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64-185 - 41 Memorial Drive - CONSERVATION COMMISSION Sur m� No. 153L i NABTINGB, MN LOS ANGELEB-CHICAGO-LOGAN.ON MCGREGOR,TX-LOCUST GROVE.GA U.S.A. 310 CMR 10.99 Form B DEP File No. 64-185 . (To oe provioeo py DEPI .; ----- Commonwealth City Town Salem of Massachusetts ADDi,cam Collins Cove— Salem Condominium Trust Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To Collins Cove Salem Condominium 37 Settlers Way, Salem, MA (Name) Trust (Address) Date of Issuance 5/23/1991 This Certificate is issued for work regulated by an Order of Conditions issued to Collins Cove Salem Condominium Trust dated 2/12/90 and issued by the Commission 1 . 2 It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. 2. _ It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project. specify what portions are included.) 3. _ It is hereby certified that the work regulated by the above-referenced Order of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation unoer the Act may be commenced without filing a new Notice of Intent and receivinc a new Order of Conditions. ....................................................................................................................................................................................... (Leave Soace Blank) 6-1 Effective 11/10/89 a }L This certificate shall be recorded in the Registry of Deeds or the land Court for the district In which the land is located.The Order was originally recorded on (date) at the Registry of Deeds, Essex County . Book 9961 Page 166 5. X= The following conditions of the Order shall continue: (Setforth any conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period.) 1. Maintenance schedule has been approved, and maintenance shall continue. (,) 2. Discharge of sanitary or chemical waste from boats using facility shall be prohibited.(' 3. Fueling or re-fueling of watercraft shall be prohibited. (?) 4. A self-locking gate has been installed and shall be maintained. (13) 5. Installation of electrical service is prohibited.CI�� , Issued by The Salem Conservation Commission Signaturefs) G ✓, L(� UA i When issued by the Conservation Commislon this Certificate must be signed by a majority of is members. On this �'/ f N day of i'%'� �- 19 / before me personally appeared _t i f{-G_-:e /-P J-�lh <.�( , to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed the same as his/her free act and deed. ` A I4otary Public My commission expires Detach on dotted line and submit to the _ .................................................................................................................................................................................................................. To Issuing Audtonty Please oe advised that the Certificate of Comotlance for me protect at: File Numoer mas been recorded at the Registry of and has oeen notes m the cram of title of:tie aflevec orocerty on e feccrcee lanc. re ins:rumeni rumoe•wmc❑:cenvnes:ms uansacilon is !!remsteree land.!ne occurrent number wmen identities this transac:ion:s Sgnature ADDiICant S-2 CERTIFICATION OF CONSTRUCTION I PROJECT TITLE: ca i/%ems Co �e PROJECT LOCATION: j A61 f N CERTIFICATION DISCIPLINE: CP� / E 1�neer La- d S IN ACCORDANCE WITH SECTION 127.0 OF THE MASSACHUSETTS STATE BUILDING CODE, I. Frank D. DeFalco, Registration No. 20189. BEING A REGISTERED fPROFESSIONAL ENGINEER HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, Ln.,.d di+�✓ayar THE ABOVE NAMED PROJECT WAS CONSTRUCTED AS PER THE APPLICABLE PROVISIONS 3 OF THE MASSACHUSETTS .STATE BUILDING CODEc, � d i Lo^f-...-.��e M.rf� �-4c P/w„3 G»d D✓2r.c�.q,f wf..'cG+ T � S%y< ed' a ,.d Sfar ,ol and cvr�h re� � �rle"e. fps aIc i Fran6 D. DeFalco FRAM* A a DEFALCO Na2otaq y f T U Y b.6OALEd _ e Date z r r . 310 CMR 10.99 Form 5 DEP Rb No. � 64-185 I Jo wa mOEM c,tv,Town Salem Commonwealth of Massachusetts AoaticantC011ins Cove Salem Condominium Trust Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Salem Conservation Commission To Collins Cove Salem Condominium Trust setifte (Name of Applicant) (Name of property owner) Address 37 Settlers Way, Salem, MA Address Same This Order is Issued and delivered as follows: my hand delivery to applicant or representative on (date) - dv certified mail. return receipt requested on March 1 1990 _ (cote) 34 This project is located at 4 1 Mamnr i a 1 Dr i UP SA 1 am M A - The oroperty is recorded at the Registry of Deeds—Essex County Book 9961 Page 166 Cenificate tit redistered) Not apolicabl - The Notice of Intent for this project was filed on 11/28/89 (date) The ouollc hearing was closed an 2/22/90 (date) ' Findings The Salem Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has neic a puollc hearing On me project. Based on the InTormatlon availaole to the Commission at this time.the Commission _has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions Of Significance set tolh in me regulations for each Area Subject to Prctectlon Under the Act tcheCK as appropriate): E Pubiic water supply ❑ Flood control El Land containing shellfish Private water supply ❑ Storm damage prevention ❑ Fisheries ❑ Ground water supply I Prevention of pollution ❑ Protection of wildlife habitat Total Fling Fee Submitted s2nn nn State Share 587 . 50 CitylTown Share g l 1 S n ('A fee in excess of S25) Trial Refund Due S CityfTown Portion S State Portion S (1/2 total) (1/2 total) Effective 11/10/89 5 1 i Therefore. the Conservation Commission hereby finds that the following conaitions are necessary, in accordance with the Performance Standards Set forth in the regulations. t0 protect those inter- ests checked above. The Commission orders that all work shall be oertormed in accordance with said conditions ano with the Notice of Intent referenced above. To the extent that the lot- lowing conditions modifv or differ from the plans, specs icanons or other oreposais submitted with the Notice of Intent. the conditions shall control. General Conditions 1 Failure to comply with all conditions stated herein. and with all related statutes and other regulatory meas- ures,shall be deemed cause to revoke or modify this Order. 2. This 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. oralnances, by-laws or regulations. 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 vears,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of uo to three years each Upon aophcation to the issuing authority at least 30 days prior t0 the expiration date Of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse. rubbish or de- bris. includine but not limited to jumper, bricks, plaster,wire.lath.paper, cardboard, pipe, tires, ashes. refrigerators. motor vehicles or parts of any of the foregoing. 7 No work snail be undertaken until all administrative appeal oenods from this Order have elapsed or. if such an aooeal has been filed, until all proceedings before the Department nave been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or he Land Court for the district in which the land is located,within the chain of title of the affected property. In 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 registered land.the Final Order snail also be noted an the land Court Certificate of Title of the owner of the land upon which the oropesed work is to be done.The recording information shall be submitted to the on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words.'Massachusetts Department of Environmental Protection, File Number 64-185 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Suoersedtng Order. the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Ucon completion of the work described herein, the apoficant shall forthwith request in writing that a Certificate of Cometiance be issued stating that the work has been satisfactorily completed. 