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64-509 - 8 DEARBORN LANE - CONSERVATION COMMISSION V3�-CI- S � I a A ' e po `� I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown G. Recording Information Prior to commencement of work, 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: 8 Dearborn Lane #64-509 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex 3676 County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: ISY69 363 Book Page In accordance with the Order of Conditions issued on: 10-28-2010 Date If recorded land, the instrument number identifying this transaction is: 119 Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.0 5/1 912 01 0 Page 12 of 12 4 nP CITY OF SALEM CONSERVATION COMMISSION September 26, 2011 Rich Brennan K&B Excavating 105 Mason Street Salem, MA 01970 Re: Order of Conditions—DEP #64-509-8 Dearborn Lane Dear Mr. Brennan: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period (as of the postmark or hand delivery of this order), 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, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-509 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. Please note in the Order any additional conditions that must be complied with before the start of construction. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devin Con rvation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office v Attachment to Order of Conditions # 64-509 7� Page 1of 6 u.� SALEM CONSERVATION COMMISSION DEP FILE #64-509 8 Dearborn Lane City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (October I, 2008) 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 50. This order permits the in-kind replacement of the failing seawall at 8 Dearborn Lane in Salem. Per Massachusetts Department of Environmental Protection and Division of Marine Fisheries comments on the project, no coastal structure may be expanded landward or lateral of the existing seawall. Therefore,the new seawall shall be within the footprint of the existing wall. In order to stabilize the unprotected bank between the seawall and the property line, a vegetation plan must be submitted to the Conservation Agent prior to start of construction, and said plan must be implemented prior to the issuance of a certificate of compliance. I addition, an erosion control plan must be submitted for review to the Agent prior to construction. Work shall take place during dry periods and no machinery may be located seaward of the coastal bank. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety (including all 6 pages of Special Conditions) 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 50. 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 on site,a DEP Sign showing DEP File#64-509 must be installed at the entrance to the site and seen from the public way, but 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. Attachment to Order of Conditions # 64-509 = T. ` Page 2of 6 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 13 I, 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. 21 A 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 Bowman Residence; 8 Dearbom Lane, Salem, sheets 1, 5, 6, and 7 (Title) 5-10-11 (Dated) Frank D. Defalco (Signed and Stamped by) Attachment to Ordcr of Conditions # 64-509 i Page 3of 6 City of Salem Conservation Commission (On file with) Survey Plan of Existing Seawall (Title) None (Dated) Gerald Ralph Marsella (Signed and Stamped by) City of Salem Conservation Commission (On file 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 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 must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at (978)619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. 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 Agent 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-constriction 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. Attachment to Order of Conditions # 64-509 Page 4of 6 21. There shall be sufficient erosion control materials stored under cover on the site to be used for emergency erosion control purposes. 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 any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent 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. 