The URL can be used to link to this page

64-463 - 15,25 WINTER ISLAND ROAD - CONSERVATION COMMISSION / �. � la3 � (� � .�� l�nfer Zsl�d �• -_ .. o VVIP, ar1, CITY OF SALEM CONSERVATION COMMISSION September 28, 2009 Doug and Jean Karam 25 Winter Island Road Salem,MA 01970 Re: Certificate of Compliance—DEP H 64-463- 15 and 25 Winter Island Road, Salem,MA Dear Mr. and Mrs. Karam: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Carey Duq es Conservation Agent/ Staff Planner Enclosures CQ Ann and Paul O'Shea DEP Northeast Regional Office J Massachusetts Department of Environmental Protection i Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-463 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 Ann and Paul O'Shea and Douglas and Jean Karam computer, use Name only the tab key to move 15 and 25 Winter Island Road (respectively) your cursor- Mailing Address do not use the Salem MA 01970 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: Ann and Paul O'Shea and Douglas and Jean Karam Name September 18, 2007 64-463 Dated DEP File Number 3. The project site is located at: 15 and 25 Winter Island Road Salem Street Address Cityrrown Map 44 23 and 25 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Ann and Paul O'Shea and Douglas and Jean Karam Property Owner(if different) Essex 27295-O'Shea and 27253- 26 and 136 County Karam respectively Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 23, 2009 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: wpalorm 9b.Eoc•rev.7/13104 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-463 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 ZFS 7,00 Conservati Commission Dat of Issuance This Certifi to must b signLbyaority of the Conservation Commission and a copy sent to the applicant an p op ate DE Office (See Attachment). Signatures l/ OlA wpaform 8b.doc•rev.7113/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 24 September 2009 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, M. Blier, R. Christie, and C. McCauley, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/rows CAREY Fi.DUOUES MYcawd�fF+� 1.1.E Signature f Notary Public Care . Du ues Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaferm 8b.doc•rev.7113/04 Page 3 of 4 lMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission - Please be advised that the Certificate of Compliance for the project at: 15 and 25 Winter Island Road 64-463 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number T. Signature of Applicant wParorm 80,Occ-rev 7/13104 Page 4 0!4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Han"en Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales 9 Alford Cummngton Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashneld Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Bonifield Flonda Lanesborough North Adam Shueesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whaiely Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston NoMborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bane Fitchburg Leominster Oakham Sterling Westford TOD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway - Phillipston Townsend Boylston Holden Mention - Princeton Tyngsborough Brookfield Hopedale Milford Royalstm Upton DEP Southeast Region Abington Dartmouth Freetown Madapoiseit Provincetown Tsbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Paynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welli l Phone:508-946-2700 Barnstable Easthani Hanover North Atdeborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Notion Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edganown Kngston Oak Bluffs Seekonk Whims, Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Mallon Plainville Stoughton .Chatham Foxborough Marshfield Plymouth Swansea Chllmark Franklin Mashpee Plyrtpton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Watpde Arlington Cohassel Hull Middleton Reacting Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billedce Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlinglon Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reacting Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform9b doc•DEP Addresses•rev.928109 Page 1 of 1 �CONW'P CITY OF SALEM CONSERVATION COMMISSION September 18, 2007 Ann and Paul O'Shea 15 Winter Island Road Salem, MA 01970 Douglas and Jean Karam 25 Winter Island Road Salem, MA 01970 Re: Order of Conditions—DEP#64463 Repairs to existing Rip Rap Wall,15 and 25 Winter Island Road Salem,Massachusetts Dear Mr. and Mrs. O'Shea and Mr. and Mrs. Karam: Enclosed, please find the Order of Conditions for the above referenced project. Because there are two properties involved I have sent the original to the O'Sheas and a true copy, so attested by the City Clerk, to the Karam's. Following the 10-day appeal period (as of September 28, 2007), the enclosed document and attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order,which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64463 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions,please feel free to contact me 978-619-5685. Since GcP%� Carey Du e1sNf Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 64-463 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 Ann and Paul O'Shea Douglas and Jean use the return a. First Name Karam c.Company key. b.Last Name 15 and 25 Winter Island Road y� d.Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 4. Property Owner (if different from applicant): Ann and Paul O'Shea Douglas and Jean a. First Name Karam c.Company 15 and 25 Winter Island Road d. Mailing Address Salem MA 01970 e.Cityrrown I.State g.Zip Code s. Project Location: 15 and 25 Winter Island Road Salem a.Street Address b.Cityrrown 44 Lots 23 and 25 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 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) (A) 16314 (A) 130 (B) 23597 (B) 239 7. Dates: July 10, 2007 September 13, 2007 September 18, 2007 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany Notice of Intent in Salem, MA a. Plan Title Hyes Engineering Richard Williams b.Prepared By c.Signed and Stamped by July 3, 2007 1"=10' d. Final Revision Date e.Scale I.Additional Plan or Document Title g.Date naform5.doc• rev.3/1/05 Page 1 of 9 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply It. ® 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) s. ❑ 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 a. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. El Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpaforvd.eoc• rev.3/1105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 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 t0 Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet I.square feet Sq ft between 100-200 ft g,square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean 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 b.square feet c.cty nourishmt. d.dy nourishmt 15. ® Coastal Banks 72 72 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 ta. ❑ 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 409 409 Storm Flowage a.square feet b.square feet "aforrr5.dcc• rev.3/1/05 Page 3 of 9 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 64-463 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. B. 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 DER] "File Number 64-463 " wpaform5,dw• rev.31IJ05 Page 4 of 9 7LMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-463 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 document space for additional conditions, select box to attach a text document wpaforr .do - rev.311/05 Page 5 a19 LMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ei WPA Form 5 - Order of Conditions 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions,select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document waform .do - rev.311/05 Page 6 of L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance q This Order is valid for three years, unless otherwise specified as a special I 0 condition pursuant to General Conditions #4, from the date of issuance. 1.D to of ssuance Please indicate the number of members who will sign this form: i" (M 4uy- q This Order must be signed by a majority of the Conservation Commission. 2.Number of signerg The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applican Signatures, , (/ pl(/o az-el'o No ary Acknowledgement Commonwealth of Massachusetts County of Essex On this 13 of September 2007 Day Month Year Before me, the undersigned Notary Public, K. Cornacchio, da{4xfla0, D. Pabich, M. Blier, K. personally appeared Glidden proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/TownConservation Commission aer n Duou raft arson mor Signature of Mary Public Alm Carey R. Duques Printed Name of Notary Public 16 13 Place notary seal and/or any stamp above August My Commisssioonn Expires pires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on [x by certifi d mail, return receipt requested,on gx67T Date Date wpafor 5.doc• rev.3/1/05 Page 7 of LlMassachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.tloc• rev.91/05 Page 8 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 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: 15 and 25 Winter Island Road 64-463 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 wraformSAoc• rev.3/1/05 Page 9 of 9 Attachment to Order of Conditions# 64-463 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-463 15 and 25 Winter Island Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Veinal Pools Map (June 1, 2003) from Natural Heritage & Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any veinal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the rebuilding a an existing rip rap seawall show on the approved plan. The approved improvements include work that will occur within the 100 foot buffer zone, Coastal Bank, and Land Subject to Coastal Storm Flowage. The work to occur on the wall includes repairing sections of the riprap wall within the