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64-350 - 2 DEARBORN LANE - CONSERVATION COMMISSION .i ey Yir ♦ . s J T x d � r y •r d. 2 61g - -755-16815 .w a •r T I. an ^�T 1. F • 1 i 1 w F y. V 5 O '• R CITY OF SALEM CONSERVATION COMMISSION July 14, 2006 William McKinnon,Jr. 2 Dearborn Lane Salem, MA 01970 Re: Certificate of Cbmphance-DEP #64-350-2 Dearborn Lane, Salem, MA DeaaxF r. McKinnon: k ,, zEnclosed, please find the Cexhficafe of Compliance for the above referenced project. This ZDoI)b t� cument must be recorded at the Essex County Registry of Deeds, 36 Federal Street 'Salem', Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. �*6 If yo have any further questions please feel free to contact me at (978) 745-9595 x 311. C6 Sincerely, Carey Ddques Conservation Agent/ Staff Planner Enclosures "w } 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM,COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-350 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: -forms on the William McKinnon, Jr. computer, use Name only the tab key to move 2 Dearborn Lane your cursor- Mailing Address do not use the Salem MA 01970 return key. City/rown State Zip Code ,dIM I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: William McKinnon, Jr. Name July 13 2006 64-350 Dated DEP File Number 3. The project site is located at: 2 Dearborn Lane Salem `Street Address City/Town Map 36 500 &501 Assessors Map/Plat Number :?+- Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: i Property Owner(if different) County Book Page Certificate - 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: July 10 2006 Date. B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been Satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: vryaform BC.tloc•rev.7/13104 Page 1 of 4 I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: LaLj�� WPA Form 8B — Certificate of Compliance 64-350 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification. (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final.Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: The Salem Conservation Commission 7/13/06 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP /Regional Office ( ee Attachment). Signatures: k'� ..r w wyaform Bb.dm•rev.7113/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-350 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 13 Of July 2006 Day Month Year before me,the undersigned Notary Public, personally appeared Kevin P, Cornacchio, Joseph Furnari, Keith E. Glidden and Kevin R. Carr Jr. Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town FRANK TAORMINA . �A, I a Notary Public Conatromvealth at Massachusetts MY Commission Expires AprI127,2012 Sig .tura of Notary blic Fr nkTaormina Printed Name of Notary Public nl .4, 20/L My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 81f.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-350 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: City of Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 2 Dearborn Lane 64-350 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: William McKinnon, Jr. Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform ab.d.•rev.7113/D4 Page 4 of 4 CERTIFICATE OF COMPLIANCE•PHOTO LOG 2 DEARBORN LANE, SALEM, MASSACHUSETTS ' AU Pi�i o 7/10/06 BY Guev WQO ,Corvv'ut .N AGFv/ST�FR R `h y t i I 5 , -JJee q� a __ � T View of pier,ramp,and float extending into the North River. Zi ra View of pier extending over salt marsh vegetation. Page 1 of 2 � r liy'�itf i�tstf� .4 ��...Ei:.� �.•yt jr - j� �.�' � � _ A $ n ern t j� -tee A a A ! CITY OF SALEM -� CONSERVATION COMMISSION SITF VTSTT FnRM J PROJECT LOCATION: 1�2 ` �fN�\- - ^"� IDATE OF SITE VISIT PROJECT PROPONENT:: W�`�`6- I-` (Vk. I DEP FILE NUM(B7ER:a 6 - 35b PROPOSED WORK: l av�S�n�C7C D�fX� �i0.1� IA30,,4 , � �le>�T (�A - T� :�. Co Issiy(n Memb s/A ent: Abutters: Applicant/Property Owner/Representative: t I ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation E]Notice of Intent J8(Certificate'of Compliance ❑Enforcement/Violation , ❑Emergency E] Informal 5 Z AREAS OF]URISDICTION.`�.