64-497 - 1A DANIELS STREET COURT - CONSERVATION COMMISSION to vgh ��
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Massachusetts Department of Environmental Protection Provided by MassDEP:
\ Bureau of Resource Protection -Wetlands #64497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
A. General Information
Important: Salem
When filling 1. From: Conservation Commission
out forms
on the 2. This issuance is for a.®Order of Conditions b.❑Amended Order of Conditions
computer, (check one):
use only the
tab key to 3. To: Applicant:
move your
cursor-do Hans Weeden
not use the a.First Name b. Last Name
return key.
c.Organization -
1A Daniels Street Court
d.Mailing Address
Salem MA 01970
e.City/rown f.State g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name
c.Organization
d.Mailing Address _
e.Citylrown f.State g.Zip Code
5. Project Location:
1A Daniels Street Court Salem
a.Street Address b.Cityrrown
MAP
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42N d 31"m 15' s 70W d 53" m 6' s
d.Latitude e.Longitude
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Py . ' CITY OF SALEM
CONSERVATION COMMISSION
SITE VISIT FORM
PROJECT LOCATION: IA Corr+ DATE OF SITE VISIT �� LO) O
PROJECT PROPONENT: OR n C G It e.Jul DEP FILE NUMBER:
PROPOSED WORK: /tpis 17Z4 hPxlS�h9 S'R '�Wz) I �— JQCr,
IN AiTEPiDANCEts s
Commission Members/Agent Abutters:
1
i1
Applicant/Property Owner/Representative:
t
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent
e 't"
❑Certificate of Compliance El Enforcement/Violation ❑Emergency ❑ Informal
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
❑Bank I XLand Subject to Coastal ❑Land Under the Ocean
Storm Flowage
❑Bordering Vegetated Wetland
❑ Designated Port Area ❑Coastal Beach
❑Land Subject to Flooding .
III ❑ Coastal Dune ❑Barrier Beach
ElLand Under Water Bodies or Waterway '
Name: Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
E
'BUFFER.IONe &MittaQtI
❑Water Body ❑ Bordering Vegetated Wetland XBank ❑ Coastal Beach ❑Coastal Dune
tIN'CERES'FS.RR4�EGTED. =`: =` � `;
❑Protection of Water Supply ❑ Protection of Groundwater Supply Flood Control
}Storm Damage Prevention 2fPrevention of Pollution ❑Protection of Fisheries
Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project:If so,why?
Are resource area boundaries delineated correctly? If not,explain.
1
$ �VIS�'t[3QCtJFiFFtTa'FIO1tF.:
❑Photos ❑ Site Map ❑Other:
1-0
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
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CONSERVATION COMMISSION
June 15, 2010
Christian Tosi
Regatta Construction, Inc.
50 Jersey Street
Marblehead, Massachusetts 01945
Re: Order of Conditions—DEP#64-497
IA Daniels Street Court, Salem,Massachusetts
Dear Mr. Tosi:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period, this document and the attached Special Conditions
must be recorded at the Essex County Registry of Deeds (Shetland Park, 45 Congress
Street, Suite 4100, Salem, MA). Once recorded, please return a copy of Page 12 of the
Order, which will indicate to the Commission that the document has been recorded.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
i
VFTao arbor Coordinator
Interim Conservation Agent
Cc: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64497
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
Citylrown
A. General Information
Important: Salem
When filling 1. FfOm: Conservation Commission
out forms
on the 2. This issuance is for
computer, (check one): a. ®Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do Hans Weeden
not use the a. First Name - b.Last Name
return key.