existing footprint. This coastal bank functions to control storm damage. The riprap stones are to be removed, filer fabric will be placed on the embankment, and rip rap boulders (size: min.1/4 ton) will be replaced on the embankment. The section of existing rip-rap to be repaired/rebuilt are located on 15 and 25 Winter Island Road and is approximately 72 feet in length. A second section of approved work is located on 15 Winter Island Road and abuts the City of Salem right of way. The Conservation Commission approved the installation of a concrete abutment located to the south of an exiting dock. Proposed rip rap located to the west of the existing dock was also approved to control erosion and stabilize the area to the south of the top of the coastal bank. The Conservation Commission did not approve any work on the City of Salem's property under this Order of Conditions. The Commission permitted the proposed work as described above, with additional conditions including that the existing timbers located in the seawall be removed and properly disposed off. The Commission also noted that if the timbers located on the beach become lose they shall be removed and properly disposed of as well. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. 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. Attachment to Order of Conditions#64-463 Page 2of 5 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-463, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant' as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Hoodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Plan to Accompany Notice of Intent in Salem, MA (Title) Attachment to Order of Conditions # 64-463 Page 3of 5 July 3, 2007 (Dated) Richard L. Williams (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor, the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary, during the pre-construction meeting. Please contact the Conservation Commission Agent at(978) 745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. EROSION CONTROL 20. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 21. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. Attachment to Order of Conditions #64-463 Page 4of 5 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 25. Within thirty(30) days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 26. If soils are to be disturbed for longer that two(2) months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. All waste products,grubbed stumps, slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 30. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 31. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 32. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 37. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). Attachment to Order of Conditions #64-463 Page 5of 5 (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances, structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 38. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 39. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 40. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 41. Applicant shall remove existing timbers located in the seawall and properly disposed of off site. 42. Applicant shall remove and properly dispose of existing timbers located on the beach if they become lose. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information 111IIIII IIIII I IIIIIIIIIIIII) Important: Salem 2007110100215 Bk;27295 Pg;26 When filling 1.Conservation Commission From:, 11/01/2007 12:01:00 OTHER Ps 1/12 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 Ann and Paul O'Shea Douglas and Jean use the return a. First Name Karam key. b.Last Name c.Company 15 and 25 Winter Island Road d. Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code 4. Property Owner(if different from applicant): Ann and Paul O'Shea Douglas and Jean a. First Name Karam c.Company 15 and 25 Winter Island Road d. Mailing Address Salem MA 01970 e.City/Town I.State - g.Zip Code e. Project Location: 15 and 25 Winter Island Road Salem a.Street Address b.Citylrown 44 - Lots 23 and 25 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known (note: 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) (A) 16314 (A) 130 (B) 23597 (B) 239 7. Dates: July 10, 2007 September 13 2007 September 18, 2007 a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan to Accompany Notice of Intent in Salem MA a. Plan Title Hyes Engineering Richard Williams b. Prepared By c.Signed and Stamped by July 3, 2007 1"=10' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date wraform5.d=- rev.3/1/05 Page 1 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-463 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: 15 and 25 Winter Island Road 64-463 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.do • rev.3/1/05 Page 9 of 9 1 1 Project File: SAL-0064 Ann & Paul O'Shea 1 #15 Winter Island Road Salem, MA 01970 1 RECEIVED 1 JUL 1 0 Z007 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT 1 Notice of Intent 1 Application 1 1 Proposed Riprap Wall Repair #15 and #25 Winter Island Road 1 Salem, MA 1 July 2007 1 1 1 603 Salem Street Wakefield, MA 01880 Tel: (781) 246-2800 Nantucket, MA0#2554 Fax: (781) 246-7596 Tel: (508) 228-7909 1 Hayes Engineering, Inc. ' • e Massachusetts Department of Environmental Protection ProYidedti o thln ,M".WIr pi Bureau of Resource Protection - Wetlands r WPA Form 3 - Notice of Intent CEP File Number� ; -��a +iR .,``.'Document Teansactlon Numbed Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Pi`�� SRlaw� We—�'.