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 than two(2)months, a temporary cover of rye or other grass should be established torevent erosion and sedimentation. If the season is not appropriate riate for plant P 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. ` L'2s Attachment to Order of Conditions # 64509 Page 5of 6 MV 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 21 A, 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 (W PA 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: (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 Agent has authorized their removal. ADDITIONAL CONDITIONS 43. Prior to start of construction, applicant shall submit an erosion and sediment control plan to the Conservation Agent for review and approval. A i Attachment to Order of Conditions # 64509 Page hof 6 44. Prior to start of construction, a vegetation plan for the eroding bank south of the seawall shall be submitted to the Conservation Agent for review and approval. Approved vegetation plan must be implemented prior to the issuance of a certificate of compliance. 45. No machinery may be placed seaward of the coastal bank. 46. Work shall be conducted during periods of low tide when no storm surge is forecast. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 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 Please note: Salem this form has t. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Barbara Bowman Important: a. First Name b. Last Name When filling out forms c.Organization on the 8 Dearborn Lane computer, use only the d.Mailing Address tab key to Salem MA 01970 move your e. City/Town f.State g. Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. r� a. First Name to. Last Name a Organization renin d. Mailing Address e. City/Town f.State g. Zip Code 5. Project Location: 8 Dearborn Lane Salem a. Street Address b. Cityrrown 36 503 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d m s it m s d. Latitude e. Longitude wpaform5 doe• rev.0 511 912 01 0 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b. Certificate Number(if registered land) 15469 303 c.Book d. Page 10-4-2010 9-22-2011 9-26-2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Bowman Residence, 8 Dearborn Lane, Salem (5 sheets) a.Plan Title Hobbs Endeavor Corporation Frank D. Defalco b. Prepared By c.Signed and Stamped by May 10, 2011 Varies d. Final Revision Date e. Scale See attached listing f.Additional Plan or Document Title g. Date B. Findings f. 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. ® Fisheries f. ® Protection of Wildlife Habitat 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 conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpafcrm5 doc• rev.05/1912010 Page 2 0f 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 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.) 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 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linearfeet b. linearfeet c.linearfeet d. linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under a. Waterbodies and square feet b.square feet c.square feet tl.square feet Waterways e.c/y dredged f.Gy dredged T ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storagee.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet (i cubic feet e.cubic feet f. cubic feet g. ❑ Riverfront Area t�roi�, rom b.total sq.feet Sq ft within 100 ft - �,,,,,,o r,of d.square feet f.square feet Sq It between 100- 200 ft h. square feet roof j. square feet wpaform5 doc• rev.05119=10 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement to. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.Gy dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. [:1 Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment E] Coastal Dunes cu yd cu yd 14' a.square feet b.square feet c.nourishment d. nourishment 15. ® Coastal Banks 30' 30' a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.squarefeet b.square feet 17. ❑ Salt Marshes a.square feet b. square feet c.square feet d.square feet 1s. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.Gy dredged m ❑ 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.Gy dredged b, Gy dredged 21. ❑ Land Subject to Coastal Storm a. square feet b. square feet Flowage wpalorre5.aoc• rev.05119/2010 Page 4 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction 0 Salem Citylrown B. Findings (cont.) "#22. If the 22 ❑ Restoration/Enhancement project is for the purpose of restoring or a.square feet of BVW - b.square feet of salt marsh enhancing a wetland 23. ❑ Stream Crossin S resource area Crossing(S): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bvw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 ry � amount here. 