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64-413 - 18 THORNDIKE STREET - CONSERVATION COMMISSION �1-413 /8 om d C¢ »re eT �COtlal'" ' CITY OF SALEM CONSERVATION COMMISSION August 7, 2007 Patrick DeIulis 31 Collins Street Terrace Lynn,MA 01902-2205 Re: Certificate of Compliance—DEP#64-413--18 Thomdike Street, Salem,MA Deaz Mr. DeIulis: Enclosed, please find the Certificate of Compliance for the above referenced project This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem,Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincer y, Carey Du es Conserva on Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-413 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 Patrick Delulis/Pasquanna Developers Inc. computer, use Name only the tab key to move 31 Collins Terrace your cursor- Mailing Address do not use the Lynn MA 01902 return key. City/town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Patrick Delulis/ Pasquanna Developers, Inc. Name July 26, 2006 64-413 Dated DEP File Number 3. The project site is located at: 18 Thorndike Street Salem Street Address City/Town Map 37 Lot 38 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 25997 244 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: July 12 2007 and then received photos taken by the land owner on July 25 2007 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: naform Bb.dm•rev.7/13/04 Page i of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-413 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 July 26, 2007 Conservation Commission Date of Issuance This Certificate must signed by a majority of the Conservation Commission and a copy sent to the applicant and a ropr' to gional Offic ,(See Attachment). Signatures: 0 C vgalom 8a. •rev.7/13M4 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 86 — Certificate of Compliance 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 26 July 2007 On this Day �f Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, D. Summer, and A. Hamilton, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Cityrrown CANEY R ouaUE$ *Cwm Ntlen 14 X"3 41, tnature of lotary Public rey R. uques Printed Name of Notary Public August 16 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public w atorm 8b.dw•rev.7/1304 Pape 3 of 4 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: SALEM When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Patrick Delulis Pasquanna Developers, Inc. use the return a.First Name b.Last Name c.Company key. 31 Collins Street Terrace d.Mailing Address ae Lynn MA 01902 e.City/Town t.State g.Zip Code 4. Property Owner (if different from applicant): a.First Name b. Last Name c.Company d.Mailing Address e.City/Town I.State g.Zip Code 5. Project Location: 18 Thorndike Street Salem a.Street Address b.City/Town Map 37 Lot 38 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 042 32' 06.45" N 070 53' 16.77"W 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) 16593 289 c.Book d.Page 4/19/06 7/27/06 7/27/06 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Conditions Plan Thorndike Street and Hubon Street Salem a. Plan Title North Shore Survey Corporation Gail L. Smith b.Prepared By c.Signed and Stamped by July 27, 2006 1"=20' d. Final Revision Date e.Scale Release Abatement Measure Plan RTN 3-25741 Arpil 2006 f.Additional Plan or Document Title g.Date wpafom5.dx rev.3/1/05 Page 1 019 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linea (feet b.linear(feet c.linea (feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b,square feet c.square feet d.square feet 6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged vryalore5.doc• rev.311/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9,752 9,752 9. ® Rivertront area a.total sq.feet b.total sq.feet 3,372 3,372 Sq It within 100 it c.square feet d.square feet e.square feet f.square feet 6,380 6,380 Sq it between 100.200If g.square feet In.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet In.square feet c.cty nourishmt. d.cty nourishmt 15. ❑ Coastal Banks a.linear(feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpa1orm5.eoc• rev.art/05 Page 3 of 9 f LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper,cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number 64-413 vgeform5.doc• rev.3/1/05 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 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 Sheet space for additional conditions, select box to attach a text document ❑ wpaform5.doc• rev.311/05 Page 5 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The SALEM hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ wpaform5.doc• rev.311/05 Page 6 of 9 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-413 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 July 27, 2006 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: fgur-K �,-%) five— This Order must be signed by a majority of the Conservation Commission. `2. Number 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 Protec n Regional Office, if not filing electronically, and property owner, if different from applicant. Signatures Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 27 Of July 2006 Day Month Year Before me, the undersigned Notary Public, Kevin Cornacchio, Michael Blier, Kevin Carr, & personally appeared Joe Furnarii -bow ho�Dic�. proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/Town Conservation,Commission - FRANK TAORMINA Notary Public { P ommonwealth a Massaditi s My Commission Explim APH127r 2012 Sig ure of o ublic F nk Taormi Printed Name of Notary Public Place notary seal and/or any stamp above April 27, 2012 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on !wb/017 Date Date wpaforrr5.dx• rev.ytros Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-413 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 Departments 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. waalorm5.doc• rev.311105 Page 8 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-413 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 16 Thorndike Street 64-413 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 wpafore5.dw• rev.