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46 CLARK STREET - CONSERVATION COMMISSION RDA Status Sheet Address: UZI Date Submitted: Contact Name:„ y' L Proposed activity: Phone: J-7,F application Complete correct Fee Received e-Legal Ad Sent —ff-Legal Ad Confirmed -D-Online Added to Agenda Agenda to Applicant Agent Comments to Commission Hearing Opened: �(� Continued: Site Visit: -^Permit Sent to Applicant and DEP •-eConfirmation of Delivery u4(dded to database Notes: H:\CON COMM\Administrative\project status sheet\RDA status sheet 2013-10-30.doc 5 r9 CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Iovani Yoe, 46 Clark St, Salem MA. Purpose of hearing is to discuss, after the fact, expansion of a residential lawn at 46 Clark St within an area subject to protection under the Wetlands Protection Act MOL c.131§40 and Salem Wetlands Protection& Conservation Ordinance. Hearing will be held 9/8/16 at 6:30pm in the City Hall Annex, 3`d floor conference room, 120 Washington St. Salem News Publication Date: September 1, 2016 Deposit submitted by: Iovani Yoe 46 Clark Street Salem, MA 01970 978-305-0362 0�DNDIT CITY OF SALEM 9 CONSERVAfiION COMMISSION 9��MIW6�,,; September 9, 2016 Iovani Yoc 46 Clark Street Salem, MA 01970 Re: Determination of Applicability--46 Clark Street Dear Mr. Yoc: Please find the enclosed Determination of Applicability for the above-referenced project. This document is effective for three years from its date of issuance. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom Deva Conservation Agent Enclosure CC: DEP Northeast Regional Office L11Massachusetts 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 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the lovani Yoc return key. Name Name 46 Clark Street Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Untitled annotated plot plan Undated Title Date Title Date Title Dale 2. Date Request Filed: 8/31/2016 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): Expansion of lawn into regraded buffer zone. Project Location: 46 Clark Street Salem Street Address Cityrrown 7 86 Assessors Map/Plat Number Parcel/Lot Number wpaform2.Coc•Determination of Applicability•rev.1214 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. Determination (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 plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing 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 w aform2doc•Determination dApplicability•rev.12114 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. 2�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). i ❑ 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. wpaform2.dort•Determination of Applicability•rev.12114 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) 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinanc or bylaw. b1���� J C�v,sR� Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on AK by certified mail, return receipt requested on Date Dates' 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/massdep/about/contacts/) and the property owner(if different from the applicant). Signa es: I Ah Dat wpaform2.doc•Determination of Applicability•rev.12114 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 http://www.mass.gov/eea/agencies/massdeo/about/contacts/) 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. wpaform2.doc•Determination of Applicability•rev.1D14 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b.Cityfrown,Zip c. Check number d. Fee amount Important: When filling 2. Person or party making request(If appropriate. name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do CityrFown State Zip Code not use the return key. Phone Number Fax Number(if applicable) I" 3 Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address Cityfrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2Aoc•Request far Departmental Action Fee Transmittal Form•rev.12114 Page 1 of 2 L1Massachusetts Department of Environmental Protection / Bureau of Resource Protection - Wetlands DEP File Number: 1 Request for Departmental Action Fee Transmittal Form Provided by DEP 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/massdep/abouttcontacts/). 