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CANAL STREET - CONSERVATION COMMISSION 0-4 RDA Status Sheet Address:����' t ° �.1 (kA,A--- �e( Application Type: Date Submitted: Contact Name: \)o..t kr , a, Phone: Proposed activity: S.1 application Complete orrect Fee Received '-Legal Notice Sent Q-Confirmed li;-Online 4-Added to Agenda -+�,genda to Applicant 'Agent Comments to Commission Hearing Opened: V� Continued: Site Visit: r1 A butters Notice Confirmed ❑ Permit Sent to Applicant and DEP ❑ Confirmation of Delivery -Added to database Notes: H:\CON COMMWdministrative\project status sheet\Copy of RDA status sheet 2013 2013-07-15.doc CITY OF SALEM � CONSERVATION COMMISSION '�BciM�Ni�v� CONFIRMATION OF HAND DELIVERY Document: Ocean Ave. beach borings Determination of Applicability Recipient: Signature: l�l� Date: _ ��� o2(31� s CITY OF SALEM CONSERVATION COMMISSION July 25, 2014 David Knowlton, City En ineer 120 Washington Street, 4` floor Salem, MA 01970 Re: Determination of Applicability—Ocean Ave. beach soil;borings Dear Mr. Knowlton: i Enclosed, please find the dgtermination of applicability for the above-referenced project. This permit is effective for three years following the 10-business-day appeal period. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, i i Tom Devine Conservation Agent i i Enclosure i Cc: DEP Northeast Regional Office I i I i i i i i Page 1 of 1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlajnds Protection Act M.G.L. c. 131, §40 A. General Information Important: i When filling out From: forms on the Salem Computer, use Conservation Commission i only the tab i key to move To: Applicant i Property Owner(if different from applicant): your cursor- do not use the David Knowlton City of Salem return key. Name Name 120 Washington Street, 4t"flood 93 Washington Street Mailing Address Mailing Address Salem Mat 0Salem MA 0 City/Town ! State zip ate Code City/Town StZipp Code Ana 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Alternative Outfall Alignment(with handwritten annotation) 6/27/2014 Title Date Title Date Title Date 2. Date Request Filed: 7/10/2014 B. Determination ', Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Borings in beach area to aid in design of planned Canal Street Flood Mitigation Project outfall with equipment access route as noted on plan. I i Project Location: Shore and Ocean Avenue Salem Street Address City/Town NA NA Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Apoicebility•rev,OW13 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determinationj(cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination] Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plah(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the fling of a Notice of Intent. ❑ 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as,long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.08113 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. w aformldoc•Determination of Appflwbilily•rev.01V13 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) wThe area and/or work described in the Request is not subject to review and approval by: �� n!!N Name of Muni ipality Pursuant t9 a municipal wetlands rdinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: 1:5*by hand delivery on ❑ by certified mail, return receipt requested on Date — �� Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see htto://www.mass.gov/eea/agencies/massdeo/about/contacts/find-the-massdei)-regional-office-for-vour- city-or-town.html) and the property owner(if different from the applicant). ures: Date wpaform2.doc•Determination of Applicability•rev.08/13 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see htto://www.mass.gov/eea/agencies/massdeo/about/contacts/find-the- massdeo-regional-office-for-your-city-or-town html) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. w aform2Aoc•Determination of Applicability•rev.08113 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code IAV Phone Number Fax Number(if applicable) Project Location Mailing Address Cityf,rown State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ($120 for individual single family homes with associated structures; $245 for all other projects) ❑ Superseding Determination of Applicability($120) ❑ Superseding Order of Resource Area Delineation ($120) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Forth•rev.08113 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www mass gov/eea/agencies/massdeo/about/contacts/find the massdeo regional office for your-city-or-town.html). 4. 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. w aform2Aoc•Request for Departmental Action Fee Transmittal Form•rev.08/13 Page 2 of 2 �,conm�r,�o 4 CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for the City of Salem, 93 Washington St, Salem MA. Purpose of hearing is to discuss proposed soil borings within an area subject to protection under the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection& Conservation Ordinance in the beach at the intersection of Shore and Ocean Ave. The borings will aid the design of an outfall for the planned Canal St Flood Mitigation Project. Hearing will be 7/24/14 at 6pm in City Hall Annex, 3`d floor conference room, 120 Washington St. Please print legal ad on: July 17, 2014 Please invoice: David Knowlton, City Engineer 120 Washington Street, 4d'floor Salem, MA 01970 978-619-5670 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the David Knowlton City Engineer dknowlton@salem.com computer, use Name E-Mail Address only the tab key n to move your 120 Washington St. 4 floor cursor-do not Mailing Address use the return Salem MA 01970 key. City/Town State Zip Code 978-619-5670 1d Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Salem Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc Page t of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Shore and Ocean Ave. Salem Street Address City/Town NA NA Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Coastal beach in Salem Harbor at the intersections of Shore Avenue and Ocean Avenue. c. Plan and/or Map Reference(s): Alternative Outfall Alignment(with handwritten annotation) 6/17/2014 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Two or more borings in beach area to aid in design of planned Canal Street Flood Mitigation Project with equipment access route as noted on plan. wpaformi.doc Page 2 of 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 - ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpafarml.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands � WPA Form 1 - Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: City of Salem Name 93 Washington Street Mailing Address Salem City/Town MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in acc rdance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. � X11 (lq S nature of Applicant Date Signature of Representative(if any) Date wpaformtdoc Page 4 of 4 w OR fJl a HLY A A \ No. OR mR :vlr \ OC,pi a &Dowli iy IA WI)CRICri ArKINS TRU6� uOJ+ h LRlif.k 1 1 n,*R L \ \ 15'05 LO SS^rf/l9—G \ W111, /(>Ilb 4 K S02 5 ASS"U K nj ) J 2—D 09K 1 LL ( .Ll MW 034/ ttPClol9 _i� /' � `✓ �� - Fb Via. � ,`^ � \ _ Y_� _1 MJ "' � ` afrytY 1a 24NON OCEAN AVENIE Ilan w r _ — _ y�� uw I a0 \ \ \ �k� 1 j�L s L \ \ \ \ n4 \ \ \ `o \ <raw rr:0:u;rr Wf. OW OH DORMER ^' t f z0 r - p T A h N T/'-N: \ .4 .. . .` `. rh Y cc. \ _ \ ` ass[srson Ji01.33-C BOCK 6 PAGE Ni U yav d Uw UE t, u.ti.v / �•1r t "n'[�`�:i nY.Qi XiS. Stkt rS� :"t, r Ri ARt A, it, 1. �y d 1 �t "V �I. q� iaON� N 3 3 INV 2 5,44 \ f. �kOR AVi L �u q1 IATIVE UTFALL ALIQMENT — S �I, <.d� -- ` as s0 WOODARD & CURRAN JUNE 27, 014