�.d. s � Yo�er�-��c„ �`�cl�.v�s...s.2- City/Town Important:When filling out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your 15&25 Winter Island Road Salem cursor-do not a.Street Address b.City/Town/Town c.Zip Code use the return y P key. Latitude and Longitude: d. Latitude e. Longitude °6 44 23 &25 f.Assessors Map/Plat Number g.Parcel/Lot Number M 2. Applicant: ' Ann & Paul O'Shea a.First Name b. Last Name c.Company Note: 15 Winter Island Road Before d.Mailing Address completing this Salem MA 01970-5766 form consult your local e.City/Town f.State g.Zip Code Conservation (978) 745-0250 ' Commission h. Phone Number i. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ® Check if more than one owner or ordinance. (A)Ann & Paul (B) Douglas &Jean Karam O'Shea b. Last Name c.Company 15 Winter Island Road 25 Winter Island Road ' d.Mailing Address Salem MA 01970-5766 e.City/Town f.State g.Zip Code 1 h. Phone Number i. Fax Number j.Email address 4. Representative (if any): ' Hayes Engineering, Inc. a.Firm Elizabeth Wallis/ Rich Williams ' b.Contact Person First Name c.Contact Person Last Name 603 Salem Street d.Mailing Address Wakefield MA 01880 e.City/Town f.State g.Zip Code (781)246-2800 (781)246-7596 Iwallis@hayeseng.com h. Phone Number I.Fax Number j.Email address ' 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $288.00 $131.50 $156.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid ' 6. General Project Description: The applicant proposes to rebuild the riprap seawall as shown on the accompanying plan and as ' described in the attached "Project Narrative". -� wpaform3.doc•rev.4112/06 Page 1 of 7 ' Massachusetts Department of Environmental Protection ro Bureau "deabynEe: i s of Resource Protection -Wetlands WPA Form 3 - Notice of Intent 'lu �:5,` r Document Transaction Numbei Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem "96 ' City/Town A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision ' c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ® Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: ' Essex south (A)130 a.County (B)239 (A) 16314 (B) 23597 d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 1 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. 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: N.A. d.linear feet ' wpaform3.doc•rev.4/12/06 Page 2 of 7 ' Massachusetts Department of Environmental Protection ProgidedbyUE—P Bureau of Resource Protection - Wetlands H DEP F61e Number Ring,�. - � iE�•- WPA Form 3 - Notice of Intent Dowment Transaction NNumbe Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ' 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 Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1.linear feet 2.linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. El Bordering Land 1 Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced ❑ For f. ❑ Riverfront area 1. Name of Waterway(if available) projects impacted by 1.Width of Riverfront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. - New agricultural projects only resource area, add ❑ 200 ft. -All other projects 1 50%to the total fee. 2.Total area of Riverfront Area on the site of the proposed project: Square Feet ' 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. ' 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No ' wpaform3.doc rev.4112/06 Page 3 of 7 ' Massachusetts Department of Environmental Protection Pravded byaeP *ire ipi Bureau of Resource Protection -Wetlands = `' 'E t ' µr`, DEP Ftie Num er WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - °Salemnt7ran6actioo mbeGi Salem ' City/Town B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the ' project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. ' Online Users:Include your Resource Area Size of Proposed Alteration Proposed Reolacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the 1 Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ® Coastal Banks 1.Linear near 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 409 +/- Storm Flowage 1.Square feet 3. Limited Project: ' Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ' a. ❑ Yes ® No If yes, describe which limited project applies to this project: b. Limited Project ' wpaform3.doc•rev.4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection flrovldedbyDEPt� r, Bureau of Resource Protection - Wetlands ,ij DEPFileNumber�, ��F� WPA Form 3 - Notice of