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64-324 - 1 CANELEY WAY/VALLEY STREET - CONSERVATION COMMISSION J�r� ��-� �� �w 3?y �,, ST Mugs ! Ceti cofA �y �0 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-324 WPA Form 8B — Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Ledgewood Hills Realty Trust computer, use Name only the tab key to move P.O. Box 780 your cursor- Mailing Address do not use the Lynnfield MA 01940 return key. CityFrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Ledgewood Hill Realty Trust Name May 24, 2001 64-324 Dated DEP File Number 3. The project site is located at: Valley Street ((1 Caneley Way) Salem Street Address City/Town Map 15 Lot 446 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Same Property Owner(if different) South Essex NA NA County Book Page 35442 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Novemeber 7, 2001 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: WPA Form 8B Page t of 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8B — Certificate of Compliance 6y-3 p Providedd by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: ScJw.� tv'ovtrbcr 8' 2�•-0\ Conservation Commission Date of Issu nce This Certificate must be signed by a majority of the Conservation Commission arAa copy sent to the applicant and appropr*ate DEP Regional Office JSee Appendix,,A). Signatures: �t n ^ , On E f qVX\,s Of No�t�:E�e�' 2vo\ Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/sht execut d the same as his/her free act and deed. �hv.S1c �J Notary Pubic Pubic My comr�pires N/PA Form Be Page 2 of 3 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-324 WPA Form 8B — Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of PP P 9 P 9 [Y 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: Valley Street(1 Caneley Way) 64-324 Project Location DEP File Number Has been recorded at the Registry of Deeds of: South Essex County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: I� If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant WPA Farm Be Page 3 of 3 Rev.02100 I,iiis/a1 AU\ ON::i9 I:A f7J 001 Massachusetts Department of Environmental Protection DEP Fit e Number: Bureau of Resource Protection - Wetlands 6ti -324 WPA Form 8A — Request for Certificate of Compliance Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: t This equest is being made by: When filling out � forms on the J _ computer, use — Name only the lab key to move ---------- --- --- --your cursor- Mailinp Address y, do not use the Z44-e /_ / -1 return key. 'Cityrt n State Zip Code VQ Phone Number 2. This request is in reference to wor reg fated by a final Order of Conditions issued to: 1.5 Appllca IA4/V Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in ��r/�r�w��� an Order Of 1— Street Address• / -- — ity r n Conditions,the �j� property owner //� must request a Assessors�Plat Number PamevLol Number Certificate of 4. YThenal Order of Conditions was eco ded at a Reglst of Deed:;forComplianceonco th� egst yeedisfrom the issuing ��authority slating Ow difte t) l that the work or /rp�a portion of the ` ---vS� "— — work has been County Book Pepe satisfactorily ----------------_---- completed. Certificate(i1 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-refere nced Order of Conditions have been satisfactorily completed (use additional paper if necessant). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. Page I A 1 Re, Porn Pi. Rev 02i1`: ' G�-1l`11; 15:01 AON 00:00 EAX Z002 it Massachusetts Department of Environmental Protection DEP File Number; Bureau of Resource Protection - Wetlands b,1-324 WPA Form BA — Request for Certificate of Compliance Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to thief 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 frorh the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuirn3 authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. if the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). Paps 2 of 2 V A,Fo,:.BA 80V ozrl r t1 r, � e ff { r i '*F{��'� �r ✓ } 5`-•u4 .+r.�, � 's �i{'�,'' � � dot A .T .�e•Jf G ,` fir( L L �� 1 ,,� /p" ' ra low 9k ��� , �i'IM1J,F_j•5Y � x�. I s } f sF •� a �t saher V\ep.i .N i A I - .. �ra 2a R Y: p A 4 P 4` �1 e' k + f ,S tI WW 1 A � w ,� h ,gfMw}Jb :k. *�.rUr.�#�+�'�yyzM IlU' y: 'r�k't". �Y t•r J� k ar ;r S p1 Y.