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48 CLARK STREET - CONSERVATION COMMISSION Raw -�-�`6 G\c.r V� �J�c_.G�" jd.�^e.S LOv�r�C..� i 4 '\ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability g 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 James E. Connick Same return key. Name Name 324 Den Quarry Road 1m1 Mailing Address Mailing Address Lynn MA 01904FinA Cod City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Attachement 2-Site Plan Drawing Request for Determination of NA Applicability filing Final Date(or Revised Date K applicable) Title 2. Date Request Filed: May 28, 2003 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): A determination of whether the property at 48 Clark Street is subject to the jurisdiction of the Wetlands Protection Act. Project Location: 48 Clark Street Salem Street Address City/Town Map 7 Lot 1 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02100 9 t 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) 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. ❑ 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 WPA Form 2 Page 2 of 5 Rev.12100 <� 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. NPA Form 2 Page 3 of 5 Rev.02100 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 ordinance or bylaw. Name - Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ 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 Appendix A) and the property owner(if different from the applicant). �❑ ignatures: 1 7/z/ �l\V�jZ. � l ZLIA Date WPA Form 2 Page 4 of 5 Rev.02f00 I ,t Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands u WPA Form 2 — Determination of Applicability 4 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 Appendix A)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 Appendix E: 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. Page 5 of 5 WPA Form 2 Rev.02100 U.S. Postal Service,M s CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance-Coverage Provided) For delivery information visit our website at www.usps.como ru OF ICIAL USE Postage $ ru M certified Fee M Postmark M Return Rectelyt Fee (Endorsement Required) Hem rq (Restricted Delivery Fee IT, Endomernent Required) ru PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: aaet-w-ao-assz0t ■ A mailing receipt Iesien9N)a00a sunr'Does uuod ad • A unique Identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail, ■ Certified Mail Is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee a Return Receipt mar be requested to rovide proof of delivery.To obtain Relum Receipt service,please complete antl attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece Return Receipt Requested".To receive a fee waiver for a du licate return receipt,a USPS®postmark on your Certified Mail receipt is requ red. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'ResinctedDefivery°. ■ If a postmark on the Certified Mall receipt is desired,Please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent It when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S. Postal Service.. CERTIFIED MAILT. RECEIPT i C3 ru (Domestic Mail Only;No Insurance'Cover4e Provided) For delivery information visit our website at www.usps.com&OFFICIAL - Certified Fee E=I Return Redept Fee (Endorsement Requirect) ..... postw r. PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: zset-w-ao-saeaot ■ A mailing receipt fm�et11 aooa eunr'ooss uuoj sd ■ A unique idenifierfor your mailpiece Is A record of delivery kept by the Postal Service for two years Important Rem/nders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail, ■ Certified Mail is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt m%be requested to rovide proof of delivery.To obtain Return Receipt service,please complete and attach a Realm Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpieceReturn Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized a9ant.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". is If a postmark on the Certified Mail receipt Is desired,please present the arti- cle at the post office for postmarking. if a postmark on the Certihetl Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. sp , Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Y 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 James E. Connick Same return key. Name Name 324 Den Quarry Road rd Mailing Address Mailing Address Lynn MA 01904 Citylrown State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Attachement 2 - Site Plan Drawing Request for Determination of NA Applicability filing Final Date(or Revised Date if applicable) Title 2. Date Request Filed: May 28, 2003 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): A determination of whether the property at 48 Clark Street is subject to the jurisdiction of the Wetlands Protection Act. Project Location: 48 Clark Street Salem Street Address City/Town Map 7 Lot 1 Assessors Map/Plat Number Parcel/Lot Number WPA Form Page l of Rev.02100 -0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands y 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) 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. ❑ 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 WPA Form2 Page 2of5 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands a 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 fling 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. WPA Form 2 Page 3 of 5 Rev.02/00 y 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 ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on `S„„,� \°1 20 t; 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 Appendix A) and the property owner(if different from the applicant). ❑❑ ignatures: 1 i Date WPA Form 2 Page 4 cf 5 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 4 " WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4e 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 Appendix A)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 Appendix E: 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. WPA Forth 2 Page 5 of 5 Rev.02100 1 I I lb 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 °µ 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 James E. Connick Same return key. Name Name 324 Den Quarry Road as Mailing Address - Mailing Address Lynn MA 01904Cod Citylrown State Zip Code Citylrown State Zip Code 1. Title and Date of Final Plans and Other Documents: Attachement 2-Site Plan Drawing Request for Determination of NA Applicability filing Final Date(or Revised Date if applicable) Title 2. Date Request Filed: May 28, 2003 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): A determination of whether the property at 48 Clark Street is subject to the jurisdiction of the Wetlands Protection Act. Project Location: 48 Clark Street Salem Street Address CityfTown Map 7 Lot 1 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02100 f 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 y w 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) 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. ❑ 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 WPA Form 2 Page 2 of 5 Rev.02lnn Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands x' 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. WPA Form 2 Page 3 of 5 Rev.02/00 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 ordinance or bylaw. Name - Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ 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 Appendix A) and the property owner(if different from the applicantignatures 1 i 1n, ,� i Date VJPA Fon 2 Page 4 of 5 Rev.02/00 1 - Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands a j 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 Appendix A)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 Appendix E: 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 isnot 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. WPA Form 2 Page 5 d 5 Rev.02100 EASTERN BANK O GULF OF MAINE RESEARCH CENTER, INC. LYNN, MA 01901-1380 204 LaFAYETTE STREET 53-179/113 SALEM, MA 01970 (978)745-6618 - o SPAY '. Twenty-Flve and No/100 DOIIars ATE �' . AMOUNT 5129/03 $25.00 TO THE ORDER. Ciof Sale ty m + "' OF. ' P.O.Box2038 Salem, MA 01970 ' AUiHOflREO SIGNATURE �I Memo: City of Salem u'004 160ii' 1:0 1130 17982: 09 2 240 4�i' ION CO Conservation Commi%ion Salem, Massachusetts 01970 ASSACS JS� City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of the James E. Connick, 324 Den Quarry Road, Lynn, MA. The purpose of the hearing is for a determination of whether the property at 48 Clark Street is subject to the jurisdiction of the Wetlands Protection Act. This hearing will be held on Thursday, June 12, 2003 at 6:00 p.m. in Room 313, third floor at 120 Washington Street, Kevin Cornacchio Chairman June 5, 2003 Please send bill to: James Connick 324 Den Quarry Road Lynn, MA 01904 781-593-1331 UNITED STATES POSTAL SERVICE First-Class Mail 14:d P,ggtage&•Fee,s Pai Sender: Please printyoui-na " _ • " ' rr✓e, dress an�,�P+4 rre�tfiis br?x' I Salem Conservation Commission 120 S*m 001970llin Street,3rdR I I 9su�se:R of �''iittaanY:l::i:::.it:±:::;,::i: la:;:;ir:i:�:a:i::::i:�'t SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. "O-Agent ■ Print your name and address on the reverse X Sc3S('p Addressee so that we can return the card to you. � ■ Attach this Card to3,the back of the mailpieCe, B. Received by(Printed Nam)f �C..Date of Delivery or on the front if space permits. ,. `2 , . Is 'va s iff bl' bilow: tem 1?1O Yes1. Article Atltlmssetl to: If YES,enter deli atl r "❑ NoJW�:I � � 2003 ���,, �C- e1� (Jc�laay5 Ar $�� W+� 4TH dlferMEL Express Mail l Cgistee�210gEl Return Receipt for Merchandise &Ogvhn1� (�L�6 ❑ Insuretl Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number \\ (Transfer/rom service labeo 7062- 4�7 OOUZ BC>2–\ $�y� PS Form 3811,August 2001 Domestic Return Receipt 1025eS02M-1540 GULF OF MAINE ' RESEARCH CENTER INC. Request for Determination of Applicability Under the Massachusetts Wetlands Protection Act(M.G.L. c.131, § 40). = For Property at: ' 48 Clark Street Salem, Massachusetts 1 ' Prepared for: James E Connick 1 Prepared by: ' Gulf of Maine Research Center,Inc. 204 Lafayette Street Salem,Massachusetts . ' May 28,2003 ' ENVIRONMENTAL CONSULTING SERVICES ?O 1 GULF OF MAINE RESEARCH CENTER INC. 1 1 i REQUEST FOR DETERMINATION OF APPLICABILITY i 48 Clark Street Salem,Massachusetts iINDEX iWPA FORM 1 iREQUEST FOR DETERMINATION OF APPLICABILITY, pages 14 i ATTACHMENT 1: WETLAND DELINEATION REPORT Wetland Delineation Report,48 Clark Street, Salem,MA. Gulf of Maine Research Center, Inc.,May 27, 2003 i ATTACHMENT 2: SITE PLAN iSite Diagram,48 Clark Street, Salem Prepared by Applicant 1 1 i 1 1 1 1 1 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ' WPA Form 1 - Request for Determination of Applicability city/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' A. General Information Important: ' When filling out 1. Applicant: forms on the James E. Connick computer, use Name E-Mail Address only the to move t yab ourey 324 Den Quarry Road cursor-do not Mailing Address use the return Lynn MA 01904 ' key. CiWTown State Zip Code (781)593-1331 y� Phone Number Fax Number(if applicable) ' 2. Representative(if any): Gulf of Maine Research Center Inc. Firm ' Joseph Orzel gmrcorzel@earthlink.net Contact Name E-Mail Address 204 Lafayette Street Mailing Address ' Salem MA 01970 City/Town State Zip Code (978)745-6618 (978)741-8648 ' 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). 