� ., Wim". c",^ "` � may sus„ ' INLAND RESOURCE AREAS - COASTAL RESOURCE AREAS I! ❑Bank ❑ Land Subject to Coastal Land Under the Ocean Storm Flowage ElBordering Vegetated Wetland ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑ Barrier Beach ❑Land Under Water Bodies or Waterway i) �p( Name: Coastal Bank ❑Rocky Intertidal Shore r 0,Riverfront Area Salt Marsh ❑Land Under Salt Pond v ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish - dromous Fish Run i ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM D f i BUFFER,ZONE(withi 0 f t) � ".. Water Body ❑ Bordering Vegetated Wetland Bank ❑ Coastal Beach ❑ Coastal Dune INTERESTS:PROTECTEDu - ai .,4: x "s Protection of Water Supply Protection of Groundwater Supply �Flood Control 1e Storm Damage Prevention ,y�Prevention of Pollution Protection Protection of Fisheries Protection of Wildlife Habitat I RProtection of Land Containing ShellfishJ`" Is this an exempt project:If so,why? ''`-''� C Are resource area boundaries delineated correctly? If not,explain. SITE VISIT DO UMEN7ATION: Photos Site Map ❑ Other: .ea-ya..-.t• :,,.a."�e..m..w.,:,...e.-,;• w'�#: ?�shy�ewsnu *s.wa�w .. OBSERVATIONS:;��;.-:�...-•..a:' �' "°, _ � " , ",� ,. 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. nLi� 01.E umj) wiAz,�- �tio v� y . RECOMMENDATIONS a �pp 'e ._" ,.: _-° a'I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-350 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .4^ A. General Information Important: From: II I VIII II IIIIII I I VIII I I IIIIII When filling out forms on Salem 2@03011800061 Bk 21289 Pg;534 the computer, Conservation Commission 07J19/2003 09 01:00 OTHER Pe 1/10 use only the tab key to This issuance if for(check one): . move your cursor-do ® Order of Conditions xr . not use the . return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): William McKinnon Same Name Name ram P 2 Dearborn Lane Mailing Address Mailing Address Salem MA 01970 Citylrown State Zip Code •`Citylrown State Zip Code 1. Project Location: 2 Dearborn Lane Salem Street Address ,-CityRown Map 36 'Lots 500 & 501 Assessors Map/Plat Number -- ParceVLot Number 2. Property recorded at the Registry of Deeds for: Essex South 12650 424 County - Book Page NA Certificate(d registered land) 3. Dates: May 26 2003 June 12, 2003 June 12, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4, Final Approved Plans and Other Documents (attach additional plan references as needed): Exhibit Plan of Land in Salem MA Prepared for William McKinnon April 28 2003 Title Date 5. Final Plans and Documents Signed and Stamped by: NA 6. Total Fee: $260.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Fom5 _. Page i of Rev.02100 - Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-350 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §< B. Findings 2003071800067 801289 Pg;535 07/18/2003 09.01:00 OTHER P9 2/10 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. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish Prevention of Pollution ❑ Private Water Supply ❑ Fisheries Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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 conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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 these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, thework, 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 10.05(6)(c). General Conditions (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. WPA Forms Rev.02/00 Page 2 of 7 '\ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-350 WPA Form 5 — Order of Conditions - Massachusetts Wetlands Protection Act M.G.L. c. 131, !2003011800061 Bk.21289 Pg,536 ©7/1B/2003 09:01.00 OTHER Pg 3/10 — B. Findings (cont.) o 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. 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. 7. 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. 8. 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 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 ofthe land upon which the proposed work is done. The recording information shall be submitted to this 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. 9. 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" for, "AAA DEP"] "File Number 64-350 10. 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 DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. 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. 14. 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. VJPA Forth 5 Page 3 of 7 , Rev.OT/OO T Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection -Wetlands 64-350 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, ;2003011800061801289 Pg;531 Y 07/18/-2003 09:01:00 OTHER Pa 4/10 B. Findings (cont.) 15. 