12.The work snail conform to the following plans and soeciaf conditions: 5-2 J' Plans: Title Dated Sipnec and Stamoed oy: On File wan Collins Cove Condominium 2/7/90 Frank D . Defalco Sal Am C`QNGQi17aj;j n Commission Trust-Propose Pier & F oat Special Conditions (Use additional paper if necessary) See Attached Conditions ........................................ .. . ....._ __ (Leave Space Bunk) 5-3A Plans: Title Dated Signed and Stamped by: On File with Special Conditions(use additional paper if necessary) ..................................................................................................................................................... ..... ........................... (Leave Soace Biank) 5.3B Issued By Sa L4n 51 Conservation Commission Signaturels This Order must be signed by a majority of the Conservation Commission. On this day of ) 19 `�C) before me personally appeared ��P . &ITZAC, . to me known to be the person described in and who executed the foregoing instrument and acknowledged that he.•she executed the same as his/her free act and deed. of ry ubli My Com fission expires The applicant.the owner.any person aggrieved by this Order.any owner of land abunmg the two upon which the propossd work is to be pone.or any ten residents of the city or town in which such land is located.are nereby notified of their night to reduest me Department of Environmental Protection to issue a Superseding Order. providing the reduest is made by certdted mail or nand delivery to the Department. wnn the appropriate filing fee and Fee Transmittal Fomt as crowded in 310 CMR 10.03(7).within ten days from the date of issuance of this Defertnination.A copy of me reduest snail at me same time oe sent by certified mail or hand celivery to the Conservation COmmlSsion and the applicant. Detacn on dotted line and submit to the prior to commencement of work. .................................................................................:................................................................................................................................ -d :ssu:no Aumorny Please be advised trial the Order or Conditions for me project at <'e YUmpe• nas been retarded at the Registry of ano nas been noted in me cram of tide or the affected orooerty in accordance with General Condition 8 on . 19_ II retorted taro. ins iminument number which identities this transaction O II registered land.the document number which identifies this transaction is .,.c^.a:ur= .Applicant 5.4A Issued by the Department of Environmental Protection Signature Cn this day of 19 . before me oersonally appeared to me known to be the person described in and who executed the foreaomg Instrument and acknowledged that heishe executed the same as nls,ner free act and deed. Notary Public My commission expires no applicant.the owner.any person aggrieved by the superseding Order,any owlMr of land abumng me land upon winch the proposed ork is to be done.or any ten persons pursuant to G.L c.30A 00A,are hereby notified of their right to reduest an admdlr2rory hearing ursuam to G.L.c.30A. it10.providing fine request is made by cemfiso mail or hand delivery to the Depannient.wen me appropriate tiling fee na Fee Transmmal Form as provided in 310 CMR 10.030,within ten days from me date of issuance of this Superseomd Order.and is 3dressea to:Docket Clerk.Office or Genera;Counsel.Department of Environmental Protection.One Winter Street,Boston.MA 02108. copy 0t me re0ussl snail at the same time be sent by cenmed mae or hand ciewery to me conservation commision,ine applicant.and any .net oany. A Notice at Claim for an Adluoicatory Heanno snail comow won the Department s Ruies for AamaicatoN Proceeands. 310 CMR 1 O ti61.and snail contaln,ine followew information la) the DEP wetlanas File Number.name of the applicant and address of the protect. (of the complete name,address and telephone numoer of the party tiling the reduest.and.it represented by counsel. the name and address of the attorney: Icl the names and addresses of all otner parties,if known: lot a clear and concise statement of(1)the facts wmcn are grounds for the proceeding.(2)the oolections to fnis Superseding Order. inclu0lna specifically the manner In which it is alleged to be inconsistent with me Department s wetlands Regulations 1310 CMR 10.001 and does not contnoute to the protection of the interests identified in the Act.and(3)the ration sought through the aolu. oicatOry nearing,inctuaind specifically the chances desired in ine superseding Order: I el a statement that a copy at the reduest has been sent to the applicant.the conservation commission and each other parry or reo- resentative of such party.It known. Failure to suomn all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adiuelcatory Hearing. Detach on dotted line and submit to the prior to commeneemera of work. .................................................................................................................................................................................................................. ssumq Authority Please be advised that the Order at Conditions for the project aC Pile Number has dean recorded at tine Registry of and -as teen noted m me chain of title at Ire aneciea orccerty,in accordance min General Cdndrion b on . 19_ ;1 recdroea Ionic. ire instrument numoer which identities this transaction is 11 registered land. ;he document numoer which identities this transaction is S,onaiure Acblicant 5.48 Collins Cove Pier - Conditions 1 . All work shall conform to the above-referenced plans . Any change made or intended to be made in the approved plans shall require the applicant to file a new Notice of Intent or to inquire of the Conservation Commission in writing whether the change is substantial enough to require a new filing. 2 . A Plan for repair or maintenance of the pier shall be submitted to the Commission for review and approval . 3 . All lumber used in construction of the pier and float shall be Chromium Copper Arsenate (CCA) pressure treated Southern Pine as described in North Shore Marine ' s letter of February 12, 1990 . 4 . Discharge of sanitary or chemical waste from boats using facility shall be prohibited as specified in February 12, 1990 submission . 5 . Styrofoam flotation device must be encased in polyethylene and secured to main body of float . 6 . Pier facility shall be for embarkation and disembarkation of pleasure watercraft only . 7 . Fueling or re-fueling of watercraft shall be prohibited. 8 . Pile-driving shall occur Monday through Friday between the hours of 8 : 00 a.m. and 5 : 00 p .m. 9 . Members and agents of the Salem Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with conditions stated in this order, and may require the submittal of any data deemed necessary by the Commission for that evaluation. 10 . Upon completion of the project, the applicant shall submit with their request for a Certification of Compliance, an affidavit prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts , stating that the site has been developed in accordance with the requirements of this Order of Conditions and the referenced site plan . 11 . 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 . 12 . All work shall be in compliance with Salem Planning Board and Salem Health Department regulations . 