1 ' woarmml.coc•rev.02/00. Pecs 7 ofAl ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ' ( WPA Form 1- Request for Determination of Applicability City/rows 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): 48 Clark Street Salem Street Address City/rown Map 7 Lot 1 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): ' The site is located at the southeast end of Clark Street and consists of approximately 34,384 square feet of undeveloped land The USGS Topographic map shows elevations at the site ranging from approximately 33 meters 0 08 feet) NGVD near the southern end of the property to approximately 39 meters (128 feet) NGVD near the northern end of the property along Clark Street The central area of the site contains a topographical depression containing a federal non-state Isolated Vegetated Wetland (IVWI South of this depression the southern portion of the site slopes down steeply ' toward the back (south) property line and a Bordering Vegetated Wetland (BVW) The USGS map indicates a perennial stream near the site: therefore under the Regulations it is presumed that Riverfront Area is present. However, evidence reviewed indicates the stream is intermittent. (See Attachment 1 for additional information.) ' c. Plan and/or Map Reference(s): Wetland Delineation Reportprepared by GMRC -See Attachment 1. May 27 2003 ' Title Date _Property Drawing prepared by the applicant(to scale) -See Attachment 2. Title Date ' Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): ' The applicant proposes construction of a single family house, driveway, and associated grading on the lot. All construction and grading activities are proposed to be outside the 100 foot Buffer Zone to ' the BVW and outside the 200 foot Riverfront Area (if present). In addition, no filling of the isolated vegetated wetland is proposed. . 1 ' woefarm7.Eoc•ray.02Po0. Pette 2 oto ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem ' WPA Form 1 - Request for Determination of Applicability Ciryrtown 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.) t ' xvzfomil.da•rev.02/W. Paa 3 of a ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability Ciryrtown 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 (see Appendix A)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: NOTE:Applicant is in the process of purchasing the property from the City of Salem. City of Salem Go John R. Connor Name ' 137 Euclid Avenue Mailing Address Lynn City/rown MA 01904 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)(b)(1)of the Wetlands Protection Act regulations. Sign r of Appli nt Date !�US a 43 Signa ofiRepresentattvb(ifany) Date 1 1 1 ' wcedmmt.d.•reg.am Page 4 d 4 ATTACHMENT I Wetlands Report ' to accompany a Request for Determination of Applicability i ' For Property At: 48 Clark Street Salem, Massachusetts ISI ' Prepared By: Gulf of Maine Research Center, Inc. 204 Lafayette Street Salem, Massachusetts GULF OF MAINE RESEARCH CENTER INC. ' ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET ' SALEM, MA 01970 (978) 745-6618 FAX (978)741-8648 May 27, 2003 Salem Conservation Commission 120 Washington Street Salem, MA 01970 ' RE: Wetland Delineation Report 48 Clark Street, Salem,MA Dear Commission Members: On behalf of the applicant, Gulf of Maine Research Center,Inc. (GMRC)has prepared this wetland delineation report to accompany a Request for Determination of ' Applicability being filed with the Salem Conservation Commission. The applicant is currently in the process of purchasing the property at 48 Clark Street(Assessors Map 7, Lot 1)from the City of Salem. ' On May 16, 2003, GMRC delineated the upper boundaries of wetlands at 48 Clark Street in Salem,MA(the "site"), in accordance with the Massachusetts Wetlands ' Protection Act(M.G.L. c. 131, § 40) and Regulations(3 10 CMR 10.00) and Federal Regulations. The purpose of this report is to describe the Wetland Resource Areas present at the site and the delineation procedure. SITE DESCRIPTION ' The site is located at the southeast end of Clark Street(see Figure 1, Site Locus), and consists of approximately 34,384 square feet of undeveloped land. The portion of the site nearest to Clark Street contains historic fill material that is grown over with mature trees, shrubs, and vines. The remainder of the site is wooded and generally less disturbed; however,trash and other debris are common within the central portion of the ' site. ' Topography and Water Bodies/Waterways The USGS Topographic map(Figure 1) shows elevations at the site ranging from approximately 33 meters(108 feet)NGVD near the southern end of the property to r- • � �, -.� ,}''�� �..'�V`�� �� •� k� .,�,,��,� ,yam �s '+Y�"',�!' k�•5:���'i`#• ,}�� ::iR R�1 _'.t3fi s. r-..cel��u 007, Alt WWI NOVI MWA + l RAF 4 IT ip • Clark Street, Salem, NIA I BASE ♦ : USGS Topographic Ma• Lynn Quad., • i SCALE: 1:25,000 (contour GULF OF MAINE RESEARCH CENTER 1 GULF OF MAINE RESEARCH CENTER INC. 1 approximately 39 meters (128 feet)NGVD near the northern end of the property along Clark Street. The northern portion of the site contains fill material that slopes ' down to original grade in the central portion of the site. The central area of the site contains a topographical depression containing an Isolated Vegetated Wetland (IVW). South of this depression,the southern portion of the site slopes down steeply toward the back(south)property line and a Bordering Vegetated Wetland(BVW). The 1985 USGS Topographic map shows an unnamed stream,tributary to the ' Forest River, located south of the site. On various maps reviewed,this stream is shown flowing into and out of, or through,the BVW located south of the site. On the 1985 USGS map(Figure 1)the stream is shown as perennial both upstream and ' downstream of the BVW. The Soil Survey map(Figure 2) shows the stream as intermittent to a point approximately 400 