa 1113 Important: Salem _ _ _ _ When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Roberta Ellis Aggregate Industries use the return a.First Name b.Last Name c.Company key. 1715 Broadway d.Mailing Address - " Saugus MA 01906 e.Cityrrown I.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address - - e.Cityrrown _ f.State g.Zip Code 5. Project Location: 115 Swampscott Road Salem a.Street Address _. b.Cityrrown MAP 11 LOT 0002 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: N42 29.571' W70 54.954' 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) 2150 251 c.Book d.Page z Dates: 1131/05 3/10105 3/10/05 a.Date Notice.of Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Exhibit Plan of Land 115 Swampscott Road a.Plan Title BSC Group James E. Paterson b.Prepared By c.Signed and Stamped by March 8 2005 1" =20' d.Final Revision Date - e.Scale I.Additional Plan or Document Title g.Date 9. Total WPA Fee Paid: $165.00 $70.00 $95.00 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wPYOM5.doc• rev.wl/os ;__ Page 1 of 9 Commomvealth of Massachusetts Division of Fisheries & Wildlife MassWi/d/ife )t>ELP (01—3810 Wayne F.MacCallum,Director August 31,2006 Salem Conservation Commission RECEIVED Town Hall,93 Washington St. One Salem Green Salem,MA 01969 SEP 0 5 2006 RE: Applicant: Roberta Ellis, Aggregate Industries DEPT. Of PLANNING& Project Location: 30 Danvers Road COMMUNITY DEVELOPMENT NHESP Tracking No. 05-17413 Dear Commissioners, The Natural Heritage and Endangered Species Program of the MA Division of Fisheries and Wildlife is awaiting information about above noted project. Our records indicate that review of this project is ongoing and that we require the information checked below in order to proceed with our review. Please send the NHESP these items as soon as possible. _X_ Final Orders of Conditions(OOC's) Massachusetts Endangered Species Act(MESA)application with associated fee *for more information on the MESA, please visit our website at: www.nhesp.org Habitat assessment/survey as requested in prior NHESP correspondence A Botanical Survey as requested in prior NHESP correspondence Revised site plans Update on the status of a Conservation Restriction (CR)/proof of recording Other: Please note that an official `Study Protocol' (including the resumes of the persons proposed to conduct survey work) must be submitted and approved by the NHESP prior to the initiation of a rare species study. In addition,a Scientific Collection Permit must be obtained prior to the handling of any state-listed rare species. Please contact, Rebecca Skowron, Endangered Species Review Assistant at 508-792-7270 ext. 148, rebecca.skowronga state.ma.us, or send us any information you have which will allow us to proceed with our review. www.masswildlife.org Division of Fisheries and Wildlife Field Headquarters,One Rabbit Hill Road, Westborough, MA 01581 (508)792-7270 Fax(508)792-7275 An Agency of the Department of Fisheries, Wildlife& Environmental Lmv Enforcement Commonwealth ojMassachusetts iA—dl R E U E IV E Division of MAR 5 200 05 -�, Fisheries & Wii l NT MassWi/d/ife Wayne F. MacCallum,Director March 23,2005 Salem Conservation Commission Town Hall,93 Washington St. One Salem Green Salem,MA 01969 RE: Applicant: Roberta Ellis,Aggregate Industries Project Location: 30 Danvers Rd Project Description: Removal of debris in a 7,300 square foot area of Buffer Zone adjacent to Thompson's Meadow NHESP File No. 05-17413 Dear Commissioners: The applicant listed above has submitted an amended Notice of Intent and site plans(dated 3/8/05)to the Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries& Wildlife, in compliance with the rare wildlife species section of the MA Wetlands Protection Act Regulations(310 CMR 10.58& 10.59),for the subject project. Based on our review of the additional submittal and a review of the NHESP database,we have determined that this project occurs near the actual habitat of state-listed rare wetland bird species. As previously indicated, it is our opinion that the proposed project will not adversely affect the actual habitat of state- listed rare wildlife species provided the following are incorporated into the Final Order of Conditions: • All removal of debris must be completed by May 15,2005. • The revegetation of all disturbed areas within 50 feet of the unnamed perennial stream as shown on the site plan(dated 3/8/05)shall include native woody shrub species similarly found in riparian corridors of northeastern MA. Additional plantings will aide in water quality control of downstream wetlands that currently provide habitat for rare species. Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. Please forward a copy of the Final Order of Conditions to our office. If you have any questions regarding this letter please contact Dan Nein at(508)792-7270, ext 151. Si erely, Thomas W.French,Ph.D. Assistant Director . cc: „, Roberta Ellis,Aggregate Industries . Ingeborg Hegemann, BSC Group,Inc. DEP Northeast Region, Wetlands Section www masswildlife ore Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax(508) 792-7275 An Agency of the Department of Fisheries, Wildlife& Environmental Law Enforcement Mar 07 05 10: 28a p. 1 ls� CO �SQ Cvm,.onwt rhh o/Mvunr/wSPU Division of Fisheries & Wildlife MasSWi/d/ile c r March 4,2005 D MAR 07f 2005 Salem Conservation Commission Town Hall,93 Washington St. One Salem GreenCMAVO 8Off Salem,MA 01%01969 RE: Applicant: Roberta Ellis,Aggregate indlistries Project Location: 30 Danvers Rd Project Description: Removal of landscaping debris in a 3,000 square foot area that is adjacent to ThornMon's Meadow NHESP File No. OS-17413 Dear Commissioners' The applicant listed above has submitted a Notice of Intent and site plans(dated 1/27/05)to the Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries&Wildlife,in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations(310 CMR 10.59),for the subject project. Based on a review of the information that was provided and the information that is currently contained in our database,the NHESP has determined that this project occurs near the actual habitat of state-listed rare wildlife species. It is our opinion that this project,as currently proposed,will not adversely affect the actual habitat of state-listed ran.wildlife species provided the following is incorporated into the Final Order of Conditions! All removal of debris must be completed by May 1,ZM Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. Thomas W.French,Ph.D. Assistant Director cc: Roberta Ellis,Aggregate Industries Ingeborg Hegemann,BSC Group,(ne. DEP Northeast Region,wetlands Section wwt,mdsswildlife ore Division of Fisheries and wildlife Field Headquarters,One Rabbit Hill.Road, Westborough,MA 01581 (508)792.7270 Fat(508)792-7275 An Arm"nreha nn m~of G:.h..i_ w:ur:... r.._,._..