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. 16. 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. 17. 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. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Foon 5 Rev.02100 Page 4 of 7 1 ` DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 64_316D WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40. . 4 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: 2003011800061 B01289 P9:538 07/18/2003 09.01:00 OTHER Ps 5110 This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix.A) and the property own (if different from applicant). Sign Of ���• 2 o c� Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acno a that helshe ex cuted t e same as his/her free act and deed. Notary Public My commissi n Expires This Order is issued to the applicant as follows : J by hand delivery on ❑ by certified mail, return receipt requested, on Date Date WPA Form 5 �_ Rev.02/00 Page 5 ar7 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 64-350. n-,..awed ti„n1 p WPB► Form 5 - Order of Conditions . Massachusetts Wetlands Protection Act M.G.L. c. 131, §42003071800067 Bk.21289 Pg.539 w 07/18/2003 09:01:00 OTHER P9 6/10 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the(and 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 DEP 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 Appendix E: 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. - 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. D. 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 Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission 5. "w:F WPA Form 5 Rev.02100 � 6 2003011800061 Bk,21289 Pg;540 07/18/2003 09:01:00, OTHER Pg 7/10 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64-350 2 Dearborn Lane, 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. 0' 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 form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-350, and not placed on a living tree. 6. 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., 7. 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 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. 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. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions 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. r 07/18/2003 09:01:00 OTHER P9 a/to 12. 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. 13. 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 signed statement 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. 14. Conditions number NA as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTI6N 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. There shall be NA hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control EROSION CONTROL 21. 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 i 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. 22. 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. 23. 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. 24. The areas of construction shall remain in a stable condition at the close of each construction day. f 07/1612003 09:01:00 OTHER Pg 9110 25..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. 26. 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. 27. 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 28. A copy of the Order of Conditions,construction plans,and copies of the documents�and reports cited in Condition# 11,shall be on the site upon commencement and during any site work fog contractors to view and adhere to. 29. 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. 30. Only clean fill,free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site. 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 rivers. 32. 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. 33. 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. 34. 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. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. 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 39. 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. 