feet downstream from the site. At the time of the site inspection, surface water was present within the BVW; however, no flow ' within a channel was observed within the BVW in areas directly adjacent to or south of the site. Flow within a channel (i.e., a"stream")was observed beginning approximately 25 to 30 feet southeast of the site; however,the stream appeared to be intermittent,not perennial as indicated on the topographic map. In addition, shallow surface water was observed ponded within the isolated ' topographic depression located in the central portion of the site. On May 16,2003, this ponded area was approximately 20 feet wide by 40 feet long, with a maximum depth of approximately 5 inches. Water stained leaves were present around the perimeter of this ponded area and indicated the approximate maximum extent of ponding that occurs within the depression. The water was very stagnant and contained trash and debris. No indication of aquatic organisms was observed upon a ' brief inspection of this pool. On May 26, 2003,the depression was observed to be dry by the applicant. ' Soils ' As indicated on the NRCS(SCS) Soil Survey Map(Figure 2), soils are mapped as Hollis-Urban Land-Rock outcrop(HuC) at the northern end of the site, and Chatfield- Hollis-Rock outcrop, 15-35%slopes(CrD) at the southern end of the site. Hollis ' soils are shallow, somewhat excessively drained upland soils, and Chatfield soils are moderately deep,well drained upland soils. Areas mapped as Urban Land are altered or obscured by urban works and structures. No hydric (wetland) soils are mapped at or near the site; however,the soil types mapped may contain hydric soil inclusions. As described in the Soil Survey Manual,potential hydric soil inclusions within the mapped soils are Freetown, Swansea, Whitman, and Ridgebury. ' Soils were examined by hand augering at numerous locations along the delineated wetland boundaries to determine if they exhibited hydric soil characteristics. Based ' on field observations, hydric soils are present within the depression located in the central portion of the site and at the south end of the site within the BVW. Soils on the slope between these two areas were consistently observed to be non-hydric, ' upland soils. .......... V 1 OWN FIGURE 2 North SOIL SURVEY MAP SITE: 48 Clark Street, Salem, MA BASE MAP: Soil Survey of Essex County, Southern Part (May 1984), Sheet #14 SCALE: 1:15,840 GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. ' Vegetation ' The National Wetlands Inventory map shows a palustrine deciduous forested wetland south of the site which field inspection determined to be a Bordering Vegetated Wetland. Common trees within this BV W included species such as red ' maple(Acer rubrum,FAC), yellow birch(Betula allegheniensis,FAC), black gum (Nyssa sylvatica,FAC), and green ash(Fraxinus pennsylvanica,FACW). Common shrub and herbaceous species observed included sweet pepperbush(Clethra alnifolia, 1 FAC+), highbush blueberry(Vaccinium corymbosum,FACW-), northern arrow-wood (Viburnum recognitum,FACW-), elderberry (Sambucus canadensis,FACW-), winterberry holly(Ilex verticillata, FACW+), skunk cabbage(Symplocarpus foetidus, ' OBL), and cinnamon fern(Osmunda cinnamomea,FACW). The ponded portion of the isolated depression generally lacked vegetation at the ' time of the site delineation; however,wetland vegetation was present along the edge of this area. Common vegetation observed within the IVW included red maple, highbush blueberry, northern avow-wood, elderberry, and steeple-bush(Spiraea tomentosa,FACW). Common vegetation observed within uplands at the site include trees such as 1 northern red oak(Quercus rubra,FACU-), black cherry (Prunus serotina,FACU), trembling aspen(Populus tremula,FACU), gray birch(Betula populifolia,FAC), and red maple. Shrubs and vines common in the site uplands include common buckthorn ' (Rhamnus cathartica,UPL),Japanese knotweed(Polygonum cuspidatum,FACU-), staghorn sumac (Rhus typhina,UPL), common greenbriar(Smilax rotundifolia,FAC), and Asiatic bittersweet(Celastrus orbiculatus,UPL). Canada mayflower ' (Maianthemum canadense,FAC-) and false-Solomon's-seal (Maianthemum racemosum ssp. racemosum,FACU-)were common herbaceous species observed within uplands at the site. 1 Flood Zones ' The FEMA Flood Insurance Rate Map for the site (Community Panel Number 250102 0005 B,August 5, 1985) is included in Figure 3. Based on this map, the site is within Zone C, which indicates an area of minimal flooding. The closest 100-year flood zone indicated on this map is associated with Thompson's Meadow, and is located approximately 0.7 miles east of the site. Rare Wildlife Habitat and Vernal Pools The map(Lynn Quad.) of Estimated Habitats of Rare Wildlife and Certified Vernal Pools included in the most recent edition(2000-01)of the Massachusetts Natural Heritage Atlas shows no rare wildlife habitats or certified vernal pools at or near the site. The closest such habitat shown on this map is associated with Thompson's Meadow, approximately 0.7 mile east of the site. 1 i 1 ZONE C 1 R. 1 FIGURE 3 North 1 F.E.M.A. FLOOD INSURANCE RATE MAP (FIRM) SITE: 48 Clark Street, Salem, MA ' BASE MAP: FIRM Panel No. 250102 0005 B (August 5, 1985) SCALE: Approximately V = 500' 1 GULF OF MAINE RESEARCH CENTER 1 GULF OF MAINE RESEARCH CENTER INC. ' The Massachusetts Aerial Photo Survey of Potential Vernal Pools, Spring 20011, shows no Potential Vernal Pools mapped at or near the site. Field inspection of the 1 isolated depression indicated that this area does not function as vernal pool habitat since no organisms (vernal pool or otherwise)were observed. In addition,the observation of the area being dry on May 26, 2003 indicates that surface water within ' this area is likely too ephemeral to