__._..,..... .. 906-4 Zoo/zoo-d IE0-1 1281211005 NHd dds ON3 7 lil3N lvilolrN alm 4 Nsw-mli o11 so02-r0-to Commonwealth of Massachusetts RECEIVED A2005 Division of NING DEPPT.T, ° g OF PLA.:dNING& COMMUNITY�EVELOPMENT J Fisheries & Wildlife lWassWi/d/ife Wayne F. MacCallum,Director March 4, 2005 Salem Conservation Commission Town Hall, 93 Washington St. One Salem Green Salem,MA 01969 RE: Applicant Roberta _Ellis; Aggregate Industries Project Location: 30 Danvers Rd Project Description: Removal of landscaping debris in a 3,000 square foot area that is adjacent to Thompson's Meadow NHESP File No. 05-17413 Dear Commissioners: The applicant listed above has submitted a Notice of Intent and site plans(dated 1/27/05)to the Natural Heritage &Endangered Species Program (NHESP)of the Massachusetts Division of Fisheries&Wildlife,in compliance with the rare wildlife species section of the Massachusetts Wetlands Protection Act Regulations(310 CMR 10.59), for the subject project. Based on a review of the information that was provided and the information that is currently contained in our database, the NHESP has determined that this project occurs near the actual habitat of state-listed rare wildlife species. It is our opinion that this project, as currently proposed, will not adversely affect the actual habitat of state-listed rare wildlife species provided the following is incorporated into the Final Order of Conditions: • All removal of debris must be completed by May 1,2005 Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. Sin ely, W. Thomas W. French, Ph.D. Assistant Director cc: _ Roberta Ellis, Aggregate Industries Ingeborg Hegemann; BSC Group, Inc. DEP Northeast Region,Wetlands Section www masswildlife org Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road, Westborough, MA 01581 (508) 792-7270 Fax(508) 792-7275 An Agency of the Depoi invent of Fisheries. Wildlife& Encironmenial Law Enforcement j BSC GIOUP iS Elkins Street Boston, P1A 02127 i' Tel: 617-896-4300 January 31., 2005 Fax: 6t7-896-430t Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive i Westborough, MA 01581 Re: Notice of Intent Application Aggregate Industries—Salem, MA Property To Whom It May Concern! BSC Group, Inc. (BSC)is writing to infoml you that we are submitting the attached Notice of Intent for Aggregate Industries (AI) for work in Salem, Massachusetts as required in the Wetlands Protection Act Regulations (310 CMR 10.00). The proposed work is located in an estimated habitat according to the Natural Heritage Atlas 2003 Edition. Aggregate Industries brought this matter to the attention of the conservation commission as soon as it became aware of the site conditions and is committed to restoring the area as soon as i possible. The proposed project includes the removal of landscaping debris from an area adjacent to T d P P P J P g g ThomP son's Meadow. The debris consists of landscaping materials such as branches, boulders, leaves, soil, and a few bricks that were placed in the buffer zone of an inland resource area. The area of landscape debris to be removed is approximately 3,000 square feet. Al intends to remove the debris during the winter/early spring prior to the active season of most state listed species. The project activities are on the outskirts of a designated estimated habitat area and we anticipate the activities will not have any adverse effects on any species or their habitat: For further details regarding the project and its location please see the enclosed application. If you have any questions, please do not hesitate to contact either Robin Ellis, Manager of Environmental Quality and Real Estate, at 781-941-7200 or myself at 617-896- 4383. Sincerely, Engineers BSC Group, Inc. Environmental Scientists Brad Washburn GIS Consultants Environmental Planner Landscape cc: Salem Conservation Commission Architects DEP, NERO File Planners 0:\89329001Salem NOANHESP.doc surveyors C� CITY OF SALEM CONSERVATION COMMISSION November 18, 2005 Robin Ellis Aggregate Industries 1715 Broadway Saugus, MA 01906 Re: Order of Conditions—DEP #64-386-115 Swampscott Road, Salem, MA Dear Ms. Ellis: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions or concerns, please feel free to contact me at 978-745-9595 x 311. Sincerely, c ran omuna Planner/Conservation Agent Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: t.Conservation Commission out forms on the computer, 2.This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Roberta Ellis Aggregate Industries use the return a. First Name b.Last Name c.Company key. 1715 Broadway d. Mailing Address m Saugus MA 01906 e.City/Town f.State g.Zip Code ado 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 115 Swampscott Road Salem a.Street Address b.City/Town MAP 11 LOT 0002 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: N42 29.571' W70 54.954' 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) 2150 251 c.Book d.Page 1/31/05 3/10/05 3/10/05 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Exhibit Plan of Land, 115 Swampscott Road a.Plan Title BSC Group James E. Paterson b.Prepared By c.Signed and Stamped by March 8, 2005 1" =20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: $165.00 $70.00 $95.00 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.dm• rev.311105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings i. 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: ® 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: ❑ 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. ❑ 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) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a linearfeet b.linearfeet c.linearfeet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.dx• rev.3W05 Page 2 of 9 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ 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 7. ❑ 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 8. ® Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft 7,300 7,300 7,300 7,300 c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.q q q square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) g. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas to. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt. d.cty nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.cly nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ 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 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaf=5.da• rev.3/1105 Page 3 of 9 L _ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 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 h I g de 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'J "File Number #64-386 " wpaform5.d=• rev.311105 Page 4 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-366 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more SEE ATTACHED space for additional conditions, select box to attach a text document wpafona5.da• rev.3H/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for P 9 P Y additional conditions, select box to attach a text document ❑ vvpafm 5.d=- rev.3/1/05 Page 6 of LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #t64-386 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 3//Obs condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: _'j This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: / Notary Acknowledgement T— Commonwealth of Massachusetts County of SS`e k On this �� off Day Month Year Before me, the undersigned Notary Public, c personally appeared Name of Document igner proved to me through satisfactory evidence of identification,which was/were Description of evidence f identificatio 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 S�� Conservation Commission City/town JIAIA D. MEDINA )''¢ Notary public Q � ,j JJCOMMOnwealN of MassaChi,SSt Si a ure of Notary Public My commisatcet ftlrea May 5,20tt- Printed Name of Notary Public Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on X by certified mail, return receipt requested,on 3/a//vs Date Date ' wpafomue dw• rev.117/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-386 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. wpafotm5.d=• 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 #64-386 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: SAELM Conservation Commission Please be advised that the Order of Conditions for the Project at: 115 Swampscott Road #64-386 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpafo 5.doc- rev.311/05 Page 9 of Attachment to Order of Conditions# 64-386 Page!of S SALEM CONSERVATION COMMISSION DEP FILE #64-386 115 Swampscott Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on a letter from the Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project occurs near the actual habitat of state- listed rare wildlife species.It is the opinion of NHESP that the project will not adversely affect habitat of state-listed wildlife species provided the removal of all debris is completed by May 1, 2005. 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 removal of landscaping debris in a 7,300 sq. ft. area and the stabilization of a slope that is adjacent to an unnamed river and Thompson's Meadow at 115 Swampscott Road, SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property; and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00. 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#64-386,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. The term"Applicant"as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: Attachment to Order of Conditions d 64-386 Page 2of S (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 authorit y of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 8. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Exhibit Plan of Land, 115 Swampscott Road Title March 8, 2005 Dated James E. Paterson 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 b the pP gn Y 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. Attachment to Order of Conditions N 64-386 Page 3of 5 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a PRE-CONSTRUCTION MEETING between the project supervisor, the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty (30)days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. Attachment to Order of Conditions # 64-386 Page'4of 5; DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps, slash; construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; Attachment to Order of Conditions k 64-386 Page 5of (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines, fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. After the slope has been determined stabilized by the Conservation Agent, the hay bales and silt fencing shall remain in place for six(6)more months before removal. 44. As required by NHESP, all debris shall be removed prior to May 1, 2005 to prevent potential adverse impacts to nearby habitats of state-listed wildlife species. I BSC GROUP. - g Elkins Street "Boston, MA 02127 March 10, 2005 - Tel: 617.-896-4300 Fax:617-896-4301 City of Salem Conservation Commission City Hall Annex 120 Washington Street, 3rd Floor Salem, MA 01970 Re: Amended Notice of Intent Application Aggregate Industries Dear Members of the Commission: On behalf of Aggregate Industries, BSC Group, Inc. (BSC) is pleased to submit this amended Notice of Intent (NOI) application to remove approximately 7,300 square feet of debris from the Riverfront Area and the buffer zone to Bordering Vegetated Wetland. As' per the Commission's request, additional information regarding the stabilization of the slope, erosion and sedimentation controls, and a detailed survey plan has been included as part of the amended application, .To assist in your review, enclosed please find seven(7) copies of the revised NOI project description and survey plan. If you have any questions, please do not hesitate to contact either Robin Ellis at 781-941-7200 or myself at 617-896-4514. Thank you for your consideration in this matter. Sincerely, BSC Group, lnc. Ingeborg Hegemann Vice President of Ecological Services cc: Robin Ellis, Manager of Environmental Quality and Real Estate, Aggregate Industries Engineers DEP, NERD . ' NHESP Environmental File Scientists CIS Consultants Landscape _ Architects 0-\8932900\Salem NOI\cover letter amendreent.doc Planners Surveyors PROJECT DESCRIPTION AGGREGATE INDUSTRIES NOTICE OF INTENT PAGE 1 OF 2 1.0 PROJECT SUMMARY In November 2004 Aggregate Industries (AI) became aware of unauthorized placement of landscape debris on its property in Salem. Site personnel began to remove portions of the debris until Al instructed them to stop until the removal activity could be reviewed by the Salem Conservation Commission. Al contacted Frank Taormina, Staff Planner/Conservation Agent, of the Salem Conservation Commission to report the condition and met him on the site on December 13, 2004. In accordance with his guidance, Al is seeking an Order of Conditions for the removal of landscaping debris in an area adjacent to Thompson's Meadow in Salem, Massachusetts. The proposed activities will return this area to its natural state. The project has been designed to comply with the requirements of the Massachusetts Wetlands Protection Act Regulations as well as the City of Salem Wetlands Ordinance. 