Intent �i`�,M Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F DocumentTransacbonNomber, 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. ElDEP 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 1 d. [IDirect observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a Coastal Bank, Land Subject to Coastal Storm Flowage narrative 5. Other resource areas delineated: the explaining ini s resource 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 2006 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 1 line or in a fish run? a.El Yes sh No If yes, include proof of mailing or hand delivery of NOI to: Division of Marine Fisheries- Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ❑ Not applicable—project is in inland resource area only r3. 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.4/12/06 Page 5 of 7 ' Massachusetts Department of Environmental Protection froVideabyDEl' « a Bureau of Resource Protection - Wetlands ter? ` -DEP File Number,�E,� �3 WPA Form 3 - Notice of Intent Documen[Tra sactlonNumder Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 `u:4 N ' Salem City(rown 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. ❑ Yes ® No ' number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: ' submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No 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: Project is repair of seawall accessory to two single family houses. E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary)containing ' sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. 23 Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure)relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries ' shown on plans (e.g., a DEP BVW Field Data Form). 4. ® List the titles and dates for all plans and other materials submitted with this NOI. 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 g. ❑ Attach Stormwater Management Form, if needed. ' wpaform3.doc•rev.4112106 Page 6 of 7 Uzi 10/U'/ Ue:U4 C9.1 rCAL401 ba0 _ e+xno nakaurnnnt��'u ' Massachusetts Department of Environmental Protection Provided by DER: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of intent ' Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 Document Transaction Number Ciry/Town ' 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 1Netland Fee Transmittal Form). No fling 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 Say Transportation Authority. Applicants must submit the following information(in addition to pages 'I and 2 of the NO]Wetland ' Fee Transmittal Form)to confine fee payment: 1.Munldpal Ceck N humber 2,pheok date ' X SLS 1 e e 3.State Check Number a.Check date 5.Payor name on check:First Name 6, Payor name on check:Last Name _— ' G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents,and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 Cl 10.05(5)(a), ' I further certify under penalties of perjury that all abutters were notified of this oppiication, pursuant to the requireme L.c. 131, §40.Notice must be made in writing by hand delivery or certified mail (r ur oeipt e- est o but in 100 feet of the property line of the arci.e9t to Lion. r1cor r Of different bate ' Signature of Representative(if any) bate For Conservation Commission: ' Two copies of the completed Notice of Intent(Form 3). including supporting plans and documents:two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. ' For DEP: One copy of the completed Notice of Intent(Form 3),including supporting plans and documents;one copy of pages 1 and 2 of the NO!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. vryaiwrn1doc•rev.4112f06 Rage 7 of 7 Z0rZe 39t1d 30I330 D3X3 S31-1 tGZSLZ88L8 ZV :80 L00Z/0t/L0 To: Rich Williams ' Hayes Engineering, Inc. From: Douglas and Jean Karam ' Date:July 4, 2007 ' Re: 25 Winter Island Rd, Salem Massachusetts We give you and Hayes Engineering, Inc. permission to represent ' us in the filing of the notice of intent for construction of a sea wall at 25 Winter Island Road, Salem Massachusetts. ee/ee 3Jtid 30Idd0 03X3 S3H VGZTTZ6846 Z7 :80 L00Z/0I/[0 r s /p Y NN INoil AMPA �y� •�..,.��l� f , �a `"' J d is Vag R• :• ° 'NIA WAIN On IN Ko � : j@�y�� •`,`.� \* � ',� �� \ / � / ,� .e'. • .ram" � ••+,.. \�^�J � �� Id�� 'gip C�® t "• U e cc ✓ i Uzi , Ma 91 Elm .fi ky$",Yn 'y' m'si'a� �� 1=. �S' �,��, tou i i M `4� -� �--s"•'"- �'�. � ,�' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out ' forms on the 1. Applicant: computer, use only the tab Ann & Paul O'Shea key to move a.First Name b. Last Name c.Company your cursor- 15 Winter Island Road do not use the d.Mailing Address return key. Salem MA 01970-5766 ' e.City/Town f.State g.Zip Code h.Phone Number 2. Property Owner(if different): Same as applicant and Douglas &Jean Karam a.First Name b.Last Name c.Company 25 Winter Island Road d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code h.Phone Number 3. Project Location: 15 &25 Winter Island Road Salem a.Street Address b.City/Town ' To calculate B. Fees filing fees, refer ' to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step instructions for 9 9 p process and worksheet. Please see ' filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. ' Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. ' Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract ' $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpaform3.doc•1,101 Weiland Fee Transmittal Farm•rev.3/1/05 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' B. Fees (continued) Step 1/Type of Activity step 2/Number Step step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee ' Seawall Repair(Category 5 ) 1 $4 x 72 I.f.