13 . A self-locking gate shall be installed as per plan. 14 . Installation of electrical service is prohibited. r906 DeFalco Engineering, Incorporated 34 Chamberlain Parkway 35 Pine Hill Road Worcester, MA 01602 Lancaster , MA 01523 (508) 798-3466 (508 ) 365-5577 16 May 1991 Certification of Construction Protect Title: Collins Cove Pier and Float ro ' ct Location: Salem , MA Certification Discipline: Civil Engineer , Structural Engineer , and Land Surveyor In accordance with Section 127.0 of the Massachusetts State Building Code , I , Frank D. DeFalco, being a Registered Professional Engineer and Professional Land Surveyor , certify that I have supervised or reviewed the preparation of all computations , specifications and plans that bear my seal and signature for the 'Collins Cove Pier and Float ' project . And further , after completion of construction and inspection by qualified DeFalco Engineering, Incorporated personnel , to the best of my knowledge , the construction conforms to the provisions of said Massachusetts State Building Code , the Salem Conservation Commission Order of Conditions , DEP File No. 64-165, is in substantial accord with originally submitted DeFalco Engineering , Incorporated plans , specifications and applicable engineering practices. u .v{OF t4 ANK D. Gm � rank D. DeFalco, Phd N0.20i8 y 0, Mass P.E. No. 20189 �onn�e� a Subscribed and suornLto before me this 15 day of May , 1,991 John A. Farnsworth Notary Public My Commission expires 4 Jan 1996 DeFalco Engineering, Incorporated 34 Chamberlain Parkway 3S Pine Hill Road Worcester, MA 01602 Lancaster, MA 01523 (508) 798-3466 (508) 36S-SS77 15 May 1991 Tangusso & Tangusso Suite 730 15 Court Square Boston , MA 02108 Re: Collins Cove Pier and Float Project , Collins Cove , Salem, MA Attn: John Tangusso • Dear John, The Construction Certificate , dated 10 August 1990 , supplied you by our offices is routinely accepted by the Salem Building Department and is typical of that used state wide. It is our opinion that it is both correct and appropriate. At our expense and as a courtesy to you , we have reworked the document for resubmission to the Salem Conservation Commission. We have reviewed the forwarded 'model ' and it is our opinion that a 'Client memo' type of narrative is not appropriate. We take the liberty of enclosing a portion of the Mass State Building Code and a portion of the Wetlands Protection Act regarding completed construction and Certificates of Compliance for your review. We are Fax-ing this information to you this day with originals forwarded to your attention through the mail. We hope all is well at Collins Cove and a Certificate forth comming from the Commission. Cordially; Sohn A. Farnsworth Coffins Cove Condominium Trust 37 SeWerS Way Salem nass. 01970 August 15, 1990 Maintenance Plan Collins Cove Condominium Trust Structure: Pier DEP File No. 64-185 The Trustees of Collins Cove, in concert with North Shore Marine of Salem, Massachusetts, shall inspect all components of the above structure twice a year ( spring and fall ) for repair and maintenance. All repairs and maintenance will be performed by North Shore Marine in accordance with all laws of the Commonwealth. Respe VSTangus2Tr�tee ly submitted, S" � John o Coffin Cove Condominium Trust 37 Setders Way Salem nass. 01970 August 15, 1990 g V Ms . Kathy Winn Salem Conservation Commission 1 Salem Green Salem, MA 01970 Re: Collins Cove Salem Condominium Trust Dear Kathy: Pursuant to paragraph 10 of the addendum to the Order of Conditions, enclosed please find an affidavit prepared by Frank DeFalco, a registered engineer in the Commonwealth of Massachusetts, indicating that the project was completed in compliance with the plans and drawings originally submitted and with the Order of Conditions DEP File No. 64-185 issued by the Salem Con- servation Commission on March 1 , 1990 . If there is a need for myself to appear before the Commission in order for the Certificate of Compliance to issue, please advise. I have also attached a plan for maintenance of the pier as requested in paragraph 2 of the addendum to the Order of Conditions . Very tr I ly yours, t John Tangusso,Trstee ( 617 ) 523-3622 JST:mj Fncl.o.sures o r� EXHIBIT A r Since 1951 ® CARR-DEE CORP. Complete Soil Investigation Service 37 Linden Street•P.O. Box 67• Medford, MA 02155-0001 •Telephone (617)391-4500• Fax(617) 395-3231 July 27, 1989 L.Pw w o1€P DePalco Engineering, Inc. 197 Portland Street Boston, HA 02114 Attn: Hr. William Hobbs Attached herewith are the results of subsurface investigation (one copy) , made as directed at site of collins Cove, Salem, HA. We shall this date ship via United Parcel Service, all soil samples to your offices. At your convenience, please furnish this office with a plan or sketch showing boring locations, so that we may complete our file. In making inquiries, please refer to our Job No. 89255 Very truly yours, CARR-DEB CORP. ';2dZ41 zee�1Z L041— Henry J. DeSimone Principal HJD/mh I ,7 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 telephone(617)391-4500' fo DEFALCO ENGINEERING, INC. , BOSTON, MA Date Jul. 26, 1989Job No. 89255 Job Site COLLINS AVENUE, SALEM, MA Scale 1" = 3 ft. BOR=NG 1 Ground Surface SN1, FROM 0'0" TO 2'0" 4 RECOVERED 13" 4 F I L L 4 SAND, ORGANIC SILT, SHELLS, WOOD, GRAVEL 32 S#2, FROM 5'0" TO 7'0" 27 RECOVERED 14" 37 32 HARD YELLOW CLAY, TRACE OF FINE SAND 22 S#3, FROM 10'0" TO 12'0" 26 RECOVERED 12" 41 (USED OPEN-END ROD, 32'0" 54 WITH 140-LB. WGT.) WATER LEVEL 016" (TIDE) DRILLER: R. LONG OR. DATE STARTED & COMPLETED: 7-24-89 DEFALCO ENGINE R1N JUL 3 1 REVIEWED__ KoTED All samples have been visually classified b AJD. Unless otherwise specified, rater levels noted were observed at completion of borings, and do not oecessaril repressor permanent ground water levels. Fi ures in right band column indicate number of blows reyufred to drive two Inch 5plft Sampler 6 inches using 190 It. weight falling l0 inches(+l-). Figures in column 'to left lit noted) indicate number of blows to,drive casing one foot, using 300 It. weight falling 21 inches(+l-).. J / LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (617) 391-4500 o DEFALCO ENGINEERING, INC. , BOSTON, MA Date Jul. 26, 1989Job No. 89255 Job Site COLLINS AVENUE, SALEM, MA Scale 1" = 3 ft. B O R I N G 2 Ground Surface S#11 FROM 0'0" TO 210" F I L L 2 RECOVERED 11" ORGANIC SILT, 4 SHELLS, LITTLE GLASS 4 14 S#2, FROM 2'0" TO 4'0" 18 RECOVERED 12" 44 4'0" 46 31 S#3, FROM 4'0" TO 6'0" VERY DENSE 34 RECOVERED 3" FINE SAND, SOME 44 GRAVEL, TRACE SILT 47 617" 48 S#4, FROM 6'0" TO 6'7" - R E F U S A L - (120 BLOWS, NO PENETRATION, DER, 140-LB. WGT. ) WATER LEVEL 0'6" DRILLER: R. LONG JR. DATE STARTED & COMPLETED: 7-24-89 All sawples have been visually classified by Hill. Unless otherwise specified, water levels noted;were observed at coapletion of borings, and do not oecesaarily rep resent peraanent ground water levels. Figures in right hand coluan indicate number of blows revired to drive iwo-Inch S lit Lap 6 inches using 140 lb. weight falling30 inches(+/-). Figures in coluau to left lit noted) indicate auaber of blows to drive casing one foot, using 300 lb, weight falling N inches(+l I. 0 NORTH SHORE MARINE INC. Twenty Three Glendale St Salem, MA 01970 Telephone (617) 745-5062 mQ�f/dP�lQl!QClOId February 12 , 1990 To : SALEM CONSERVATION COMMISSION Salem, MA 01970 Dear Members , All lumber used in construction of the pier and float for Collins Cove Condominium Trust shall be Chromium Copper Arsenate ( CCA ) pressure treated Southern Pine . It shall be treated with CCA to a minimum retention of 0 . 6 pounds per cubic foot . All pilings shall be treated with CCA to a minimum retention of 1 . 