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64-432 - DERBY STREET - CONSERVATION COMMISSION Icl _ s. CITY OF SALEM ab¢ E CONSERVATION COMMISSION October 21, 2009 Patricia Trap National Park Service 174 Derby Street Salem, MA 01970 Re: Extension Permit for Orders of Conditions—DEP#64-432 Construction of the Pedrick Store House on Derby Wharf Salem,Massachusetts Dear Ms. Trap: Enclosed, please find the Extension Permit for Orders of Conditions for the above referenced project. The attached Extension Permit 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 3 of the Extension Permit, which will indicate to the Commission that the document has been recorded. This extension permit is good until October 4, 2012 and allows you to complete the drainage work at the Pedrick Store House project on Derby Wharf as described in the original Notice of Intent filed on August 31, 2006. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, A Lallo-v ))r- Carey Du ues Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Patricia Trap computer, use Name only the tab key to move 174 Derby Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code �dl M I I 2. Property Owner(if different): United States Name mm Mailing Address City/Town State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: October 4, 2006 Date for work at: 174 Derby Street Map 35 Lot 408 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex 26940 5 County Book Page Certificate(if registered land) is hereby extended until: October 4, 2012 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Conservation Commission wpaform7.dw•rev.7/14/04 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Find' g Infor ation (cont.) This O er of Condit' ns Extension must be signed by a majority of the Conservation Commission and a copy nt to the plicant and the appropriate DEP Regional Office. Signatur Notary Acknowledgement Commonwealth of Massachusetts County of Essex 24 September 2009 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared D. Pabich, R. Christie, K. Cornacchio, M. Blier, and C. McCauley, Name of 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 Cityrrom CAREY R.DtXXM f arr�`iwo tiN vilin A Signature oNotary Public Carey R. Duques Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) w form]Goc•rev.I/14/04 Page 2 o13 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Project Location DEP File Number has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant w form7Acc•rev.7/14/04 Page 3 of 3 N Carey Duques From: Dave_Kayser@nps.gov Sent: Wednesday, September 16, 2009 11:11 AM To: Carey Duques Subject: revised Pedrick letter Attachments: pedrick extension.doc I' pedrick xtension.doc(28 Ki? Hi Carey- the letter I sent you yesterday was my first using Word 2007, which I discovered has some weird formatting issues. I figured out how to get around them, so attached is a much better looking letter that I hope the Commission will review favorably. dave (See attached file: pedrick extension.doc) No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5. 409 / Virus Database: 270. 13. 100/2375 - Release Date: 09/16/09 05:51:00 1 Y1 ... September 15, 2009 Mr. David Pabich Salem Conservation Commission Department of Planning and Community Development 120 Washington Street Salem, Massachusetts 01970 Dear Mr. Pabich: We have been informed by Conservation Agent Carey Duques that Salem Maritime National Historic Site's Order of Conditions for the Pedrick Store House project on Derby Wharf is due to expire on October 6, 2009. With this letter,we are requesting a three-year extension for existing project DEP#64- 432. An extension is needed due to more stringent-than-expected engineering stipulations and delays brought on by additional contracting requirements. The building is now fully enclosed, underground roof drain work is expected to be completed this week, and clapboarding, doors, and windows will be installed next spring. If you have any questions on this matter you may contact me by phone at 978-740-1690 or by email at clave kayser@nps.gov.Thank you for consideration on this matter. Sincerely, David Kayser Museum Curator a DPAI C CI NAGE Boor ro RECET£OOWNSPoIR ty Ii sue—suRFILE CIJPm PVC a•SWD WNL RC PIPE TO DMNME TRENCH sCREFNm OrEMLDw NOTE: fiLSX WRH SURFACE DUWE TRENCHES AAE TO BE RUED WNX 1/Y-2-STONE AND UNED PER FORNE➢FVC PIPE ..FILTER FABRIC ON TOP,80 T0L1.AND ALL SIDES. DRNNACE TRENCHES W IN 2'X 2'X 19' WILL BE ONERWD WH TOPSOIL(ON TOP OF FILTER FABRIC)AND SEEDED. O NAGE TRENCH WEST ELEVATION NORTH ELEVATION Pcaa�m Dw�wc xo. W� ROOF DRNNAGE — �W /1/�2 SECTION FxNiPxP„o. SLL£N NMNINE NATON&HISTORIC S �� AUG J, 20 2 PF 2 MEL ) > ) | IN , | | | j - � \ § � --�--� m—� � \: : . . .a . .- , —« — a �--�«�. \\\ - _--------- . ---�-« �---- � � -- ---- . . � .