1� ' 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped,by a Registered Professional Engineer showing post-construction conditions and: , a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland;resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area.K 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. If the completed workadiffers 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 Ordec`Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 43. 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. 2003011800061 Bk;21289 Pg;543 07/19/2003 09 01:00 OTHER P9 10/10 r v :a,^:a•sir. , : r 1 -•� l n,A1.AIIiNA\ I- .A1;111111' ll \Sti.A�'Illtil `I"t� ' I'IA I1 ( 41-1h ,I: ( H., I"NA IHuV\II:A'I \I I I \IIt� 2? V\ rrlailds old b1 ;u� rn}'s I'rn�lanl;Nl?liO i nAI :•.'I::'!' I: .�TIi I!!(l . l ' FL . , ItO�r )�. AI A UYiu ' rl-.. 1' -3:,au ' III �i!tl.i I1i I & Aptlr, Lm un .:"n. ,„ .'m„ F `iAL.EM AU: MAYO R'S OFFICE Mr. Bana McKinnon �� c;/() Hanccockk �� Stn' e\� �Acsociates, Inc. 13 Newbury Strcct, Roche One North Da.. , ',,"A O N23 Re: PUBLIC NOTICE- OF VNIATERWAYS LICENSE APPLICATION - No. WO-0341 North River, Salem, Essex County Dear Mr. McKinnon: Che Waterways Regulation Program rou has received � r application requF.Gtinv authorization to perform certain activities in state watenvays located in Salem pursuant to M.G.L. Chapter 91, the Public Waterfront Act and its regulations at 310 CMR 9.0 etc The WRP has assigned this application filing with the above-referenced Waterways License application number. It is imperative that you refer to this application number whenever you submit or request information for this file. Upon review of this application, the WRP has made a determination that this project is a water-dependent use project. ,attached is the WRP's Public Notice form for this application. The Applicant is required to publish this notice, at his/her expense, in one or more newspapers having cirallation in the area affected by the proposed activity. This notice must be published in the local newspaper(s) for at least one day on or before the designated Notification Date. The reyuit—CU public Comment period soali begin on ti is designated Notification Date. The ;Applicant is required to submit proof of publication to the WRP by sending a copy of the newspaper notice showing the date of publication or a copynof the newspaper notice and a letter from the newspaper indicating the date the public notice was published. Lastly, the WRP cannot complete its review of this application until the following nf�rmati�n/doannent(s) checked below hav e been submitted: 111(11- of publication (,t the Pnbhc Notice RECEIVED �J C()mpletion of the I'ubliC Conunent Period Rcceipt Of the Municipal zoning Certific,,h,.,n AUG 2 0 2003 RerciptOf the Municipal Planning Board Notitication i ono Rctript uta valid 11 cllands Order of Condition -.,,s DEPT.OF- fANIt�JNITY DEVELPLANNOPMENT ENT � ur.n;....I,......LAW, 1-01........ Il:r:n.i Receipt of valid DI P Water Quality Cel it lcatwil completion of the iyfLPA review proccss flans: Need Final Mylar Plans 5,/other: Proposed project does not quality for a Simplified License as the new work is more than 300 square feet. Project should be filed as a 30 year license under 13RPW WOl a. [lie Fec is $175.00, therefore an additional $"1211.(10 is due under Transmittal Number bV025406. i r Should you have any questions please contact me at (617) 654-6537. Thank you. Sinorel�=, - III E. Provencal Environmental Analyst Wetlands and Waterways Program cc: Salem Mayor and City Council, City Hall, Salem, MA 01970 Salem Conservation Commission, City Hall, Salem, MA 01970 Salem Harbormaster, Winter Island, Salem, MA 01970 Mark Tisa, c/o Division of Fish and Wildlife, Field Headquarters, 1 Rabbit Hill Road, Westboro, MA 01581 Office of Coastal Zone Management, Suite 500, 251 Causeway Street, Boston, MA 02114 Division of Marine Fisheries, S.E. Marine Fisheries Station, 50A Portside Drive, 1'ocasset, MA 02559, Attn: Vin Malkowski Michael Gildesgame, c/o DEM/Ocean Sanctuaries, 251 Causeway Street, Boston, MA 02114 Mass. Historical Commission, 220 Morrisey Blvd. Columbia Pt., Boston, MA 02116 Francis and Macara Murphy, 70 Dearborn 1_ane, Salem, MA 01970 Samuel and Victoria Papalardo, 6 Dearborn Lane, Salem, iblA 01970 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Number W03-0844 NOTIFICATION DATE: August 29, 2003 Public notice is hereby given of the Waterways application by William McKinnon to construct and maintain a pier, ramp and float at 2 Dearborn Lane in the municipality of Salem in and over [lie waters of the North River. The proposed project• has been determined to be water-dependent. The Department will consider all written comments on this Waterways application submitted 30 days subsequent to the "Notification Date". Failure of ally aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting Jill Provencal of the Waterways Regulation Program at (978) 654-6537. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: Sa A.ames Sprague,ue, Section Chief Wetlands I S and Waterways Program, One Winter Street, 5°i Floor, Boston, MA 02108. k ` ('ALE: t' i 0,4 L OCUS I A PTUDF. 42' L + vl v G14" Q p T'ETAINING LZZ� a v�[AN!✓ :: Q v E F_ ` LlM!T OF & RAIL„FENC , COASTAL ` BANK SID° (ij rn Q _J sOvoni sa�1no�. Mp) O OF vFG 4R- E Vt 0,4SF:4t EO LINE OF— _ PRO° 30-LONG !” 04N6WAY �•1FAiV N1G,`' WA TER , (ELEV. 4.8' f) PRO . 12'x2O' FLOAT , a. NORTH RIVER O� 12 (TIDAL) 2 .SONOTUBFS, FOR STEPS, TO BE N B0 FLOW EBB 7✓STALLED AT EAC E!✓D 0;" ✓EC, Ai PSP AAID BOTTOM, 0.� 'Al TO MARSH ,A T 12-E00!' 11,1IE4l%AC S PLAN OF PROPOSED W4LK1�.:4Y .ANn /f-/OA -' GEC TO PREPARED FOR ''Ft ' �OKL ,e'2 01EAREOFIV L ANi CITY OF SA%Ef,,, COMM,, O ESSL:X VASSA(f;,UAL l7S F!!},►�!c HCl` SURVEY 'As CLAI E�• !��4!'. � a s F r1• I f ------- 1 6" (>ECk%NG l5i.'ri - 2 x6" STRINGc r Zvi - - -- — - -- 2'x6" BENT : V \i �"i -� -- - --- 4X4" PILING oml I SALT V I RSA I SECTION THROUGH PILEZSUPPORTEO WA KKWA Y (SPAN INTERVAL -1 12 FEET) NOT TO SCALE YM PROP. STEPS PROP.-VI,RAIL/NG BANK \ PROP. 4'-WjDE DECK � o SONOTUBEEL. (T ) R� cANGK4Y PROP MR) B.Ot - - fZOA7 - . 1� SALT _AIARS�/ EL. . 148 PROP 4'x4,' r PILING (TYP.) Z ELEVATION - _�UDf ,q� NOT TO SCALE PL AN OF PROPOSED WAI.KWA Y AND FL OA T PREPAPEO FOR V1,71IIAM MCKINIVON #2 DFARSORN LANE !1.' CITY OF SALEM i COUNTY OF- F5:5EX, MASSACNU5Z TTS ( '. HANCOCK SURVEY ASSOCIA TESINC. ' �„rr ZFJ NOTICE OF INTENT for 2 Dearborn Lane Salem, .MA r HA CK Prepared by: HANCOCK ASSOCIATES ' 235 Newbury Street, Danvers, MA 01923 (978) 777-3050 Fax: (978) 774-7816 HSA@hancockassociates.com May 2003 NOTICE OF INTENT FOR 2 Dearborn Lane Salem, MA APPLICANT: William McKinnon, Jr. '* 2 Dearborn Lane > Salem, Ma 01970 1 OWNER: i William McKinnon, Jr. 2 Dearborn Lane Salem, Ma 01970 DATE: May 16, 2003 H.S.A. NO. 8804 HANCOCK ASSOCIATES 235 NEWBURY STREET— ROUTE 1 DANVERS, MA 01923 (978) 777—3050 FAX (978) 774-4205 DIVISION OF HANCOCK SURVEY ASSOCIATES,INC. TABLE OF CONTENTS PAGES NOTICE OF INTENT 1-8 FEE TRANSMITTAL FORM 9-10 PROJECT NARRATIVE 11-12 ATTACHMENTS: ■ LOCUS MAP • ABUTTERS NOTIFICATION • ABUTTER LIST • PERMIT SITE PLAN icy, r• Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Tovwn A. General Information 1. Applicant: William McKinnon Name E-Mail Address(if applicable) 2 Dearborn Lane Mailing Address Salem MA 01970 ` City/rown State Zip Code 978-741-0438 Phone Number Fax Number(if applicable) 2. Representative(if any): Hancock Environmental Consultants Firm John Dick Jdick@hancockassociates.com Contact Name E-Mail Address(if applicable) 235 Newbury Street Mailing Address Danvers MA 01923 Chy/rown State Zip Code 978-777-3050 978-774-4205 Phone Number Fax Number(if applicable) 3. Property Owner(if different from applicant): The Applicant Name Mailing Address City/rown State Zip Code 4. Total Fee: $260 (from Appendix 8:Wetland Fee Transmittal Form) 5. Project Location: 2 Dearborn Lane Salem Street Address City/town 36 500&501 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: South Essex 12650 424 County Book Page Certificate(d Registered Land) WPA Form 3 Page 1 N 8 Rev.02100 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Tow„ A. General Information (cont.) 7. Summary of Project Impacts: 4' a. Is any work being proposed in the Buffer Zone? X Yes If yes, how many square feet? Temporary construction activity only Square Feet ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g., sq. ft.) Coastal bank 4+/- Salt Marsh 12+/- B. Project Description 1. General Project Description: The applicant is proposing a pier and floating dock. The pier will cross two resource areas Coastal bank and salt marsh. SEE NARRATIVE 2. Plan and/or Map References: Exhibit Plan of Land 4/28/03 Title Date WPA Form 3 Page 2 or 8 Rev.02/80 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ® Salt Marsh ® Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: N/A Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: N/A N/A Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: 12+/- N/A Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: 4+/- N/A Linear Feet altered Square Feet altered WPA Forth 3 Pago 3 ar 8 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA► Form 3 - Notice of intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: N/A N/A Linear Feet altered Square Feel altered Land Subject to Coastal Storm Flowage: Beach: N/A N/A Square Feet altered Square Feet altered Land Under Ocean: N/A Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): North River(tidal) b. Width of Riverfront Area(check one): ❑ 25 ft. -Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only X 200 ft. -Al other projects c. Describe how the Mean Annual High-Water Line was determined: Mean High Water(NGVD) d. Distance of proposed activity closest to the Mean Annual High-Water line: Work extends approximately 60 feet seaward of MHW Feet e. Total area of Riverfront Area on the site of the proposed project: Approximately 22,843 square feet(assessed area) Square Feet f. Proposed alteration of the Riverfront Area: 452 452 zero Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft WPA Paan 3 Page 4 of B Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Providedb-DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50%or more wetland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NO[to : Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 ® No 2000-2001 Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? ❑ Yes ® No .VVPA Form 3 Page 5 or 8 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. X Yes If yes, describe which exemption applies to this project: 10.58(6) (1)exempts Chapter 91 permitted projects from riverfront provisions No 3 a. Is the project located in the Riverfront Area? X Yes If yes, indicate the proposed project purpose: No ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation X Other(describe)see 2. above b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 4. a. Describe 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. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt: activity accesory to an existing single family dwelling ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stonnwater Management Form and submit it with this form. WPA Form 3 Page 6 d 8 Rev.02100 - Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem lm Town E. Additional Information Applicants must include the following with this Notice of Intent(NO[): • 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. • 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 they` boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). . • List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: 511 y.Zq.cr3 Check Number Check date �'3M(mm �e.t'w ryy� 11 .err. Payor name on check Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify underthe 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). 1 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 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. Signature Ap licant Date 30 D 3 Signature of Property Ow kr(if different Date �__L wc�- rFS3oc„4rC�� 16 Sgna epresentabve(if any) Date WPA Form 3 Peae 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: William McKinnon, Jr. Name 2 Dearborn Lane Mailing Address Salem MA 01970 Cityrrown State Zip Code 978-741-0438 Phone Number 2. Property Owner(if different): The applicant Name Mailing Address Cityrr n State Zip Code Phone Number 3. Project Location: 2 Dearborn Lane Salem Street Address CdyRown B. Fees Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows(check applicable project type): ❑ single family house project X$1.00= (feet of BVW) Total fee(not to exceed$100) ❑ all other projects X$1.00= (feet of BVW) Total fee(not to exceed$1,000) State share of filling fee: (112 of total fee less$12.50) Cityrrown share of filling fee: (172 of total fee plus$12.50) WPA Appendw B Page 7 of 3 Rev (Y IM Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B -Wetland Fee Transmittal Form Massachusetts Wetlands Protecton Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent(Form 4) or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1/Type of Activity: Describe each type of activity(see Section D for a list of activities)that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3findividual Activity Fee. Identify each activity fee from the six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category(idenfified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/1rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. Step 1lrype of Activity Step?