5 pounds per cubic foot . This treatment is approved by the state and federal government for use in harbors and waterways and in most cases the only treatment allowed by local cities and towns . CCA will notinhibit the growth of marine organisms on the outside below water level , but will discourage marine borers from penetrating and there- fore weakening the structure . CCA is also an excellent treatment for prevention of wood rot and is guaranteed by some manufacturers for up to thirty years of useful life . If you have any questions concerning this matter , feel free to call anytime . 4��Yi�a 11 hi C . Pelletier . Treas . North Shore Marine , Inc . PCP : ja • DREDGING • PILE DRIVING 9 WHARF BUILDING • SEAWALLS DOCK FLOATS Mold, No. 40.92 .48"L x 36"W / Alec � >- Kracor's dock floats are rotationally molded of tough crosslinkedpolyethylene and then filled 9 . z ve with either modified polystyrene or polyure- thane foam. • Not affected by gasoline or oil • Rodent & animal resistant / Mold No. 4102 48% x 36"W • Protected from sunlight by ultraviolet inhibitors. • Economical • Six attachment points y� • Filled with either polystyrene or polyurethane • Not affected by heat, cold temperatures or ice • Will float even if punctured 14 ? �'"" • One piece construction • Maintenance - Free �Z,k Walcon/Barnegat - 23 Congress St . , Salem, MA 01970 Coons Cove Condominium Trust 37 Settlers Way SaLem sass. 01970 January 17, 1990 Ms . Kathy Winn Salem Conservation Commission 1 Salem Green Salem, MA 01970 Re: Collins Cove Salem Condominium Trust Dear Kathy: Pursuant to our conversation of today, enclosed please find the environmental report prepared by Gulf of Maine Research Center Inc. You will notice that it has been written as an Addendum to the Notice of Intent and therefore should be read as an extension thereof . Very truly yours, r John S. Tangusso, Trustee (617 ) 523-3622 JST:mj Enclosure MIN GULF OF MAINE RESEARCH CENTER INC. Addendum to Notice of Intent for Collins Cove Salem Condominium Trust File #64-185 Proposed Pier and Float Prepared by: Hugh F. Mulligan Gulf of Maine Research Center 204 Lafayette Street Salem, Massachusetts January 1990 ENVIRONMENTAL CONSULTING SERVICES GULF OF MAINE RESEARCH CENTER INC. Addendum No. 2 to Notice of Intent Under the Massachusetts Wetlands Act, G.L. c. 131 , sec. 40 , of the Collins Cove Condominium Trust Part 1 : The following general information should be added to the original Notice of Intent. The Coastal Resource Areas in which work is proposed include: Land Under the Ocean Rocky Intertidal Shore Coastal Bank Land Containing Shellfish Part 2: The following site description should be added to Part II of the original Notice of Intent. The site where the pier and floating dock is proposed is located along the southeast side of Collins Cove in Salem, MA. The Cove is a relatively well-sheltered, rectangular-shaped, backwater of Beverly/Salem Harbor that is nearly completely bare at low tide. The pier will be attached to a filled wharf that projects approximately 250 feet into the Cove at its most northeasterly limit. The mean range of tide in Beverly/Salem Harbor is 9 . 0 feet, and the average spring tide range ( occurring twice monthly) is approximately 10. 4 feet. Tidal currents within the Cove can be expected to average considerable less than a knot, but the water is constantly in motion due to the tidal nature. The filled wharf is constructed of large boulders set vertically and capped by long, flat granite pieces set without mortar. The filling is very old and shows on maps dating to 1851 . The condition of the wall at the site is poor, with portions of the granite cap having fallen into the adjacent water. Reconstruction and repair of this portion will be accomplished as a part of the project. The GULF OF MAINE RESEARCH CENTER INC. page 2 Crow Two Club, a men' s organization in Salem, was located at the site until the Collins Cove Condominiums were built in 1986 . This Club had a pier and float at the same site and remnants of the pilings are still in place. At the base of the wall where the proposed pier will stand, the ground is composed of hardpan interspersed by sediment. The hardpan consists of large and small rocks, glass, bricks, steel debris , shell fragments, and asphalt pieces. Attached tufts of brown algae (Ascophyllum and Fucus) and mussels (Mytilus edulis ) are evident. Shell fragments of soft-shell clam (Mya arenaria) abound, but test digs indicate no live clams present. The shell fragments appear to result from bakes held by the former Crow Two Club, not from any viable clam populations. From the base of the wall, the ground slopes away towards the tidal channel. At about 30 feet from the wall, the surface of the bottom is sediment covered, with no hardpan showing. Test digs in this area indicated that the underlying sediment is extremely rocky (poorly sorted) . The potential for clamming by standard digging methods ( if legal or feasible) would be poor due to this substrate and the difficult footing. The Following Mitigating Measures should be added to Part IV of the Original Notice of Intent 1( a. & b. ) . The proposed pier and float project will not alter the topography of -the land under the ocean. Spacing of the pilings, no closer that 10 feet from each other, provides ample flow of water and wave energy so that there will be no barrier to sediment movement or interference from wave action. GULF OF NWNE RESEARCH CENTER INC. page 3 Wave energy calculations are unnecessary since the volume of all pilings below mean high water ( 121. 6 cu. ft. ) is less than 5 percent of the total water volume beneath the pier during mean high water ( 3520 cu. ft. ) . This information is available from the report of J. Gaythwaite, P.E. (copy attached) completed as a part of the Notice of Intent for the nearby Collins Cove Condominiums in 1985 ( File #64-122 ) . No eel grass beds are in the vicinity of the project. Pilings, pier, and float timbers will contain no leaching wood preservatives. Stagnation of waters beneath the pier will not occur since this is an area of constant tidal current flow which is also exposed at low tide. Resident fish are not expected to be adversely affected by the piers; in fact, fouling growth which will develop on the pilings should, in time, attract fish. Siltation and turbidity associated with the setting of the pilings will be temporary and should have no adverse affect on any biota considering the current action and exposure of the benthic environment at low tide. The actual setting of the pilings will be carried out as quickly as possible during periods of high water from a barge platform. Coastal Resource Area Type : Rocky Intertidal Shore The base of the repaired granite wall to which the pier is to be attached could also be considered as a rocky intertidal shore. The portion of the .wall adjacent to the attachment site presently contains the usual encrusting flora and fauna associated with local intertidal zonation. The algal genera, Ascopphyllum and Fucus, are GULF OF MAINE RESEARCH CENTER INC. page 4 the dominant vegetation. This growth conceals the usual encrusting fauna as well as a host of micro flora and fauna. while the presence of the pier will necessarily shade a small portion of the wall, this interference would not be expected to have an adverse affect to life in general on the wall. Coastal Resource Area Type: Coastal Bank The granite-capped seawall that serves as a perimeter for filled land represents the access of the pier to the land. This filled land area shows on maps dating back to 1851 . The condition of the granite block in the