&1/05 Page 9 of 9 Attachment to Order of Conditions#64-413 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-413 18 Thorndike Street City of Salem, Massachusetts ADDITIONAL FINDINGS This parcel does not include habitat of rare wildlife, nor does it contain certified vernal pools, according to the June 1, 2003 Map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools, published by the Massachusetts Natural Heritage and Endangered Species Program. 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 work associated with the Release Abatement Measures (RAM)Plan. The work includes the excavation and removal of surficial soil along the Thomdike Street side of the property. Hay bales and silt fencing will be installed along the Coastal Bank to prevent erosion and sediment from washing into the North River. Equipment used to remove the soil will enter and exit using Hubon Street and soil will be washed off on a tire washing pad to prevent the tracking of soil off site. Silt sacks will be placed under catch basin grates located on Hubon and Bridge Street(between Hubon and Throndike Streets)to prevent soil from entering into the storm drains. A Licensed Site Professional will monitor the tire washing station to further ensure that soil is not being tracked off site. A total of approximately 9,752 sq ft of Riverfront Area will be altered for the above referenced project. 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(Registry book and page numbers or Land Court certificate number) must be submitted to the Salem Conservation Commission(`Commission' hereinafter) 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#64-413, 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 Attachment to Order of Conditions#64-413 Page 2of 5 transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 8. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Proposed Conditions Plan: Thorndike Street and Hubon Street Salem Title July 27, 2006 Dated Gail L. Smith 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 Attachment to Order of Conditions#64-413 Page 3of 5 this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above, there shall be a PRE-CONSTRUCTION MEETING between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meefinjz. 20. Prior to the pre-construction meeting and commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule or sequence of work to complete this project. 21. Prior to the pre-construction meeting and commencement of any activity on this site,the boundary flags of all wetland resource areas shown on the approved site plan(s) shall be inspected and replaced by field survey if decayed or mussing so that each flag is clearly visible in the field. Flagging used to identify wetland resource areas shall be of a color different from any other flagging used on the site. Flags shall be checked regularly and replaced as necessary until work is completed. 22. 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. 23. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s) shall be clearly flagged. 24. There shall be 50 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 25. 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 Attachment to Order of Conditions#64413 Page 4of 5 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. 26. 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. 27. 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. 28. The area of construction shall remain in a stable condition at the close of each construction day. 29. 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. 30. 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. 31. If soils are to be disturbed for longer that two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 32. 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. 33. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 34. 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. 35. 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. 36. 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. 37. 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. 38. There shall be no pumping of water from wetland resource areas. 39. All equipment shall be inspected regularly for leaks. Any leaking hydraulic Tines,cylinders or any other components shall be fixed immediately. 40. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 41. 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. Attachment to Order of Conditions#64-413 Page 5of 5 AFTER CONSTRUCTION 42. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 43. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 44. 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. 45. 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 46. Silt sacks shall be installed under the catch basin grates located on Hubon Street and Bridge Street (between Hubon and Thomdike Streets)to trap sediment and prevent it from entering the stormwatx system. 47. Applicant shall submit to the Commission a detailed explanation of the tire washing area. 48. A Licensed Site Professional (LSP) shall monitor the tire washing pad on a daily basis taking special notice of sediment that washes off the site. 49. The LSP shall be present for the pre-construction meeting to review additional conditions. cd a� ,•*:n •..-.y.. ..:`'i ltf4 1 i�fn r r .i: .. r � >� H cl - _. � � ,",g n3� 7 \% a ) 4 y e Street , j - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - | . � | � | � | | . | � j • EXCLUSION ZONE | ) Vef&le j ja . Exit • | Personnel | Exit | \ � IL • Contaminant | \ ate | Reduction | \ | Zone • /) | Personnel � / Entrance . ( | Vehicle Vehicle | . Entrance Decontamination ( . Personnel . Pad • / • Decontamination | \« ' Area U2m . | Station ' \ • Support Zone | 4 ' . « . 