�� .. � • —_ ---�- ! " | , � | . | � Carey Duques From: David_Bittermann@nps.gov Sent: Wednesday, August 05, 2009 3:10 PM To: Carey Duques Cc: Dave_Kayser@nps.gov Subject: RE: Pedrick Drainage Concept Sketches Attachments: Pedrick Proposed Drainage Concept Rev 1.pdf Pedrick Proposed Drainage Conc... Carey, Here are revised versions of the plans with the additional information. Thinking more about the proportion of rainwater that the northerly downspout may receive (depending on the pitch of the gutter it may be as much as 2/3 northerly vs 1/3 southerly as opposed to 1/2 northerly vs 1/2 southerly) , I 'm proposing to lengthen the drainage trench on the northerly end of the building accordingly. This is based on the fact that the eave of the historic building is irregular, and as a result we don't have precise control over the pitch of the gutter. Regards, David (See attached file: Pedrick Proposed Drainage Concept Rev l.pdf) David Bittermann Senior Project Manager NPS Northeast Region, CFM/APEM 115 John Street Lowell, MA 01852 tel 978-970-5128 fax 978-970-5121 "Carey Duques" <CDuques@Salem.co m> To <David_Bittermann@nps.gov> 08/03/2009 09: 34 cc AM <Dave_Kayser@nps.gov> Subject RE: Pedrick Drainage Concept Sketches Thanks David. If you can please provide the dimensions of the pipe, its depth, spec for the gravel backfill, etc that would be great. That way we have a full plan to review. Once I have this from you I will forward it to the Chairman. -Carey 1 Carey R. Duques, AICP Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem, MA 01970 (p) 978-619-5685 (f) 978-740-0404 cduques@salem.com www.salem.com -----Original Message----- From: David_Bittermann@nps.gov [mailto:David_Bittermann@nps.gov] Sent: Friday, July 31, 2009 4 :31 PM To: Carey Duques Cc: Dave_Kayser@nps.gov Subject: Pedrick Drainage Concept Sketches Hi Carey, Thanks again for meeting with us today. Per your request, I am transmitting a pdf file that contains the two concept sketches for the drainage. At some point, we'd be happy to delineate these further with notes, dimensions, title blocks, etc. Let me know if you need this now or whether we should just include it with the "as-built" package at the end of the project. Also don't hesitate to get back to me with any further questions. Regards, David David Bittermann Senior Project Manager NPS Northeast Region, CFM/APEM 115 John Street Lowell, MA 01852 tel 978-970-5128 fax 978-970-5121 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8 .5.392 / Virus Database: 270. 13.38/2274 - Release Date: 08/03/09 05: 57 :00 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8 .5.392 / Virus Database: 270. 13.49/2294 - Release Date: 08/10/09 06:10: 00 2 ol�J 43-�3� KWIC, o , :ts 10.57 4 MM ' N\\5 � ' `Yv 617.5 3-8lr3 U Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C(� \' G. Recording Information RG V I V E'#�Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in w Ich the land is located,within the chain of title of the affected property. In the case of recorded land, the J U N 2 5 2007 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 regi i Order shall also be noted on the Land Court registered land this DEPT.OF PLANNING&Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information COMMUNITY DEVELOPMLVPage 7 of this form 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: 174 Derby Street Derby Wharf 64.432 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner - and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Cj2 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.doo• rev.3/1105 - Page 9 of 9 ,.a Lf rri ,ri ,�., i: G' C2, rn Ili y U u U - - Q `I _1 .J w !'- F- 2 .-, f-- ID tD Cl if, k a, �,Na a Ili f. . m I- H . 1- , X a, tL li I l,- Oi Lil t..- I'D W (r- m W e .% W W W 1}1 CJ L .e. P'.1 L T LL 1 W 41 W LLJ w W N ,L �.1 Lt. ,L If, LL a. Ill Lt. W CL. L L f � CITY OF SALEM �p CONSERVATION COMMISSION October 4, 2006 Patricia Trap National Park Service 174 Derby Street Salem, Massachusetts 01970 Re: Order of Conditions—DEP #64-432 174 Derby Street, Derby Wharf, Salem, Massachusetts Dear Ms. Trap: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of October 17, 2006), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 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, this Order must be recorded, a sign shall be displayed showing DEP File #64-432 within public view, and contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978.745.9595 x 311. Sincerely, ( ; CY Carey Duques Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WVJW.SALEM.COM ILIMassachusetts Department of Environmental Pro Bureau of Resource Protection -Wetlands taction WPA Form 5 — DEP File Number. Massachusetts Wetlands Protection ACM Conditions O 64 x32 §4 A. General Information Important When filling From: Salem out forms on 1.Conservation Commission the computer, 2. This issuance is for(check one): a. Order of Conditions b. use only the tab key to C1 Amended Order of Conditions move your 3. To: Applicant cursor-do not Patricia use the return First Name Trap National Park Service key a. b.Last Name 174 DerbyStreet c Company d.Mailing Address SAlem e.CityrTown MA 01970 E State Code 4. Property Owner(if different from applicant): g.Zip United States a.First Name b.Last Name c.Company d.Mailing Address e.CityiTown _. S. Project Location: f.State g.Zip Code 174 Derby Street a SbeetAddr�s Salem Map 35 b.C(Town c Assessors Map/Plat Number Lot 408 Latitude and Longitude, if known (note: d1 52 ONumber electronic filers will click for GIS locator): 42.520600 Latitude -70.886639 f.Long@ude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County 3114 b Certificate(fi reentered land) 231 - - Auvust 31 2006 d.Page y Dates: September 28 2006 OD a.Date Notice of Intent Filed b.Date Public Heari Closed 08 8. Final Approved Plans and Other Documents(attach additional plan or docume issuaff t references as needed): Resource Area Identification Ma a.Plan Pisani b:PreparedBy- - May 9 2006 c.Signad and Stamped by d Final Revlswn Date 1"=24' 0.Scale Pedrick's Warehouse Site Altematives Key Plan, Front Elevation, Side Elevation 10/24/2005 Construct New Foundation&Install Site Utilities for Pedrick Store House 4 plans g.Date wpawffn5.em• ret..