area where the pier will extend is poor, several blocks having fallen into the adjacent water. This section will be repaired before construction of the pier will proceed, since the stairway rests directly on the presently damaged portion. There is no potential erosion associated with this wall and it does not serve as source material for any dunes. Coastal Resource Area Type: Land Containing Shellfish In the past, Collins Cove supported a considerable fishery for soft-shelled clams (Mya arenaria) . Presently, these clams are only found in the channel beyond any influence of the proposed pier and float. Fishing for clams is presently illegal due to the highly polluted condition of the water. Further, only the most intrepid could reach the channel on foot since the surface mud is very unstable. Bait diggers can be found working the mudflats toward the head of the Cove closer to Webb Street where access is easier. Conversations with these worm diggers in 1985 indicated that the resource was marginal compared with earlier days. Several small GULF OF MAINE RESEARCH CENTER INC. page 5 mussel (Mytilus edulis ) shoals lie in the vicinity of the project, but since circulation beneath the piers is ample, there should be no adverse affect to any .potential shellfish resource now or in the future. There are no fish runs containing anadromous or catadromous fish in this are. Because of the soft substrate in the area, this area would not be suitable for use for winter flounder spawning. Therefore as a consequence of the repair of the ,pier and replacement of the ramp and float, there should be no adverse impact on the balanced, indigenous population of fish, shell fish and wildlife in the waters adjacent to the proposed project. GULF OF MAINE RESEARCH CENTER INC. Appendix JOHN GAYTHWAITE, P.E. MARINE CIVIL • OCEANOGRAPHICAL• STRUCTURAL CONSULTING ENGINEER (617) 526-4071 ENGINEERING 155 PINE STREET MANCHESTER BY THE SEA MASS.01944 25 July 1985 Gulf of Blaine Research Center 30 Church Street Salem, MA. 01970 Att: llugh F. Mulligan, 111D, Director ite : Proposed Waterfront Development at Collins Cove , Salem, PIA. - Wave Climate & Design Criteria Summary Gentlemen: This letter/report serves to summarize my investigation of the local wave climate and recommended waterfront design criteria for the subject project. General Descri tion & :storm Tides : The site is located along the southeast side of Collins Cove in :;alem, MA. The cove is a relatively well sheltered , rectangular shaped , backwater of Beverly ]larbor that is nearly completely bare at low tide . The property is bounded by approximatel 1100 lineal feet (as measured at mean high water (MHSJ� of gradually eroding coastal bank, most of which faces the north northwest with a stone filled wharf projecting approximately 250 feet into the cove at its most northeasterly limit. Figure 1 , attached hereto, shows the site and its over water exposure. The mean range of tide in Beverly harbor is 9. 0 feet , and the average spring range (occurring twice monthly) is approximately 10.4 feet. Tidal currents are very low within the cove. The site is designated as a "V-3" zone by the Federal. r;mergency Management Agency , Flood Insurance hate (1PIltfl) , which means that structures built within the designated limits of the V zone must be designed for velocity (wave) forces . The FlliM gives a base flood elevation 03F3) of 13 .0 feet referenced to the National Geodetic Vertical. Datum 0'1GV1)) of 1929. This corresponds roughly to a height of 17. 5 .feet above mean low water (P11.,Si) ; the datum roost Commonly used by coa:Ital and harbor engineers and which will be used throughout this report. During intense storm activity, especially "Northeasters" , hi)?her than normal tides result when "storm surge" , due to low barometric pressure and w.inu stre:a effects , roinciclrrs with time of high tide . Che extreme still we,,Aer levels (.�,Ll,) observed over time have probabilities of occurrence asc;ociated with staLictical "return poriod:;" . The ao- cal.led 100 year storm, therefore , which is used as the (2) basis of design of most permanent structures , has a 1 probability of occurrence in any given year. For Beverly and Salem Harbors , approximate extreme water level.:; are: return period (years ) 10 50 100 500 S.W. L. (feet. above M LW) 13. 0 13. 8 14 . 1 14 . 9 The maximum elevation to which water will rise is found by adding either the corresponding maximum wave crest elevation or wave run-up height to the above SWL' s . A small additional correction , on the order of a few tenths of a foot, should also be added to the above 5'::L' s to account for sea level rise currently estimated to be around one foot per century for most of the New England coast. Figure 2 shows a representative profile of the bank and near shore bottom, which illustrates various relative water levels . References 1 , 5 , 8, and 12 listed at the end of this report contain additional information on extreme water levels. Ice : Collins Cove is subject to freezing over even during average winters . During more severe winters , ice thick- nesses in excess of 12" are possible . Because the cove bares at low tide, the ice will generally remain broken up. Pile-up and ride-up of ice cakes driven by northerly winds against the bank and any proposed slope protection is of concern. Ice plucking forces should be considered in the design of riprap slope protection . Ice cover may have an important beneficial effect in suppressing wave development since most severe "Northeasters" occur during the winter months. t4ave Climate : The site is exposed to locally generated grind waves for winds from the north to northeast octant at time of high tide (see Figure 1 ) . Under normal tides and prevailing wind conditionls , the bank is virtually unaffected by wave action. I]owever, with strong; north to northeast winds and higher than normal tides the bank may be subjected to significant erosion by wave action. This study, therefore , has concentrated on extreme wave and water levels for which hank protection ::ieasures must be designed; , i .e . , the .100 year storm. Northern Dew ;ngland is subjected to northeast storms with sustained winds of greater than 3,, mph and higher than normal tides on a nearly annual. basis;. 1,or the 100 year storm, sustained winds in excess of 60 mph from the NNr with a Sc:L of ? 14 feet must be considered . Figure 3 summarizes wind speed data for Boston ^;arbor, the nearest reference station for which sufficient statistical data exists . ,ieferences 2 , 3 , O and 1.1 contain additional climatic data of interest. 'lave heights and periods for the annual and IOU year events aera c%1cul:, ted using; the method::, of References G :uu l.d . ;ave h,.r.irht:; ;:rid pr�riudo can be charactor:i.zed in terms of the c.i -u.il'icnnt height (lid) wind period OP,, ) which .i s definod tilt! ,a,vcrnGc of (3 ) the highest one third of the waves measured in a seaway. A statistical distribution exists about Its whereby, for example, the average wave height =. 64 lis , the highest 10% = 1. 28 Its and the highest is approximately 1. 87 Hs . Figure 4 is a wave height spectrum for conditions pertaining to the assumed 100 year event which illustrates the relative wave energy present at different wave lengths (corresponding to frequency in the diagram) . Tile significant wave height is, Hs = 2 . 75 feet and To = 2 . 5 seconds corresponding to a deep water wave length of 32 feet. The highest 10% of waves present would equal or exceed 3. 5 feet and the highest would approach 5. 