6 - - — — — — — — — — — — — — — — — — — • \ J 9 Lunch \ _e« �e First 9 Work Zone Area [ \ \. mp»Developers E az m&s e \ g Pasgqwalla Developers E.' 18 Thorndike Street s;l ,j Soil Tracking Log �l Temporary 1 Date Station Number Stockpile PID reading and Soil )! and or location, location and visual Classification Time depth identifying observation number _i �.i k s� >u� yygg�: YYY1i L r. L' Y 3r' k ' S.: F_ Ei -i Pasqualla Developers ', 18 Thorndike Street G`� r GULF OF MAINE ' RESEARCH CENTER INC. Notice of Intent Under the Massachusetts Wetlands Protection Act& Regulations ' (M.G.L, c.131,§40& 310 CMR 10.00) and City of Salem Wetlands Ordinance ' For: Implementation of a Release Abatement Measure (RAM) Plan at ' 18 Thorndike Street Salem, Massachusetts Prepared for: ' Pasquanna Developers,Inc. 31 Collins Street Terrace Lynn,Massachusetts ' Prepared by: Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem,Massachusetts ' April 18,2006 ' ENV�ONMENTAL CONSULTIIVG SERVICES �O II � 1 GULF OF MAINE RESEARCH CENTER INC. ' INDEX NOTICE OF INTENT ' Implementation of a Release Abatement Measure(RAM)Plan 18 Thorndike Street ' Salem,Massachusetts ' WPA Form 3, NOTICE OF INTENT,pages 1-7 Appendix A: Filing Fees t WPA Wetland Fee Transmittal Form, pages 1-2 Copy of Checks to City and State ' Appendix B: Abutter Notifications Abutter Notification Affidavit of Service Abutter Notification Form ' List of Abutters ' ATTACHMENT 1: WETLANDS REPORT Wetlands Report Notice of Intent for Implementation of a RAM Plan ' 18 Thorndike Street, Salem,Massachusetts (Gulf of Maine Research Center, Inc., April, 17, 2006) ATTACHMENT 2:SITE PLAN ' Site Plan of Land Thorndike Street&Hubon Street, Salem Sheet 1 of 1 ' (North Shore Survey Corporation,April 12, 2006) UNDER SEPARATE COVER ATTACHMENT 3: RELEASE ABATEMENT MEASURE(RAM PLAN ' Release Abatement Measure (RAM)Plan 18 Thorndike Street, Salem,Massachusetts RTN3-25741 ' (Gulf of Maine Research Center, Inc., April, 2006) ' 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 When filling out pp''a"` A. General Information W ' forms on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key 18 Thordike Street Salem 01970 to move your a.Street Address b.Cityrrown c.Zip Code cursor-do not ' use the return Latitude and Longitude: 0420 32' 06.45" N 0700 53' 16.77" W key. d.Latitude e.Longitude Map 37 Lot 38 VI m I I f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Patrick Delulis Pasquanna Developers Inc. a.First Name b.Last Name c.Company ' 31 Collins Street Terrace d.Mailing Address Note:Before Lynn MA 01902 ' completing this e.C1ty/rown f.State g.Zip Code form consult (781) 595-8677 your local h.Phone Number L Fax Number j.Email address Conservation ' Commission 3. Property owner(if different from applicant): ❑ Check if more than one owner regarding any municipal bylaw or ordinance. a.First Name b.Last Name c.Company ' d.Mailing Address e.City/town f.State g.Zip Code h.Phone Number i.Fax Number j.Email address ' 4. Representative (if any): Gulf of Maine Research Center, Inc. a.Firm Joseph Orzel ' b.Contact Person First Name c.Contact Person Last Name 204 Lafayette Street d.Mailing Address ' Salem MA 01970 e.Cityrrown f.State g.Zip Code (978) 745-6618 (978) 741-8648 gmrcorzel@earthlink.net h.Phone Number i.Fax Number j.Email address ' S. Total WPA Fee Paid (from NO1 Wetland Fee Transmittal Form): $1,575.00 $775.00 $800.00 ' a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid 6. General Project Description: The proposed activities are associated with the implementation of a Release Abatement Measure (RAM) Plan The obiective of the RAM Plan is to excavate and remove surficial soil along the Thomdike Street side of the property, which contains elevated concentrations of beryllium PAH PCB and EPH in order to reduce potential risks to Human Health, Safety, Public Welfare and the Environment. Surficial soil will be excavated and either stockpiled and covered on the property until disposed or managed in a load and go procedure Activities for the RAM Plan will necessarily occur within the Riverfront Area and Buffer Zone of the Coastal Bank A sediment barrier consisting of hay bales and filter fabric silt fence will be installed along the top of the Coastal Bank to prevent potential sedimentation onto the bank and downaradient coastal resource areas ' wpaform3.doc•rev.3129/05 Page 1 of 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 ICity/TownA. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision ic. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ® Other(Site Hazardous Cleanup) 8. Property recorded at the Registry of Deeds for: Essex 289 a.County b.Page Number 16593 c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ® No 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑Yes-answer 11 below, then skip to Section C. b. ® No-skip to Section B. If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): ' a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d.linear feet ' wpaform3.doc•rev.3/29/05 Page 2 of 7 1F Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem ' B. Resource Area Effects City/Town ' 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 Pr000sed Alteration Proposed Replacement(if any) I ' 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 3.cubic yards dredged submit to the d. ❑ Bordering Land ' Department. Subject to Flooding 1,square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced t e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced Danvers/ North River f. ® Riverfront area 1.Name of Waterway(if available) ' 1. Width of Riverfront Area(check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ® 200 ft. -All other projects 2.Total area of Riverfront Area on the site of the proposed project: approx. 21,135 Square Feet ' 3. Proposed alteration of the Riverfront Area: approx. 9,752 approx 3,372 approx. 6,380 a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. ' 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No I wpaform3.doc•rev.3/29105 Page 3 of 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/TownB. Resource Area Effects ' 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed 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 information you c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes 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 0(none) 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 0(none) Storm Flowage 1.Square feet ' 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ® Yes ❑ No If yes, describe which limited project applies to this project: (NOTE: not filed as a L.P.) 310 CMR 10 24(7)(c)(6) and 310 CMR 10 53(hg) for assessment monitoring containment mitigation, and remediation of release or threat of release of oil and/or hazardous material ' wpaform3.doc•rev.3/29105 Page 4 of 7 ' 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 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. [3Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a Top of Coastal Bank(field) Riverfront Area (based on MHW elev) narrative 5. Other resource areas delineated. LSCSF(Based on 100-year flood elevation) ' theex reso s eow D. Other Applicable Standards and Requirements area was delineated. 