12 CLEVELAND STREET - CONSERVATION COMMISSION Q�� 12 G\¢ve,1�s..�l 5
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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
w 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 Patrick Chasse Same
return key. Name Name
12 Cleveland Street
°6 Mailing Address Mailing Address
Salem MA 01970
City(fown State Zip Code City/Town State Zip Code
1. Title and Date of Final Plans and Other Documents:
Subdivision Plan of land, Salem, Mass, prepared by Eastern Land June 15, 2001
Survey Associates Final Date(or Revised Date if applicable)
Title
2. Date Request Filed:
June 19, 2001
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):
Proposed Single Family Dwelling on Subdivided Lot.
Project Location:
12 Cleveland Street Salem
Street Address CityrFown
Map 23 Parcel 10
Assessors Map/Plat Number Parcel/Lot Number
WPA Farm 2
Page 1 or 5
Rev.07J00
4
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.02/00
QMassachusetts 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).
See Attached Conditions.
❑ 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 fling of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wPA Fon 2 Page 3 of 5
Rev.02100
Massachusetts Department of Environmental Protection
1 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(ske 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
`& 2cA
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).
Signatu s:
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Date
aaaa o or e
NRA Fwm2
Ray.OPIoO
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 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.02/00
Salem Conservation Commission
SPECIAL CONDITIONS—Determination of Applicability
12 Cleveland Street, Salem,MA
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act, and 310 CMR 10.00,and may
require any information,measurements,photographs, observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131,Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or
successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
5. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
6. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
7. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
8. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
9. All work shall be performed in accordance with this Determination and approved site plans(s). No alteration of
wetland resource areas or associated buffer zone, other than that approved in this Order,shall occur on this
property without prior approval from the Commission.
10. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act, or any changes in activity subject to regulations under G.L.Ch. 131, Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
PRIOR TO CONSTRUCTION
11. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision;the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
12. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
13. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
14. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
15. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
16. There shall be 20 hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
17. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
18. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
19. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
20. The areas of construction shall remain in a stable condition at the close of each construction day..
21. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
22. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
23. A copy of the Order of Conditions, construction plans,and copies of the documents and reports,shall be on the
site upon commencement and during any site work for contractors to view and adhere to.
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. Only clean fill, free of masonry,stumps,asphalt, and any other kind of waste material shall be used on the site.
26. All waste products,grubbed stumps,slash,construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
27. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
28. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
29. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
30. There shall be no pumping of water from wetland resource areas.
31. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
32. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
33. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L. Chapter 21A, section 16.
POST CONSTRUCTION
34. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed, and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
35. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs; at which time the applicant shall fust request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
36. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
ADDITIONAL CONDITIONS
37. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator
38. Stocking of excavate material shall be stored outside the Buffer Zone with a half circle of staked haybales along
the side facing the resource area.
39. Contaminated excavates shall be properly removed and disposed of and the applicant shall notify the
Commission and the Building Inspector.
U.S. Post al S ery ice
CERTIFIED MAIL RECEIPT
(Domestic Mail Only,No Insurance Coverage Provided)
`fl Postage $
S
Certified Fee
Postmark
Return Receipt Fee Here
Q (Endorsement Required)
O Restricted Delivery Fee
O (Endorsement Required)
O Total Postage&Fees
O
S a (Plea Print Cl mv(to bep¢mple 4f mailer)
p— t,Apt No. or PO Box NoOr .
S--------------------ifs ,�-c��----�h.xR+--------------
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Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A signature upon delivery
■ 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 M1ail.
■ 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 may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete an tl 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 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 agent.Advise the clerk or mark the mailpiece with the
endorsement"Restricted Delivery".
■ 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 Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT:Save this receipt and present it when making an inquiry. I
PS Form 3800,July 1999(Reverse) 102595-99-M-2087 1
Postal
CERTIFIED MAIL RECEIPT
(Domestic Mail Only, No Insurance Coverage Provided)
� «
Postage $
cE3 Certified Fee
S
Postmark
Return Receipt Fee Here
O (Endorsement Required)
O Restricted Delivery Fee
p (Endorsement Required)
I �
Total Postage&Fees
7 Name(Please Print Clearly)(to be completed by mailer)
m
p— St(1eer,Apt.No.;or PPO Brox No...Q_________________________________________..............
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0 __............................................_.__._.._._.___________________----------
Clry,Stare,ZIPW
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Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years 40
Important Reminders:
■ Certified Mail may ONLY be combined with First-Class Mail or Priority Vail.
■ 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 may be requested to provide proof of
delivery.To obtain Return 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 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 agent.Advise the clerk or mark the mailpiece with the
endorsement"Restricted Delivery'.