2 feet. The highest waves would likely break due to shoaling before reaching the bank. The above heights should be reduced approximately 12% to account for the directional properties of the wave spectrum relative to the shoreline normal . For the annual extreme wave event an Its = 1. 5 feet and Ts = 2 .0 seconds superpo -,ed on a 12 .0 SWL should be a conservative estimate . Due to the complicated shoreline topography and bath•ymetry , shoaling and refraction effects, uncertainties in wind speeds and funneling effects, etc. , an exact prediction of the wave spectrum is not possible . Based upon experienced judgment, however, the above should be reasonably conservative estimates for design purposes. For a maximum wave height of about 5 feet with 70;u' of its height above a J'. L of 14 . 1 feet , the maximum water level is nearly equal to the l Ilti°i, BYE' = 17. 5 feet. The relative run-up or stash height should be nearly on the order of the wave crest elevation due to the relatively short wave lengths and for shoreline slopes of 2 on 1 or flatter. It is possible that larger waves and remnants of swell entering Beverly harbor through .Salem :found may penetrate into the Cove . This may result in some confused "sloshinc;" motion within the Cove ; however it is believed that :;uch longer period waves .could be of relatively low amplitude due to refraction and shoaling effects. besirrn Criteria: Xusi_rn of any structures at tine site should conform to tla(-, ;ipplicable requirement:: of the Nassachu.;etts ,ILat ?uiJdirJ;, Code ( -'-113C) aith particular reference to .,c�:ti.on 7,14 .0, ,and to any City of Sal.ern or other .Local building-, autho.r•it,y requirement:; . Resi.dent:i.al structure:; should �;dditional.ly conl'orni 'to the general guidelines oi' l;e]'erence 1;-, , hind speeds ]'ar structure design will be c;i„rri f'i c::r l l.y I;re;i Cc .r than wind speed:; used to ;venerate the w,;ve 1'ir_l.dr - :;ee References 2 , j , ,:nd the h.;i3C. aesian oa.' rilu <.il; revetments or rubbla:,, structure:: should be in accordance ;rith the methods of :iefcrence 6 , or as otherwise required by slope stability/geotechnical considerations (beyond the scope of this report) . Slope protection for wave attack should be designed for the 100 year storm for the highest 101,16 wave height = 3 .5 feet for a breaking wave . Using the methods of Reference 6 and assuming a rip.rap revetment with a maximum steepness of 2 on 1 slope (see Figure 2 ) comprised of two layers of rough angular quarry stone properly placed , results in an individual primary armor stone weight of about 500 lbs . This should be considered the minimum stone weight which may likely be increased during final design when potential ice forces and geotechnical considerations have been further evaluated . The value Of KD used in the stability formula Should not be gfea'ter than 2 .0 and final selection of its value should be confirmed by experienced judgment based upon the final design slopes and materials used . The lowest "structural members of any proposed elevated. walkways or platforms should be above the BF,-" and such structures should be adequately anchored for uplift and lateral forces . all materials should, of course , be suitable for marine exposure. The information presented herein is intended to serve as input .for planning and preliminary design of the waterfront portion of the subject project. references have been provided for final design follow-up. ] t is further recommended tbat final design of any waterfront features be carried out by a qualified engineer .familiar with marine design. The existing stone-fill wharf should be inspected to ascertain its present materi {1 condition prior to designing any h(:bitable structures to be placed on it. ;oil borin c wi i, likely be require(! . tlhould. there be any questionu cegardinn; the inl'orml.t.ion presented. herein or relatc(i issu(':a , please do not hesitate to contact the undersigned -.t any time . 'I e el ' wEw J . Ga th,:rti r JG/rr Attmtca: .iefcr.(lice:. Figure,: 1 throu.;h ,I REFERENCES 1. Anderson Nichols , Inc . "Flood Insurance Study" (Beverly & Salem) , prepared for FEMA, Feb. 1985 . 2 • ANSI "Minimum Design Loads for Buildings & Other Structures" , ANSI , A-58.1, N.Y. , N.Y. , 1982 . 3 . Batts, etal "Hurricane hind Speeds in the U.S. " , NBS, ASS, No. 124, U.S. I Dept. of Comm.. , Washington D.C. , May 1980. 4. Essex Survey Service , Inc . "Topographic Plan of Land in Salem, MA. " prepared for McNeil Associates, Feb. 1984 . 5. Peterson, K.R. & Goodyear , H. V. " Criteria for a Standard Project Northeaster for New isngland North of :Cape Cod" , U.S. Dept, of Comm. , N. H.R.P. , No. 68, March 1964. 6. U. S. Army "Shore Protection Manual" , Vols. I & II, U. S,Army, C.E.R.C. , Vicksburg, Ms„ 1984. 7. U. S. Army "Flood Proofing Regulations" , USACE, E.P. 1165-2-3149 Washington, D. C. , June 1972 . 8. U.S . Army "Tidal Flood Profiles for the Neer England Coastline" , New England Div. , USACE, Waltham, MA. , Jan. 1980. 9. U.S. Dept, of Comm. "U.:3. Coast Pilot" - Vol. I , U. S. Dept, of Comm. , Jan. 1985 . 10. U. S. Dept. of Comm. 110-alem, Marblehead & Beverly Harbors" , Iiautical Chart #13276, NOAA, N.G . S. , July 1984 . 11. U. S. Dept, of Comm. "Local Climatological Data - Boston, NA. " , NOAA, N. O. S. , 1980. 12. U.S. Dept. of Comm. "Flood Insurance Rate Map" panel 1 of 5 , CP 1i 250102-0001-B, Aug. 1985 . 13. U.S. Dept. Housing & Urban Dev. "Design & Construction Mianual for Residential Buildings in Coastal High Hazardn Areas" , U. i; . i;ept, of housing CK Urban Dev. , FEH,ii, FIA-7 , Jan . 1981 . 14 . Vincent, C. L. & Lockhart , J .11. "I)etermi.ning Sheltered .;ester 'nave Characteristics" , Dept. of the Army , USACE, ETL 1110-2-305 , 16 1'eb. .i904 . err = i .� wk a Nautical Mite i Yads .00 1000 V 6 TIDAL INFORMATION_ - O 2 %. C hgry/ °111 � R� e nelgnl,a1m,eE ro 0alom of eovM,pa(MLw I I rt Roca Mean ( rf • r0 �`°r,, Nlan ware, TIE°Lava Law W°br 1}I]CS, " r 91�S; ro a Marbleheao 9.1 +S lea 6 Salem' 0.8 4.4 0.0 �T BCver1r 9.0 +s 0.0 ur, Macke e Ca di�A; 6t r ® r\ r, -.... - -��.. . .. .. ` / ` , Ik'�nr~a, y; n n, ^ ;t>•'y}rl .}.rJ`�'1 RP'L 0Projection Scale 1:10,000 at Lat. 42°31' ,: sr4tR Norl6 American 1027 Unlum SOUNDINGS IN FEET AA f 4 AT MEAN LOW WATER f 4 2 Q G1r4t`.. 17 / 2 40SW.NG.. umcrs S. , .rr ' (L44C' i.. .' .r 73 ='2 ,. 15:11:9 NOR, L.,a I y r 7 "OR.C L b.� +•,p ,I VCR,.CL.a FT.> d12` ovno.PRR,C', q '0 32• 0 20 �\F ... II wB Jvv ��, Aurn <L as rt. 54 6 : , :•21 G7 19""'24`. •...............\y'_I1 tt". Gi l T Jvr . 33 r•• IS >C^3° •.2y_...•" .: 1 27 /2 \5 - !11':� •.. 2; 27 ". ' 22 r922 IS 26 20 )•5 :.-! 21 ' 2....-23'•.. 24 24 \� 12! r/ 22 r 24 23 24 23 ' r 9:; IG 116' 21 23 a � Q� YacTl r.11s� 2.'.p ./f/ r -. �� 23 •. ID ii" 15 16 2 I �Jc ■ I�b b 2 C9 .I �/ ,22 25 23 d' I4 r 14,' er 1 13 n3!.. I3 2G 12 L':; - �. 2 \ G I I 7 24 r Ar 113 I jl II 4 C ,T� \c / .. i 4 T.FF:1ryry 1G Z. 23I11 '/, �\JUar' 24 22 sht I13 x< /2°/ 2 , �:y ( I % 3 19 .I 1� !.•Y Ijkrl A 2 6 ` / SR! /AL ANCNORAff 7 q .I51 / Tow[R'. /\ 0 r / J I/0258 I/O/ .Y7 r'.J <lr+ S } 21 .f 17 ...,\1 \ BU17 Bnare AJ l e 11 21 j• IZ,� °< r\ 0 113 I \ \\?' 15/ v. .] AI ,r tt ra /a ` 15 2 .•:' M (L • 141' `� fl/� el ! G �•.. I� 9 - ....0.••>..2 r t3 tamp'Born RI< i 10, I Z IS ' a VND cL 1' Au . 4 rM. sa rc J� rowtR O unrper h� �Co Ve- :� 9 �R ° -ltistt _ l G01 •'4j 1j ' Oro ItR Z L6y �� •.,, G C r r ,i,/11,o o 20 J i f N?rail n 191 a c (' is w S , ti O V FETCH DELNUiNTIO R N �4M '' ``J`° 'R~^:•`t' ,""'�F°'" �` PROJJEc�' % LOCALLY GENERATED WINO WAVES /nt,a LOCUS /> .,.o,,•• _ _ PO R71DtJ NAAA.CNART � � 13Z76 7/it3/SS RADIAL A a„°r.nr r 2 Al T G V U d r - '19 1,^ r r r—r r— , 2 (MAX.REC. �I 1 �1 COW G' Anu TE CAPSTOUE _._.. EAW u FINED Ly. MHIlI WHARF s - SECrIOi,t SNOr�Ir.1G BALIK STA�ILIZ.ATION " II WITH RI?PAY REVETMENT I �� ` n. SCGTIOU (2) FACE OF '7 COLLII.IS COVE) (BffVERL,/ I-IAR?:0=\ SALHMINrA. I , D6516U WAVE (10 Oyr.