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 M No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife ' July 2005 Route 135, North Drive b.Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water ' line or in a fish run? a.❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries ' 251 Causeway Street, Suite 400 Boston, MA 02114 b. ❑ Not applicable—project is in inland resource area only 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 ' wpaform3.doc•rev.3/29105 Page 5 of 7 ' 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 ' ciryn-ovm D. Other Applicable Standards and Requirements 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. El 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 1 Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ® Yes ❑ No ' If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. ' b. If no, explain why the project is exempt: Although not exempt no new structures, impervious area or stormwater conveyances are proposed 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.) See Figure 1 in Wetlands Report 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.See Attachments 2(Site Plan)&3(RAM) 3. ® Other material identifying and explaining the determination of resource area boundaries ' shown on plans (e.g., a DEP BVW Field Data Form). See Attachment 1 (Wetlands Report) a. ® List the titles and dates for all plans and other materials submitted with this NOI. See NOI Index Page 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.3129/05 Page 6 of 7 ' Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands ' ,AI /� C DEP File Number PA Dorm 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ' City/Tom 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). t No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. ' Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: ' 3536 4/18/06 1.Municipal Check Number 2.Check date 3533 4/18/06 ' 3.State Check Number 4.Check date Hugh Mulligan (GMRC) 5.Payor name on check:First Name 6.Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand ' that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). 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 requested)to all abutters within 100 feet of the property line of the project location. I ' Sign f Applica t Date Sig ture f Pro a ffere Date N ' q �7 Sin e o epresenta if a ) Date For Co ervation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: ' One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal 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. ' wpaform3.doc•rev.3/29/05 Page 7 of 7 GULF OF MAINE RESEARCH CENTER INC. APPENDIX A Filing Fees to accompany a Notice of Intent For : Implementation of a RAM Plan ' 18 Thorndike Street Salem, Massachusetts L , t ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form i' 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 Patrick Delulis Pasquanna Developers, Inc. key to move a.First Name b.Last Name c.Company your cursor- 31 Collins Street Terrace `q do not use the d.Mailing Address 3 return key. Lynn MA 01902 I., _h e.Cityrrown I.State g.Zip Code (781) 595-8677 h.Phone Number 2. Property Owner(if different): ° a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown t.State g.Zip Code >i h.Phone Number rl 3. Project Location: :i a.Street Address b.Citylrown 7 To calculate g. Fees filing fees, refer to the category fee list and Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step lrType of Activity: Describe each type of activity that will occur in wetland resource area and f� buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. t; Step 311ndividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. r Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per f category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be ' multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract c; $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wmfo. doc•NO[Wegend Fee Trens ittal Fonn•rev.311105 Page 1&2 7' Massachusetts Department of Environmental Protection ;,tilt Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form . 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t, B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee ' Category 3d. Any activity associated with cleanup of i hazardous waste. 1.5 (BZ& RF) $1,050.00 $1,575.00 i Step 5/Total Project Fee: $1,575.00 ;{ Step 6/Fee Payments: ' Total Project Fee: $ a.Total fee fromom Step 5 5 $775.00 State share of filing fee: y,to total fee less$12.50 ' City/Town share of filling fee: $800.00c.112 total fee plus$12.50 ;a 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. Y Department of Environmental Protection Box 4062 ji Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent, a copy of this form; and the city/town fee payment. c.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated ' Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) I;t Wpaform3.dw•NOI Wetland Fee Tmnsmitlal Form•rev.31IM5 page Z a> rr v 3536 �rf GULF OF MAINE RESEARCH CENTER, INC. T R 204 LAFAYETTE STREET SALEM, MA 01970 - i 508-745-6618 53-179/113 ffy 't - DATE F < F A .. PAY _ r.,•. _ } '� TO THE ORDER OF DOLLARS t' a _ " EASTERN BANK 'f LYNN,MASSACHUSETfS 01901-1380_ 2 r FOR 11'00353611' 1:01i301798l: . 09 22 0 4ii n '�. .b ...._ ...v,......d....l.i-4.•u:YLf'-RTuw Y.!�Y��n.x..r-.... _ ..... �- ._._..._.a.�r-+.�.r.,.......—+,.m.r,.n....n..., .,r..._.._._....r. _ .. _ .. __ ....... ���yy� .�" Air �„ _ _ ...u�_v ..�_.__ ......� _ _ ...n.w,..wna.nN..4.v..a..wu...un�_...�i.�....r• ( :' ___ ;��.