/Number Step 3/Individual Step 4/Subtotal of Activities Activity Fee Activity Fee Category 5-$2 x 130 feet 1 $2 per foot $260 Step 5/Total Project Fee:$260 Step 6/Fee Payments: Total Project Fee:$260 (Total fee from Step 5) State share of filing fee:$117.50 (1/2 total fee less$12.567) $142.50 City/Town share of filling fee:(lrz total fee plus$12.56) NPA Appendix B Page 2 of 3 P. (1fIf10 HANC®CK '- t n4i ronmental Consultants 0 235 Newbury Street Route I North Danvers,MA 01923 (978)777-3050 (978)352-7590 (978)283-2200 (781)6629659 FAX(978)774-7816 ........................... 0 12 Farnsworth Street Boston,MA 02210 (617)350-7906 r a� J ,5 WILLIAM(',J�4.C�`I1NN0i4JR��, � '' {ez 53 72P8/21A3f �} l� t "� AUdREWMIMGnKINf��N D2Dseze> t " {531 ' _ 2FREJY(4�Of)M1I=LANEt SALEM,Mxv Ao1QLDajji'y, - RAYNEI OflDEfl Of rz�)C)Y✓t✓✓f/J?9(;L. Q' L •'1pps?Afr "N, �OOLLABSARS"-LA 'PREkPRR&E1 ins L a T ` a ,7 �+• 4�J �1��'°"nr�t`' L s$n` �a,Mr���';+n s �,�-'!�' .-. � � ' �.5n} y' n� J` ^�` e 3ll�T' s d "r ,' A ,S. sA�' r n � I�✓'� �4 ���W x''�y',.✓ `m' ^(I'..� '"Y'i - T��`z lg sa Z22a[21ta 5. AU6REV M IuG (Z(NNON osasszz7 2 - 2"DEARBARNyL81'NE p t l —K + SALEM `(NA 0,9 / DATE rKE ORDER Of /TJ "DOLLARS W- J PREFERRED ,ty HERITAGE;BANK`" CHEecmvc /w«:rinsrro,nu r - MEMO - -1: 21,13722841: 02`06 92'2 71110512 Division of Hancock Survey Associates,Inc _ ° • . #8804 PROJECT NARRATIVE Project Activities The applicant is hereby submitting a Notice of Intent to the Salem Conservation Commission under both the Massachusetts Wetlands Protection Act and the Salem Wetlands Protection Bylaw. Proposed work consists of construction of a stepway, pile supported decking and gangway leading to a proposed 12 foot by 20-foot bottom moored float. Installation will be conducted on a tidal portion of the North River. The applicant intends to pursue a chapter 91 license, as two pilings (totaling .50 sf alteration) are located below Mean High Water. Wetland Resource Areas Onsite resources include Salt Marsh, Coastal Bank and Riverfront. Buffer Zone A 100-foot buffer zone to coastal bank is pursuant to state and local regulations. Analysis of Standards Salt marsh As defined by 310 CMR 10. 32(3- 6) As per (3), The proposed elevated walkway will not destroy the salt marsh and will not have an effect on marsh productivity. This includes growth and composition alteration. As per (4) a small project " such as an elevated walkway or other structure has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day". In accordance with DEP policy, the proposed walkway has been designed to minimize shading by providing one inch gaps between docking and by maintaining a 4 vertical foot separation between dock and marsh the proposed project exceed this by spacing the walkway slats so that sunlight may penetrate to the underlying vegetation. Section (5) does not apply because no rehabilitation of the salt marsh is proposed. As per (6), according to the Natural Heritage Atlas, Salem quad, no rare species, rare habitat or certified vernal pools were identified. Coastal Bank As defined by 310 CMR 10. 30 (3-8) Section(3), is not applicable because no coastal engineering structure is proposed. As per(4),the proposed pier-supported walkway has minimal cross- section and thus will not have an adverse effect on sediments via modified wave action. Section (5) is not applicable because no coastal engineering structure is proposed. As per (6) the stability of the coastal bank is not compromised. Section(7), is not applicable because no coastal engineering structure is proposed. As per (8), according to the Natural Heritage Atlas, Salem quad, no rare species, rare habitat or certified vernal pools are proximal to or occur on site. Notice of Intent l 2 Dearborn Lane Salem, MA #8804 Riverfront As defined by 310 CMR 10. 