2.0 SITE DESCRIPTION The project site is located in an area adjacent to Thompson's Meadow in Salem, Massachusetts. Previous owners reportedly placed the debris several years ago, which is comprised of branches, boulders, leaves, soil, and a few bricks. The inland wetland resource area located on the project site, as defined by the Wetlands Protection Act (310 CMR 10.00) and the City of Salem Wetlands Ordinance, is limited to the Riverfront Area associated with the unnamed river. The site is also located within the buffer zone to Bordering Vegetated Wetlands (BVW) and Bank associated with the river Flowing into Thompson's Meadow. The site is located adjacent to Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife according to the Natural Heritage and Endangered Species Program (2003). The polygons are identified as PH 424 and WH 6015. 3.0 PROPOSED ACTIVITIES The proposed project includes the removal of landscaping debris that consists of branches, boulders, leaves, soil, and a few bricks adjacent to a cart path within the buffer zone to a BVW and within the Riverfront Area. The area to be cleaned is approximately 7,300 square feet of the buffer zone. Prior to the commencement of any work, a silt fence and haybale line will be set by hand at the base of the slope to prevent sediment or debris from entering the river. An excavator will be used to remove the debris from the existing piles along the cart path and along the slope leading toward the river's edge. The debris to be removed from the site will be recycled at the local Aggregate facility, or recycled or disposed of properly off site. While debris removal is occurring, the condition of the BVW will be evaluated. If debris is observed in the BVW, it will be removed by hand. After the debris is removed from the slope it will be determined if the remaining soil is suitable for seeding. If it is not BSC GROUP PROJECT DESCRIPTION AGGREGATE INDUSTRIES NOTICE OF INTENT PAGE 2OF2 found to be suitable, an appropriate amount of loam will be provided. All disturbed areas will be hydro-seeded with a native upland grass mix and covered with jute netting to prevent erosion or displacement (see attached detail). Coir fiber rolls will be placed near the bottom of the slope to stabilize the bank and provide a substrate for plant growth. These areas will be monitored to ensure that erosion will not occur. All work will be conducted in the early spring, once the ground has thawed. The following includes the proposed activities and how they meet the applicable performance standards: Buffer Zone Work within the 100-foot buffer zone to wetlands includes the removal of landscaping debris. The work conforms to the general provisions established for work within the buffer zone (310 CMR 10.03 (1) (a) 3.), as erosion and sedimentation controls are provided to ensure that potential impacts to wetland resource areas are minimized. In doing so the work will contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act. Riverfront Area As discussed, the activities associated with this project will restore the Riverfront Area back to its natural state. This project also enhances the Riverfront Area's ability to provide natural functions. As discussed, this is a proactive project proposing to improve the overall ecology of the site and return it to its natural state. The projec t� t proposes to cause as little impact to the area while improving the habitat for various species including those identified under the Natural Heritage and Endangered Species Program. Aggregate Industries is committed to responsible management of its properties to ensure compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. 0:\8932900\Salem NOI\021505revisedprojdescnption.doc BSC GROUP —� PROJECT DESCRIPTION AGGREGATE INDUSTRIES NOTICE OF INTENT PAGE 1 OF 2 1.0 PROJECT SUMMARY In November 2004 Aggregate Industries (AI) became aware of unauthorized placement of landscape debris on its property in Salem. Site personnel began to remove portions of the debris until Al instructed them to stop until the removal activity could be reviewed by the Salem Conservation Commission. Al contacted Frank Taormina, Staff Planner/Conservation Agent, of the Salem Conservation Commission to report the condition and met him on the site on December 13, 2004. In accordance with his guidance, Al is seeking an Order of Conditions for the removal of landscaping debris in an area adjacent to Thompson's Meadow in Salem, Massachusetts. The proposed activities will return this area to its natural state. The project has been designed to comply with the requirements of the Massachusetts Wetlands Protection Act Regulations as well as the City of Salem Wetlands Ordinance. 2.0 SITE DESCRIPTION The project site is located in an area adjacent to Thompson's Meadow in Salem, Massachusetts. Previous owners reportedly placed the debris several years ago, which is comprised of branches, boulders, leaves, soil, and a few bricks. The inland wetland resource area located on the project site, as defined by the Wetlands Protection Act (310 CMR 10.00) and the City of Salem Wetlands Ordinance, is limited to the Riverfront Area associated with the unnamed river. The site is also located within the buffer zone to Bordering Vegetated Wetlands (BVW) and Bank associated with the river flowing into Thompson's Meadow. The site is located adjacent to Priority Habitat of Rare Species and Estimated Habitat of Rare Wildlife according to the Natural Heritage and Endangered Species Program (2003). The polygons are identified as PH 424 and WH 6015. 3.0 PROPOSED ACTIVITIES The proposed project includes the removal of landscaping debris that consists of branches, boulders, leaves, soil, and a few bricks adjacent to a cart path within the buffer zone to a BVW and within the Riverfront Area. The area to be cleaned is approximately 7,300 square feet of the buffer zone. Prior to the commencement of any work, a silt fence and haybale line will be set by hand at the base of the slope to prevent sediment or debris from entering the river. An excavator will be used to remove the debris from the existing piles along the cart path and along the slope leading toward the river's edge. The debris to be removed from the site will be recycled at the local Aggregate facility, or recycled or disposed of properly off site. While debris removal is occurring, the condition of the BVW will be evaluated. If debris is observed in the BVW, it will be removed by hand. After the debris is removed from the slope it will be determined if the remaining soil is suitable for seeding. If it is not BSC GROUP PROJECT DESCRIPTION AGGREGATE INDUSTRIES NOTICE OF INTENT PAGE 2OF2 found to be suitable, an appropriate amount of loam will be provided. All disturbed areas will be hydro-seeded with a native upland grass mix and covered with jute netting to prevent erosion or displacement (see attached detail). Coir fiber rolls will be placed near the bottom of the slope to stabilize the bank and