c.Organ¢alon
1A Daniels Street Court
d.Mailing Address
m Salem MA 01970
e.Cilyrrown f.Slate g.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name
c.Organization
d.Matlmg Address
e.City/Town f.State g.Zip Code
5. Project Location:
1A Daniels Street Court Salem
a.Street Address b.Cityrrown
MAP
c.Assessors Map/Plat Number d. ParceVLot Number
Latitude and Longitude, if known: 42N d 31"m 15' s 70W d 53" m 6' s4
d.Latitude e.Longitude
wpsforrn& o• rw r2rz3na
aoye,aiz
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 964-497
WPA Form 5 — Order of Conditions MBssDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
Cit rrom
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Essex County
a.County b.Certificate Number(re registered land)
10028 222
c.Book d.Page
7. Dates: May 17 2010 May 27 2010 May 27 2010
a. Date Notice of Intent Filed b..Date Public Hearing Closed c.Date of Issuance
e. Final Approved Plans and Other Documents(attach additional plan or document references
as needed):
Exhibit A, 13 C
a. Plan Title
Structures North Consulting Engineers John Wathne
b.Prepared By c.Signed and Stamped by
11-7-96 V= 1'
d. Final Revision Data e.Scale
f.Additional Plan or Document Title g. Date
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. f. ® Protection of
pp y El Wildlife
g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following condifions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpafam&. - row.12MM
Pegs 2 of 12
ElMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40ie-DEP Transaction#
Salem
' City/town
B. Findings (cont.)
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the
work, or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which Is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.06(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project a. linear feet
disturbance and Bank or Bordering Vegetated Wetland boundary (if
available)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank
a.linear feet b. linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cty dredged f.cty dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet
g.cubic feet h.cubic feet
e. El Isolated Land
Subject to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
wPaform& - rev.12123M
Pape 3 0l 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-497
WPA Form 5 — Order of Conditions MassDEP File#
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction#
Salem
Cityfrown
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
9. ❑ RlVerfrOnt Area a.total sq.feet b.total sq.feet
Sq ft within 100 it c.square feet d. ware feet
sq e.square feet f.square feet
Sq It between 100-
200 ft g.square feet h.square feet i.squarefeet
J.square feel
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port
Areas Indicate size under Land Under the Ocean, below
it. ❑ Land Under the
Ocean a.square feet b.squarefeet
c.dy dredged d.didredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet bsquare feet c.nourishment d. nourishment
cu yd cu yd
14. ❑ Coastal Dunes a.square feet b.square feet c.nourishment d. nourishment
15. El Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
n. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
.Ponds a.square feet b.square feet
c.Uy dredged d.dy dredged
ts. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.dy dredged b.cly dredged
21. ® Land Subject to 75 75
Coastal Storm a.square feet bsquare feet
Flowage
xpelam5.dat• rev.,7rz3009
Page 4 0l 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64-497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
B. Findings (cont.)
22. ❑ Restoration/Enhancement:
a.square feet of Bvvv b.square feet of sad marsh
23. ❑ Stream Crossing(s):
a. number of new stream crossings b.number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b, the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have
been completed.
»parorms.dw• .e..12r23M
Page 5 of 12
ElMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64.497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
y' also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number#64-497 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance(WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition#12 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
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Page 6 0l 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #6ssDE
WPA Form 5 — Order of Conditions MaaDEP FJe# "
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall Sediments be
deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated
sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which
reserves the right to require additional erosion and/or damage prevention controls it may
deem necessary. Sedimentation barriers shall serve as the limit of work unless another
limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project") is 111® is not(z)❑subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards,then the project Is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs)shall remain in place until the site is fully stabilized.
b) No stormwater runoff maybe discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans)approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
wpelurm5.dcc• rev.17!1309
Pape 7 W 12
ElMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64497
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP—Transaction#
Salem
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is
notified that another party has legally assumed responsibility for BMP maintenance. Prior
to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 18(e))shall execute and submit to the
issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)
for the Stormwater BMPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan("O&M Plan")and certifying the following: i.)the
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.)the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management 8MPs
and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f)through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
8MPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
0 The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
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Page 8 of 12
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityfrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont:)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) Consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission")upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits)shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text
document):
wpaforrM dpc• rev.IM3009
Pop 9 a 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands #64497
El
WPA Form 5 — Order of Conditions MasSDEP-File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Citylrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The Salem hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1.Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ❑ that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
1.Municipal Ordinance or Bylaw 2.Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
wparorm&A - w.17713/09
Page 10 of 12
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 464497
1 WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
E. Signatures
J, v 101 zoio
This Order is valid for three years, unless otherwise specified as a special Mayes-2640 �i�
condition pursuant to General Conditions#4,from the date of issuance, t. Date of Issuance
Please indicate the number of members who will sign this form. four(4)
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be certified mail(return receipt requested)o han delivered to the applicant.A
copy also must mailed or and delivered at the same time to the p ro to p ent f
Environment Protection ional Office, if not filing electronically,an ope own ,if different
from applies
Signatures'
❑ by hand delivery on ® by certified mail, return receipt
requested, on
Jaaa44-44 Tyn� L1/ 20r O F�
Date Date —�--
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, 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 MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery .
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from
the date of issuance of this Order. 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.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
vgerorm5.Goc• rev.11113009 Page 11 a 12
ElMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands #64497
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction#
Salem
City/Town
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the
name of the owner of the land subject to the Order. In the case of registered land, this Order
shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the
Order of Conditions. The recording information on this page shall be submitted to the
Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
..........................................._.......................................................
.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
1A Daniels Street Court #64497
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for: Property Owner
and has been noted in the chain of title of the affected property in:
a
Book
Page
In accordance with the Order of Conditions issued on:
Date -- — -- ---If recorded land, the instrument number identifying this transaction is:
Instrument Number - _ -
If registered land, the document number identifying this transaction is:
- Document Number
--- - -- — -
Signature of Applicant — - - _ -- - -- - --
wpeforms.ac• rev.12/23,09
Pegs 12 0712
Attachment to Order of Conditions # 64497
.� Page lof 5
SALEM CONSERVATION COMMISSION
DEP FILE #64497
IA Daniels Street Court
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage & Endangered Species Program (NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —3413.
This Order permits the demolition of an existing deck and reconstruction of new deck in the same footprint and the
repairs to several sink holes behind an existing bulkhead wall. This permit allows approximately 75 square feet of
Land Subject to Coastal Storm Flowage to be altered.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
submitted to the Salem Conservation Commission before any work approved in this Order
commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34,Section 34-1 —3413.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones,other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File#497, and not placed on a
living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,
Attachment to Order of Conditions # 64-497
rl Page 2of 5
Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or
documentation that it deems necessary for that evaluation.
8. 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.
9. 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
Corps 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 in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch.2I ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR
744.).
10. If there are conflicting conditions within this Order, the stricter condition(s)shall rule.
11. 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.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Exhibit A, B, C
(Title)
Structures North Consulting Engineers
(Dated)
John Wathne
(Signed and Stamped by)
City of Salem Conservation Commission
(OnJile with)
15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved
plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
iv
Attachment to Order of Conditions # 64-497
' Page 3of 5
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity,and shall be referenced to in all future deeds to this property.
PRIOR TO CONSTRUCTION
18. Prior to the commencement of any activity on this site other than activities listed above,there
shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the
work, and a member of the Conservation Commission or its Administrator to ensure that the
requirements of the Order of Conditions are understood. The staked erosion control line shall be
adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission
Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the
pre-construction meeting.
19. Prior to the preconstruction 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.
20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for
emergency erosion control.
EROSION CONTROL
22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project;the Commission may require additional measures.
23. 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.
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. The area of construction shall remain in a stable condition at the close of each construction day.
26. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps,silt filter bags or other means approved by the Commission or its
Administrator.
Attachment to Order of Conditions # 64497
v e Page 4of 5
27. Within thirty(30)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.
28. If soils are to be disturbed for longer that two(2)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 surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas.
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby 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.
AFTER CONSTRUCTION
39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance(COC):
(1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An"As-Built' plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
Attachment to Order of Conditions #(A-497
Page 5of 5
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs, including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include, but are not limited to,all buildings,septic system components,wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work" includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order,
40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
41. 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.
42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorized their removal.
oa«Ha1,
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
» .
WPA Form 3 - Notice of Intent I
Document Transaction Number]
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -- -
Salem
Cityrrown
ImporWhenfllin A. General Information
When filing out
forms on the
computer, use
only the tab key 1. Project Location (Note: electronic filers will click on button to locate project site):
to move your 1A Daniels Street Court Salem 01970
cursor-do not
use the return a.Street Address b.City/Town c.Zip Code
key' Latitude and Longitude: N 42 31 15.87 W 70 53 6.507
d. Latitude e. Longitude
�+ 41 0330
f.Assessors Map/Plat Number g. Parcel/Lot Number
2. Applicant:
Christian Tosi
a. First Name b. Last Name
Note: _Regatta Construction Inc.