+ ^s§.x i .,tom`* # K Y � G,• ` .a i .✓ &'F =t � _+,aor "6. .a �� �.°•.+ �+����� Y#L.^ rc� r a r„.S � ° "�a'+ ,+. 'Y,,.� ..r' � .•S• .i .'+e".yk -�S^� :' 9'w � fix" �'r°_E+2 �,�� _ � . � �•`'•,`��;{bad' ' �k. • i wW—ll "Al .," I e-5m Z - 1 ^Y A LANOCOURTSURVEYS SUBDIVISIONS REGISTERED LAND SURVEYOR REGISTERED CIVIL ENGINEER LOTSURVEYS MORTGAGESURVEYS CONSULTING PARSONS AND FAIA, INC. 60 LEWIS STREET LYNN, MASSACHUSETTS 01902 i 593-7927 November 1 ,2001 Salem Conservation Commission Washington Street Salem , Mass. 01970 RE: DEP File#64- 324 Lots 141-142 Valley Street Salem , Mass. Ledgewood Hill Realty Trust CV Paul DiBiase Trustee 17T P.O. Box 780 t r Lynnfield, Mass. 01940 y y Dear Commission Members; 1 have reviewed the Order of Conditions filed with Land Court Certificate 73298. Also, I have made a visual inspection of the above referenced site. An "As Built" Plan has been prepared and is attached to this letter. In my opinion,the above referenced site was constructed in accordance with the Proposed Site Plan and Order of Conditions. If you should have any questions,please do not hesitate to contact my office. Sincer Chiles D F 1a ,.� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-324 � t WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions ae To: Applicant: Property Owner(if different from applicant): Ledgewood Hills Realty Trust(Paul DiBiase DiBiase Salem Realty Trust nnn Trustee) Name Name P.O. Box 780 10 Lookout Terrace Mailing Address Mailing Address Lynnfield MA 01940 Lynnfield MA 01940 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Valley Street Salem Street Address City/Town Map 15 446 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: South Essex County Book Page 35442 Certificate(if registered land) 3. Dates: April 9, 2001 May 24, 2001 May 24, 2001 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Proposed Site Plan Valley Street Salem MA April 4, 2001 Title Date 5. Final Plans and Documents Signed and Stamped by: Charles Daniel Faia Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02100 v Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-324 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 w B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply Fisheries Protection of Wildlife Habitat❑ ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore, 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, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property 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. WPA Form 5 Page 2 of 7 Rev.02100 w Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection - Wetlands 64-324 WPA Form 5 Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5�W ' B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-324 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Page 3 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-324 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): Findings as to municipal bylaw or ordinance Furthermore, the hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, WPA Form 5 Page 4 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Gay_32y WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating P to municipal ordinance orb law:Y This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. �1 v�, 9`1 Date �' This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of En ironmental Protection Regional Office (see Appendix A) and the property owner(if different from ap icant Signatures: �-�C/ r Day Month larIAZ before me personally appeared �b��lL Naw�c,S tome known to be the person described in and who executed the foregoing instrument and ack o dged that h /sh execute the sam�asNm/her free act and deed. Notary Public My Co mission Expires This Order is issued to the applicant as follows: N7( by hand delivery on ❑ by certified mail, return receipt requested, on C Date � Date WPA Form E Page 5 of i Rev.02100 L Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-324 s WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131,§40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Conservation Commission - WPA Form 5 Page 6 of 7 Rev.O/00 �. Department of Environmental Protection DEP File Number: - Massachusetts e I P Bureau of Resource Protection -Wetlands 64-324 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------------ To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Valley Street 64-324 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 Page 7 of 7 WPA Form 5 Rev.02/00 t� Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE# 64-324 Valley Street, Salem,MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-324, and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this property without prior approval from the Commission. I 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number 46 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site, the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be 30 hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash,construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 2IA,section 16. POST CONSTRUCTION 39. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individualltrust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. 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. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. The applicant shall notify the Conservation Commission prior to the excavation of the garage/basement. The Conservation Agent and/or Clerk of the Works shall be present during excavation to verify the groundwater elevation.In the event that the groundwater table is higher than what the applicant has stated,then the applicants shall stop work and reappear before the Conservation Commission for further discussion. 45. Stockpile of soil material shall be placed at the farthest extent away from the wetlands. Material that is stockpiled for more than a day shall have staked hay bales installed around its perimeter to prevent sediment runoff. 46. Rear roof drains shall be directed to the infiltration ditch. -AANCOCK Environmental Consultants # 8735 0 235 Newbury Street Route I North Danvers,NIA 01923 (978)777-3050 (978)352-7590 978) ( 9April 9, 2001 ` r (78 1)66296i9 L FAX(978)774-7916 Paul DIB1aSe 0 12 Farnsworth Street P.O. Box 780 Boston,MA 02210 Lynnfield, MA 01940 (617)350-7906 RE: Wetland issues Parlee and Valley Streets Dear Sir: On April 5, 2001, Hancock Environmental Consultants reviewed a delineation of wetlands at the northeast corner of Valley Street and Parlee Street (also known as Middle Street). This lot is shown on Salem Assessor's Map 15 as parcel 446. The property has a small amount of frontage on existing roadway in Valley Street. An existing gravel road is present within the layout of Parlee (Middle) Street. The abutting owner parks a car and a boat on the front fifty feet of the parcel. An intermittent stream flows across this parcel. This stream does not appear on the 1985 Salem USGS Quadrangle On April 5, 2001 the observed width of the stream was three (3)feet, and the depth two tenths (0.2) feet. No significant bank is present. The stream flows within a broad, trapezoidal swale ten (10) feet wide and approximately three (3) feet deep. Although the site visit occurred following recent very heavy rainfalls, no scouring, drift lines or other evidence of high flow was observed. The bed of the stream within the parcel has been paved with three (3) inch crushed stone and partially culverted by parties unknown. Some of the work appeared to have been recently done, but a January inquiry at the Conservation Commission office yielded no record of recent filings in the area. Wetlands surrounding the stream have been flagged by others. The delineation appears appropriate, and no new flags were placed by Hancock Environmental Consultants. The attached data sheets were prepared at the wetland margin, close to an existing wooden bridge within the layout,of Parlee Street. Vegetation and hydrology were deemed sufficient to determine the wetland boundary, as soils showed evidence of recent disturbance. t ; Ilk i:iin;nl'11:... >un r. :\Sind iatec. Ine. __ The wetland resource area was sketched by estimation onto a plot plan prepared by Charles Faia, dated 11/25/2000. I am advised that the wetland flags have been located by survey and that a Notice of Intent is in preparation for a proposed dwelling, grading and utilities. You have asked that I attend a meeting of the Salem Conservation Commission, scheduled for April 25, 2001, to address wetland issues relating to the filing. If you have any questions, please feel free to contact me. Sincerely, Hancock