provide a substrate for plant growth. These areas will be monitored to ensure that erosion will not occur. All work will be conducted in the early spring, once the ground has thawed. The following includes the proposed activities and how they meet the applicable performance standards: Buffer Zone Work within the 100-foot buffer zone to wetlands includes the removal of landscaping debris. The work conforms to the general provisions established for work within the buffer zone (310 CMR 10.03 (1) (a) 3.), as erosion and sedimentation controls are provided to ensure that potential impacts to wetland resource areas are minimized. In doing so the work will contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act. Riverfront Area As discussed, the activities associated with this project will restore the Riverfront Area back to its natural state. This project also enhances the Riverfront Area's ability to provide natural functions. As discussed, this is a proactive project proposing to improve the overall ecology of the site and return it to its natural state. The project proposes to cause as little impact to the area while improving the habitat for various species including those identified under the Natural Heritage and Endangered Species Program. Aggregate Industries is committed to responsible management of its properties to ensure compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. 0:\8932900\Satem N01\021505revisedprojdescription.doc BSC GROUP 03/07/2005 13:05 15087924509 BSC GROUP WORCESTER PAGE 03 Commonwealth o(MrlMrfchvscfts Division of Fisheries & 'Wildlife Aft"WUd/ife Wayne F. MacCallutn,Director March 4,2005 Salem Conservation Commission Town Hall,93 Washington St. One Salem Green Salem,MA 01969 RE: Applicant: Roberta Ellis, Aggregate Industries Project Location: 30 Danvers Rd Project Description! Removal of landscaping debris in a 3,000 square foot area that is adjacent to Thomison's Meadow NWSP File No. 05-17413 Dear Commissioners: The applicant listed above has submitted a Notice of Intent and site pl ms(dated 1/27/05)to the Natural Heritage& Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries&Wildlife, in compliance with the rare wildlife species seet^on of the Massachusetts Wetlands Protection Act Regulations(3)0 CMR 10.59), for the subject project. Based on a review of the information that was provided and the information that is currently contained in our database,tho NHESP has determined that this project occurs near the actual habitat of state-listed rare wildlife species. It is our opinion that this project,as currently proposed,will i4d adversely affect the actual habitat of state-listed rate wildlife species provided the following is incorporated into the Final Order of Conditions: All removal of debris must be completed by May 1,2005 Please note that this determination addresses only the matter of rare wildlife habitat and does not pertain to other wildlife habitat issues that may be pertinent to the proposed project. S lY, W Thomas W.French.Ph,D, Assistant Director cc: Roberta Fllis,Aggregate industries Ingeborg Hegernarm, BSC Group,Inc. DEP Northeast Region, Wetlands Section www,m¢sswildlife,orr Division of Fisheries and Wildlife Field Headquarters, One Rabbit Hill Road,Westborough,MA 01581 (508)792.7270 Fax(508) 792-7275 . MdlrertcY o(rkCbeaaHmene o(Fidunree WIrd1K.,6 r:,w„„„„,„„i„r r,.,,,c„r..,„,..., • • • AGGREGATE INDUSTRIES • NOTICE OF INTENT • • • CITY OF SALEM CONSERVATION COMMISSION • JANUARY 28, 2005 • • • AGGREGATE IN1Ut15TRE5 • • • • • • • • • • • • • • • • • • Prepared for: • Aggregate Industries 1715 Broadway Saugus, MA 01906 • • BSC Project No. 89329.00 • Prepared by: • • BSC GROUP • • 15 Elkins Street • Boston, MA 02127 • • BSC R GROUP. " - g Elkins Street • January 28, 2005 Boston, MA ortz7 • - - Tel: 617-896-4300 City of Salem Conservation Commission Fax: 6 7-8q6-43m • City Hall Annex • 120 Washington Street,3`e Floor • Salem, MA 0.1970 • Re: `, Notice of Intent Application • Aggregate Industries Dear Members of the Commission: • On behalf of Aggregate Industries, BSC Group, Inc: (BSC) is pleased to submit this Notice • of Intent (NOI) under the Massachusetts Wetland Protection"Act,-M.G.L. c.131 § 40, and • regulations at 310 C'MR:10.00, and the City of Salem Wetlands Ordinance. The proposed project includes the removal of landscaping debris from an area adjacent to Thompson's Meadow. The debris consists of landscaping materials such as branches, boulders, leaves, • soil,and,a few bricks.that have been placed in the buffer zone to Bordering Vegetated Wetlands and within.the Riverfront Area adjacent To the unnamed river. The area oI • landscape debris to be removed is approximately 3,000 square feet. The project has been • designed to comply with the requirements of the Massachusetts Wetlands Protection Act • Regulations as well as the City of Salem Wetlands Ordinance. • To assist in your review of this project, enclosed please find seven (7) copies of the full NOI submittal. The"NOI includes the NOI form (WPA Form 3), site locus, project description, abutter notification and filing fee information, and site plans. BSC respectfully ••,. requests that you place this matter on the agenda for your February 10, 2005 public hearing. If you have any questions, please do not hesitate to contact either Robin Ellis at 781-941-7200 or myself at 617-896-4514. Thank you for your consideration in this • matter. • Sincerely, • BSC Group Inc. • � � 7,fla-u-c�_ Ingeborg Hegetnann- Engineers • Vice President of Ecological Services • Environmental • cc:• DEP, NERD Scientists • NHESP File GIS Consultants Landscape Architects Architects - • Planners , • - O:\8932900\Salem NOAcover lea er.doc - - - - Surveyors. f • • AGGREGATE • 4MDUSTWIMS • TABLE OF CONTENTS • • AGGREGATE INDUSTRIES • NOTICE OF INTENT • • • • WPA FORM 3 NOTICE OF INTENT • • ATTACHMENTA SITE LOCUS ATTACHMENT B PROJECT DESCRIPTION • • ATTACHMENT C FILING FEE AND ABUTTER INFORMATION • • • • • • • • • • • • • • • • • !