■ 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 Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT:Save this receipt and present it when making an inquiry.
PS Form 3800,July 1999(Reverse) 102595-99-M-2087
!0.
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
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 Patrick Chasse Same
return key. Name Name
12 Cleveland Street
°5 Mailing Address Mailing Address
Salem MA 01970
Citylrown State Zip Code City(fown State Zip Code
1. Title and Date of Final Plans and Other Documents:
Subdivision Plan of land, Salem, Mass, prepared by Eastern Land June 15, 2001
Survey Associates Final Date(or Revised Date if applicable)
Title
2. Date Request Filed:
June 19, 2001
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):
Proposed Single Family Dwelling on Subdivided Lot.
Project Location:
12 Cleveland Street Salem
Street Address City/Town
Map 23 Parcel 10
Assessors Map/Plat Number Parcel/Lot Number
V&A Form 2 Page 1 of 5
Rev.02100
L
R
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.02100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
Q Y 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).
See Attached Conditions.
❑ 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
`g 24'.Q
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).
Signatu s: -
K" �t 2ao
Date
NRA
Page 4 of 5 Rev.021001JW
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
�Ye
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 co of the request shall at the same time be sent b certified mail
PY q Y
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.
VJPA Fon 2 Page 5 of 5
Rev.02/00
Salem Conservation Commission
SPECIAL CONDITIONS—Determination of Applicability
12 Cleveland Street, Salem,MA
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or
successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
5. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
6. If there are conflicting conditions within this Order,the stricter condition(s) shall rule.
7. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
8. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
9. All work shall be performed in accordance with this Determination and approved site plans(s). No alteration of
wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this
property without prior approval from the Commission.
10. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act, or any changes in activity subject to regulations under G.L. Ch. 131, Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
t PRIOR TO CONSTRUCTION
11. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision;the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
12. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
13. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
14. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
15. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
16. There shall be 20 hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
17. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
18. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
19. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
20. The areas of construction shall remain in a stable condition at the close of each construction day..
21. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
22. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
23. A copy of the Order of Conditions,construction plans,and copies of the documents and reports,shall be on the
site upon commencement and during any site work for contractors to view and adhere to.
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. Only clean fill, free of masonry,stumps,asphalt, and any other kind of waste material shall be used on the site.
26. All waste products,grubbed stumps, slash,construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
27. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
28. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
29. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
30. There shall be no pumping of water from wetland resource areas.
31. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
32. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
33. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L. Chapter 21A, section 16.
POST CONSTRUCTION
34. All disturbed areas, slopes and proposed landscape areas shall be learned and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
35. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs;at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
36. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
ADDITIONAL CONDITIONS
37. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator
38. Stocking of excavate material shall be stored outside the Buffer Zone with a half circle of staked haybales along
the side facing the resource area.
39. Contaminated excavates shall be properly removed and disposed of and the applicant shall notify the
Commission and the Building Inspector.
Massachusetts Department of Environmental Protection
B,reau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
�V 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 Patrick Chasse Same
return key. Name Name
12 Cleveland Street
ie1 Mailing Address Mailing Address
Salem MA 01970
Citylrown State Zip Code City/Town State Zip Code
1. Title and Date of Final Plans and Other Documents:
Subdivision Plan of land, Salem, Mass, prepared by Eastern Land June 15, 2001
Survey Associates Final Date(or Revised Date if applicable)
Title
2. Date Request Filed:
June 19, 2001
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):
Proposed Single Family Dwelling on Subdivided Lot.
Project Location:
12 Cleveland Street Salem
Street Address City/Town
Map 23 Parcel 10
Assessors Map/Plat Number Parcel/Lot Number
WPA Form 2 Page 1 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.)
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 Fen 2 Page 2 of
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.)
❑ 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 Y required b theapplicant. However, if the
q
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).
See Attached Conditions.
❑ 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.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 slatuatory/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).
Signatu s:
GGA
�.A 17 200
Date
WPA Forth 2 Page 4 of 5
Rev.02100
Massachusetts Department of Environmental Protection
J Bureau of Resource Protection -Wetlands
Y WPA Form 2 — Determination of Applicability
a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
h
D. Appeals
The applicant, owner, ahy 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 Form 2 Page 5 of 5
Rev.02100
R
Salem Conservation Commission
SPECIAL CONDITIONS—Determination of Applicability
12 Cleveland Street, Salem,MA
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs, observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply, and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or
successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
5. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
6. If there are conflicting conditions within this Order, the stricter condition(s)shall rule.
7. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
8. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
9. All work shall be performed in accordance with this Determination and approved site plans(s). No alteration of
wetland resource areas or associated buffer zone, other than that approved in this Order,shall occur on this
property without prior approval from the Commission.
10. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131,Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
PRIOR TO CONSTRUCTION
11. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision;the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
12. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
13. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
14. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
15. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
16. There shall be 20 hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
17. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
18. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
19. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
20. The areas of construction shall remain in a stable condition at the close of each construction day..
21. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
22. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
23. A copy of the Order of Conditions,construction plans,and copies of the documents and reports, shall be on the
site upon commencement and during any site work for contractors to view and adhere to.
i
a
f
1
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. Only clean fill, free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site.
26. All waste products,grubbed stumps,slash,construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
27. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
28. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
29. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
30. There shall be no pumping of water from wetland resource areas.
31. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
32. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
33. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L.Chapter 21A,section 16.
POST CONSTRUCTION
34. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed,and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
35. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs; at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
36. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
ADDITIONAL CONDITIONS
37. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator
38. Stocking of excavate material shall be stored outside the Buffer Zone with a half circle of staked haybales along
the side facing the resource area.
39. Contaminated excavates shall be properly removed and disposed of and the applicant shall notify the
Commission and the Building Inspector.
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 Patrick Chasse, 12 Cleveland Street, Salem,
MA. The purpose of the hearing is for a determination to the construction of a single-family
home at 12 Cleveland Street. This hearing will be held on Thursday, June 28, 2001 at 7:00
p.m. in the third floor conference room at 120 Washington Street.
Debra A. Hurlburt
Chairperson
June 21, 2001
Please send bill to:
Patrick Chasse
12 Cleveland Street
Salem, MA 01970
978-741-8957
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Massachusetts Department of Environmental Protection SA Lle
Bureau of Resource Protection - Wetland _ -t F, -[\/F
City/Town
WPA Form 1 - Request for Detefirnih---- nQf Applicability
Massachusetts Wetlands Protection Aqt--*G.,Ir. c. 13.1, §4
u,p
44
L'I .lalf I n �� 81
A. General Information SALEM
Important: PL VNINGI DEPT.
When filling out 1. Applicant:
forms on the PAZ 'Q* C lC C.l ASS
Computer, use Name E-Mail Address(if applicable)
only the tab key ( a C ke vG 4.� S t v1 e2 }
to move your
cursor-do not Mail in Address
use the return \errs t^1 A O t q V
key. Cityrown State Zip Code
9-1rS- I \i I- �� 5 '1
+� Phone Number Fax Number(if applicable)
2. Representative (if any):
kAw 0-4)Ce o S-�ej?L-e�J P
Firm
S-Fe#��e. j 1.o-jelTr �'sa
Contact Name E-Mail Address(rf applicable)
Il{ S+onj 5-l-reek
Mailing Address
SA few rvt A
Cityrrown State Zip Code
Ci-113- q1 )2- 14S- (7s73
Phone Number Fax Number(if applicable)
B. Determinations
1. 1 request the SAJe. (e�S. C s make the following determination(s). Check any that apply:
Conservation Commission
19L 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:
SAke „„
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
VVPA Fo0nt Page 1 of 4
l
Rev.02100
Massachusetts Department of Environmental Protection S-Akem
Bureau of Resource Protection -Wetlands City/rown
WPA Form 1 - Request for Determination of Applicability
g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. i
Project Location (use maps and plans to identify the location of the area subject to this request):
I r� CVeue- /Y w h S�AeeSAleN, 6 ✓h A
Street Address Citylrown
A)A? a3 "ty"r I lU
Assessors Map/Plat Number ParoeVLot Number
b. Area Description (use additional paper, if necessary):
S¢e R !{Aci ed �I 9
c. Plan and/or Map Reference(s):
Title Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
P2o�o5er� w4 lP O�,e 11 4 nvu
S�)Y.' D• U` rip n IC34
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).
fw'+ w.hL� ttitv,�S
2T' CC'F hyJ +k'C izeS vn..cC .4 nP fF
Page 2 of 4
WPA Formt
Rev.021M
Massachusetts Department of Environmental Protection �� ieW-)
Bureau of Resource Protection - Wetlands cityffo 1R
WPA Form 1 - Request for Determination of Applicability
xR.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
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.)
WPA Parml Page 3 of 4
Rev.02100
r \ Massachusetts Department of Environmental Protection J � ,ery"
r , A Bureau of Resource Protection - Wetlands City/Town
WPA Form 1 - Request for Determination of Applicability
;$ g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
w ,
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:
PAkn- c lC_ cKpssr_
Name
l2- C�e�e � pin Sk
Mailing Address
5A err
Cityrrown 0 l-Q" 0
b
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.