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 9/26/2014 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. wpatorm5.tloe• rev.0511912010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 I� 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 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 #64-509 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 #13 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. vvpafcrm5.doc• rev.051192010 Page 6 0l 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 - Order of Conditions Massi EP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# 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 (1) ❑ is not(2)® 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 may be 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. wpaform5.tloc• rev.0 511 912 01 0 Page 7 of 12 l Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 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.) 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 BMPs 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(0 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 BMPs. 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. f) 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. wpaforro5.do • rev.091912010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 — WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City(rown 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): See attached wpaform5.doc• rev.M1 9/2010 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown 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: Wetlands and Conservation Ordinance Ch. 50 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): Attached special conditions, issued in order for the project to comply with the Wetlands Protection Act and associated regulations, are sufficient for the project to comply with the local ordinance. No additional condiditions are issued under the local ordinance. wpaform5aoc rev.0511912010 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-509 j WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town E. Signatures Important: This Order is valid for three years, unless otherwise specified as a special " -� When filling out condition pursuant to General Conditions#4,from the date of issuance. 1. Date of Issuance forms on the computer, use Please indicate the number of members who will sign this form. only the tab key This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers to move your cursor-do not The Order must be mailed by certified mail (return receipt requested) or hand delivered to use the return the applicant. A copy must be mailed, hand delivered or filed electronically at the same key' time with thea ropriate MassDEP Regional Office. clai Q Sig a ❑ by hand delivery on Ycerti'led mail, return receipt CrequAsted, on 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. wpa5sigs.doc• rev.02/25/2010 PagettG- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-509 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transection# Salem City/Town G. Recording Information Prior to commencement of work, 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: 8 Dearborn Lane #64-509 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: 10-28-2010 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 wpaform5.doc• rev.051192010 Page 12 of 12 '��.. � 1'C ;f�`S_��'�PI � fw ,a9ro tl t `fi ;:i"VG+ ���{///�' .r+�yy t;• J 77 R�a - ai Ind / ti�a�d a'a�s J}t` f 7A .g �,` s . �. �} �^"�'� � „3 3 � t r. 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O 7257 _T 06� � 9,.. ml N&2"80 i...._ SMN Eanem9 aSnu :•._. _ LARCH AVENUE m-1 T ee1•-250-od'W s �a j qd icq,.fe S rep /ice" pro (o' Re hp t- AS5E5SoR 5 MA P 3�o Lor o 5 o 3 .l-_ cda7 K'C F Y TitAT 'TN 6 ��� GolVG2�`1' C SEl-�W/�L1r S 1 Tc qs SHowN , -'T' WAS OE-reRMiNE P (Vi IV f7ROM A SURVEY -ON Y �s -rHe sI-re . _ v J �F' J of Al ti Iv NO.2D72 1-3t ya LY 3 a S ,"'q4 F a � Jan � 1 �'•Q'� � ll� !fit � W 2 � r ti SAMU�I Z. d� _ o o Vic7ottlA S. �qpA� Al2pG S� Cl) Syme .3 00 =rA � D y Ol 0 � a m w � RepR� - p I iES --Ttr coµG. 56AWALL �aNiNG (�� Sc,o.LE • AG'Pf2oX. diN=IdFT SC-ALC SOFT', MOMS ENDEAVOUR-CORPORATION Consultants in the Engineering Sciences _ 34 Rockland Street, Swampscott,MA 01907 978.857.8848 wlhanchordown@gmail.com JOB: r-) C -e Sheet no: . _ _ of 7 , Engineer: tq. /k,, Date: .fes?/e-n, ._ -. _... . ... . y f w vcw 61L� _ �I M \ PR-4a7f v z E'�Poat!