provide vernal pool habitat. ' WETLAND RESOURCE AREAS In the opinion of GMRC,the only Wetland Resource Area under the jurisdiction of ' the Massachusetts Wetlands Protection Act that is present on the site is Bordering Vegetated Wetland(BVW). In addition, a Federal(non-state)jurisdictional Isolated Vegetated Wetland(IV W) is also present within the central portion of the site. ' Because the current USGS topographic map shows the stream located south of the site as perennial, under the Regulations it is presumed to be perennial and a Riverfront ' Area is therefore presumed to be present on the site. However, based on site inspections and maps reviewed, it is the opinion of GMRC that the portion of the stream located near the site is intermittent(see additional details provided below). Bordering Vegetated Wetlands(3 10 CMR 10.55) Bordering Vegetated Wetlands are defined as "freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands are wet meadows, marshes, swamps and bogs. They are areas where the topography is low ' and flat, and where the soils are annually saturated." The boundary of a Bordering Vegetated Wetland is defined as "...the line within which 50%or more of the vegetational community consists of wetland indicator plants and saturated or ' inundated conditions exist." At the site,the extreme southern portion of the lot is within a BV W. Proposed ' house construction and related grading activities at the site are located greater than 100 feet from the BVW. approximately 115 feet from the BVW at its closest point. Riverfront Area(3 10 CMR 10.58) The Riverfront Area is defined as the area of land between a river's mean annual high water line and a parallel line measured horizontally 200 feet outward(25 feet in certain cities and designated densely developed areas). The Riverfront Area may ' include or overlap other Resource Areas or their Buffer Zones and does not have a Buffer Zone. t Massachusetts Aerial Photo Survey of Potential Vernal Pools, Spring 2001. Natural Heritage& Endangered Species Program,Massachusetts Division of Fisheries&Wildlife. 1 GULF OF MAINE RESEARCH CENTER INC. Under the Regulations,Riverfront Area is presumed to be present along the stream located south of the site because the stream is shown as perennial on the most ' recent USGS topographic map. Field inspection found no stream channel present within the BVW until approximately 25 feet southeast of the site. Therefore,the Riverfront Area would start at this point and extend northeast onto the site to a point approximately 130 feet south of Clark Street along the eastern property line and to a point approximately 155 feet south of Clark Street along the western property line. Proposed construction and associatedrg ading activities are located outside of this ' 200-foot Riverfront Area. The stream located south of the site is quite small, only a couple feet wide along ' the stretch of stream closest to the site. More importantly, the watershed of the stream at that point is only approximately 0.05 square miles. This is smaller by a factor of ten than the 0.50 square mile watershed that the Regulations consider as a minimum size (in a watershed containing 75%or more stratified drift)for demonstrating that a stream is perennial. The Regulations only allow a presumption of perennial flow to be overcome by documented observations of no flow; however, ' the small size of the watershed contributing to this stream is a good indication that the stream is intermittent, not perennial as indicated on the topographic map. Therefore, although presumed to be perennial under the Regulations,based on site ' inspection and watershed size, it is opinion of GMRC that the stream is intermittent and no Riverfront Area is present at the site. Due to the time of year, direct observations of no flow conditions were not possible. 1 Resource Areas Not Present on the Site ' At the site, Inland Bank(3 10 CMR 10.54) is associated with the stream located southeast of the site. However, no streams or other water bodies area present on the site. Under the Regulations, Land Under Water Bodies and Waterways(3 10 CMR ' 10.56)is defined as "the land beneath any creek, river, stream, pond or lake", and the boundary of this Resource Area is "the mean annual low water level". Since there are no water bodies or waterways on the site,this resource area is not present on the site. ' Under the Regulations,Bordering Land Subject to Flooding(3 10 CMR 10.57(2)(a) is not presumed to exist at the site since the area is not within a 100-year ' flood zone on the Flood Insurance Rate Map of the area. No indications of flooding landward of the BV W boundary were observed at the site. Under the Regulations,Isolated Land Subject to Flooding(3 10 CMR 10.57 ' (2)(b) is defined as "an isolated depression or closed basin without an inlet or outlet. It is an area which at least once a year confines standing water to a volume of at least ' '/4 acre-feet and to an average depth of at least six inches." The boundary of Isolated Land Subject to Flooding is the perimeter of the largest observed or recorded volume of water confined in the area. The isolated depression located within the central portion of the site does pond water. However, the maximum extent of ponding that GULF OF MAINE RESEARCH CENTER INC. ' does, or could, occur, as determined from water stained leaves and the elevation of the depression outlet, is well below the '/4 acre-foot threshold. The delineated ' boundary of the IV W closely approximates the maximum potential area of ponding, and is approximately 4,000 square feet(or less) in area. At a surface area of 4,000 square feet, the water would have to average 32.7 inches deep to contain `/4 acre-feet. ' At its maximum extent of ponding,the maximum water depth in this area is apparently only about 12 inches deep. In addition,based on the outlet elevation relative to the depression,the depression does not have the physical capacity to pond ' water to the necessary depth. Therefore,this isolated depression cannot physically contain the required volume and therefore is not Isolated Land Subject to Flooding. 