�BSC GROUP • • • • • AM AGGREGATE • • INOUSMES WPA FORM 3 - NOTICE OF INTENT • AGGREGATE INDUSTRIES • NOTICE OF INTENT • • • • • • • • • • • • • • • • • • • • • • • • • • • • • BSC GROUP • • 7 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 • City/Town A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): 30 Danvers Road Salem 01970 • a.Street Address b.CitylTown c.Zip Code Latitude and Longitude, if Known: N420 29.571' W700 54.954' • d. Latitude e. Longitude • 11 0002 f.Assessors Map/Plat Number g. Parcel/Lot Number • Important: When filling out 2. Applicant: forms on the Roberta Ellis Aggregate Industries • computer, use a.First Name b. Last Name c.Company only the tab • key to move 1715 Broadway your cursor- d.Mailing Address - do not use the Saugus MA 01906 • return key. e.Citylrown f.State g.Zip Code (781) 941-7200 (781) 231-2871 Robin.Ellis@aggregate.com • rd h. Phone Number i. Fax Number j.Email address 3. Property owner (if different from applicant): ❑ Check if more than one owner • mwn • a. First Name b. Last Name c.Company • d.Mailing Address • Note: Before e.CityfTown f.State g.Zip Code completing this • form consult h. Phone Number i. Fax Number j. Email address your local • Conservation 4. Representative (if any): • Commission BSC Group Inc. regarding any a. Firm • municipal bylaw Ingeborg Hegemann or Ordinance. b.Contact Person First Name c.Contact Person Last Name 33 Waldo Street • d. Mailing Address • Worcester MA 01608 e.City/Town f.State g.Zip Code (617) 896-4514 (508) 792-4509 ehegemann@bscgroup.com • h.Phone Number i. Fax Number J. Email address ❑ Select if you want to see 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): • Wetland Fee $165.00 $70.00 $95.00 Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid • Form. 6. General Project Description: The project involves the removal of landscaping debris in a 3,000 square foot area that is adjacent • to Thompson's Meadow. • wpaform3.doc•rev.07/13/04 Page 1 of 8 • • • I • • 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 • 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 • ® Other • • 8. Property recorded at the Registry of Deeds for: • Essex a.County • 2150 L • b. Book 251 • c.Page Number • d.Certificate#(if registered land) • 9. Buffer Zone Only • Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or • coastal bank, coastal beach, coastal dune, or salt marsh? • a. ❑ Yes If yes, skip to Section C. • b. ® No If no, check the resource areas to be affected by this project, directly below. • • • • • • • • wpatorm1doc•rev.07/13/04 Page 2 of 8 • • • • • 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 • 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 1.linear feet 2. linear feet number b. ❑ Bordering Vegetated • (provided on Wetland 1.square feet 2.square feet • your receipt page) with all c. ❑ Land Under 1.square feet 2.square feet • supplementary Waterbodies and • information you Waterways y 3.cubic yards dredged submit to the Department. d. ❑ Bordering Land • Subject to Flooding 1.square feet 2.square feet • 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced • e. ❑ 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): • Unnamed River • • 2.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only • ❑ 100 ft. - New agricultural projects only • ® 200 ft. - All other projects 3.Total area of Riverfront Area on the site of the proposed project: • Approximately 400,000 square feet Square Feet • 4. Proposed alteration of the Riverfront Area: • 3,000 3,000 • a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. • s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No • e.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No • ugaform3,doc•rev.07/1 X04 Page 3 of 8 • • • • • Massachusetts Department of Environmental Protection Provided by DER • Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of intent • �1 Document Transaction Number • Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 SALEM • City/Town • B. Resource Area Effects (continued) • 2. Coastal Resource Areas: • Check all that apply below. Attach narrative and supporting documentation describing how the • project will meet all performance standards for each of the resource areas altered, including • standards requiring consideration of alternative project design or location. • Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) • document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below • number • (provided on b ❑ Land Under the Ocean 1.Square feet • your receipt page) with all 2.Cubic yards dredged • supplementary Indicate size under Coastal Beaches and/or Coastal Dunes • information you c. ❑ Barrier Beach below submit to the • Department. d. ❑ Coastal Beaches 1. Square feet 2.Cubic yards beach nourishment • e. ❑ Coastal Dunes 1.Square feet - 2.Cubic yards dune nourishment • f. ❑ Coastal Banks 1. Linear feet • • g. ❑ Rocky Intertidal Shores 1. Square feet • h.❑ Salt Marshes 1.Square feet 2.Sq 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 • i. ❑ Land Subject to Coastal • 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 CM • 10.24 or 310 CMR 10.53? • a. ❑ Yes ® No If yes, describe which limited project applies to this project: • b. Limited Project • Maformldoc•rev.07/1W04 Page 4 of a • • • • Massachusetts Department of Environmental Protection Provided by IDER Bureau of Resource Protection - Wetlands DEP File'Number WPA Form 3 — Notice of intent Document Transaction Number I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 (attached) document • transaction 2. ❑ DEP BVW Field Data Form (attached) • number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) • your receipt page) with all 4. ® Other Methods for Determining the BVW Boundary (attach documentation): supplementary • information you a. ® 50% or more wetland indicator plants submit to the Department. b. ® Saturated/inundated conditions exist c. ❑ Groundwater indicators • d. ® Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was D. Other Applicable Standards Requirements • delineated. pp anars an q • 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program • Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 2003 • b. Date of Map • • 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ❑ Yes❑ No If yes, include proof of mailing or hand delivery of NOI to: • Massachusetts Division of Marine Fisheries • 251 Causeway Street, Suite 400 Boston, MA 02114 ® Not applicable—project is in inland resource area only • "aforrnldoc•rev.07/13/04 Page 5 of 8 • • • • Massachusetts Department of Environmental Protection Provided by DEP: • Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM • City/Town • D. Other Applicable Standards and Requirements (continued) • 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? • a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP • Website for ACEC locations). Note: electronic filers click on Website. • b.ACEC • • Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands • Include your Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? document • transaction a. ❑ Yes ® No • number (provided on • your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations, 310 CMR 10.00. • supplementary • information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the • Department. b. Exemption • 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No • b. If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. • c. If no, explain why the project is exempt: • This project is not subject to DEP Stormwater Policy as it will not create any new impervious surfaces or produce any new point source runoff. • • E. Additional Information • • Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of • the following information you submit to the Department. • 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. • (Electronic filers may omit this item.) • 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as • a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to • the boundaries of each affected resource area. • • "aform3Aoc•rev.07113/04 Page 6 of 8 • • • • 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 • City/Town • E. Additional Information (continued) • 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • Online Users: Include your 4. 