Environmental Consultants P.L. . Wetland Scientist Encl: Datasheets (manuscript) Copy Charles Faia Parsons & Faia 373-L; DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: oiBiase Prepared by: Hancock Environmental Consultants Project location: valley SI/Parlee sL Salem DEP File # : Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indications of hydrology used to delineate BVW boundary: fill out Sections I and II ❑ Method other than dominance test used (attach additional information) Section1. Vegetation Observation Plot Number:none Trans ect Number:six(6)feet upgradient Date of Delineation:April S,2001 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name) (or basal area) Dominance (yes or no) Category' Herbaceous MulGnorn Rose Rosa mulhflora 60 67 yes FACU Japanese Knotweed Polygonum cuspidatum 30 33 - yes FACU- Shrub Black Cherry - Nunus serotina 20 33 yes FACU Grey Dogwood Cornusfoemina 20 33 yes FACW' Norway Maple Acer platanus 20 33 yes not listed Tree Black Cherry P.serotina 320" 96 yes FACU Black Locust Robing pseudaacocia 50" 14 no FACU- .Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c. 131, s. 40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-, FACW, FACW+,or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusions: Number of dominant wetland indicator plants: 1 Number of dominant non-wetland indicator plants: S Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? no ;If vegolation alone is presumed adequate to delineate the EVW Ix undary,submit this form w8h the Request for Determination of AppiicablMy or Notioe of intent. MA DEP;3195 0735 Z ct�47� Other Indications of Hydrology: (check all that apply and describe) Section II. Indications of Hydrology ❑ Site inundated: 1. Soil Survey 0 Depth to free water in observation hole: larnches Is there a published soil survey for this site? 16 inches 0 Depth to soil saturation in observation hole: title/date: ❑map number: Water marks: soil type mapped: ❑ Drift lines: hydric soil inclusions: Are field observations consistent with soil survey? ❑ Sediment deposits: Remarks: ❑ Drainage patterns in BVW: ❑ Oxidized rhizospheres: none observed ❑ Water-stained leaves: 2. Soil Description Horizon Depth (inches) Matrix Color Mottle Color ❑ Recorded data (stream, lake, or tidal gauge; aerial photo; other): _ H ❑ Other: I i Vegetation and Hydrology Conclusion yes no i Number of wetland indicator plants ❑ number of non-wetland indicator plants Remarks: grade at transect is two(2)feet alms observed water level on 1:3 slope Wetland hydrology present: hydric soil present 3. Other: other indicators of hydrology present Conclusion: Is soil Hydric? no Sample location is in a BVW ❑ � Submd this form with the Request for Determination of Applicability or Notice of Intent • 1 Ell 3 �`f DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant:Disuse Prepared by: Hancock Environmental Consultants Project location: valley SUPariee St.Salem DEP File#: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indications of hydrology used to delineate BVW boundary: fill out Sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number.none Transact Number two fe!t two feet Date of Delineation:April 5,2001 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name) (or basal area) Dominance (yes or no) Category' Herbaceous Purple Lomeslrife Lythmin salicaria 70 70 yes FACW+' Shrub Red Maple Acer mbmm 20 50 yes" FAC' Grey Dogwood Cornusfoemina 20 50 yes FACW* Tree Red Maple A.ruhmm 173" 100 yes FAC' I I i i i i 'Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c. 131,s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-, FACW, FACW+,or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusions: Number of dominant wetland indicator plants: 4 Number of dominant non-wetland indicator plants: 0 Js the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes if vegetation alone is presumed adequate to delineate❑re s V W noundary,submit this rwm with the Request for Determination olAppOcatatlly or Notice olintenl. MA DEP;3195 t 737 Other Indications of Hydrology: (check all that apply and describe) Section II. Indications of Hydrology ❑ Site inundated: 1. Soil Survey 0 6inches Depth to free water in observation hole: Is there a published soil survey for this site? 0 cinches Depth to soil saturation in