\- --- 3533 i GULF OF MAINE RESEARCH CENTER, INC. ;wit { 204 LAFAYETTE STREET SALEM, MA 01970 508-745-6618 53-179/113 1r t��.;,:. DATE I� PAY - w vJ' TOTHE 1 ORDER OF �\ L7 V pdv-J t x - "DOLLARS 8 -,r t EASTERN BANK LYNN,MASSACHUSETfS 01901-138(02�Q FOR r'itXry° h T S 11'003533ii' 1:0ii30i798j:,-09 . 2240^-,0 _ J t — " i1 E w u,,,�_,se,�wGr3.,t.l,.flr,1�: .� ._.... ......nw.....,Aw:opn�._..Ss,.ie5i1:....,.._..=.u:.+z.., cC�itt7:Y>e,n_ .n.. __ -.F r_ ,...... .s._4.., �xm._ .,x.. ..Y-. ..d1,�.nw.; .a:WSE�+c..v,iuC.i6� —..x `.• 1rn, ` GULF OF MAINE RESEARCH CENTER INC. APPENDIX B Abutter Notifications to accompany a Notice of Intent For : Implementation of a RAM Plan 18 Thorndike Street Salem, Massachusetts 1 1 I, � AFFIDAVIT OF SERVICE ' Under the Massachusetts Wetland Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Joseph H. Orzel hereby certify under the pains and ' (Name of Person Making the Affidavit) penalties of perjury that on April 18, 2006 1 gave notification to abutters in compliance with ' (Date) the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the Massachusetts ' Wetlands Protection Regulations (310 CMR 10.00) in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Pasquanna Developers Inc with the Salem I ' (Name of Applicant) (Name of Municipality) Conservation Commission on April 18, 2006 for property located at ' (Date) 18 Thorndike Street Salem MA (Address of Land Where the Work is Proposed) The form of the notification, and a list of the abutters to whom it was given and their ' addresses, are attached to this Affidavit of Service. Jo 106 ' Name -0 Date 1 ' Notification to Abutters Under the Massachusetts Wetlands Protection Act ' In accordance with the second paragraph of Massachusetts General Law Chapter 131, Section 40, you are hereby notified of the following. LA. The name of the applicant is PaSOuanna Developers Inc. B. The applicant has filed a Notice of Intent with the Conservation Commission ' for the municipality of Salem.MA seeking permission to conduct work within 100 feet of an Area Subject to Protection Under the Wetlands Protection Act (General Laws Chapter 131, Section 40) . C. The address of the lot where the activity is proposed is 18 Thomdike Street, Salem MA D. Copies of the Notice of Intent may be examined at Salem Conservation ' Commission, 120 Washington Street Salem MA between the hours of 8:00 AM to 4:00 PM Monday through Wednesday 8:00 AM to 7:00 PM Thursday and 8.00 AM to 12-00 PM Friday ' For more information, call: (978) 745 - 9595 Check One: This is the applicant ❑, representative ❑, or other 0 (specify) : Salem City Hall E. Copies of the Notice of Intent may be obtained from either (check one) the ' applicant ❑, or the applicant's representative 0, by calling this telephone number (978) 745 - 6618 between the hours of 9 AM to 5 PM ' Monday through Friday F. Information regarding the date, time, and place of the public hearing may be ' obtained from Salem Conservation COmmiSsion by calling this telephone number (978) 745 - 9595 between the ' hours of 8:00 AM to 4:00 PM Monday through Wednesday 8:00 AM to 7 00 PM Thursday and 8:00 AM to 12:00 PM Friday Check One: This is the applicant ❑, representative ❑, or other N (specify) : Salem City Hall ' NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Salem Evening News (name of newspaper) ' NOTE: Notice of the public hearing, including its date, time, and place, will be posted in the City or Town Hall not less than forty-eight (48) hours in advance. NOTE: You may also contact your local Conservation Commission or the nearest Depart- ment of Environmental Protection Regional Office for more information about this application or the Wetland Protection Act. ' To contact DEP, call the Northeast Regional Office at (978) 694-3200 Patriot Properties Salem 04/18/2006 Abutters List 11:31:26AM Filter Used: DataProperty.ParcellD='37-0038-0'OR DataProperty.ParcellD='37-0024-0' OR DataProperty.ParcellD='37-0025-0' OR DataProperty.ParcellD= '37-0026-0' OR DataProperty.Parcel l D='37-0027-0.. "N � _ v saa ( iFt. �n^a'! tilt ' k= SE �tio- ; t;,�; �aC ice.. a,�. a ,.dd'ub;, p n :.�ai "i ® asa "A 1`.. liffm 'a ram It q `1 T� cSI s F.a aV1 � I _.�. e r ma.7,ri Oaa 'ate � `a1 "J�af � a/ $11 W, . i 3.d a 4' v �i @I11 F � 01`=1_ is d '� 9 �^w' 3 r _ t :sa1+ v. i ,., �: a K 88 ' 9 i " �� 7�v` ',i .aI :�71 ` _. a ar she '' =U . ' � ParcellD Location Owner Co-Owner Mailing Address City State Zip 37-0024-0 15 THORNDIKE STREET RAMOS VICTOR 15 THORNDIKE STREET SALEM MA 01970 37-0025-0 21 THORNDIKE STREET RAYMOND DAVID 21 THORDIKE ST SALEM MA 01970 37-0026-0 22 THORNDIKE STREET MASS COMMONWEALTH OF DEPT OF PUBLIC WORKS MA 37-0027-0 20 THORNDIKE STREET ELENA MARIA TEJADA RAMON 20 THORNDIKE ST SALEM MA 01970 37-0028-0 16 THORNDIKE STREET ALIX MARIA 16 THORNDIKE ST SALEM MA 01970 37-0029-0 14 THORNDIKE STREET TAVARES JOSE A 14 THORNOIKE ST SALEM MA 01970 37-0030-0 12 THORNDIKE STREET PLECINOGA PETER P PLECINOGA BARBARA M 12 THORNDIKE STREET SALEM MA 01970 37-0031-0 8 THORNDIKE STREET SMITH MARGARET A SMITH RICHARD P 8 THORNDIKE ST SALEM MA 01970 37-0032-0 6 THORNDIKE STREET ENGDAHL THERESA M 6 THORNDIKE ST SALEM MA 01970 37-0033-801 2 U1 THORNDIKE STREET MORRILL DANIEL 2 THORNDIKE ST U1 SALEM MA 01970 37-0033-802 2 U2 THORNDIKE STREET UPHOFF HOPE E 2 THORNDIKE ST U2 SALEM MA 01970 37-0033-803 2 U3 THORNDIKE STREET PALLESCHI CARL A 2 THORNDIKE STREET U3 SALEM MA 01970 37-0034-0 22 BRIDGE STREET DAVIS RICHARD S DAVIS GAIL C P O BOX 5127 BEVERLY FARMS MA 01915 37-0035-0 20 BRIDGE STREET DUMAS JOHN J 20 BRIDGE STREET SALEM MA 01970 37-0036-0 18 BRIDGE STREET MARIGOT BAY REALTY,LLC JAGOLTA RICHARD W 41 CHESTNUT STREET SALEM MA 01970 37-0037-0 11 HUBON STREET MARIGOT BAY REALTY,LLC 41 CHESTNUT STREET SALEM MA 01970 37-0038-0 18 THORNDIKE STREET WELCH CARYL N 38 GINGERBREAD HILL MARBLEHEAD MA 01945 37-0039-0 15 HUBON STREET BENNETT JOSEPH C SENNETT MARY JOYCE 15 HUBON ST SALEM MA 01970 37-0040-0 17 HUBON STREET MURTAUGH PATRICK D 17 HUBON ST SALEM MA 01970 37-0041-0 19 A HUBON STREET SEMONS WILLIAM C - 19 HUBON ST SALEM MA 01970 37-0042-0 14 HUBON STREET TAMILIO ROBERT ELEANOR 19 EDEN GLEN AVENUE DANVERS MA 01923 37-0043-0 10 HUBON STREET SWASEY LORI J SWASEY MICHAEL F 10 HUBON ST SALEM MA 01970 37-0044-0 8 HUBON STREET BLANCO TEODORO C BLANCO EDITH 8 HUBON ST #1 SALEM MA 01970 37-0045-0 16 BRIDGE STREET WYMAN DONALD 14 BRIDGE ST SALEM MA 01970 37-0046-0 14 BRIDGE STREET WYMAN DONALD 14 BRIDGE ST SALEM MA 01970 37-0047-0 1 AMES STREET RYBICKI JAMES C RYBICKI BONNIE M 1 AMES ST SALEM MA 01970 37-0048-0 3 AMES STREET GAGNON RICHARD LAUREL A 3 AMES ST SALEM MA 01970 37-0049-0 5 AMES STREET 5 AMES STREET REALTY TRUST GALIATSATOS MARGARITA 5 AMES STREET SALEM MA 01970 37-0050-0 11 AMES STREET TAMILIO MARY 11 AMES ST SALEM MA 01970 End of Report I GULF OF MAINE RESEARCH CENTER INC. ATTACHMENT I r Wetlands Report To accompany a ' Notice of Intent For : ' Implementation of a RAM Plan 18 Thorndike Street Salem, Massachusetts Prepared By: Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem,Massachusetts ' Gulf of Maine Environmental Consulting Services Research Centerinc. 