0 List the titles and dates for all plans and other materials submitted with this NO1. • document 5. ❑ If there is more than one property owner, please attach a list of these property owners not • transaction listed on this form. • number (provided on 6.® Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. • your receipt page) with all 7 ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. • supplementary • information you 8. 0 Attach NOI Wetland Fee Transmittal Form submit to the • Department. e. ❑ 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). • No fee shall be assessed for projects of the federal government, the Department, or cities and towns • of the Commonwealth. • Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland • Fee Transmittal Form)to confirm fee payment: 42337 01/24/05 • 1.Municipal Check Number 2.Check date • 42336 01/24/05 3.State Check Number 4.Check date BSC Companies, Inc. • 5.Payor name on check:First Name 6. Payor name on check:Last Name • II • • • • • • • • v,patormcdoc•rev.07/13/04 Page 7018 • • JAN-27-2005 10:30 AGGREGATE HSE DEPARTMENT 781 231 2871 P.02i02 Massachusetts Department of Environmental Protection Prov0wby!6EP. • Bureau of Resource Protection -Wetlands o> P Fte WuiiiUer WPA Form 3 - Notice of intent DacumerRTransectlonNum6en • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 •SALEM 1.CityRown • G. Signatures and Submittal Requirements 1 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)(8). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M-G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return receipt requ sled)to all a e_rs�jw.iitthiin 100 feet of the property line of the project location- • Signature 6fAppiicant -'lr" 01 tl 0 A�L• Da/264eE Signature of Pmpe i! nerrf dditmnnt))/ — •� Date • A _ A— k //iX/GT— signature of Re miamative(if airy) Date • 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 N01 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 Form;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.) 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. • wpelemYi.aa•rev.07n31e4 Page ame • TOTAL P.02 • • • • AGGREGATE • �aarsusrRses • ATTACHMENT A • • AGGREGATE INDUSTRIES • NOTICE OF INTENT • • SITE LOCUS • • • • • • • • • • • • • • • • • • • • • • • • • • BSC GROUP • • fKA �1 10ral +. 10 490 ' 'i, "1: �tlp " °s`•, lr' f 1 Ir ' c • L,.iwk. PREPARED FOR: AGGREGATE LANDSCAPING DEBRIS INDUSTRIES 01127 1715 • . ' Q 0 ® .. . 0 1906 SALEM, MA �• s �?¢� t }4"r N.• 5� $'F�°. Yr�,l'1t arIt Af `��f"1�Yy I.;. 1 ma• ,X(1fv Ia��-Ya MZ Y`, j••Y af w',- � ., -1•vy! 6ef's„"...ifYF �h{ f CA « � wl lyl'V''�1 �'h 'f t`•� ��.f«4.z �r ,•L •f 'f'�4Ys�r� " iSif-� IN %F .ram^` yf•'w t,y� 'Nry,�y '�'. a f c t x J ter. •'1 � �r s c I �`�} A ' Y,�'.�to . l t 1t t y'. e 1� ✓f•r}r. ! Y atrY #r �. i..} •A' F, S • .•;;gyys; gy, r. ,era. fK f `'y• :t S'h, '� �,•FYI 1 p " • '�c ; •%�' V r(l P>!"t t '{fir tom" K� , r S `� � �'t4• i. fat F� aC:_.a rtltCpo.1 l a .�: '1, ♦ j iryx✓' .. .ry ; y L � f. �I * �.. ♦t � •��Y"'� rya � ;i,Y • F '♦* a` s.., - �,r r 4 .a��3�ll.Mr# '.5 - I ``', t PREPAREDFOR: APPROX. i GROUP AGGREGATE APPROX EDGE OF 100' BUFFER 15 Elldns Street INDUSTRIES ra 1715 O,D 01906 SALr I .: II • I • • AGGREGATE 'I • • ATTACHMENT B • • AGGREGATE INDUSTRIES NOTICE OF INTENT • PROJECT DESCRIPTION • i • IL • Ii i • • • i • • • • • • • • I • • • • • • • • BSC GROUP • • • PROJECT DESCRIPTION AGGREGATE INDUSTRIES • NOTICE OF INTENT • PAGE 1 OF 2 • 1.0 PROJECT SUMMARY • • In November 2004 Aggregate Industries (AI) became aware of unauthorized placement of landscape • debris on its property in Salem. Site personnel began to remove portions of the debris but were instructed to stop until the removal activity could be reviewed by the Salem Conservation • Commission. Al contacted Frank Taormina, Staff Planner/Conservation Agent, of the Salem • Conservation Commission to report the condition and met him on the site on December 13, 2004. In • accordance with his guidance Al is seeking an Order of Conditions for the removal of landscaping debris in an area adjacent to Thompson's Meadow in Salem, Massachusetts. The proposed activities will improve the overall ecology of the site and return this area to its natural state. The project has • been designed to comply with the requirements of the Massachusetts Wetlands Protection Act • Regulations as well as the City of Salem Wetlands Ordinance. • • 2.0 SITE DESCRIPTION • The project site is located in an area adjacent to Thompson's Meadow in Salem, Massachusetts. • Previous owners reportedly placed the debris several years ago, which is comprised of branches, • boulders, leaves, soil, and a few bricks. • The inland wetland resource area located on the project site, as defined by the Wetlands Protection • Act (310 CMR 10.00) and the City of Salem Wetlands Ordinance, is limited to the Riverfront Area • associated with the unnamed river. The site is also located within the buffer zone to Bordering • Vegetated Wetlands (BVW) associated with Thompson's Meadow. • The site is located within Priority and Wildlife Habitats according to the Natural Heritage and • Endangered Species Program (2003). These species are identified as PH 424 and WH 6015. • • 3.0 PROPOSED ACTIVITIES • The proposed project includes the removal of landscaping debris that consists of branches, boulders, • leaves, soil, and a few bricks adjacent to a cart path within the buffer zone to a BVW. The area to be cleaned is approximately 3,000 square feet of the buffer zone. • • Work in the buffer zone will be conducted by machinery operating from the cart path. No trees will • be cut. The debris to be removed from the site will be recycled at the local Aggregate facility, or recycled or disposed of properly off site. While debris removal is occurring, the condition of the BVW • will be evaluated. If debris is observed in the BVW, it will be removed by hand. • The work will be conducted in the early spring, once the ground has thawed. Prior to initiation of • work, hay bales or a silt fence will be placed at the work limit. All