observation hole: title/date: map number: ❑ Water marks: soil type mapped: ❑ Drift lines: hydric soil inclusions: Are field observations consistent with soil survey? El Sediment deposits: Remarks: ❑ Drainage patterns in BVW ❑ Oxidized rhizospheres: noneobserved ❑ Water-stained leaves: 2. Soil Description ❑ Recorded data (stream, lake, or tidal gauge; aerial photo; other): _ Horizon Depth (inches) Matrix Color Mottle Color ❑ Other: I Vegetation and Hydrology Conclusion yes no Number of wetland indicator plants ❑ >_ number of non-wetland indicator plants Remarks: grade at transect is six(six)inches above otnerved water level on 1:3 slope Wetland hydrology present: hydric soil present ❑ 3. Other: other indicators of hydrology present � ❑ Conclusion: Is soil Hydric? Yes Sample location is in a BVW 0 ❑ Sabmtt this form wifh the Request faDetermination of Applicability or Notice of Intent. r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Providedby DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town at A. General Information Important: When filling out t- Applicant: forms an the Ledgewood Hills Realty Trust (Paul DiBiase Trustee) computer,use Name only the tab P . 0 . Box 780 E-Mail Address(d applicable) key 10 move your cursor• Mailing Address do not use the Lynnfield Mass . 01940 return key. Cityrtown Stale 781-334-9899 Zip Code Q Phone Number Fax Number(II applicable) 2. Representative (if any): Parsons and Faia Inc . Firm Charles Faia Note; Contact Name E-Mail Address d a ) Before 6 0 Lewis Street ( ppticable completing this Mailing Address form consult Lynn ,Mass . your local 01902 Conservation City own Slate Commission 781-593-7927 781-593-0806 Zip Code regarding any Phone Number municipal bylaw Fax Number(it applicable) or ordinance. 3. Property Owner(if different from applicant): DiBiase Salem Realty Trust Name 10 Lookout Terrace Mailing Adtlress Lynnfield Mass . 01940 CeyRown Slate Zip Code 4. Total Fee: $250 . 00 prom Appendix B:Welland Fee Transmhlal Form) 5. Project Locafior� alley Street Salem, Mass . Street Address - Cityrrown Assessors MaplPlal Number .. Parcel/Lot Number 6. Registry of Deeds: South Essex County Book Page Certificate(d Registered Land) "AFmm7 Ra. 02M Page 1 of 0 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection- Wetlands ` WPA Form 3 -.Notice of Intent Providedb DDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? 17 Yes If yes, how many square feel? 6 , 000 s . f . more or less ❑ No b. List the size of the impacts (Le., sq, ft.) of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Impact Size Resource Area Impact Size 0 B. Project Description 1. General Project Description: Construct a single family dwelling with driveway and related earthwork . 2. Plan and/or Map References. Proposed Site Plan Valley Street Salem, Mass . April 4 , 2001 Title U . S . G . S . 1.0cus Map Dale "A ee.m Rev 02M V.pe 2 of 0 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of intent Providedby DEp Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: 0 0 Square Feet altered 0 Volume or Flood Storage Lost(cubic teeq Square Feel replaced Volume or Flood Storage Compensalion(cubic feet) Land Under Water Bodies:0 Isolated Land Subjecl to Flooding: Square Feet ellered 0 Volume of Flood Storage Lost(cubic feel) Cubic Yards dredge Volume of Flood Storage Compensation(wbic leel) Bank: 0 Linear Feel altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: 0 0 Square Feel ellered Square Feel altered Cubit YardsNolume removed Cubic Yards dredged Sall Marsh: 0 Rocky Intertidal Zone: 0 Square Feel altered Square Feel ellered Coastal Bank: Designated Port Area: 0 0 Lmear Feet altered Square Feel altered t AF,,3 Ra. Pape)ae BWOMMEM Massachusetts Department of Env ironmental vironmental Protection ol=_r File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of intent Providedby DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: 0 0 Linear Feet altered Square Feet allered Land Subject to Coastal Storm Flowage: Beach: 0 0 Square Feel allered Square Feel allered Land Under Ocean: 0 Square Feel allered Cubic Yards dredged Riverfronl Area: a. Name of Waterway (if available): N/A b. Width of Riverfronl Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects C. Describe how the Mean Annual High-Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High-Water line: Feel e. Total area of Riverfronl Area on the site of the proposed project: Square Feel f. Proposed alteration of the Riverfronl Area: Tolal Square Feel Square Feel within 100 ft. wvn r,.m Square Feet relween 100 ff.and 200 ft Par 02= 1`90e 4 or! Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of intent Providedb_DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Torm C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Welland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP(attached) ® DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more welland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions Drior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of Stale-Listed Rare Welland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive El No Westborough, MA 01581 Dale of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): El No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L.c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? ❑ Yes ❑x No VMA Fom3 R8r 02'Op Peps 5 d 6 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of intent Provided by DEP Massachusetts Wetlands.Protection Act M.G.L. c. 131, §40 Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: © No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: ® No 3 a. Is the project located in the Riverfronl Area? g,o ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑x Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP StormwaiJj Policy? (] Yes If yes, explain why the project is exempt: Single family dwelling ❑ No If no, stormwaler management measures are required. Applicants are encouraged to complete Appendix C: Stormwaler Management Form and submit it with this form. VFA Fom b Ae+ 02M pep.6 of 6 t:4`S Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of intent Provided by DEP Massachusetts Wetlandlugs Protection Act M.G.L. c. 131, §40 Town E. Additional Information Applicants must include the following with this Notice of Intent (NOI): • USGS or other map of the area (along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locale the site. • Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dales for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B. Welland Fee Transmittal Form). No lee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. l_ Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: 418 4 ZG Check Number Payor name on check�1 Applicani name(II dinerent lr m payor G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice In a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail (return rec ' r uested) o all a tiers within 100 feet of the property line of the project location. ���© ' nature of Applicant Date Signature 01 Progeny Owner(il different) Dale Signature of Represet✓talrve(il any) Dale "A Form 3 Rev 07/00 Pere 7 de ' r \ion Massachusetts Department of Environmental Protection. DEP File Number: Bureau of Resource Protection - Wetlands ` WPA Form 3 — Notice of Intent Providedby DEP Massachusetts Wetlands Protection Act M.G.L, c. 131, §40. Town G. Signatures and Submittal Requirements (cont.) . For Conservation commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) by certified mail or hand delivery. Other: If the applicant has checked the"yes*box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies musl be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. VAAtmm: Ae• eND: Pepe 8 0 `1; a Cam ''11 I '-:_ Q 1 ' ::. !! (• S$11els c • [!y oryF / ..___ .. ._ .... GCm our9 - F 1 lam` Pt 1 BM3 a '3' F 32 r v 't ip 1 I � � II P het �I Is 00 9 .�uc //•F t�j1 =. tllehch I aLu Co U h lot r Tuck i� II ),F`i.r an Rocks PI • :•vhl n ��c_ iy0 r I Owe 11r A. \�L .BBVERLY i[ � , HARBOR f. t d I II L� •Yrf✓'I I/{ sry` �Iv(7� ; I I 1 i ;F� �'' � 1 d7 .r. . •i •F ' . 1 aY 11 tie h I�- _ I Em�IA '. . A [BW • t lxks 4�t LIFE 7h LI° �ow ♦i t � I eo rJ/' � Ir/.�:'. 's➢ / �L,A .,�I 2d '_=� a I ] . Tl 77 �•rJr[Hleh.. h _� I �P�y ,uF } �•4 1 A�, �- o / 9�' •I, . 'pe \'€I[fat � � � ' 3 rn n I 39 � • � •� ,W'C' ] .�� I�y'V Henele -'-7-r a n10 1'N =�., � �.• + ,>I a`F. ,m � _ _^ 1 r lb J,) � o Trddl.:�'��' :'>"*� • �j< //" ti 17_.a .tldrmanY�d .. u9 - 5 B f I� «`CCS ( ar° r � Eo?r� ' • ;40 A �: _ P lE r v� C- � r• � 7 ob � � •• Y 0 V o ` ald5 BM 4 Park ry jf�� / , f 7i n LY'E om bA \�i ('� I•L.m e�minal Wh Me 1'ry I ( Ma�11�frNa :- @el ���Y°'I4(I_I IllslFrl0.