204 Lafayette Street • Salem, MA 01970 V April 17, 2006 Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: Wetlands Report Notice of Intent for Implementation of a RAM Plan ' 18 Thorndike Street, Salem,MA 1 Dear Commission Members: This Wetlands Report accompanies a Notice of Intent under the Massachusetts ' Wetlands Protection Act(M.G.L. c. 131, § 40, the "Act") and Regulations (310 CMR 10.00, the "Regulations"). The Notice of Intent is being filed with the Salem Conservation Commission for implementation of a Release Abatement Measure (RAM) Plan. Gulf of Maine Research Center, Inc. (GMRC) has been retained by the applicant, Pasquanna Developers, Inc., to perform environmental investigations at the property located at 18 Thorndike Street in Salem, Massachusetts(the "Site"). GMRC has prepared a Release Abatement Measure(RAM)Plan for the Site under the Massachusetts Contingency Plan(310 CMR 40.0000), a copy of which is included as Attachment 3 to the Notice of Intent. ' GMRC has delineated the upper boundaries of jurisdictional Wetland Resource Areas at the Site in accordance with the Massachusetts Wetlands Protection Regulations. This report describes the Wetland Resource Areas present at or in close proximity to the ' Site, the wetland delineation methodology, and the activities being proposed within jurisdictional areas under the RAM Plan. 1.0 SITE DESCRIPTION 1.1 General Location The Site located west of Bridge Street between Thorndike and Hubon Streets and just east of the existing end of pavement for the Bridge Street Bypass (Figure 1). i ' The property consists of approximately 36,331 square feet(t0.83 acre) of land identified as Map 37/Lot 38 by the City of Salem Assessors records(Figure 2). ' The Site is bounded to the north by Hubon Street and residential properties, to the east by residential properties facing Bridge Street,to the south by residential 1 \ di � ,'R: �.+ �'-:''l ` __ 'i� •may ., . .1 r� p r �'ti Pork i': , ..i)• r �edn ' �� \\ � ,� .. L NCH � • � 9* s d�+ r ^ •� i FIGURE 1 SITE LOCUS ' SITE: 18 Thorndike Street, Salem, MA ' BASE MAP: USGS Topographic Map, Salem Quad, (1985) APPROXIMATE SCALE: 1:25,000(contour interval 3 meters) ' GULF OF MAINE RESEARCH CENTER, INC ' Wetlands Report;Notice ofintentfor Implementation ofakAMPlan;18 Yhormijkle Street,Salem,MA pg. 2of9 1 1 37 �JI Ij 37371 iJ5///��j 37sQQ a \ � 3 y 'r I / va r 749 \� 3 t 3748M44 4 37zQ 6 °ss 375W45 27 j SITE s o37- p, 7_ { t � 37 1 .�r Fes° o t z3H 7 7 3 e �. T zs sS } yORN s 37. �3 37- 34 Pf � Y V4 ♦ ♦• ♦ 37 �"'o `��� Sr z 3 iQA33 ( �y / `�7 ♦ iPo 1 ♦ �� •� ;ice 7iW7 m n ti Jl4 Q7 7 /^ 37� W2 n �� ♦.♦ \ �� 37 7 3 > i ♦ / \ �. 37,W912 ♦ r 1 FIGURE 2 ASSESSORS MAP WITH 100 FOOT ABUTTERS HIGHLIGHTED ' SITE: 18 Thorndike Street, Salem, MA 1 BASE MAP: City of Salem Assessors Map#37 APPROXIMATE SCALE: 1"= 114' 1 GULF OF MAINE RESEARCH CENTER, INC ' Wetlands Report;Notice oflntent for Implementation ofa RAMPlan;18 Aorndike Street,Salem,AM pg. 3 of properties and Thomdike Street, and to the west by the Bridge Street Bypass and the Danvers River near it's confluence with the North River. 1.2 Site Conditions ' The Site consists of previously developed upland that is now vacant. Currently, a brick garage is the only structure present on the property. Historically, there have been various buildings and uses at the Site, including: a bam, a wagon shed, storage buildings, and use as a contractors yard. One to five feet of fill, consisting primarily of concrete fragments,brick, gravel and soil, is present over the entire property. The property is now classified by the Massachusetts Department of Environmental Protection as a disposal site where a release of beryllium, polynuclear aromatic hydrocarbons (PAH), polychlorinated biphenyls(PCB) and extractable petroleum hydrocarbons (EPH) have been discovered in the soil. A Release ' Abatement Measure(RAM)Plan has been prepared for the Site by GMRC, and is included as an attachment to the Notice of Intent under separate cover(NOI Attachment 3). Information regarding the soil contaminants is provided in detail in ' the RAM Plan. ' 1.3 Topography and Water Bodies/Waterways The Site is generally level, except for a Coastal Bank present at the extreme ' west end of the property adjacent to the Bridge Street Bypass and the Danvers River. Elevations over the Site range between approximately 10 and 14 feet(NGVD), with most of the Site at an elevation of approximately 12 feet(see Site Plan,NOI ' Attachment 2). A Tidal Flat of the Danvers River is located under the Bridge Street Bypass, ' immediately west of the Site. The mean high water line is located off site, between 3 and 12 feet from the Site's western property line. 1.4 Flood Zones The FEMA Flood Insurance Rate Map(FIRM) for the Site (Community Panel ' Number 250102 0001 B,August 5, 1985) is included in Figure 3. As can be seen on this map, the majority of the property (essentially the entire Site) is within a Zone C area, indicating an area of minimal flooding. A small area at the extreme western end of the property is within Zone A2, indicating a 100-year flood zone where the flood elevation has been determined. ' Based on the FIRM,the 100-year flood elevation at the Site is 10 feet (NGVD). The 100-year flood elevation line (i.e., the 10 foot contour line) is accurately shown in the Site Plan accompanying the Notice of Intent, and is located at the extreme west end ' of the Site on the face of the Coastal Bank. ' Wetlands Report;Nonce oflntent forlmplementatlon ofa RAM Plan; 18 Thorndike Street,Salem,MA pg. 4 of9 • '�NN r wxfi � � 7ys APPROXIMATE500 +���wTgn'r rt-�a�++<�Z 'IP '" � �,"�T i 4�.