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. wpaform2.doc-Request for Departmental Action Fee Transmittal Form•rev.12/14 Page 2 of 2 Massachusetts Department of Environmental Protection --- Bureau of Resource Protection - Wetlands A�(1 WPA Form 1 - Request for Determination of Applicability Cily(rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the �,tc computer, use � �_I V VI only the tab key Name E-Mail Ad ress to move your �-I I n C I� K SA— cursor-do not �Malili^ng Address use the return (�yt '�y�j rn key. C' State Zip Code VQ Phone Number Fax Number(if applicable) 2. Representative (if any): Firmt Contact Name E-Mail Address Mailing Address CityrTown State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the Sa� 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. `J' 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: _S'o�_ --- Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpatorml doc Page 1 of 4 Massachusetts Department of Environmental Protection �- Bureau of Resource Protection - Wetlands S31 D' 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): �111CCn^..AA � s �1nC Street AddrEss-��� / / CitylT t n Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): KION ZI_I_L1G 0jp G� 0112(`r c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): 11 �ngJ wpafor l.doc Page 2 of 4 Massachusetts Department of Environmental Protection �� - `r 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 Act or 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 Ly 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.) w armmtdoc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands S5�ml WPA Form 1 - Request for Determination of Applicability City/Town 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: 1t-4061 qaC. Name 4 U C 1C12K S� Mailing Address ! n lZCA m City(fown -- (�-� State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(h)(1)of the Wetlands Protection Act regulations. �7 IL l� CT .-._ ignature of Applicant Date Signature of Representative(if any) Date wpafoml.doc Page 4 of 4 120.ar y O cv P � LOT 1644 Q N � mer' 7� t5C yam:�d•'n9 �° 2 e � 6-d DEC N0.46 �� - 2 STORY wti l I Luw✓� C q ^ eL e e Q p S �F4 46 Clark Street Photo Log Photos by Tom Devine on 9/7/2016 i�. iw r Y}� m ry i. . e u : a a ik` f.a duk r e T. {fit u f i�j; DEP Wetlands and 100' buffer zone � ll'42YOUVER MassGlSs Online Mapping Toa! , 4LIVER U atesP3ease usn(he red pLlshpin Instead of Ute `+Gareh for#oration asvinclo ice"` ��a - On ��r�- z ,, y4ata Layers r a' , l:.t�y+l w, �tl ti :t t.11 _ "_n ,.ttiT'i:"°'•,m �Fa4an y an tr;, a.wm kart P iH^brca sin v ' t 'm4ssCEPPds,Ay REsaatte Wap 5 Ma9sDEP afar Supaj FtOiCCtq(i Map `c� uk .d.lttas oEan.iLira arsi lvetUndenmge: DEP'N Ncs .P ESC EPM.et,.ds Ctame . . � � ,y}�Prnrk7 WsteeN `e4 tsxx t,cmrtmna,as M L tar DLLE t . MM 3 tIIMq&IMMIUMPato 0woggo- qW.r '- nom. Check AREUMTi'a. aA a RFarx DEEPPtN4.N EtianCs marcs W;DEP wttlmcs To.Parc els tx 3atry DEP rl�,,{andsAres ,✓SHORELINE HYDROLOGIC CONNECTION +' MEAN WATERLINE APPARENT WETLAND LIMtT r'm CLOSURE LINE OF INTERPRETED AREA :+i.tr;.rflm etb.04,P.3m 'DFP:v?tland5 us. _ r.":•c First-Class Mail ( II I I III �~,`. fl II I I I Permi9No.G 10 Paid 9590 940216U b053 4627 59 I United States •Sender:Pleaseprint your name,address,and Z113+40 in this box- Postal Service Salem Conservation Commission 120 Washington Street, 3rd Fl I Salem, MA 01970 i 1't 1 "�4" '4111111Jil11 Pill ,l,�l�lilul) 11il�ill�lu SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERV ■ Complete items 1,2,and 3. 'gnature ■ Print your name and address on the reverseX 0 Agent so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, eceive rioted Name) to 09" ry or on the front if space permits. 1. Article Addressed to: ' „ D. Is delivery addria If YM enter delivery address below: [3No II I IIIIII IIII III I II II II II IIIII III I I IIIIII III 13 Adult Signatum El Registered Met 3. Service Type Priority Mail'apress® 3Restricted Delivery ° ristetad Mall Restricted ve D 9590 9402 1660 6053 4627 59 D Certified Mail Restriated Delivers' ❑Rehire Receipt for D Collect on Delivery Merchandise '�---�-•*-..., ...visr ra6efl _ _ °Collect on Delivery ResMcted Delivery 11 Signature Confirmatl4n?TM `y7012 1640 0002 3313 3462 i Ell cared Mail Restricted Delivery Mall °Signature CoMmla lRn Rigature Dellvana over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt J THE SALEM NEWS REQUEST FOR LEGAL NOTICE I understand that by signing this form, I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper. Please make checks payable to THE SALEM NEWS: The Salem News Attn: Legal Notice 32 Dunham Road Beverly, MA 01915 Prepaid cost required to run: $260 'Important:Average legal notice costs are estimated; customer will either be refunded or billed after the legal notice is published. Check# (attach check) If payment is not received,the legal notice will be cancelled. i. '•^'>i.,� s 4m , �s a rr +t" IOVANI YOC x' E �% 3ss p, f `a ' ti 4Y h LETICIATOMAS SbiJ/7,040. "26768 55 COLLINS ST APT,3 r LYNN MA 019022254 979305- M2�,�, P "� �r '�, � �/ / Ru to i�"•sr-r •. Pay To The, N �eE I "N2..L�S 'a a ,a,: : ' . ( vl.o© .. uroer UTi pp BankofAmenea D046.60,? 