(�A� 611,7- < f
Signature olicent Date
ttgrrature&Representative(if any) T Date
WPA Forml Page 4 0/4
Rev.02100
UNITED STATES POSTAL SERVIC ^'^u,••--_=•FifSt•Cless•Meil—
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® SENDER: I also wish to receive the
V •(;ompete Rema 1 anNor 2 for additional services.
m .Compete hems 3,4a,and ab. following services(for an
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Print your name and address on the nr a of this form so that we can return this extra fee):
card to you. 8
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.Attach this form to the from of the mellplece,or on the bads If space does not 1, ❑ Addressee's Address
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at aWdte Retum Receipt RequesW on the mailpiece below the article number. 2. ❑ Restricted Delivery N
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UNITED STATES POSTAL SERVICE ,� �-i \ ms's" —mZ, F.iist•Cless-Mail,
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o •Write'Retum Receipt RequedeeM the mailplece below the adide number. 2. ❑ Restricted Delivery
•The Retum Receipt will show to whom the article was delivered and the date
c delivered. Consult postmaster for fee. 5
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3.Article Addressed to: 4a.Article Number
�(` \ 4b.Service Type 3
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5.Received By:(Pdnt Name) 9 Addressee's Address(Offly If requested
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PS Form 3811, December 1994 102595-97-9-0179 Domestic Return Receipt
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ZONING DISTRICT
a I a �i r� RESIDENCE R 1 ASSESSORS MAP 23 PARCEL 10 o
Sn,Q,Yr I
Locujr m
CLEvc�,,,up {,•
\ ITEM REQUIRED LOT A LOT 8 DEED REFERENCE: BOOK 10085 PAGE 131
c
'� LOT AREA 15,000 SF. 5025± SF. # 8226± SF. PLAN REFERENCE. RECORD BOOK 1276 PLAN 600
�d �� \ l LOT WIDTH 100 FT. 67 FT. # 104.39 FT.
FRONT YARD 15 FT. 39± FT. 15+ FT.
4� �,► �� ab SIDE YARD 10 FT. 10± FT. 10+ FT.
REAR YARD 30 FT. 1± FT. 28± FT.
4`f ° LOT COVERAGE 30 % 26± % 23± %
J �
LOCUS MAP
# DENOTES VARIANCE REQUESTED
ZONING
APPROVAL UNDER THE SUBST VISION
DISTRICT o CONTROL LAW NOT REQUIRED
N
co
a
SALEM PLANNING BOARD
Rl DISTRICT N/F N11F
49ELINCA7E0 Ss 50"1\1612 RC DIS7tKT FRANCIS A. & RITA M.A. �TARDIFF LAURIER A. & OLIVETTE
ENvItiOVME� A[ 7«N• � -_ THERIAULT
N 84'20'37' E 1
` 115.00' SHED TO 67.00'
P
LOT B I REMOVE - 10±- DA TF
89226+ SF. j 28}' DWELLING Q
C�\ % D 12'
No . 12
LiG a r ; 3t=iw
\ 8 $ o N/F
/ y \
Lf) z IZD
N a i. TEN
PROPOSED 54
ai CLEVELAND
a z DWELLING r z 39• rL. I
REET
z t 24' 10'� ALTY
4D' LOT A RUST
�J z 59025+ SF.15'
IP FND - 104.39' ! 67.00' To / Rod of Jefferson Ave.
S 84'20'37" W
CLEVELAND 40' WIDE STREET
SUBDIVISION
PLAN OF LAND
LOCA TED /N
SALEM , MASS .
PREPARED BY
FOR REGISTRY USE ONLY
EASTERN LAND SURVEY ASSOCIATES
THIS PLAN IS BASED AND HE RESUL IS OFOA FIELD SUR N THE RVEY ADS of THIDEEDS
DA TF. CHRISTOPHER R. MEL L 0, PLS
NO ASCERTIFICATION /S INTENDEDTO PROPERTY TITLE 104 LOWELL ST. PEABODY, MA 09160
OR AS TO HE EXISTENCE OFFUNWRITTEN OR UNRECORDED
EASEMENTS. (978) 531 -8121
SCALE: 1 " = 20' MAY 25, 2001
l HEREBY CERTIFY THIS PLAN CONFORMS �fV, Ti-ti's ;5 20J;
TO THE RULES AND REGULATIONS OF THE
REGISTERS OF DEEDS OF THE COMMON—
WEALTH OF MASSACHUSETTS.
t
0 10 20 40 60 80
v .
w`.
F 8381