= $288.00 Step 5/Total Project Fee: $288.00 Step 6/Fee Payments: Total Project Fee: 288.00 a.Total fee from Step 5 State share of filing fee: $131.50 b. 1/2 total fee less$12.50 City/Town share of filling fee: $156.50 c. 112 total fee plus$12.50 C. Submittal Requirements ' a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. ' Department of Environmental Protection Box 4062 Boston, MA 02211 ' b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of 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.) Wpaform3.doc•N01 Wetland Fee Transmittal Farm-rev.311105 Page 2 of 2 1 S „° 5498 PAUL C. OSHEA 71000011o0o01az00 15 WINTER ISLAND RD. ' SALEM, MA 01970 DATE W PAY 9'O'1'HE ` ORDEROF DOLLARS �,na.m LJ Sovereign Bank ' soverelgnbarvle com I L a MEMO ' I:Oii075i50l: 7L000Oi420011' 5498 5-7515/110 ' PAUL C. OSHEA 71000014200 5499 15 WINTER ISLAND RD. SALEM, MA 01970 � DATE. ' S PAYTOTHE ORDER OF I $ M f0 � DOLLARS ' Sovereign Bank o soverelgnbank.com ' MEMO _ Np -1:01 i075150I: 7 i0000 i4 20011' S499 I 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) 1, R!< , hereby certify under the pains ' and penalties of perjury that on 1.�`O� 01 1 gave notification to ' abutters in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, ' 1994, in connection with the following matter: Riprap wall repair and concrete abutment ' installation. ' A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Ann & Paul O'Shea with the Salem Conservation Commission on -L( It l off_ for property located at #15 and #25 Winter Island Road ' 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. to Name Date 1 1 Notification to Abutters and City Agencies Under the Massachusetts Wetlands Protection Act And City of Salem Wetlands Protection Ordinance ' In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following. ' A. A Notice of Intent application has been filed with the Salem Conservation Commission ' seeking permission to work within an Area Subject to Protection Under the Wetlands Protection Act (General Laws Chapter 131, Section 40) and Salem Wetlands protection Ordinance. ' B. The name of the applicant is: Ann & Paul O'Shea. C. The address of the lot where the activity is proposed: #15 and #25 Winter Island Road (Map 44, Lot 23, #25)_ ' D. The activity proposed on the site: Riprap wall repair and concrete abutment installation E. Copies of the Notice of Intent may be examined/obtained at: ' Haves Engineering Inc 603 Salem Street Wakefield MA 01880 between the hours of_8 a.m.and 4:30 p.m. on the following days of the week: Monday through Thursday by appointment only. For more information, call: (781) 246 — 2800 Check one: This is the _ applicant, X representative, or _ other (please specify). *F. Information regarding the data, time and place of the public hearing may be obtained from: The Salem Conservation Commission (office hours vary) Check one: This is the _ applicant, _ representative, or _ other (please specify). *NOTE: Notice of the public hearing, including its date, time and place, will be published ' at least five (5) days in advance in a newspaper with general circulation in Salem. *NOTE: Notice of the public hearing, including its date, time and place, will be posted in tthe City or Town Hall not less than forty-eight (48) hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest ' Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact the DEP, call: ' *Northeast Region- Wilmington: 978-694-3200 1 'Sale1 - Pagel of 1 w reIID Location Owner Co-Owner Mailing Address JUNit1I 4 2007state zip 020-0 9 WINTER ISLAND ROAD 1, PECEVICH ANN 9 WINTER ISLAND ROAD SALEM MA 01970 022-0 11 REAR WINTER ISLAND ROAD 2, KOZLOWSKI FRED T 11 WINTER ISLAND RD SALEM MA 01970 ,023-0 15 WINTER ISLAND ROAD OSHEA PAUL C OSHEA ANNE L 15 WINTER ISLAND RD SALEM MA 01970 1024.0 19 WINTER ISLAND ROAD 3. KALGREN TERI 19 WINTER ISLAND RD SALEM MA 01970 1025.0 25 WINTER ISLAND ROAD `{: KARAM DOUGLAS J KARAM JEAN OLSSON 25 WINTER ISLAND ROAD SALEM MA 01970 1026.0 27 WINTER ISLAND ROAD LKARAM DOUGLAS J KARAM JEAN OLSSON 25 WINTERISLAND ROAD SALEM MA 01970 )027-0 29 WINTER ISLAND ROAD 5. MORIARTY EDWARD M SCOTT JOANNE 29 WINTER ISLAND RD SALEM MA 01970 )031-0 31 WINTER ISLAND ROAD MORIARTY EDWARD M SCOTT JOANNE 29 WINTER ISALND RD SALEM MA 01970 )033-0 20 WINTER ISLAND ROAD lo, PAGE MARY F 20 WINTER ISLAND