1 Isolated Vegetated Wetland ' Isolated Vegetated Wetlands are wetlands that meet the multi-parameter criteria described in the 1987 Corps of Engineers Wetlands Delineation Manualz, and that do not border on any water body or waterway. The depression located within the central ' portion of the site meets this definition because it exhibits wetland hydrology,hydric soils, and hydrophytic vegetation and there is no surface connection to the downgradient BVW. It is likely that this basin overflows on occasion but this is probably infrequent and/or of a very low water volume since there is no eroded channel on the slope 1 below the basin. In addition, there are no hydric soils present on the slope below the basin outlet so the area is not connected to the downgradient wetland through a BVW "finger". Buffer Zone (310 CMR 10.04) The Buffer Zone is described as "that area of land extending one hundred(100) feet horizontally outward from the boundary of any area specified in 310 CMR 10.02(1)(a)." Therefore, at the site,the Buffer Zone extends 100 feet from the delineated boundary of the BVW. There is no Buffer Zone associated with an Isolated Vegetated Wetland or Riverfront Area. ' WETLAND DELINEATION Vegetation, soils and other evidence of wetland hydrology were examined as described in the 1995 DEP BVW Delineation Handbook3 to determine the upper boundary of the BVW at the site. Areas with a vegetative community comprised of 50% or more dominant wetland indicator species, which also exhibited evidence of hydric soils, were delineated as Bordering Vegetated Wetland. Wetland indicator plants were ' 2 Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1,US Army Engineer Waterways Experiment Station,Vicksburg,Miss. 3 Massachusetts Department of Environmental Protection, March 1995. Delineating Bordering Vegetated ' Wetlands Under the Massachusetts Wetlands Protection Act,A Handbook. 1 GULF OF MAINE RESEARCH CENTER INC. considered those species with an indicator status of FAC,FAC+, FACW-,FACW, FACW+, or OBL, and those species specifically referenced in the Wetlands Protection 1 Act. Characteristics used to identify hydric soils are described in the DEP BVW Delineation Handbook, and in more detail in Field Indicators for Identifying Hydric Soils in New England^. 1 Blue surveyors flagging labeled C-1 through C-5, and C-IA through C-ID, was tied to vegetation at approximately 25-foot intervals along the delineated upper boundary of ' the Bordering Vegetated Wetland at the site. The BVW boundary was readily apparent based on soils and slope; however, facultative vegetation, primarily sweet pepperbush, extended well upgradient of the BVW boundary. ' Blue surveyors flagging labeled D-1 through D-16 was tied to vegetation at approximately 25-foot intervals along the delineated upper boundary of the Isolated ' Vegetated Wetland located in the central portion of the site. The NW delineation was based on the 1987 Federal Manual and included the area of the depression that exhibited wetland hydrology, hydric soils, and hydrophytic vegetation. The delineated boundary was generally closely associated with the upper extent of water stained leaves within the depression. ' If you have any questions or require further information regarding this matter, please contact me or Dr. Hugh F. Mulligan at the letterhead address or phone number. S7;" rely, esJ ' Joseph H. Orzel Senior Wetland Scientist cc: Mr. James E. Connick ' 324 Den Quarry Road Lynn,MA 01904 ' Mr. Ed Connick 7 Ladd Hill Road ' Lynn,MA 01904 4 New England Hydric Soils Technical Committee, 1998,2nd ed. Field Indicators for Identifying Hydric ' Soils in New England. New England Interstate Water Pollution Control Commission. Wilmington,MA. GULF OF MAINE RESEARCH CENTER INC. t APPENDIX A ' BVW DELINEATION FIELD DATA FORMS ' 48 CLARK STREET SALEM, MA 1 1 1 1 1 1 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant James E.Connick Prepared by: Gulf of Maine Research Center,Inc. Project location: 48 Clark Street,Salem,MA DEP File#: Check all that apply: RVegetation alone presumed adequate to delineate BVW boundary:fill out section I only ❑X Vegetation and other indicators of hydrology used to delineate BVW boundary:fill out Sections I and II Method other than dominance test used(attach additional information) NOTE:Plot located downgradient of nag C-3 Section I. Vegetation Observation Plot Number: P•1 (wet) Transect Number: 1 Date of Delineation: 05126/03 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by commoniscientific name or basal area Dominance es or no Cate o T Red maple Acerrubrum 90 % MP= 85.5 89.1% YES FAC R Yellow birch Betula alleghaniensis 10 % MP= 10.5 10.9% NO FAC E E S V Common greenbriar Smilax rotundifolia 10 % MP= 10.5 100.0% YES FAC I N S Yellow birch Betula alleghaniensis 10 % MP= 10.5 50.0% YES FAC A Red maple Acer rubrum 10 % MP= 10.5 50.0% YES FAC P L S Sweet pepperbush Clethra alnifolia 25 % MP= 20.5 69.5% YES FAC+ H Highbush blueberry Vaccinum corymbosum 5 % MP= 3.0 10.2% NO FACW- R Swamp azalea Rhododendron visoosum 5 % MP= 3.0 10.2% NO OBL U Red maple Acer rubrum 5 % MP= 3.0 10.2% NO FAC B G Canada mayflower Matanthemum ranadense 30 % MP= 38.0 73.8% YES FAC- R Skunk cabbage Symplocarpus foetidus 10 % MP= 10.5 20.4% YES 0131- N BLN Cinnamon tern Osmunda annamomea 5 % MP= 3.0 5.8% NO FACW D C 0 V NOTES: *Use an asterisk to mark wetland indicator plants;plant species listed in the Wetlands Protection Act(MGL c.131,s.40);plants in the genus Sphagnum; plants listed as FAC,FAC+,FACW-, FACW,FACW+,or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. vegetation contusion: Number of dominant wetland indicator plants: 6 Number of dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YES Q If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination or Notice of Intent. Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation ❑R Site inundated: standing water within plot area 1. Soil Survey Q Depth to free water in observation hole: less than 6 inches Is there a published soil survey for this site? 0 Q Depth to soil saturation in observation hole: saturated to surface title/date: Essex County,MA,Southern Part; May, 1984 Water marks: map number: 14 Drift lines: soil type(s)mapped: Hollis-Urban Land-Rock Outcrop(HuC) F� Sediment deposits: Chatfield-Hollis-Rock utcrop hydric soil inclusions: Freetown, Swansea,Whitman, Ridgebury Drainage patterns in BVW: not in plot area Oxidized rhizospheres: None observed Are field observations consistent with soil survey? �� Remarks: Upland soils as mapped but site also has hydric soi inclusions Water-stained leaves: within wetland areas. Recorded data(stream,lake,or tidal gauge;aerial photo;other): 2. Soil Description Horizon Depth Matrix Color&Texture Mottle Colors E] Other: Obvious hydric soils Vegetation and Hydrology Conclusion Histosol or Histic Epipedon in wetter areas(depth not verified) yes no Hisfic Epipedon to Mucky A with depleated mabix along upper boundary Number of wetland indicator plants greater than Q El or equal to number of non-wetland indicator plants Wetland hydrology is present Remarks: Hydric Sal Criteria met: YES (SEE BELOW) hydric soil present ❑X 3. Other: (1)Field Indicators for Identifying Hydric Soils in New England,version 2, 1998: Criteria Met= III.C. other indicators of hydrology present QX 17 Conclusion: Is Soil Hydric? yes Q Sample location is in a BVW QX 11 page 2-Site: 48 Clark Street,Salem,MA Plot: P-1 Tiansecf: 1 Submit this form wdh the Request for Determination or Notice of Intent. DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant James E.Connick Prepared by: Gulf of Maine Research Center,Inc. Project location: 48 Clark Street,Salem,MA DEP File#: Check all that apply: Vegetation alone presumed adequate to delineate BVW boundary:fill out section I only nx Vegetation and other indicators of hydrology used to delineate BVW boundary:fill out Sections I and II ❑ Method other than dominance test used(attach additional information) NOTE:Plot located upgradient of flag C-3 Section 1. Vegetation Observation Plot Number: P-2 (upl) Transect Number: 1 Date of Delineation: 05126/03 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Cate o * T Red oak Quercus rubra 20 % MP= 20.5 100.0% YES FACU- R E E S V Common greenbriar Smilaxrotundifolia 25 % MP= 20.5 100.0% YES FAC I N S Common buckthorn Rhamnus cathartica 5 % MP= 3.0 33.3% YES UPL A Red maple Acer rubrum 5 % MP= 3.0 33.3% YES FAC P Black cherry Prunus serotina 5 % MP= 3.0 33.3% YES FACU L S Sweet pepperbush Clethra alnifolia 50 % MP= 38.0 73.8% YES FAC+ H Red maple Acer rubrum 10 % MP= 10.5 20.4% YES FAC R Highbush blueberry Vaccinum corymbosum 5 % MP= 3.0 5.8% NO FACW- U B G Canada mayflower Maianhemum canadense 15 % MP= 10.5 77.8% YES FAG R Sweet pepperbush Clethra alnifolia 2 % MP= 3.0 22.2% YES FAC+ N D C 0 V NOTES: *Use an asterisk to mark wetland indicator plants;plant species listed in the Wetlands Protection Act(MGL c.131,s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-,FACW,FACW+,or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. rs ege ion conc usion: umber of dominant wetland indicator plants: 5 Number of dominant non•wetland indicator plants: 4 the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YES 0 If vegetah'on none is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination or Notice of Intent. Section 11. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation F] Site inundated: no 1. Soil Survey R Depth to free water in observation hole: not observed Is there a published soil survey for this site? ® ❑ Depth to soil saturation in observation hole: 5°-due to recent rainfall lite/date: Essex County,MA,Southern Part; May,1984 n Water marks: no map number: 14 ❑ Drift lines: no soil type(s)mapped: Hollis-Urban Land-Rock Outcrop(HuC) Sediment deposits: no Chatfield-Hollis-Rock Outcrop hydric soil inclusions: Freetown,Swansea,Whitman, Ridgebury Drainage patterns in BVW: none in plot area Oxidized rhizospheres: None observed Are field observations consistent with soil survey? es Remarks: Upland soils as mapped but site also has hydric sol Inclusions Water-stained leaves: no within wetland areas. Recorded data(stream, lake, or tidal gauge;aerial photo;other): 2. Soil Description Horizon Depth Matrix Color&Texture Mottle Colors El Other. 0 0-2' black heroic Vegetation and Hydrology Conclusion A 2S° 10YR211 loam yes no 61 5-10' 10YR 414 fine sandy loam B2 10-18, 10YR 4/4 fine sandy loam 10YR 4f8 10% Number of wetland indicator plants greater than 0 C 18-24*« 25Y 613 fine sandy loam 7.5YR as 20% or equal to number of non-wetland indicator plants Wedand hydrology is present Remarks: Hydric Soil Criteria met: NONE hydric soil present El Q 3. Other: No depleted matrix within 24 inches of sal surface. other indicators of hydrology present Conclusion: Is Soil Hydric? 