Before c.Organization
completing this
form consult 50 Jersey Street
your local d. Street Address
Conservation Marblehead MA 01945
Commission e.Cityrrown f.State g.Zip Code
regarding any
municipal bylaw 781-639-1660 781-990-3853 christian@regattainc.com
or ordinance. h. Phone Number i.Fax Number j.Email Address
3. Property owner(required if different from applicant): ❑ Check if more than one owner
Hans Weedon
a. First Name b. Last Name
c.Organization
1A Daniels Street Court
d.Street Address
Salem MA 01970
e.City/Town f.State g.Zip Code
781-744-8579 none jaweedon@hotmail.com
h.Phone Number i. Fax Number j.Email address
4. Representative (if any):
a. First Name b. Last Name
c.Company
d. Street Address
e. Cityrrown f.State g.Zip Code
h. Phone Number i. Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$110.00 $42.50 $62.50
a.Total Fee Paid b. State Fee Paid c.City/Town Fee Paid
wpaform3.doc•rev. 11/16/09 Page 1 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number j
WPA Form 3 - Notice of Intent i
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
CityfFown
A. General Information (continued)
6. General Project Description:
Removal of existing deck (exhibit a) for repairs to sea wall sink holes, locations shown (exhibit a).
Cross section of proposed remediation behind sea wall shown (exhibit a). Rebuild existing deck to
exact footprint to current MA 7th edition Code using as much of the old structure as can be saved
7a. Project Type Checklist:
1. ❑ Single Family Home 2. ❑ Residential Subdivision
3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry)
9. ❑ Transportation 10. ® Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal) or 310 CMR 10.53 (inland)?
1. ❑ Yes ❑ No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
a.County b. Certificate#(if registered land)
c. Book d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
For all projects
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Resource Areas,
please attach a
narrative a. ❑ Bank 1. linear feet 2. linear feet
explaining how
the resource b. ❑ Bordering Vegetated
area was Wetland 1.square feet 2.square feet
delineated.
c. ❑ Land Under 1.square feet 2.square feet
Waterbodies and
Waterways
3.cubic yards dredged
wpaform3.doc•rev. 11/16/09 Page 2 of 8
Massachusetts Department of Environmental Protection � "�
rovid(d by MassDEP: - ' -
Bureau of Resource Protection - Wetlands MassDEP File Number
L71 WPA Form 3 - Notice of Intent I Document Transaction Number;
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. ❑ Bordering Land
Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet replaced
e. ❑ Isolated Land
Subject to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet replaced
f. ❑ Riverfront Area 1. Name of Waterway(if available)
2. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
❑ 200 ft. -All other projects
3. Total area of Riverfront Area on the site of the proposed project: square feet
4. Proposed alteration of the Riverfront Area:
a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft.
s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No
3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction
number a. E] Designated Port Areas Indicate size under Land Under the Ocean, below
(provided on
your receipt b. ❑ Land Under the Ocean 1
page)with all .square feet
supplementary
information you 2.cubic yards dredged
submit to the
Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment
e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment
wpaform3.doc•rev. 11/16/09 Page 3 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 - Notice of Intent ` y i
t Document Transaction Number:
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem W W
Cityrrown
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement(if any)
f. ❑ Coastal Banks 1. linear feet
g. ❑ Rocky Intertidal
Shores 1.square feet
h. ❑ Salt Marshes 1.square feet 2.sq ft restoration, rehab.,creation
i. ❑ Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ Land Containing
Shellfish 1.square feet
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.cubic yards dredged
I. ❑ Land Subject to
Coastal Storm Flowage 1.square feet
4. ❑ Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a.square feet of BWV b.square feet of Salt Marsh
5. ❑ Project Involves Stream Crossings
a. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Salem Bldg Dept Route 135, North Drive
b. Date of map Westborough, MA 01581
wpaform3.doc•rev. 11/16/09 Page 4 of 8
Massachusetts Department of Environmental Protection Provided by MassMR -^{
Bureau of Resource Protection - Wetlands
MassDEP,File Number
WPA Form 3 - Notice of Intent
J_ - Document Transaction Number]
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/rown
C. Other Applicable Standards and Requirements (contrd)
If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321
CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please
complete Section CAL, and include requested materials with this Notice of Intent (NOI); OR
complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI,
by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take
up to 90 days to review(unless noted exceptions in Section 2 apply, see below).