►", f'ibfildh Cl. ,� � n 6v r A%n X16 J I Rw-r L�wi3R- P�.vUa�P.5 Oct (M ' 1zcSG�f7l��t� M� iF4POM::F>f" 'C`, Qe C'a 'N6 J 9j t­cln o j GiNOrt�� - OX�e `Gt7 c p G_ rcert /_z t' tTGb r11RoFiV F+nrloo SECTION B TYPICAL WALL HOBBS ENDEAVOUR CORPORATION Consultants in the Engineering Sciences- 34 ciences 34 Rockland Street,Swampscott,MA 01907 978.857.8848 wlhanchordown@gmail.com JOB: 6 v �' X'_t S Gf e oI C e Sheet no: . . of . 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Phi Wow �-69e /4R' 6�P-AthLr 0 Fvf A5R LJlluo�l{ M�fAL Y'oRM FIN 15N •hr1kW F"0106 A L✓ !o✓i 11.p "FLfj6Rh A; 4o Eoaeh _ Ebl.6 9 I W w oe prl{ \�\ r II LI�'r Il.v° < � I G 1 T I 'on 42 DETAIL A _ TYPICAL WALL BLOCK HOBBS ENDEAVOUR CORPORATION - Consultants in,the.Engineering Sciences 34 Rockland Street SwampscottMA 01907 978.857.8848 wlhanchordown@gmail.com JOB: e Sheet no: _ 7 of 0 4-e 4r b OrEngineer: by/ A— Date: /O mq \N ` - — — 3'4#' HOLE LI`(o) Ilou f-HhLr GKV - �GO}c OG.s ` 4A N L 2G^S G .'FKI5H 6-ry)9 d 4 evh wo e+�Fes CT7P, PfC9 aFRWOL DEFAIM DETAIL B /o = TYPICAL CAP BLOCK Rug 02 2011 8: 11PM Hobbs Endeavour Corp 781-581 -2454 page 1 HOBBS ENDEAVOUR CORPORATION Ca mamts in ft En&eermg Sciences Lcom 34 Rockland Street.Swampscott,MA 01907 978.857.8848 wWanchordowa(d_gma9 266 Rear Canal Sacct,Salem,MA 01970 2 August 2011 Ms. Barbara Bowman 8 Dearborn Lane Salem,MA 01970 Re: Seawall at Bowman Residence Dear Ms. Bowman: This letter reports on certain conditions and circumstances regarding the granite rip-rap and concrete seawall protecting your property. it is written at the request of Richard Brennan whom you have hired to maintain the seawall. We inspected and continually assessed the conditions,at your home as related to the seawall since last May. We have prepared structural drawings for a replacement wall which will stabilize the embankment and protect your home. Since last May,we have observed that the conservation commission,for various reasons unknown to us,have delayed acting upon your request to maintain your wall. This note records that this inaction could result in failure of the embankment. It is in the process of failure with trees and foliage sloping seaward and visually disturbing movement of the soil. Further neglect of these conditions could result in overall failure of the embankment resulting in damage to your home and even injury or death to occupants- Very truly, HOBBS ENDEAVOUORATION Frank D.DeFalco,P.E.,P .S.,Ph.D. Principalpr� Page 1 of 3 Tom Devine From: Julia Knisel (julia.knisel@gmail.comj Sent: Monday, October 24, 2011 11:00 AM To: Carole McCauley; Mike Blier; Tom Devine; Amy Hamilton; Dan Ricciarelli; David Pabich; Gavin McAuliffe; Stacy Kilb Subject: Re: Does anyone have comments on this? I agree with Mike. Here's a list of plants that should tolerate the conditions of the site and help stabilize it: littv://www.mass.gov/czni/coastal landscaping/bank.htm Plant List for Exposed Areas of a Coastal Bank Grasses, Perennials, and Vines • Beachgrass. American (Ammophila breviligulata) • Cordgrass, Saltmeadow (Spartina patens) • Creeper, Virginia(Parthenocissus quinquefolia) • Goldenrod. Seaside (Solidago sempervirons) • Panic Grass, Coastal (Panicum amarum) • Switchgrass (Panicum virgatum) Shrubs and Groundcovers Bayberry Northern (Myrica pensylvanica) • Bearberry (Arctostaphvlos uva-ursi) • Fern, Sweet (Comptonta oerewina) • Heather, Beach (Hudsonia tomentosa) • Juniper, Creeping (Juniperus horizontalis) . Juniper, Shore (Juniperus conferta) (not native) • Plum, Beach (Prunus maritima) Trees (only on low slopes or set back from the top of the bank) • Cherry, Black(Prunus serotina) • Oak, various native species (Quercus spp.) • Pine. Pitch (Pinus rigida) • Red Cedar, Eastern (Juniperus virginiana) • Spruce, White (Picea glauca) On Mon, Oct 24, 2011 at 10:36 AM, Carole McCauley <mccauliflower@gmail.com> wrote: E I support whatever Mike recommends. i Carole I On Mon, Oct 24, 2011 at 8:53 AM, Mike Blier<mblier@landworks-studio.comn> wrote: Tom, j 1. Rose: OK. s 2. hosta and ajuga: not so much. I1 10/24/2011 Page 2 of 3 perennial/ornamental plantings like this will provide minimal slope stabilization. further, I believe hosta and, to some extent ajuga, are more than a little sensitive to salt. For the areas behind the line of rugosa, I would suggest more hardy grasses and/or small shrubs. I hope this helps. Mike From: Tom Devine [mailto:tdevineCdSalem.com] Sent: Monday, October 24, 20118:26 AM To: Amy Hamilton; Carole McCauley; Dan Ricciarelli; David Pabich; Gavin McAuliffe; Julia Knisel; Mike Blier; Stacy Kilb Subject: Does anyone have comments on this? Dear Commissioners, This is the plantings plan for the eroding bank at 8 Dearborn. Comments