$IIR 8� o - '11 •,pA _ ti, 1 �1 /5 i Rn g - _I.•• t��. -- -- 4109 �:k yl -�-- 1 ^-n,' v 11 , �y L, IaR1 O�RbA�.r ✓% WtrET Ever �I T X r r Is le 1� 3iy�a1�' j�n IL L "0LL', r �� .. l . Long Pt y I mer 0� L. ,��� T r•� I. I �Sa N l yl'� 5,I�. .11� e 7 1� bsla,l +K 'R V7i1 •- ^ • q1� �`srK i almer �A l��. .-1--.— 4108 jt :n / — A . r,•;l_ ''S` t ,.. r �:. L - oc GQ AH.nv1�7 R 161U'P r , 0 I a• (, �� } ALvrig_,_iXl ZIE -t t k I � �p('Iy �[ \. r R v@! M.:�`:: rQ `-)\ F ,� :• `l c\\! I a I I(I l` 11- iW-I.�/ .vf liPJF�, c a rPP1 /�g PQ \I S6A1FM • r / C it`' B[gi�-r+ � l. SS TATEVO[ 1 u .-• {• \.1 o0r.�a- I r ell Cowie' 1 11 Ovl \ S / • If J� 'uIJ AIRtl A s�I 1 HLAan , - " 1r0]rwomN _ �_�. .i r•il � 1 i14 i � - 1�.1't �,,,', H IAA' Ir"�i i � layt « '�.,. 2 55' a43 • -.[ . soa. .. -.o..°«°v. 4 0 30' M4 n in �.. xxMrF 70°52' 3 „ 1 MILE ROAD CLASSIFICATION � 9'P Primary highway, Light duty road, hard or etF 5000 6000 70DO FEEL cm 'L hard surface improved surface eyF I KILOMETER Secondary highway, hard surface - Unimproved road I Interstate Route U.S. Route , 'Stale Route S MEAN LOW WATER ' MASS, { VARIABI E I MEAN Turn WATER 9 FEET p NRACY STANDARDS QUADRANGLE LOCATION SALEM, MASS. )N.VIRGINIA 22092 N4230-W7052.5/7.5 15 AVAILABLE ON REQUEST Revisions shown in rumple compiled in cooperation with Slate of Massachusetts agencies from aerial photographs takEn 1977 and other 1970 data. This intonnaGon not field checked. Map ediled 1979 PNOTOREVISED 1979 AMS 6869 III SW-SERIES V814 i e Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands. 1 WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When filling out A. Applicant Information forms on the computer, use 1. Applicant: only e tab key thmove Ledgewood Hills Realty Trust your cursor- Name - donoluselhe P . O . Box 780 _ return key. Mailing Address �1 Lynnfield Stale, Mass . 01940 City?own 781-334-9899 Zip Code Phone Number _ 2. Property Owner (if different): DiBiase Salem Realty Trust Name _ 10 Lookout Terrace Mailing Address Lynnfield ,Mass . 01940 Cityftown - - Slate — Zip Cole Phone Number 3. Project Location: Valley Street Salem Street Atltlress Cily/rown B. Fees To calculate filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category fee list and The fee is calculated as follows (check applicable project type). examples In Section D of this form. ❑ single family house project X 51.00= (leer of B VN1 Total fee(not to exceed 51001 , ❑ all other projects X 51.00= Teel of BVW) Total fee(not t eexceed S1,p00) Stale share of filling fee: (1l2 01 total fee less S 1250) Cilyrrown share of filling fee: (1/2 01 lolaep , VFA M",,.a At. C2T: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands , WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent (Form 4) or Notice of Intent (Form 3): The fee should be calculated using the following six-step process and worksheel: R:q Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) that will occur in welland resource area and buffer zone, Step 2/Number of Activities: Identify the number of each type of activity. Step 311ndividual Activity Fee: Identify each activity fee from the six project categories in Section D. Slop 4/Subtotai Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per calegory(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. Slop 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the cityltown share of the fee, divide the total fee in half and add $12.50. Step 1rType of Activity Step 21Number Step 311ndividual Step 4/Subtotal of Activities Activity Fee Activity Fee lA Single Family Dwelling L $250 . 00 $250 . 00 iv Step 5/Total Project Fee: $2 5 0 .o o Step 6/Fee Payments: Total Project Fee: $250 . 00 (Total fee from Slep 5) State share of filing fee: $1.12 . 5 0 (12 total fee lass$12.50) City/Town share of filling fee. $137 . 