54' 2' '6��' 0 0 L L000 L 38�. City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE W BOARD STAFF d CLIENT: Nob PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # o� AMOUNT RECEIVED: y^t R f ikf tv > {dry 777777 4- LIAVnMs a" r 4 r 5113j10 Y Ge :�. e/Q/PH7 ed1�361'Va�`+o'/1 Gol�/MiSSerO � ,� r�{�Jt '�� Order Of„ _ '4 sw.w;a�»•�. � ', � BankOtAmen, n= r Hra �:0 L 1000 i 3$�: ©04660754 2" _+i'0 i09 P S �u _ c a� 2 �•:��''� t-x� First-Class Mail � USPS9e&Fees Paid VIII III III: I III II I I Permit No.G-10 9593 Q2 1663 6353 4638 48 a Unite les Sender.Please print your name,address,and ZIP+4®in this box- POS ervic� „ — - ' Salem ConsCIV ervation Comm>ss�n1 Is� 120 Washington Street;y3rd FI �o Salem, MA 019702 20?0 I 76 oFP 0��i.,.roF,..� � `fVT 9 ! ECTION COMPLETE THIS SECTION ON DELIVERV ■ Complete items 1,'2,'and 3.SENDER: COMPLETE THIS , A. Signature ■ Print your name and address on the reverse X / ! 0 Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received by rioted Name) C. Dide o&Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 0 Yes If YES,enter delivery address below; ❑No 3. Service Type ❑Riodty,Mall Evristered ess® IIIIII II I'll 'III IIII'I VIII IIIIiI II III ❑Adult SIgnatum El gedgnatum Restricted Delivery ❑Rgeglatmed Mall Restricted WIND 9590 9402 1660 6053 4638 48 0 certified Mall Restricted Delivery 0 Return Merchandiseptfor 0 collect on Delivery 2. Article Number(transfer from service label) 0 Collect on Deevery Restricted Delivery 0 Signature Con innatlonn4 l 0 insured Mall 0 signature Confirmation I'7 012 1640 0002 3 313 3 5 _16 0 InsuredOV5 Oall Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-8053 Domestic Return Receipt Ela, � 1 Ngti til f"ey 1 4 l of a H M f r r4a a " St p 1 �� t 1r k'•na��' 4 _ � fes' Iow N ��VMa` l� ° 1 f/'(N^` ui�iM ^ r7 Y^ k L �'1. ♦ .r. LI '• +•� oar � - .j fid. r � • i � C '`2°��a��)'2r '5 � . � •'R�;t' A f... "^�>��^A'�8�"x ,, 'moi ,,,a '♦ ��.��ti y ii 4 a� y4 k moIrl 46 Sri -ab CITY OF SALEM a CONSERVATION COMMISSION July 15, 2016 lovani Yoe 46 Clark Street Salem, MA 01970 Certified Mail# 7012 1640 0002 3313 3356 Re: Wetlands violation at 46 Clark Street Mr. Yoe: Thank you for attending the July 14,2016 Conservation Commission meeting to discuss the unpennitted work occurring at 46 Clark Street within an area that is subject to the Massachusetts Wetlands Protection Act(M.G.L.ch.131§40) and Salem's Wetlands Protection and Conservation Ordinance (ch. 50). The Massachusetts Wetlands Protection Act, its associated regulations, and Salem's Wetlands Protection and Conservation Ordinance state that wetlands and their 100-foot buffer zone may not be altered, dredged, filled, or removed without a valid permit from the local Conservation Commission. Any violation of the Act or the Ordinance may result in enforcement action including up to a$200 fine per day, per violation. Furthermore,the responsible party may be required to restore any unlawfully altered protected areas. In order to resolve this violation, Conservation Conn nission requires the following actions: 1. Immediately cease all work within the 100' wetlands buffer zone, except for that specified below. 2. No later than July 21,2016, install either install sod to stabilize the work area or install adequate erosion controls between the work area and wetlands. 3. No later than August 25, 2016, submit a complete Request for Determination of Applicability for the unpemvtted work. Please find the enclosed checklist for filing a Request for Determination. The Conservation Commission reserves the right to initiate further enforcement action in the event that you fail to complete these actions by the deadlines stated above,fail to promptlyprovide information U requested by the Commission during review of a Request for Determination of Applicability, or fail to obtain an Determination of Applicability in a timely manner. The Conservation Commission appreciates your cooperation on this matter. Please call me at 978-619- 5685 if you need assistance in preparing your Request for Determination. Sine o i evme i Conservation Agent r CC: DEP Northeast Regional Office Elizabeth Rennard,City Solicitor i F' Page I of I a eONnIT� 9G CITY OF SALEM CONSERVATION COMMISSION SITE /VISIT FORM PROJECT LOCATION: �W f� �" DATE OF SITE VISIT: PROJECT PROPONENT: / EP FILE NU BER: PROPOSED WORK: k �� i t „/ p Commission Members/Agent Abutters: Applicant/Property Owner/Representative: -,—n»,w n!i s �_ ,-i;§ _ ""�N giH4N9 g-�- '+�'�Ii�IIj1`S. "R !I SITE.HISIT PURPOSEe , ted a.., ..._._.,.,.. .6, . ..,✓;�: 15` v...,,sn,.wx6u,�B.Ia,Hktm -....a axe SITE VISIT DOCUMENTATION':, mai# ii! ii' =F ;E9=I=,_ m. ;p 0 Photos ❑ Site Map ❑Other: A oi' _ itnifl i.YXflINN eS, k I ; LOBSERVATT4NS �.w„ MrdGl`!i3'ht�as :MRE § ;:;; I MOP, Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent la d uses. u _ ,11� ECOM I r l 14 G XILiiron 47 I:3 p RC1 36 � _.< irrP.mMl TFPubI Lolbrery i..: SCM1ooI Sufldpngs 3S 0 g ( REED PM a. W 0... - CLAR K Sooner, r MAMshasy IM ,US HgMrey .;Nub eRutes Abutting T Labels An9Tmm. 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