are appreciated. Tom Tom Devine, Conservation Agent/Staff Planner City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 (V) 978-619-56851 (F) 978-740-0404 tdevine@salem.com I salem.com From: Tom Devine Sent: Wednesday, October 19, 20112:12 PM To: 'Michael Blier' Subject: Can you look at this? Hi Mike, This is the proposed plantings plan for 8 Dearborn Lane's exposed coastal bank. Do you have any sense of whether this would work? 10/24/2011 Page 3 of 3 Tom i I .: Tom Devine, Conservation Agent/Staff Planner E City of Salem Department of Planning &Community Development { j 120 Washington St., 3rd Floor I Salem, MA 01970 (V) 978-619-56851 (F) 978-740-0404 tdevine@salem.com I salem.com i 10/24/2011 CITY OF SALEM CONSERVATION COMMISSION STTE VISIT FARM PROJECT LOCATION: S, DATE OF SITE VISIT- 7 PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: &—"� - ,F IN ATTENDANCE: , Commission Members Agent: am=.Abutter----- Applicant Property wner I Representative SITE F—]Request for Determination F]Abbreviated Notice of Resource Area Delineation Notice of Intent ElCertificate of Compliance DEnforcement Violation ❑Emergency ❑ Informal AREAS:OFJURISDIC77ON: s INLAND RESOURCE AREAS a COASTAL RESOURCE AREAS E]Bank Land Subject to Coastal F1 Land Under the Ocean Storm Flowage 0 Bordering Vegetated Wetland ElDesignated Port Area aCoastal Beach 0 Land Subject to Flooding ElCoastal Dune El Barrier Beach 0 Land Under Water Bodies or Waterway Name: 12�Coastal Bank El Rocky Intertidal Shore F-1 Riverfront Area E] Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ElBordering Vegetated Weiland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 a TEL: 978.745.9595 FAX: 978.740.0404 e www.3A'I,EM.COM BUFFER ZONE (within 100-feet);" ElWaterBody ❑ Bordering Vegetated Weiland Bank �Coastal Beach ❑Coastal Dune tet •4Y..r-. s.Y.�.r�-r+. '� '"';37. "c�'j-�r� INTERESTS PROTECTED. _. = =P ❑Protection of Water Supply ❑ Protection of Groundwater Supply Flood Control Storm Damage Prevention ® Prevention of Pollution Protection of Fisheries Protection of Wildlife Habitat Protection of Land Containing Shellfish Is this an exempt project: If so,why? A� Are resource area boundaries delineated correctly? If not,explain. SITE VISIT=DOCUMENTATION. " ,. ,u3 '5 'ff- El Photos ❑ Site Map ❑Other: Y * ,,. M., OBSERVATIONS. 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. l,V11 11 .�.`11 / )ILL qq f U" " wily' i i �,/l � 'Rlt^-l� I IV'P r4 g�-'7 v� RECOMMENDATIONS. . -x,w II . _ _... fLer- f Commonwealth of Massachusetts Division of Marine Fisheries o Annisquam River Marine Fisheries Station 30 Emerson Ave. 1> - s Paul J.Diodad Gloucester, Massachusetts 01.930 Director (978)282-0308 fax (617)727-3337 Deval Patrick Governor Ian A. Bowles Secretary Mary B.Griffin October 25,2010 Commissioner Salem Conservation Commission Salem City Hall Attn: Tom Devine 93 Washington Street Salem,MA 01970 Dear Commissioners: The Massachusetts Division of Marine Fisheries has completed review of the Notice of Intent for 8 Dearborn Lane in Salem,MA. The proposed work is bank stabilization through the removal of a failing retaining wall and installation of boulder riprap to extend 5.5 feet seaward of the existing wall to connect with adjacent riprap. Below we provide comments and recommendations on the project's impact to marine fisheries resources and habitats. The site is near the mouth of the North River in the vicinity of coastal beach,mudflat and saltmarsh habitats. The intertidal and shallow water areas on and adjacent to the project site support shellfish habitat for soft shell clam(Mya arenaria), spawning habitat for winter flounder(Pseudopleuronectes americanus) and migratory and spawning habitat for diadromous fish species including rainbow smelt(Osmerus mordax), white perch(Morone americana)and American eel(Anguilla rostrata). Much of the North River is degraded due to years of industrial pollution and coastal development. Overtime shoreline armoring has reduced the function of coastal bank,coastal beach and mudflat resource in the North River making preservation of remaining resource areas even more important. • We recommend that the applicant clearly depict the delineation of resource areas on all project plans, including MLW,MHW, coastal bank,coastal beach,mudflat and saltmarsh. • We recommend that the applicant minimize seaward encroachment of the proposed riprap or other shoreline stabilization method. The proposed 5.5 feet of seaward encroachment would represent a loss of coastal beach and shellfish resource that may require mitigation by DEP or the Army Corps of Engineers. Thank you for considering our comments in your review. Please contact me if you have any questions. Sincerely, N. Tay Evans Marine Fisheries Biologist and Technical Review Coordinator CC. K.Ostrikis(DMF) P.Gifford(Salem Harbormaster) 2 MADEP http://pub I i c.dep.state.ma.us/wetl and/wetl and.aspx Public Access to Wetland Notices of Intent Search Criteria: Instructions Region: Find Your_HFgon ADEL File Noners,a„nd Orders Online 1111.. 