58 The site abuts the North River. A 200-foot Riverfront Area is projected from Mean High Water. A 50 +/- foot margin of saltmarsh borders the North River. The alteration of riverfront is less than both 5, 000 square feet and 10%of riverfront on site. Measures to Protect Wetland Resource Areas All efforts will be made to avoid impacts to resource areas on-site and adjacent to the proposed project. The project, as proposed, is designed to protect the interests of the Wetlands Protection Act as defined by 310 CMR 10.01 (2). Limit of Work Stairs, decking and floats shall be built in upland. No construction activity shall occur on salt marsh except for the installation of support pilings and assembly. Floodplain According to Federal Emergency Management Agency Flood Insurance Rate Map, Salem flood panel 250102 0001 B, the site is located within A2, the 100 year floodplain at elevation 10. Natural Heritage According to the Natural Heritage Atlas 2000- 2001 Salem Quad, the site is not located within an area of estimated rare habitat or certified vernal pools. Notice ofIntent 2 2 Dearborn Lane Salem, MA IIS ATTACHMENTS IRAN C O C K 235 Newbury Street Route 1 North Dahners,MA 01923 Environmental Consultants TOM imp pdohd=04fM=fi="BmkmtW md-UmakdIW 70"1450'W WUS847U•573b•W w ` �� S Cint#iSU ,,._�.,�2 y` � a l 1r� a, _ �S¢r,• 4 i'•.>~�..�,E 5 � � �`' ,r 4 !` F� �sLa ( r NLS r s� iMIR 0 �S, a � i ` ,r �r �q :. .� • amu}`•), .,, , � ,t . �a � s���y`` ` '� ��'•� �t'`�s b�°y�'. L.000S �F'�� n /yam iv^ SM ! r Y1L Y\ ig -A Pw m 7U•54'50'W WUS&470"52W W ,fl,•�•,• 0 1L2 1lnF ib"+' ofFE7 0 soon lmom y P>mRedfmmTOP01�1999 Wt4ti�Piodeetium(mw.kpo� Prepared for: Locus Map William McKinnon 2 Dearbom Lane Salem, Massachusetts HEC File No. 8804 L) j�ll.tlV�> SURVEY 0bNC7lNGGKINU RJr-INVSRVNMCNIAL ,e`�W.z wa x�.•D�k'4t.�3 .ya. jam`#q"s.,z�- i�,#41� $S�#�.��$��a��Y� {g f 3`5'"' "s#K�k. ,.`�e��`�s�, ��«o 'w�x,. :r �?,<�isZ:.� .oa.a. �.. x xbr4 a� « L C'..$.. ..sro�:: �DC ..3S4:�"A�r.£rx;:>Y;mY'.✓' .��?t8z?.v...-.F x.-, .�.�za,.,...<.. ...,�;.z��x�.,,;�i�^ ..<<..rs�.W � JOB NAME DATE: S° fol 5 5 U?, JOB NUMBER RESEARCHER: . awcce los NAME:. . ... .... .... ...... .: . REFERENCE ADDRESS d ..... .... .�� .l .. .. t�?9g1�'A�.G'. VA--------- - �t..F7�� ...cuT.t.�.. ..t� .. ...... 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A. The name of the applicant is William McKinnon,Jr. B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality of Salem seeking to remove,fill,dredge or alter an Area Subject to Protection Under the Wetlands Protection Act(General Laws Chapter 131,Section 40). Activities Proposed: The applicant is proposing to construct a pile supported walkway and seasonal float. C. The Address of the Lot where the activity is proposed is 2 Dearborn Lane t D. Copies of the Notice of Intent maybe examined at Salem Conservation Commission between the hours of See and Below on the following days of the week: For more information,call: Check one:This is the applicant representative or other El(specify): Commission Name of Representative: Hancock Environmental Consultants E. Copies of the Notice of Intent may be obtained,for a fee, from either(check one)the applicant ❑,or the applicant's representative ❑,by calling this telephone number (978)-777-3050 between the hours of 8 AM and 4 PM on the following days of the week: M—F F. Information regarding the date,time, and place of the public hearing may be obtained from: Salem Conservation Commission by calling this telephone number 978-745-9595 between the hours of 8 and 4 on the following days of the week: M-F Check one:This is the applicant ❑,representative or other (specify): Conservation Commission NOTE:Notice of the public hearing,including its date,time and place,will be published at least five (5)days in advance in the Salem Evening News (name of newspaper) NOTE:Notice of the public hearing,including its date,time and place,will be posted in the City or Town Hall not less than forty-eight(48)hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP,call: Central Region: 508-792-7650 Northeast Region: 978-661-7600 Southeast Region:508-946-2700 Western Region:413-784-1100 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, John G. Dick, hereby certify under the pains and penalties of perjury that on May 16, 2003, I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April, 18, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by William McKinnon, Jr. with the Salem Conservation Commission on May 16, 2003 for property located at 2 Dearborn Lane. The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to the Affidavit of Service. IGMYo3 Joh G. Dick Date