`v� �a`'us? .� � ,qik ,��� fl kJ'xf.�'p•r NATIONAL FLOOD INSOUNCE FROG14� IIII� ���Y�nnf��'fl` ', � t•?'v��i�'wg'`3� ���x������r<y �'"����gd� ��� �,%a,^'.* r FODASURANCE RATE MAP �� 4xCa I �' � �a¢ me3C °a tiN� "jk 'it � • '�4."� G��, k+��'�`t`PJ b'3r5 'G l Z4 ESSEX COUNTY r i uy tea. fi"k0.�Y'�y^ .w4� PANEL 1 OF 4 ISEE INDEX FOR PAENELS NOT PRINTED) sM�,a:'�,fiFvsF / • � ® ' �fi �. '.�"w7 .. � °�G v �� fib.. � ?50102 0001 i a '.at gw5�Al" a ay t & r r s zx' rba �' svxx' y�'�,.�t+'�-,Y"}#z`E,i 3 'V-�`r,nt`�d"2- x�ii. ��5; f�. r,�✓ 4a1"a .`��.5 �'- it ��{�� �:vLtr•"s{" ,7 x� x �` � *,ems ��., � q�1 rm '�"5.-fast��g+a �'��`^^��'!'iS�i'�� .•' ,m�',rkf&F;: GULF OF MAINE RESEARCH CENTER, INC. ' 1.5 Soils ' As indicated on the NRCS (SCS) Soil Survey Map(see Figure 4), soils at or in close proximity to the Site are mapped as Urban Land 3-8% slopes. Urban Land consists of areas where the soils have been altered or obscured by urban works and ' structures where buildings, industrial areas, paved areas, and railroad yards cover more than 75% of the surface. Soil mapping provided in Figure 4 was obtained online from data prepared by the MRCS - SSURGO digitized soil mapping. The Survey Geographic (SSURGO) database was produced by the U.S. Department of Agriculture,Natural Resources ' Conservation Service and cooperating agencies for the Soil Survey of Essex County Massachusetts, Southern Part. The soils were mapped at a scale of 1:24,000 with a 3- acre minimum size delineation. Enlargement of these maps to scales greater than that at which they were originally mapped can cause misunderstanding of the detail of mapping. If enlarged, maps do not show the small areas of contrasting soil that could have been shown at a larger scale. The depicted soil boundaries and interpretations ' derived from them do not eliminate the need of onsite sampling,testing, and detailed study of specific sites for intensive uses. Thus, this map and its interpretations are intended for planning purposes only. Digital data files are periodically updated. Files ' are dated, and users are responsible for obtaining the latest version of the data." Soils were inspected at numerous locations across the Site during test pitting ' investigations. These investigations revealed that essentially the entire Site is covered with one to five feet of fill material consisting primarily of concrete fragments, brick, gravel and soil. ' 1.6 Vegetation The Site is currently vacant and contains primarily an open field community with some pioneer species of shrubs and trees present. Scattered larger trees are also present, generally along property lines. In general, common vegetation over much of ' the site consists of upland species such as Timothy grass(Phleum pratense,FACU), white clover(Trifolium repens,FACU-), mugwort(Artemisia vulgaris,UPL), Japanese Knotweed(Polygonum cuspidatum,FACU-), staghom sumac (Rhus ' typhina,UPL), and shrub sized black locust(Robinia pseudoacacia,FACU-) and Norway maple (Acer platanoides,UPL). ' 1.7 Rare Species Habitat and Vernal Pools The MassGIS Datalayer of Estimated Habitats of Rare Wildlife and Certified Vernal Pools(July, 2005) shows no Estimated Habitats at or in close proximity to the Site. The Natural Heritage Certified Vernal Pool MassGIS datalayer(July 2003) I ' indicates no Certified Vernal Pools (CVP's) in close proximity to the Site. The Natural Heritage Potential Vernal Pool MassGIS datalayer(December 2000) indicates no Potential Vernal Pools (PVP's) in close proximity to the Site. ' Wetlands Report,Notice oflntentfor Implementation ofaRAMPlan; 18Thorndike Street,Salem,MA pg. 6of9 GULF OF MAINE RESEARCH CENTER, INC. a is File edit View Thelze Tools Help a ,_ �___ — �I TI�igIf 1,•J`+:7 TIm ��4 I Jr�,j-g 4-6 ( oily►%� bl S01 ESSOU �I� a .► a Location:X:250,289. Y.920,695. Feature: AtWbAes: r_1,SHELLFISHSUITz p.. '•7Dt �"' " „ ' 'Feld Valuer I f, : �, MUKEY 791425 rgDSGAPi ,. ," ' s -IA ' i ESSO SOILS 8186 ® I� r7�,:, SLOPE 0 k SS AREA ESSOU PFIA92005 POL'�i d e �i ESSO SOI I 8157 �' t( .« ,• �I Featureld 8185 .! 1 h II STATELEG 602 ❑y P/F4C1 A „t r d,�, ,4"' � MUSYM 602 ` • '' iiAREA ODE 1i2304184 rAezooS Po wHt " ® ' PERIMETER 68791 805 rj CVPM1 , : ) • -� .' + z t features bond soi_essou _� P01Y9on_ 1 • � a " � Y s • n y F s x:25029e:01� .: aw wn 172f a � -••. -_. . -. _ 1 1:2062 Feet IN 200 m 400 500- 600_�_.700 !00 900 _ _1000 Imi Idenfify tool activated- _ _ _ __ _ _ _ e _ _ _ _ Aotrve Theme.SOI ESSOU Ju FIGURE 4. NRCS SSURGO Soil Survey Map, Southern Essex County,Massachusetts, 01/12/2006 (MassGIS) Wetlands Report;Notice ofintentfor Implementation ofaRAMPlan; 18Thorndike Street,Salem,AM pg. 7of9 ' 2.0 JURISDICTIONAL WETLAND RESOURCE AREAS ' Wetlands at the Site were delineated by GMRC on July 12"', 2004. The jurisdictional Wetland Resource Areas present at the Site are: 1. Coastal Bank; ' 2. Land Subject to Coastal Storm Flowage; and 3. Riverfront Area. 4. A Tidal Flat is also present near the Site, at the base of the Coastal Bank ' and under the bypass road,but does not occur on the property. ' 2.1 Delineation of Land Subject to Coastal Storm Flowage The extent of Land Subject to Coastal Storm Flowage was determined ' based on the FEMA Flood Insurance Rate Map 100-year flood elevation at the site, which is 10 feet NGVD. This resource area is present up to the 10-foot elevation contour line, which was determined on the Site by field survey. This elevation contour falls near the top of the Coastal Bank at the extreme west end of the property. Therefore, LSCSF is restricted to the Coastal Bank on the Site, and only covers approximately 200 square feet along the extreme west end of the ' property. i ' 2.2 Coastal Bank Delineation The only wetland boundary delineated in the field was the top of the Coastal Bank. This boundary was identified in the field with pink colored ' surveyors flagging labeled CB-01 through CB-06. As described in DEP DWW Policy 92-1,the top of the Coastal Bank was ' determined by site-specific slopes and elevations relative to the 100-year storm elevation. At the Site, the Coastal Bank extends just slightly above the 100-year flood elevation(10 feet NGVD)because the slope is greater than 4:1 (h:v) at this ' point. The top of the Coastal Bank is the point above the 10-foot elevation line where the slope becomes less than 4:1, which is essentially immediately above the 100 year flood elevation. As with LSCSF,the Coastal Bank at the Site is restricted to approximately 200 square feet at the extreme west end of the property. 