•pt/p$ Pepe i d g LAMassachusetts Department of Environmental Protection . Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. 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: a. ® Public Water Supply b. ® Land Containing Shellfish a ® 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. Denied because: b. Q 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 these interests, 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 Acts 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 10.06t6Nci. Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration- Alteration Replacement Replacement a. ❑ Banka.linsarfeet b.linear feet alinear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet T squarefeet d.square fast 6. ❑ Land Under Waterbodies a.squarefeet b.squarefeet c squarefeet d.square feet and Waterways e.Cu Yd dredged f.cu.yd dredged wperormS dw- rev.31V05 Pepe 2 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. El Bordering Land Subject to Flooding a.squarefeet b.square feet c.squarefeet d.squarefeet Cubic Feet Flood Storage e.cubic feet f.ebb feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.squarefeet Cubic Feet Flood Storage a cubic feet d.cubic feet e.cubic feet i.cubic feet a ❑ Riverfront area a.total sq feet b.total sq.feel Sq It within 100 It c.square feet d.square feet e.square feet f.square feet Sq It between 100-200 It g.square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean 900 900 a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.Hy noudshmt. d.rly nourlshmt 14. ❑ Coastal Dunes a.square feet b.square feet c.r/Y noudshmt. d.Hy nourishmt 15. ® Coastal Banks73 73 a.linea (feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing -- Shellfish - - asquare NO D.squarefeet c.squarefeet 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 acu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpe/wm54x• m.311M Pape 3 of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act;or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. 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, fires,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 of the 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"[or, "MA DEP°] "File Number 64-432 " vgefam5.dcc• rev.aiAs Pepe 4 of 9 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 — Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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 SA)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. 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. 18. 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. 18. All work associated with this Order is required to comply with the Massachusetts Storrnwater Policy Standards. Special Conditions: If you need more space for additional conditions, - _ selectboxto - - . . attach a text document 91 wpaform5.tla• rev.31105 Paya500 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No 2. The hereby finds(check one that applies): Conservation Commission %s. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation 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. you need more space Tor c. The special conditions relating to municipal ordinance or bylaw are as follows: s additional conditions, select box to attach a terd document ❑ xyeram5.doc, m.3n195 Papa609 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 64432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance II� 6 This Order is valid for three years, unless otherwise specified as a special 0C]b ,✓ 4 1� oA(V condition pursuant to General Conditions#4,from the date of issuance. f.Date of Issuance Please indicate the number of members who will sign this form: four(4) This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be 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, if not filing electronically, and the property owner, if different fromapplice Signator . Notary Acknowledgeme t Commonwealth of Massachusetts County of Essex On this 28 Of September 2006 Day Month Year Before me,the undersigned Notary Public, K. Comacchio, M. Blier, D. Pabich, K. Gllidden personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally 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 CAREYR.DUCUES �/ OgW01MM11M Or YNMp�IAnt Sf a MY Cam�n f3rpin. �y�'�!` 142gt� SignatureM Notary Public `" r Carey K. Duques - - - Printed Name ofNotary.Public _. Ptace notary seal and/or any stamp above August 2013 My Commissssion Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on N by certified mail, return receipt requested,on Vc-6� 1 ala Date Date wpeomd.doo• m.3MM5 Pep 7 ofa ILIMassachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 64-432 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 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 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 Departments 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 Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G,Recording Information Is available on the following page. wpabnY6.doc• rev.