� E1.I75� /COASTAL'3AdC' I\\\\\\\ -. a� LJW.o.ST_-__ I o' — 2.0 REPRC S EN T I T IVI_ I�EARSHOSZE PROFILE (SECT IOMTAKCW AL(3NGSHOUELI ME WOaZMAL - ' SFIOOJN IN F16URE 1) $GALE: I°=10' FIGURE Z HOURS PER YEAR NNVW 10 NNE 8 G� hw 4 NE A 2 ,j,'f6•,iAr WNW I .1•., / )-,1'a I �F ./VA 6y11 ,.• ENE 0 WSW ESE t Li.J SYI " SE LEGEND* 14 32.38 M.P.H. SSW SSE �. , GREATER THAN WIN D P OSE 1 •''Il'• r"�47 M.P.H. LOGAN AIRPORT, 60S"i ON,MASS. OCTOBER 1949-SEPTEMBER 1959 10 YEAR RECORD 'DURATION FOR EACH RANGE OF WIND SPEEDS IS MEASURED OUTWARD FROM TOP OF UNDERLYING BAR GRAPH. NOTE: PERCENT DURATION PER DEGREE IS THE AVERAGE PERCENT DURATION OBSERVED FOR EACH 16 POINTS OF THE COMPASS DIVIDED BY 22 112 DEGREES. WIND MEn,JS EYTIZE1AES Ar 104AnJ A.P- -{y.r_o 196o So UQ C E: IJO.A.Ay pIAT,CLIMATIC CTR. '14 W�.�oPe EC; roa 2LYr-:. .c aUo0.o ' 1 � 'Y 1-A1�E$r NiLG w1..IDSPEE0�1roi.,Jov.) _I .__:.._,�...__�...... _I`AHA/J ..1CC� Po$•/w,.mK� 11ebTtl (MpL ) nv_¢cr ..l SrUcD(r-YL.) YEAP� 14.3 II�i---•— t; 1 /Ju1 Fee. G4.1 wl.rs) fJC ly)g Meci 13.y 1.I�7 60 rJC 1?7J.. APn• f3.3 bMcJ Z. 50 zia= Iqc) 11.4 0.9 1 44 17 5Co. Dir. I1,1 _ J qE SE I?Zo N1a. It. 9 �l 6 /)c Ilse ;VEf. 13.7 1.111b1 11)w Ig6Z , A tr 4Ar T D 711-riAOS; Eyeqm Iz.6 _ =.��.- -i—.--. 6I-. _ rJ.� . -. - - --FEe.f97e FIGURE COMMULTRt4 ■M IHKCR GO.MRC. / 157 TINE STREET - Job No. 1 . of Shle. MANCHESTER, MA 01944 Iw.cntion COLL11J$ V CoE� SALE/A MA. Dnte .TuLy8i5 - - EXTREME H/P.VE CLiMA r WAVE HEIGHT SPECTRUM WAVE 6NEP.Gy VS. ANGULAR FP_EQUEQfy Ts 10O '3eor S+O'Ph' $'1 Q i Te.= r,lOOO fae't c 8Avc,, ' Z.O BASEnorJ;BRET scHnnEDER � . SPECTRUM �.VSAC�� ' - $PNIy FOP.ECASTIN f: ., I CURVES. . N 1 H � 3 140TE: CO4QEC-rIOI3 FACTOR OF 0.77 SHOULD 6E APPLIED To WAVE E"CPG`/ F'OtZ DIRCCTIotJAL SPREAb 0 I.o 7.0 3.0 4.0 5.0 6.0 To 8.0 4.o 3.o Z.0 1•5 I.0 FIGURE d , n umt ' O�f &Wc&&u* ' of&66� 4&_V� Brian Donahoe `1-llllfB60fli of Waco- Yv/Cl&'oY7, 6on&o Deputy Director �ry (617) 292-5647 cliw %Pant&- U&eevi, 00am', d� F April 10, 1990 APR 17 1990 �A�Fs�� l"!�eC1l9PP�� Mr. Hugh Mulligan Re: Water Quality Certification Gulf of Maine Research Center, DEP File No. 64-122 Inc. Collins Cove/Revetment 204 Lafayette Street Salem Salem, MA 01970 Dear Mr. Mulligan: In response to your request in your petition of March 21, 1990, this Division has reviewed your application for an after-the-fact Water Quality Certification for the Collins Cove Condominium project. The proposed work, repair of 180 feet of stone revetment and construction of an additional 470 feet of revetment along the shoreline was completed in April of 1986. Large granite stones were placed, from the upland, during low tide to construct the revetment with erosion and sedimentation controlled by hay bales. Work was performed above and below the mean high water mark. In accordance with the provisions of Section 401 of the Federal Water Pollution Control Act as amended (Public Law 95-217) , this Division hereby certifies that, based on information and investigations, there is reasonable assurance that the activity as described above is consistent with applicable water quality standards adopted by this Division under authority of Section 27 (5) of Chapter 21 of the Massachusetts General Laws, as codified in 314 CMR 4 . 00.. No enforcement action will be taken in this case by the Division for failure to obtain water quality certification prior to construction. DEQE NOWIS TMEDEPARTMENTOF ENVIRONMENTAL PROTECTION Original on Recycled Paper -2- This certification does not relieve the applicant of the duty to comply with any other statutes and regulations. Very truly yours, Arleen O'Donnell Acting Director AOD/MZ/wo 78/2-mulligan cc:✓Salem Conservation Commission, Town Hall, Salem, MA 01970 NOTICE OF INTENT FEE TRANShII'ITAL FORM DEPARII= OF ENVIF;K� PFDTDCTION DIVISION OF WETLANDS AND WATERWAYS NOTICE OF INTENT (NOI) APPLICANT: PROPERTY. OWNER: Name John S. Tangusso, Trustee forName Collins Cove Salem Collins Cove Sa em Condominium Trust Condominium Trust Street 37 Settlers Way Street 37 Settlers Way City/Town Salem City/Town Salem State MA Zip Code 01970 State MA Zip Code 01970 Phone Number (617) 523-3622 Project Location: Street/Lot Number 41 Memorial Drive City/Town Salem, MA 01970 Assessor ' s Map 42 , Parcel 006 DEP FILE NUMBER (if available) Not Available NOI FILING FEE DISPUTED FEE Total NOI Filing Fee: $ 200 . 00 Total Disputed Fee: $ (as determined in Notice of State Share of Filing Fee: $ 87 . 50 Insufficient Fee letter from (1/2 of fee in excess of $25.00) conservation commission) City/Tam Share of State Share of Fee: $ Filing Fee: $ 112 . 50 (1/2 of total disputed fee) City/Town Share of Fee: $ (1/2 of total disputed fee) INSIRUCTIONS 1. Send this Fee Transmittal form with a check or money order, payable to the Ckmm nwealth of Massachusetts, to the DEP Lock Box at: Department of Environmental Protection Box 4062 Boston, MA 02211 2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Cxmmiission. 3. Attach a covy of this form and a of the DEP check to each of the Notice of Intent forms submitted to the DEP regional office. 11/10/89 310 CMR 10.99 Form 3 DEP Poe No. Commonwealth " (To oe p AoW by DEP) f = o! Massachusetts C,ty %D n Salem ADDIIcant Collins Cove Salem Condominium Trust Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I:General Information 1. Location: Street Address 4' ..__,.ri;;l T)riup , Salem MA 01970 LotNumberMap 42 , Parcel 006 2. Project: Type Pier & Float Description4O ' timber pier to be constructed as an extension to existing stone bulkhead and to include a 35 , gangway connecting to a 15 ' x 25 ' timber float with styrofoam flotation. 3. Registry: County FcceX Current Book 9961 &Page 166 Certificate(If Registered Land) Not applicable 4. Applicahtroll ;ns rove Salem Condominium Trust Tel. 617-523-3622 Address 37 Settlers way, Salem MA 01970 5, Property Owner Same Tel. Address 6. Representative Tangi7S40, Trnc;tpe Tel. 617-523-3622 Address 17 Settlers Way, Salem MA 01970 7. a. Have the Conservation Commission and the Departments Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent•with supporting plans and documents? Yes X No b. Has the fee been submitted? 3 Yes C No c. Total Filing Fee Submitted d. City/Town Share of Fling Fee S 1 1 2 _ SO State Share of Fling Fee G R 7 , 50 (sent to City/Town) (1/2 of fee in excess of 525, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? X Yes C No Effective 11110189 Addendum to Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, sec. 40 and Application for a Department of the Army Permit Applicant: Collins Cove Salem Condominium Trust 7d. The applicant determined the fee in accordance with the regulations of the Executive Office for Administration & Finance, 801 CMR 4.02 (310) and the Wetlands Protection Act 310 CMR 10 .03 (7 ) (c) Category 5 The fee was calculated at the rate of $2.00 per toot (Category 5) multiplied times the entire length of the proposed pier and float. The components are as follows: Timber Pier 40 feet Gangway 35 feet Float 15 x 25 feet 1 eet x $2 . 