RD SALEM MA 01970 )034-0 12 WINTER ISLAND ROAD JOHNSTON SCOTT R JOHNSTON TAMMY 1 12 WINTER ISLAND RD SALEM MA 01970 )035-0 4. WINTER ISLAND ROAD HARVEY KEVIN R HARVEY ROBIN A 4 WINTER ISLAND ROAD SALEM MA 01970 )036-0 37 WINTER ISLAND ROAD R TRS OF PLUMMER FARM SCHOOL 37 WINTER ISLAND ROAD SALEM MA 01970 End of Report NOTICE OF INTENT PROJECT DESCRIPTION #15 AND#25 WINTER ISLAND ROAD SALEM, MASSACHUSETTS ' July 3, 2007 ' LIST OF PLANS AND DOCUMENTS ' Identifying Number/ Letter Title / Date PLAN Plan to Accompany Notice of Intent in Salem, Mass., Hayes Engineering, Inc.; July 3, 2007 (1 sheet). A Project Narrative, #15 and #25 Winter Island Road, Salem, MA; July 3, 2007 1 ' PROJECT NARRATIVE #15 AND #25 WINTER ISLAND ROAD ' SALEM, MASSACHUSETTS July 3, 2007 Existing Conditions ' The subject locus is comprised of two residential properties situated off of Winter Island Road, at the coastline of Juniper Cove. These properties contain single family houses with associated ' driveways, and other accessory structures and surrounding lawn. A riprap wall runs along the coastline at the northerly portion of the property. Resource areas on both properties consist of Coastal Bank (defined by topography and wall face, approximately at elevation 10', per DEP Coastal Bank Policy), Land Subject to Coastal Storm Flowage (FEMA elevation 10.0), Rocky Intertidal Shore (natural rock area between mean high water and mean low water), and Salt Marsh. Proposed Conditions ' Work will occur within the100-foot buffer zone as well as Coastal Bank and Land Subject to Coastal Storm Flowage (L.S.C.S.F). resource areas. ' Portions of the riprap wall have become dislodged or otherwise damaged and need to be rebuilt to ensure that the riprap wall performs its continuing role as a storm water buffer protecting the properties well into the future. Additionally, storms have caused eroded conditions at the ' entrance to the existing dock. This eroded area, a potential safety hazard for dock users, will be stabilized as part of the project through installment of a concrete abutment and riprap to preserve the dock structure entrance. Since most work will occur within the footprint of existing structures or within existing areas of disturbance, the project should have an insignificant impact upon the resource areas and buffer zone. Existing and proposed site features, resource areas and buffer zone boundaries are shown on the attached Hayes Engineering, Inc. plan titled," Plan to Accompany Notice of Intent in Salem, Mass." and dated July 3, 2007. ' These activities are subject to performance standards contained in the Massachusetts Wetlands Protection Act Regulations. These standards and how the project will meet them are outlined below. Regulations Wetlands Protection Act f310 CMR 10.00 et all ' Buffer Zone Portions of the 100' Buffer Zone will be temporarily disturbed due to the need for an equipment and material staging area and for personnel access to the work area. There may be a small ' 1 Project Narrative, #15 and #25 Winter Island Road, Salem, MA July 3, 2007 ' amount of landscaping performed in order to re-establish lawn grass or other vegetation along the rebuilt riprap and new abutment structures. t Coastal Bank—310 CMR10.30 ' The extent of the coastal bank resource area is represented by the top of the riprap wall, and generally by the elevation 10' contour. This riprap wall functions only to control storm damage ' prevention to the properties as a vertical buffer to storm waters and does not contribute sediment through erosion. Proposed repair work within the Coastal Bank will entail two general activities: reconstructing or repairing portions of the riprap wall within the same existing footprint such that it will blend into existing walls on adjacent properties and stabilizing the existing dock entrance by installing a concrete abutment and riprap as shown on the accompanying plan. Backhoe and other necessary equipment will be positioned landside of the wall during ' construction activities, thereby minimizing disturbance to the adjacent beach. Impact to this resource area from the proposed activities will be insignificant since repair work will take place within the same footing as the existing portion of wall. A review of the Natural Heritage & Endangered Species Program Atlas (2006 edition) revealed that the project is not within any estimated habitat of rare or endangered species or priority habitat, and thus will not have any adverse effect on such species. Best practical measures have been used in the design of the structure to ensure the coastal bank's storm damage prevention role will be preserved. Refer to ' the attached plan for repair details. ' Land Subject to Coastal Storm Flowage (L S C S F ) There will be the same disturbances to the LSCSF as described above for the buffer zone and ' described for Coastal Bank. There are no Performance Standards specified for Land Subject to Coastal Storm Flowage. , 1 1 1 1 1 1 ' 2