1111. _. ........ ..___ City/Town'.,SALEM Start Date: 8/12/2010 End Date: 11/12/2010 Results per page:'I 100 i. Search Clear '. The search rewmea 9 raswysl.oiapiakine 100 record:per page. NOI 10 YWllice 'Brahcan,'a Applicator S,I-cosprocc. Company Rha.itnn,Tpwn Comments -Dake ':F51N.. I-apthl.. 9640509 'I,10/812010 (BARBARA BOWI.VW 'B DEARBORN kE S EM'Applicant has choice of¢Ther '.. LANE :Inkind coacemenl of esiorog —11 no esc,"",wall rid, p pl n toe of seawall"ging I back Itluwrtl.Riprap cannot be pieced on beach.In other w,tls, Prap cannot be enhanced beyond (man,seawall location.The ease 111.to,In,G an le steps " W..dcn khopc vuultl be acceptable �06d0508 _9/1]/2010 WPAREN SIpRE d IUNTED rtNE iSALEM: hNELOGY STATES NOdoorstops WAY BpLOGICAL y06d-050] 9IId2010 iAOB..ET6 GKSON :IDCOL UB c/OTIE ? SALEM iAMWE (AVENUE IGROUPORIN, INO Comments RO S _1311 __.._. -------------- 164 . _.O6d 0505 OI3II2010 N TH STEADMANI MPRTIN NE SALEM pp LANE C—moons 1 �._._ 1111... 064 0504 BiJI12010 KENNETH" STE40MAN,d MARTIN U£ BALEM ree. be Around ILArvE dawmetl Her nlo�m ._. _ 1 064-0a06 Bp 010 1 KENNETH STE4DM4N 1MARTIN INE SALEM NO Can ens LANE 1111. 1 _. 1111 064 0503 130S010 ROBERTT Lt-TTS RAGIIEL .NE SALEM !STREET -[-TTS STREET ;AEVCCAnL a01 ater Onallt,Can required :TRUST 0640 2 81272010 JEFF H]LLORAN'1<PEARL IE EM 0qC necu ISTREET 1111... 1111. 1111. I ..... I I of I 1/12/2010 11:09 AM ILlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent MassDEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/Town Important: A. General Information When filling out , forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site only the tab key p j ); to move your ear 6 S'a e m cursor-do not 8 D — orh Lane 171970 use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: d.Latitude e.Longkude NOLP -36 f.Assessors Map/Plat Number g.PLD/Lot Numbero3 2. Applicant: Box 0'r4otAjn,a� a.First Name b.Last Name Note: Before c.Organization - completing this form consult --8__liear b o r n L qh e- your local d.Street Address Conservation &A I e-}h q� A O Commission a.C M Q' qq-7/Town — regarding any f.State g.Zip Code municipal bylaw Sob- 89- 32o Mrs 'R M R 2 Corn ut . nef or ordinance. h.Phone Number i.Fax Number /.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner Bar bar601�1Mavi a.First Name b.Last Name c.Organization A lVo r-born Lekn p— d.Street Address Sol I em I^'l a 62197 o e.City/Town f.State St,�- 9.Zip Code i. Phone Number i.Fax Number /.Email address 4. Representative (if any): Richard gr- nn0./1 a.First Name b.Last Name k+-B £_x avallng c.Company 105 I"1 a ron S-*ra&± d.Street Address .Sq Ieno P1a p19� o e.City/Town f.State VO 265 2897 97874y 910 3 /2nn8230 ao g ZICoM PCode . h.Phone Number i.Fax Number /.Email address 5. Total WPA Fee Paid(from N01 Wetland Fee Transmittal Form): 4 ,50o. - 237• So 262, 5o a.Total Fee Paid b.State Fee Paid a City/Town Fee Paid wpaform3.doc•rev.04/08/09 .Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40Document Transaction Number, C ry/rown A. General Information (continued) 6. General Project Description: Re-mave : A; I1r1Q Concre)k r-e- ininol I� nsFall silf fiabrl� and �� 112L�a e nK (53t) W li� koo lae-rl r�P-raP along Lia ee 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: Ess e a.County b.Certificate#(if registered land) 15469 _ �O3 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 a ❑ Bank narrative 1.linear feet 2.linear feet explaining how the resource b. E] 9 BorderingVegetated area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet q z.square feet Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev.04/08/09 Page 2 of 8 Massachusetts Department of Environmental Protection Provided by MessDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number 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. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s.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. ❑ 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 submit to the 2.cubic yards dredged Department. c.❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d.® Coastal Beaches -250 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpaform3.doc•rev.04/08/09 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent MassDEPF File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number C ty/Town B. Buffer Zone 8 Resource Area Impacts (temporary &-permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. Coastal Banks 205 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. El Land Under Salt Ponds 1.square feet 2.cubic yards dredged i• ❑ 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 LX Land Subject to 1.cubic yards dredged /83�/(� 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 BVW b.square feet of SaMa 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/Wetiands 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/reciulatory review/priority habitattonline viewer htm. a. ❑ Yes 9 No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 10-1- 08 Route 135, North Drive b.Date of map Westborough, MA 01561 wpaform3.doc•rev.04/08/09 Page 4 of 8 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent MassDEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number cityrrown C. Other Applicable Standards and Requirements (cont'd) 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 ('ncluding description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfvv/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to"Natural Heritage& Endangered Species Fund" 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, http://www.mass.00v/dfwele/dfw/nhesp/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 hftp://www.mass.gov/dfwele/dfw/nheso/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.04/08/09 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands � MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number El Clty/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.X Yes ❑ No If yes, include proof of mailing or hand delivery of NO] 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- North Shore Office Southeast Marine Fisheries Station Attn: Environmental Reviewer Attn: Environmental Reviewer 30 Emerson Avenue 838 South Rodney French Blvd. Gloucester, MA 01930 New Bedford, MA 02744 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. ❑ Yes 19 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 y supplementary a. ❑ Yes gi 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 K 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. i.❑ 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.X No. Check why the project is exempt: t.fK Single-family house wpaform3.doc•rev.04/08/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: ` Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number 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(NCI), 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:*9 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.X 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. a. ❑ List the titles and dates for all plans and other materials submitted with this NOL a.Plan Title b.Prepared By ,c.Signed and Stamped by d.Finat Revision Date e.Scale f.Addg.Date s. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. s.❑ 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.04/08/09 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent MassDEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Cay/Town E. Fees t. ❑ 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: 2532 '0- y-'0 0- y-/0 ate 2.Municipal Check Number 3.Check d 2533 /o- - 10 4.4.State Check Number 5.Check date Rarbara Bo . man 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. I'Sign re o Appli-a �D - �/-/O 2.Date Ci /O - y-/o 3.Sig ture of P oparrty Ow r(if different) 4.Date 5.Signature of Representative(rf any) 6.Date 41 0 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. wpaform3.doc•rev.04/08/09 Page 8 of 8 Massachusetts Department of Environmental Protection Bureau of.Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important_ A. Applicant Information When filling out forms on the 1. Applicant: computer,use p only the tab key rear 6 o.ra B to move your a.First Name 8014 Ma In cursor-do not b.Last Name use the return key. c.Organization // 8 / 99f 6a r,) La 7)e. a rotanmg Address C'nlew, MeL 0 / 9 0 e.city own f.State g.Zip Code 5oB 78 oy �.Email AdM/rs dresB sM@ h.Phone Number i.Fax Number a 0 in C4 St n ef' 2. Property Owner(if different): arbwra Bowman a.First Name b.Last Name c.Organization 8 Depr.horn Lame d M[ai1ling Address q le 01970 e.City/Town f.State g.Zip Code 5a _ 7��-32 ��c QMb@ Come t Ae-+ h.Phone Number i.Fax Number �.Email Address 3. Project Location: 88 De�r6ofn LmneLmn� sc, Iem a.Street Address b.CitylTown To calculate filing fees,refer B. Fees to the category fee list and The fee should be calculated using the following six-step process and worksheet. Please see examples in the Instructions before filling out worksheet. instructions for filling out Wpq Ste 1R a of Activity: Describe each type of activity that will occur in wetland resource area and Form 3(Notice of P yP tY� yp Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified 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/Total 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. Wpaferm3.dm•Wetland Fee TmnsmftW Fonn-rev.2r2l= Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Ca14ejory 2T 500. 00 ' Step 6/Total Project Fee: Step 6/Fee Payments: Total Project Fee: .50 0 , a.Total Fee from Step 5 State share of filing Fee: 2 3 7' S b. 1/2 Total Fee less$12.50 Cityrrown share of filling Fee: 2 6 2 - SV c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this forth;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) WpabrmIdw•Wedand Fee Trammitlal Fmm•rev.2/ IM Page 2 N 2 - I CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION- Conservation Commission PROJECT SITE: g De arl o-n f,a ae saaF ats DATE: October 4, 2010 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are"abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s)of land listed above as the project site. Assessor's Signature: ' Date: lC) Number of initialed pages attached: Once Certified, Return to: Frank Taormina,Department of Planning and Community Development 36_0492_0 HANSCOM WAYNE 10 BAY VIEW CIRCLE SALEM,MA 01970 36_0476_0 . TUCKER PAUL F 14 BAY VIEW CIRCLE SALEM,MA 01970 36_0475_0 WEINER NOMINEE TRUST 16 BAY VIEW CIRCLE SALEM,MA. 01970 36 0504_0 DEVOE DAVID H 10 DEARBORN LANE SALEM,MA 01970 36_0502_0 PAPALARDO SAMUEL L IR 6 DEARBORN LANE SALEM,MA 01970 36 0503 0 DEARBIRN NOMINEE TRUST 8 DEARBORN LANE SALEM,MA 01970 CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act &the City of Salem Wetlands Protection Ordinance A Public Hearing will be held at Salem City Hall Annex, 120 Washington St, 3rd fl., Salem, MA at 6pm on: fdatel /®--L9 -2ol0 -- i Ht1RSnay E—VEA.IiAl 3 cw rM To consider a Notice of Intent for: lapplicantnaznel Rar ltara Rowmar S (Dearborn Lane- For the property located at Larldress and map&lot number(if]mown), /t1aj� 310 Lot 0503 For 1proiect descriptionl-Fern oye f o (i n a eo n r -eke ire i n ("a"' -Xh-L4`11 Si t fq b ric 6inj S�(_ lize Ui of eoasFal hanK w±L baoIders and rip ro-p ctf e a� Slope . This is a public hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the Salem Wetlands Protection Ordinance and Regulations. Plans are available at the City of Department of Planning and Community Development, City Hall Annex, 120 Washington Street, 3° floor, Salem MA from Sam-4pm Mondays thru Wednesdays, 8am-7pm on Thursdays and 8am-12pm(noon) on Fridays. For more information please contact the City of Salem Conservation Agent at 978-619-5685. Note: Notice of the public hearing, including its date,time and place,will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing, including its date,time,place,will be posted on the Public Meetings Bulletin Board in Salem City.Hall,93 Washington Street, Salem,Mass not less than 48-hours in advance. Note: Please submit written comments to the Salem Conservation Commission, City Hall Annex, 120 Washington Street, Salem,MA 01970 by the public hearing date. Comments can also be emailed. Please contact the Conservation Agent at 978-619-5685 to confirm email address. Note: You also may contact the nearest Department of Environmental Protection (DEP) Regional Office for more information about this application or regarding the Massachusetts Wetlands Protection Act. To contact DEP call: Central Region: (508) 792-7650 QNortheastRegion: (978)694-3200 Southeast Region: (508)946-2714 Western Region:g� (413) 784-1100 Project Status Sheet Address: DEP #: Application Type: /U o Contact Name: Phone: Date Submitted: WIV 1��( �� �S 7 PP/-( P(�� P engI_r 7l Application Complete TAbutters List Requested i2F Received ��Legal Notice Sent L�Legal Notice Confirmed XAdded to Agenda +;Agenda to Applicant Hearing Opened: Lolly Continued: �ty1� Site Visit: ZVV- B'Abutters Notice Confirmed Order of Conditions Sent to Applicant and DEP Confirmation of Delivery El Applicant Recorded OoC with Registry Notes: OOC, c� o