1. c. Submit Supplemental Information for Endangered Species Review'
1. ❑ Percentage/acreage of property to be altered:
(a)within wetland Resource Area
percentage/acreage
(b)outside Resource Area
percentage/acreage
2. ❑ Assessor's Map or right-of-way plan of site
3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work****
(a)❑ Project description (including description of impacts outside of wetland resource area &
bufferzone)
(b) ❑ Photographs representative of the site
(c)❑ MESA filing fee (fee information available at:
htto://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm).
Make check payable to "Commonwealth of Massachusetts- NHESP" and mail to
NHESP at above address
Projects altering 10 or more acres of land, also submit.
(d)❑ Vegetation cover type map of site
(e)❑ Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the Following
1. ❑ Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
htto://www.mass.gov/dfwele/dfw/nhesD/regulatory review/mesa/mesa exemptions.htm;
the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to
310 CMR 10.37 and 10.59.)
2. ❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see
http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
** MESA projects may not be segmented (321 CMR 10.16).The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3.doc•rev. 11/16/09 Page 5 of 8
i
Massachusetts Department of Environmental Protection Provided by MasaDEP:
Bureau of Resource Protection - Wetlands IMassDEP File Number p
WPA Form 3 - Notice of Intent
1
/ '-Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40Salem`—
Salem
City/Town
C. Other Applicable Standards and Requirements (cont'd)
3. ❑ Separate MESA review completed.
Include copy of NHESP "no Take' determination or valid Conservation & Management
Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ❑ Not applicable—project is in inland resource area only
b. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
Island, and the Cape& Islands:
Division of Marine Fisheries- Division of Marine Fisheries-
Southeast Marine Fisheries Station North Shore Office
Attn: Environmental Reviewer Attn: Environmental Reviewer
1213 Purchase Street—3rd Floor 30 Emerson Avenue
New Bedford, MA 02740-6694 Gloucester, MA 01930
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
transaction b.ACEC
number
(provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page)with all
supplementary a. ❑ Yes ® No
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
a. ❑ Yes ® No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. ❑ Applying for Low Impact Development(LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ❑ A portion of the site constitutes redevelopment
3.❑ Proprietary BMPs are included in the Stormwater Management System.
b. ® No. Check why the project is exempt:
1. ® Single-family house
wpaform3.doc•rev. 11/16/09 Page 6 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:—` —7
Bureau of Resource Protection - Wetlands f MassDEP File Number j
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 LI Document Transaction Num.._bertSalem ��
City/Town
C. Other Applicable Standards and Requirements (cont'd)
2. ❑ Emergency road repair
3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project)with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page)for any of the
following information you submit to the Department.
1. ® USGS or other map of the area (along with a narrative description, if necessary)containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. 0 List the titles and dates for all plans and other materials submitted with this NOI.
Bulkhead Repair(from 1996 repair)
a. Plan Title
Structures North John Wathne
b. Prepared By c.Signed and Stamped by
11/07/1996 various; 1/4=1' and V=10'
d. Final Revision Date e. Scale
f.Additional Plan or Document Title g. Date
6. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. ® Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev. 11/16/09 Page 7 of 8
Massachusetts Department of Environmental Protection
',Provided by MassDEP:L71 - -�
Bureau of Resource Protection - Wetlands MassDEP File Number }
WPA Form 3 - Notice of Intent
Document Transaction Number)
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salemy '
Cityriown
E. Fees
1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
1230 05/13/2010
2. Municipal Check Number 3.Check date
1231 05/13/2010
4. State Check Number 5.Check date
_Regatta Construction
6. Payor name on check: First Name 7. Payor name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
05/14/2010
1.Signature of Appli ant (' 2. Date
05/14/2010
3.Signature of Pr"e y Owner(if different) 4. Date
5. Signature of Representative(if any) 6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpafomi3.doc•rev. 11/16/09 Page 8 of 8
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BULKHEAD PUW BULKHEAD REPAtR STRUCTURES NORTH
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SALEM. MA
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ON & DETAILS to DANEILS ST. CT. CONSULTING ENGINEERS
W —• SALEM. MA M a a � w r �.. a.me
Narth Share Dredqinq and Marine Cons Imfinn, Ince
DIVING. GE
117 LAFAYETrE ST. - MA"LEHEAD, MASS. PIPE LAYINGICE AND REPAIRING
WHARF BUILDING - BRIO09S
TELEPHONE 691.61112-746.4767 - PILE DRIVING - SEA WALL$
-January 18, 1964
For the sum of Eight Thousand Five HundredDollars (88500.00), we
will build a new retaining wall at 1A Daniels Street Court,
Salem, Massachusetts.