0 No Sample location is in a BVW 0 page 2-Site: 48 Clark Street Salem,MA Plot., P-2 Transect: 1 Submit this form with the Request for Determination or Notice of Intent. COE Wetland Delineation Data Form ' PROJECT TITLE: 48 Clark Street,Salem,MA TRANSECT: 2 PLOT: P-3(WET) DELINEATOR(S): Joseph H.Orzel DATE: May 16,2003 @ flag D-1 10-12 VEGETATION Stratum and Species Basal Area or Cover Dominance Percent � NWI Percent Cover Mdpoint Ratio Dominance M Status " REE: ' Red maple Acer rubrum 75 63.0 75.0 1 85.0 88.2% x FAC ' Black cherry Prunus serotina 10 10.5 10.0 / 85.0 11.8% FACU SAPLING: None in plot area SHRUB: Northern arrow-wood Viburnum dentatum var.lucidum 10 % 10.5 10.5 1 13.5 77.8% x FACW- " ommongreenbriar Smilax rotundifolla 5 % 3.0 3.0 / 13.5 22.2% x FAC HERBACEOUS: Less than 5%cover in plot (False Solomons-seal and Canada mayflower) HYDROPHYTES NON-HYDROPHYTES 0 1 2 0 0 0 0 ' OBL FACW FAC *OTHER FAG FACU UPL Hydrophytes Subtotal(A): 3 Non-hydrophytes Subtotal(B): 0 ' PERCENT HYDROPHYTES(100A/A+B): 100% HYDROLOGY ' RECORDED DATA Stream,lake or tidal gage Identification: Aerial Photography Identification: Other Identification: NO RECORDED DATA OBSERVATIONS Depth to Free Water. Not recorded ' Depth to Saturation(including capillary fringe): Saturated to surface X Altered Hydrology(explain): No apparent alterations ' FlInundated FxlSaturatedin F!]Water Marks []Drift Lines Osediment Drainage upper 12" Deposits Patterns MX Other(explain): Inundated within plot area but not at soil observation point. within Welland SOIL Sketch Landscape Position of this plot. Indicate relative position of other plot(s)and the wetland Bag if not on plan. ' (TRANSECT (TRANSECT#2) P-3 PA P-1 P-2 BVW UPLAND IVW UPLAND Submission of photo of plot is encouraged. DEPTH HORIZON MATRIX COLOR REDOXIMORPHIC FEATURES COMMENTS: (USDA texture,nodules, (Color,Abundance,Size,Contrast) concretions,masses,pore linings,restrictive ' layers,root distribution,soil water,etc.) 0'-4• 0 Black None Sapdo Saturated ' 4'-8- A 10YR 2/1 None Fine sandy loam Saturated (variable) ' 8'-12' B 2.5Y 5/1 2.5Y 5/3(5-10%) Fine sandy loam Saturated (variable to refusal in many locations) ' HYDRIC SOIL INDICATOR(S): REFERENCE(S): III.D.,page 25. (1)Field Indicators for Identifying Hydric Soils in New England Version 2 1998. III.H.1.,page 41. ' I.,page 15. Indicator#5,page 29. (2)1995 Massachusetts DEP BVW Delineation Handbook. OPTIONAL SOIL DATA: REFERENCES: ' Taxonomic subgroup: Soil drainage class: Depth to active Water table: ' NTCHS hydric soil criterion: CONCLUSIONS YES NO REMARKS: Many locations near edge of IVW with only saturated 0 8 A Hydrophytic vegetation criterion met? FAI over shallow ledge. Some locations within IVW exhibited bright B horizon with Hydric soils criterion met? ❑X heavy mottling. Considered hydric due to depletions in B and depleted matrix Wetland hydrology criterion met? Q within 20 inches of surface. Also frequent ponding for long duration in growing IS THIS DATAPOINT IN A WETLAND? season is likely based on current extent of ponding and date. No undedying soil morphology criteria for frequently ponded soils. PROJECT TITLE: 48 Clark Street,Salem,MA TRANSECT: 2 PLOT: P•3(WET) ' SOIL Sketch Landscape Position of this plot. Indicate relative position of other plots)and the wetland flag if not on plan. (TRANSECT#1) (TRANSECT#2) P-3 Pd P-1 P-2 BVW UPLAND IVW UPLAND ' Submission of photo of plot is encouraged. DEPTH HORIZON MATRIX COLOR REDOXIMORPHIC FEATURES COMMENTS: (USDA texture,nodules, (Color,Abundance,Size,Contrast) concretions,masses,pore linings,restrictive layers,root distribution,soil water,etc.) V-1' 0 Black None Hemic Saturated ' 11-11, A 10YR 211 None Loam Saturated (variable) ' 111-18, B 10YR 4/6 None Fine sandy loam Saturated (variable to refusal) HYDRIC SOIL INDICATOR(S): REFERENCE(S): None (1)Field Indicators for Identitying Hydric Soils in New England Version 2 1998. ' None (2)1995 Massachusetts DEP BVW Delineation Handbook. OPTIONAL SOIL DATA: REFERENCES: Taxonomic subgroup: Soil drainage class: Depth to active Water table: ' NTCHS hydric soil criterion: CONCLUSIONS YES NO REMARKS: Hydrology likely due to recent rainfall. Hydrophytic vegetation criterion met? ❑ ❑X Hydric soils criterion met? El 0 Wetland hydrology criterion met? rx-1 ❑ IS THIS DATAPOINT IN A WETLAND? El ' cerwemanv.,m >nmo ga.x X PROJECT TITLE: 48 Clark Street,Salem,MA TRANSECT: 2 PLOT: P 4(UPL) ' COE Wetland Delineation Data Form PROJECT TITLE: 46 Clark Street,Salem,MA TRANSECT: 2 PLOT: P4(UPL) DELINEATOR(S): Joseph H.Orzel DATE: May 16,2003 @ flag D-11/D-12 ' VEGETATION Stratum and Species Basal Area or Cover Dominance Percent O NWI Percent Cover Mdpoint Ratio Dominance M Status REE: ' Tree of Heaven(7) Allanthus a1dasima 25 20.5 25.0 1 40.0 62.5% x FACU- Black cherry Prunus serodna 15 10.5 15.0 1 40.0 37.5% x FACU ' SAPLING: Red maple Acerrubrum 15 % 10.5 10.5 / 10.5 100.0% x FAC SHRUB: Black cherry Prunus serotina 15 % 10.5 10.5 1 21.0 50.0% x FACU Common greenbriar Smilaxrotundlfolia 10 % 10.5 10.5 1 21.0 50.0% x FAC ' 1 HERBACEOUS: Canada mayflower Malanthemum canadense 75 % 63.0 63.0 1 69.0 91.3% x FAC- False Solomon-seal M.racemosum ssp.racemosum 5 % 3.0 3.0 / 69.0 4.3% FACU- Poison ivy Toxicodendron radicans 2 % 3.0 3.0 1 69.0 4.3% FAC ' HYDROPHYTES NON-HYDROPHYTES 0 0 2 0 1 3 0 ' OBL FACW FAC `OTHER FAG FACU UPL Hydrophytes Subtotal(A): 2 Non-hydrophytes Subtotal (B): 4 ' PERCENT HYDROPHYTES(100A/A+B): 33% HYDROLOGY ' ❑ RECORDED DATA Stream,lake or tidal gage Identification: Aerial Photography Identification: Other Identification: n NO RECORDED DATA OBSERVATIONS Depth to Free Water: Not recorded ' Depth to Saturation(including capillary fringe): Saturated to surface recent rain X Altered Hydrology(explain): No apparent alterations FlInundated Saturated in [:]Water Marks Drift Lines Sediment Drainage upper 12" Deposits Patterns El Other(explain): within Wetland ATTACHMENT 2 Site Plan Drawing ' to accompany a Request for Determination of Applicability ' For Property At: 48 Clark Street Salem, Massachusetts cg 1 C2 C1 i 1 C'1-4 c1B O 0 1 � A 1 i 1 I D4 i 1 � 63 Ds D1 Os \ 1 � � D7 1 1p9/3 5 ed ' V ra lIR1 1 1 d 1 Dr;veWaY s