disturbed areas will be seeded with • native upland grass mix and monitored to ensure that erosion will not occur. The following includes the proposed activities and how they meet the applicable performance standards: • BSC GROUP L i • • PROJECT DESCRIPTION AGGREGATE INDUSTRIES • NOTICE OF INTENT • PAGE 2OF2 • Buffer Zone • Work within the 100-foot buffer zone to wetlands includes the removal of landscaping.debris. The • work conforms to the general provisions established for work within the buffer zone (310 CMR 10.03 • (1) (a) 3.), as erosion and sedimentation controls are provided to ensure that potential impacts to wetland resource areas are minimized. In doing so the work will contribute to the protection of the • interests identified in the Massachusetts Wetlands Protection Act. • Riverfront Area • As discussed, the activities associated with this project will restore the Riverfront Area back to its • natural state. This project also enhances the Riverfront Area's ability to provide natural functions. • As discussed, this is a proactive project proposing to improve the overall ecology of the site and return • it to its natural state. The project proposes to cause as little impact to the area while improving the • habitat for various species including those identified under the Natural Heritage and Endangered • Species Program. • Aggregate Industries is committed to responsible management of its properties to ensure compliance • with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. • 0:\8932900\Salem NO[\Projdes.doc • • • • • • • • • • • • • • • • • • BSC GROUP • • • • • • AGGREGATE • �ra�rssts+es ATTACHMENT C • • AGGREGATE INDUSTRIES NOTICE OF INTENT • • FILING FEE AND ABUTTER INFORMATION • • • • • • • • • • • • • • • • • • • • • • • • • • BSC GROUP • • • • • 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 Roberta Ellis Aggregate Industries key to move a. First Name b. Last Name c.Company • your cursor- 1715 Broadway - do not use the d. Mailing Address • return key. Saugus MA 01906 • e.City/Town f.State g.Zip Code 6 (781) 941.7200 • h.Phone Number • 2. Property Owner (if different): • •, a. First Name b.Last Name c.Company • d.Mailing Address • • e.City/Town f.State g.Zip Code • h. Phone Number • 3. Project Location: • 30 Danvers Road Salem • a.Street Address b.City/Town • • 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 W PA Instructions before filling out worksheet. Form 3(Notice of • Intent). Step II/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. • • Wpalormldoc•NOI wetland Fee Transmittal Form•rev.1/27/05 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 • 1d) Resource improvement 1 $165.00 $165.00 • • • • • • • • • Step 5/Total Project Fee: $165.00 • Step 6/Fee Payments: • Total Project Fee: $165.00 • a.Total fee from Step 5 • State share of filing fee: $70.00 b. 1/2 total fee less$12.50 • City/Town share of filling fee: $95.00 • c. 1/2 total fee plus$12.50 • C. Submittal Requirements • a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, • payable to the Commonwealth of Massachusetts. • Department of Environmental Protection • Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of pages 1 and 2 of this form; and the city/town fee payment. • c.) To DEP Regional Office (see Instructions): Send the Notice of Intent or Abbreviated Notice of • Intent; a copy of pages 1 and 2 of this form; and a copy of the state fee payment. (E-filers of • Notices of Intent may submit these electronically.) • • • WpaformIdoc•NOI Wetland Fee Transmittal Form•ray.1/27/05 Page 2 of 2 • • • • • 42336 CITIZE• S BANK BSC COMPANIES, INC. ASSA HUSETT • MASSAC7-2110 S 15 ELKINS STREET 5-7017-2110 • BOSTON,MA 02127 - • 01/24/2005 $70.0 A AMOUNT p THE SUM OF SEVENTY DOLLARS 00/100 ONLY Y DEPARTMENT OF ENVIRONMENTAL PROTECTION THE DER TW SIGNATURES EOUIRED OVER$2,000 - • ii°042336ii' a° 21, �070m751: 1 � 3 � 7667& LII' • • • 42337 • • BSC COMPANIES, INC. CITIZENS BANK • MASSAC 15 ELKINS STREET BOSTON,MA 02127 5-7017-2110 S -2110 • 01/24/2005• $95.00 AMOUNT DATE THE SUM OF NINETY FIVE DOLLARS 00/100 ONLY �•�AAY CITY OF SALEM �O THE �RDER R TWO SIGNATURES EOUIRED OVER$2,000 • ��� 7 it • �\\ \ � • II'042337110 1: 2b1070b751: bI3i7667� biI" • • • • • • • • • • • • NOTICE OF INTENT • ABUTTER NOTIFICATION LETTER • DATE: January 28, 2005 RE: Salem Conservation Commission Public Hearing • To Whom It May Concern, • As an abutter within 100 feet of a proposed project, please be advised that a NOTICE OF INTENT application has been filed with the Salem Conservation Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. APPLICANT: Aggregate Industries • PROJECT LOCATION 30 Danvers Road • Map 11,Parcel 11-0002 • PROJECT DESCRIPTION: The proposed project includes the removal of landscaping debris from an area adjacent to Thompson's Meadow. The debris consists of landscaping materials such as branches,boulders, leaves, soil, • and a few bricks that has been placed in the buffer zone to Bordering Vegetated Wetland and within the Riverfront Area. The • approximate area of landscape debris to be removed is • approximately 3,000 square feet. The project has been designed to comply with the requirements of the Massachusetts Wetlands • Protection Act Regulations as well as the City of Salem Wetlands • Ordinance • APPLICANT'S AGENT: BSC Group, Inc. 15 Elkins Street Boston, MA 02127 • Ann: Brad Washburn 617-896-4300 • PUBLIC HEARING: Salem City Hall Annex 120 Washington Street, 3' Floor • DATE: February 10, 2005 TIME: To Be Announced NOTE: You may consult a copy of The Salem Evening News for more information regarding the time • and date of the public hearing, or contact the Salem Conservation Commission at 978-745- 9595. • NOTE: Plans and application describing the proposed application are on file with the Salem Conservation Commission at 978-745-9595. • NOTE: You also may contact the Department of Environmental Protection, Northeast Regional Office at (617) 654-6500 for more information about this application or the Wetlands Protection • Act. • • ABUTTER LIST AGGREGATE INDUSTRIES NOTICE OF INTENT January 2005 Abutter Parcel ID Address • Lynn Sand Lr Stone Co. 6-0016 1715 Broadway, Saugus MA 01906 Carmine Mon iello 6-0014 1715 Broadway, Saugus MA 01906 City of Salem 07-0074 93 Washington, Salem MA 01970 DD Realty Trust 07-0061 67 Prospect Street, Swampscott MA 01907 • Mariner Village Condo Trust 07-0043 c/o Realty Corporation of Massachusetts, Inc. P.O. Box 920238, Needham, MA 02492 Town of Marblehead 12-0003 188 Washington Street, Marblehead, MA 01945 Hamlet Condominium Trust 12-0002 c/o Carl Priddy • 54 Whalers Lane, Salem MA 01970 • City of Salem (Golf Course) 23-0001 93 Washington, Salem MA 01970 • 1 Trj\8932900\Salem NOI\AbuucrList.doc • • • • • • • • • • • • • • • • • • • • • • • • •