00 J;% (121ota1�2,50) V A Anoen1•E Re. LiJ7; Pepe 1 of 6 - VINCENT DIBIASEt INC. THIS CHECK IS M PAVMENI IM THE FOLLOWNG P.O.BOX 780 4183 LYNNFIELD,MA 01940 53-7163/2113 PAY G "ZI -f�GfLi � 8 .. DA DOLLARS CHECK TO THE ORDER OF CHECK NO. DESCRIPTION AMOUNT THE WARREN FIVE PEABOOY,MA 110001. i8311' *21 & 37i63131: It,90L97898' I I VINCENT DIBIASEt INC. THIS CHECK IS IN PAYMENT OF EFO OW NG P.O.BOX 780 4184 LYNNFIELD,MA 01940 53.7163/2113 Z�LT�F"-(J PAY it� -�'l�^�C�� � _ 8 :r... DATE TO THE ORDER OF ' DOLLARS CHECK :1 E X NO. DESCRIPTION AMOUNT THE WARREN FIVE PEABODY,MA 111004181.11' '1:'21437i6361: 14901978gill AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Charles D. Faia, Parsons and Faia, Inc. hereby certify under the pains and penalties of perjury that on April 26 , 2001 I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification ddted April 8 , 1994 , in connection with the following matter. Construct a single family r'welling A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Ledgewood Hills Realty Trust with the Salem, Massachusetts Conservation Commission on for property located at Valley Street Salem,Mass . 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. See attached sheet Name, 1 Date April 26 , 2001 LEGAL NOTICE Salem Conservation Commission Wetlands Protection Act Hearing The Salem Conservation Commission will hold a public hearing under G.L. Chapter 131 Section 40 on May 10,2001 at 7:00 P.M. in the second floor conference room at One Salem Green , Salem ,Mass,on the Notice of Intent of Ledgewood Hills Realty Trust to construct a single family dwelling on Valley Street,Salem , Mass. NOtifleation to Abutters Under the Massachusetts Wetlands PrOtectluo Aet In accordance with the second paragraph of Haseschueetts oensral Laws Chapter 1311 sectlon 40, you are hereby notified of the following. A. Tito name of the applicant is Ledgewood :Hills Realty Trust s. The applicant has flied a notice of intent "with the Conservation Commission for the municipality of Salem, Mass . aeeklnq Permission to remove, f 111 dredge or alter an Ares sub act to Protac- tlon under the Wetlands lrotsotlan Act (General Laws Chapter 131, section te) . C. The address of the lot"where the activity is proposed is Valley Street Salem,Masa . D. Coples of the "otice of intent may be oxawlned at Salem Planning Dept . between the hours of 8130AMend4s00P)1 On theNon-Thurs . and 8 � 30AM-12i00PM Fridayeallowing days of the weeks for more lnformatlon, call, ( 918 ) �745 _ 9595 X311 Check Onse This !s the applicant ❑, representati ❑City of Salem ve , or.other ® (specify) , a• Coples of the Notice Of intent may be obtained from either (check ono) the applicant ❑, or the applicant's representative ®, by calling this telephone number (781 ) 593 _ '7927 the followln da s Month Frieen day hours of 81OOAMand 4100PMon g y of the weeks y• Information regarding the date, time, and place of the public h saving may be obtained from Salem Planning Dept . by calling this telephone number ( 978 1 745 _9595 x311between the hours of Aj-2WI and 4 : 00PM on the ,[allowing days of the vseki Mon . -Ti,ura . Check Ones This is the applicant ❑, representative ❑, or other ® (specify) , City of Salem NOTEi Nctloe of the public hearing, lOuluding its dits time ub , and Published at least flue (5) days In advance I",the please gaNewslll be Salem Evening Inane el neaep@per) NOTES Notice of the public hearing Including Its•date, time, and Plaes, will be Poetsd IN the city or Town "all not lees then forty-eight (40) hours in advance. NOTEI you also may contact your local Conservation Commission or the nearest Depart_ most of Environmental protection As !veal office for mate Information about this apPllcetloa or the Nstlands protection Act, To contact DCP, cell.! Central neglonn 308-792-7650 northeast neglon, 9la-•661-7600 southeast negionl 508-916-2800 1lestern negloni 413-704-1100 Massachusetts Department of Environmental Protection DEP File Number: nN y Bureau of Resource Protection - Wetlands 64-324 m 4 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. RecordingInformation (cont.)� Detach on dotted line, have stamped by the Registry of�Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Valley Street 64-324 Project Location DEP File Number Has been recorded at the Registry of Deeds of: [f}fV7U � � ya��0,� f o • tZxxe c Cities County Book sjr'L(_/!(e Page for: LE1�GEt�ooA ;ft7u.J ,Ztapt--tY -Tim-S? Property Owner AA11- Drdale, 9Yr.J!tt 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: Z)\ Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: 131� 1�1--Wlkl Document Number q /Q L�— Signature of Applicant, pplican 1'L' 6. QAWL.1Y,31 4s e t tw,3tFA- WPA Forms 1 Ca'.yw���(���q )VL4 Pagel of Rev.02100 l� at