2.3 Riverfront Area Delineation ' Under the Riverfront regulations,the Mean Annual High Water Line is considered to be the Mean High Water Line in tidal rivers. Therefore, because the Danvers and North Rivers are tidal at this location, the Riverfront Area was ' determined based on the Mean High Water(MHW)elevation at the Site. The mean high water elevation is indicated on the site plan as ' approximately 4.4 feet NGVD. This elevation occurs along the lower portion of ' Wetlands Report;NoticeofIntentforImplementationofaRAMPlan;18ThorndikeStreet,Salem,AV Pg.8of9 I ' the Coastal Bank west of the Site, and along a concrete seawall north of the Site. The Riverfront Area extends 200 feet from this elevation contour and includes the ' majority of the property. ' 3.0 PROPOSED ACTIVITIES The proposed activities are associated with the implementation of a Release ' Abatement Measure (RAM)Plan for the Site. A copy of the RAM Plan is provided as Attachment 3 of the NOI under separate cover. A brief review of the proposed activities is provided here. ' The objective of the RAM Plan is to excavate and remove surficial soil along the Thomdike Street side of the property, which contains elevated concentrations of ' beryllium,PAH,PCB and EPH, in order to reduce potential risks to Human Health, Safety,Public Welfare and the Environment. Soil contamination in this area extends down to the 2-foot depth. ' Surficial soil will be excavated and either stockpiled and covered on the property until disposed or managed in a load and go procedure until the contaminate soil is ' removed. Groundwater is present at a depth of 7-9 feet. The property will be retested after the soil has been removed to confirm that no significant risk of harm to Human Health remains after the contaminated soil has been excavated and disposed of. Activities noted above for the RAM Plan will necessarily occur within the Riverfront Area and Buffer Zone of the Coastal Bank. A sediment barrier consisting of hay bales and filter fabric silt fence will be installed along the top of the Coastal Bank to prevent potential sedimentation onto the bank and downgradient coastal resource areas. Jo ph 4. Orzel ' Senior Wetland Scientist ' Wetlands Report;Notice oflntent for Implementation ofa RAMPlan; 18 Thornlike Street,Salem,MA pg. 9 of9 1 GULF OF MAINE RESEARCH CENTER INC. 1 ATTACHMENT 2 Site Plans ' To accompany a ' Notice of Intent For : ' Implementation of a RAM Plan 18 Thorndike Street ' Salem, Massachusetts Prepared By: North Shore Survey Corporation 14 Brown Street Salem,MA 01970 GULF OF MAINE RESEARCH CENTER INC. ATTACHMENT 3 ' (Under Separate Cover) Release Abatement Measure (RAM) Plan 18 Thorndike Street, Salem, MA To accompany a ' Notice of Intent For : Implementation of a RAM Plan 18 Thorndike Street Salem, Massachusetts Prepared By: Gulf of Maine Research Center,Inc. ' 204 Lafayette Street Salem,MA 01970 1 1 1 07/13/2006 15:18 9787418648 GULF OF MAINE PAGE 02 GULF OF MAINE RESEARCH CENTER INC. ENVULONMENTAL CONSULTING SERVICES 704 LAFAYETTF STREET SALEM. MA 01970 July 13,2W6 (978)745-6610 Qom,., FAX(978) 741-8648 S@b*CA1111110114dion Commission 120%ishinoon Street Sheet,MA 01970 RE: Rogtunt for Coutimsmee M for Lnplamerrmtion of a RAM,Plan 18 Tho uhU Street,Salem,MA Piste Developers,Inc. DEP File#64-413 Daarcmrimission members: We have Tcmlved test results on additional soil samples taken at 18 Thorndike Street and have C01111 feted a revised soil removal plan for approximately 90%of the Site. I lowever,the ao111Y"results indicated that additional soil testing is necessary in the area adjacent to the COMW Bank. I expect to have results on this additional testing, and a revised soil removal plan, Prim to Neat scheduled Conservation Commission meeting. Therefore,on behalf of the applicam, I am requesting a continuance of the public hearing for Ob proltict to the next scheduled Conservation Commission meeting. Sincerely, 6 ' 0'."// Joseph H. Orzel Senior Wetland Scientist cc: PMridr Deluhs Pibfptaoni Developers,Inc. 91 QAhw Street Tempe Imo.MA 01902 fiat:(781)593-7840 07/13/2006 15:18 9787418648 GULF OF MAINE PAGE 01 Ouff of Maine Atmm mrch Caintaw Inc. zoo t.atsyette street smiwm, MA 019701 745-668 FAX (97et 741-8649 y,n' oiMRC204(pearthllnk.net FACSIMILE TRANSM117AL COVER PAGE PLEASE DELIVER THE FOLLOWING PAGES T0: NAME: Frank Taormina DATE: July-,0,,300¢____— FIRM: Salem Conservation Commission _—. . . . -- FACIIIMAILE NUMBER: ( _78)740-0404 TIME: 1100 ISM REGARDING: I8 Thom-dike Street—&Quest for a Continuance ....._ _.—_ FROM: Joyeph Orzel CC: _..._...._ . _.._._ TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: ., .? Dear Mr,Taormink Attached is a lelternquestM a continuance of the NOI public hearing for I R Fhorndike ltreet. PWm all with my comments or questions. Siltoerely, Joapka Oral SW or Wetland Scientist Gulf of Maine Research Center,Inc. CONir1DENTMUTY NOTICE That FAX transmfaslon and any accompanying documents Contain information from the office or GUI{of Maine Reaaa►oft Confer Inc. which is confdm*andibr privileged. The information is intended to be for the use of the indhtlduef or enfky named on this transmission sheet. If you are not the intended recipient, be aware that any dsobaft. copying, distribution or use of the contents of this FAX information is prohibiters If you have received INS FAX in error pbaee notf y GaMof Maine f wereh Center Inc. st 976-746-6616.