00 = $200 .00 B. Have all obtainable permits, variances and approvals required by local by-law been obtained? Yes _ No X Obtained: Applied For: Not Applied For: Army Corps of Engineers D.E.P. Wetlands File # D.E.P. Waterways Lic. ((pendincr final orde�o# con- 1 don Conservation Commission) 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. C. 130. §105? Yes _ No X 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying NumberrLetter Title, Date A Carr Dee Corp. — Subsurface Investigation B DeFalco Virinity Map Plan w eva i0 g/14 89 C Robert E. Anderson, Inc. - As Built Plan 9/16/87 D Essex Survey Service, Inc. - Plan of Land 5/1/85 11.Check those resource areas within which work is proposed: (a) a Buffer Zone (b)Inland: ❑ Bank' Land Subject to Flooding, Bordering Vegetated Welland* ❑ Bordering C Land Under Water Body&Waterway' O Isolated (c)Coastal: Land Under the Ocean ❑ Designated Port Area Coastal Beach• ❑ Coastal Dune Barrier Beach ❑ Coastal Bank Rocky Intertidal Shore' C Salt Marsh' Land Under Salt Pond' ❑ land Containing Shellfish• Fish Run• Likely to involve U.S.Army Corps of Engineers concurrent jurisdiction.See General Instructions for Completing Notice of Intent. 3.2 "a"i wetland resource area to be altered by the proposed work located on the most recent ?:,7mated Habitat Map(if any)of rare, "state-listed"vertebrate and invertebrate animal species •ccurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES ( J NO [X J Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE [ J (If any) If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery,so that the Program shall have received Appendix A prior to the filing of this Notice of intent? YES ( ] NO [ J 3.3 Part II:Site Description Indicate which of the following information has been provided (on a plan, in narrative description or caicula- tions)to clearly,completely and accurately describe existing site conditions. Identifying Number/Letter (of plan,narrative or calculations) Natural Features: A Soils Vegetation Topography Open water bodies(including ponds and lakes) Flowing water bodies(including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test Bounoanes of resource areas checked under Part I, item 1 1 above Other Man-made Features: ]3, C, D Structures(such as Piers.buildings, towers and headwalls 9 Pi ) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), darns and dikes C Subsurface sewage disposal systems I' Underground utilities C Roadways and parking areas B, C, D Property boundaries.easements and rights-of-way D OtherFilled Land Part III:Work Description Indicate which of the following information has been provided (on a plan. in narrative description or calcula- tions)to clearly,completely and accurately describe work proposed within each of the resource areas checked in Part I,item 11 above. Identifying Number/Letter (of plan,narrative or calculations) Planview and Cross Section of A Structures(such as buildings,piers, towers and headwalls) Drainage and flood control facilities,including culverts and open channels(with inverts). dams and dikes Subsurface sewage disposal systems&underground utilities Filling,dredging and excavating, indicating volume and composition of material Compensatory storage areas,where required in accordance with Part 111, Section 10:57 (4)of the regulations Wildlife habitat restoration or replication areas Other. Point Source Discharge Descriptlon of characteristics of discharge from point source(both closed and open channel),when point of discharge falls within resource area checked under Part I, item 11 above.as supported by standard engineering calculations.data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the 10•year and 100-year frequency storm: 3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part I, item 11 above; 4. ESUrnated water quality characteristics of pre-and post-development runoff at the point of discharge. Part IV:Mitigating Measures 1. Clearly,completely and accurately describe.with reference to supporting plans and calculations where necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part II or Part III of the regulations; or (b) why the presumptions set forth under each resource area specified in Part 11 or Part III of the regula- tions do not apply. �. coastal ResourCe Area Type. lden Utying number or letter Inland of wopon documents The proposed pier and float project will not B, C, D alter the topography of the land under the ocean. There will be no increase in storm damage or erosion of coastal beaches, coastal banks, coastal dunes or salt marshes . X Coastal Resource Area Type: Identifying number or letter Inland of suopon documents All of the presumptions set forth in Part II and B III of 310 CMR 10 . 00 do apply; however, the pro- posed project involves no dredging, removing or filling of land under the ocean. The pier and float will require the placement of 12 timber pil s but they will not affect water circulation, dis- tribution of sediment grain size, water quality, fin' fish habitat or important food for wildlife. �.c Coastal Resource Area Type: Identifying number or Wrier Inland of support documents 2. Clearly. completely and accurately describe.with reference to supporting plans and calculations where necessary (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part I, Section 10.02(1) (a)of these regulations; or (b) if work In the Buffer Zone will alter such an area all measures and designs proposed to meet the performance standards established for the adjacent resource area specified in Part II or Part III of these regulations. X Coastal Resource Area Type Bordered By 100•Foot Discretionary Zone: loemoymg number or letter eltand of succon documents The 100 foot set back to the resource area encom- B, C, D passes the existing earth filled pier and stone bulkhead which shall be used for loading and • staging. There shall be no alteration of the Buffer Zone and the work incident to the proposed pier and float will not affect the land under water. There will be no dredging, filling or re- moving of land in the Buffer Zone. Water circula- tion, distribution of sediment grain size, water quality, fin fish habitat and food for wildlife will not be affected by any of the work required by the proposed pier and float. 3.6 Part V:Additional Information for a Department of the Army Permit 1. COE Application No. 23-89-2333C 2. Collins Covp . Ralpm, MA (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 1) John & Victoria Zujewski, 45 Memorial Drive, Salem, MA 01970 2) City of Salem, c/o City Hall , 93 Washington St. , Salem, MA 01970 4. Document other project alternatives(i.e..other locations and/or construction methods. particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8%" x 11" drawings in planview and cross-section, showing the resource area and the proposed actly• ity within the resource area. Drawings must be to scale and should be clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal permit can be issued.Certification may be obtained by contacting the Division of Water Pollution Control.1 Winter Street. Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice.Disclosure of this information involuntary,however,if necessary information is not provided,the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents and supporting data are true and compI I ,to the best of my knowledge. -ral ' s e. Sal" Tus� Signatur of ppllcant Date Signatur44 Applicant's Representa ' a John S . Tangusso,Trus. Date FORM "E•repu•n to ENO Fees e3e6 opproeo/ by NQUSACE. 6 May 199E". KID 100 (TEST) '.This 6eee�ot euuuo • joistDqutou of the Army ee6 Store Of Muo•A6utu •ppbouen (or 6 pent to •►fete perwuu•e to perform eetlelrto in United Stotts teem. The Olt.,. of Meeyet••et end Sedge, fOMa1 has gpreed oboe*Hwuu6 rwotrd by the US Army C•epo of Enpoev6. OMS Noebee 0102.0039 end eepuetion 0eto of SO Dept moor 1333 eppine". Thu tl6tem•nt rill be set to 6 pout type. 'A.7