This seawall will be a total of 98 ft 6 in, long--7416" frontage,
12' o!• each side, using the following material;
34 New oak pilings, 25 ft. long. ,
Sheeting, 31 x 6' x 14' long.>
3 Whalers running the full length of retaining wall, one On top,
one in center and one on bottom. 8" x 10" x 98'6".
Corners will be tied in with 1 in. .iron rods.
All pilings and whalers will be fastened with lin. galvanized bolts.
New retaining wall will be approximately 10 ft. high (one foot above
old stone wall).
Front eoncret4 porch will be dismantled, broken up and used as
back-fill along wall.
Fiont of wall will be cleared of all stones and boulders.
New wall will be back-filled to one foot 'above existing stone wall
(level with new wall).
This retaining wail is guaranteed. fo S years.
Charles . Potter NORTH 6H012E 1}12EDOINO &rWINEs�
CONST., INC. )
I)or?uLy M. Potter
I
TEL 1-5108-744-8579 P. 1
December 4 1996
From Hans J Weedon
To John Wathne Structures North:. .
Dear John _
I looked more carefully last night, and finally found
documentation that the previous. owners of lA Daniels St.
ct. (Charles A. Potter and Dorothy M. Potter) had a signed
construction agreement to build a. -SEA WALL 18 Jan 1964 . i.
expect the SEA WALL was finished the summer of 1964 .
As far as the Porch is concerned Ihave a picture showing
a my .older children as toddlets on the porch. The rear of
the picture is dated August 1970.rThis-can be identified
as being from here by the .smoke-stack at the Pequot Hills
` in the background.
I also enclose a Sales agreement Ao-cumenting that I bought
the place in March of .196a.
Dec. 4 1`996
Hans J-Weedon
�,sTu>zi° t11` s�-tNcc�4-LCA
GULF OF MAINE RESEARCH CENTER INC
ENVIRONMENTAL CONSULTING SERVICES
December 9, 1996 204 LAFAYETTE STREET
SALEM, MA 01970
(508)745-8818
FAX(508)741-8648
Crystal Gardner
US Army Corps of Engineers
Regulatory Division
424 Trapelo Road
Waltham,MA 02254
RE: Requested Information for lA Daniels Street Court, Salem,MA
COE File# 1996-02974
Dear Ms. Gardner.
On Tuesday,November 26th, 1996,you had called Gulf of Maine Research
Center to request further information regarding proposed bulkhead repairs at lA Daniels
Street Court in Salem,MA. At that time you requested that we submit three additional
items for the project file,these being: 1)some type of verification regarding the date the
bulkhead was originally constructed;2)copies of the site plans reduced to 8.5 in. x 11 in.
format; and 3) a calculation of the square feet of resource area alteration being proposed.
This letter and attached items are intended to provide the information you requested.
Attachment A consists of a letter from the applicants and attached documentation.
As can be seen, an agreement for construction of the bulkhead was dated January 18,
1964. Attachment B contains reductions of the original site plans which were previously
submitted These have been reduced to an 8.5 in.x 11 in. format by the project engineer,
John Wathne,of Structures North Engineering.,
The only area to be altered by the proposed work consists of the surface area
which will be occupied by the newly installed pilings. The specifications call for twenty-
four 12 inch butt natural taper pilings (see Site Plan sheet S-1,item B2). Each 12 inch
diameter piling will occupy approximately 0.79 square feet of tidal flat area,resulting in a
total alteration of approximately 19 square feet. The proposed work will not enlarge or
move the bulkhead
If you have any questions or require further information regarding this matter,
please do not hesitated to contact me at the letterhead address or phone number.
Joseph H. Orzel
Environmental Scientist