&iM6 papeada Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 641132 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form 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: 174 Derby Street Derby Wharf 64.432 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for. Property Owner and has been noted in the chain of tide of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number - - If registered land, the document number identifying this transaction is: Document Number Signature of Applicant �paarrn&dw- m.311105 Page 9 of 9 Attachment to Order of Conditions # 64-432 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE#64-432 174 Derby Street,Derby Wharf City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage & Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City Of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the relocation of an historic timber-&arced warehouse,approximately 24 feet by 44 feet and 2 stories tall, known as Pedrick's Warehouse, to the western side of Derby Wharf on the landward end of the Friendship. The project includes the installation of a Bost wall to rum the length of the warehouse, seven (7) footings,connections to the existing timber bulkhead,and seven(7)pilings to be located within the water to support a wooden apron to extend out from the warehouse. The project will be completed in phases and the Commission's approval of this project is contingent on the applicant receiving a Chapter 91 license, because the entire project is located in filled tidelands and water owned by the Commonwealth of Massachusetts. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all S pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-432,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. sP�?. Attachment to Order of Conditions#64-432 Page 2of 5 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, 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.21A 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 Floodplain under the State Building Code(780 CMR 744.). 10. If there are conflicting condition within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to enure 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 plan and special conditions: Final Approved Plans Pedrick's Warehouse Site Alternatives Key Plan, Front Elevation_ Side Elevation Construct - New Foundation and Install Site Utilities for Pedrick Store House 4 plans (Twe) October 24,2005 (Dated) (Signed and Stamped by) City of Salem Conservation Commission (on flie with) r Attachment to Order of Conditions# 64-432 Page 3of 5 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 Protect 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. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control bane's shall be installed as shown on the approval phur(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction ro-construction meeting if absolutely necessary in order to place erosion control stakes where required. 20. There shall be 10 hay bales and wooden stakes 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 phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 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 sift adjacent to the barriers shall be removed. 24. The area of construction shall remain in a stable condition at the close of each construction day. 25. Any dewatering 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. �s @ Attachment to Order of Conditions #64-432 % F Page 4of 5 26. 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. 27. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. 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. 29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 30. 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. 31. Cement trucks shall not be washed out m 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. 32. 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. 33. 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. 34. There shall be no pumping of water from wetland resource areas. 35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be faced immediately. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 38. Upon completion of construction and finalsoilstabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Enghxw 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: r � Attachment to Order of Conditions#64432 Page 5of 5 (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,welts, utility lines,fences,retaining walls,and roads/dnveways; (d) A line delineating the limit of work-`work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 39. 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. 40. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall fust request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 42. The applicant shall have a Chapter 91 license for this project prior to the start of any work at the aforementioned project site. 43. Applicant shall have spill kits,booms,and other spill absorbent material on-site 44. 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PMN NEADO.AHEFE m "' P IRl.F.1ION CENTER 5 NEIAOSE ® BARLINOTOR LICNT ] ° ® RESiRFO ESUP MS ' ® PCxC ORGIt _ N Q BONDED WAREHOUSE Q CUSTOM HOUSE pOH9. u CRI�A1NIN BO `� S BOSro NW80 OD SCALEHOUSE © WEST wow coons sraflE Q BGCN Qs DER BY HOUSE _ © WNES HOUSE i4 y EpSiERN g (BARN Hu°DUMrefls) Tws PRaECT Q eORRE rvALE Du sE MASSACHUSETTS 5-D°F u1[z © FDB ER WAREHOUSE FDDxDAiDx CONSTRUCT NEW FOUNDATIONS AND O POLISH CLVO o SHIPP IND EXHIBIT f " INSTALL SITE UTILITIES FOR PEDRICK BRAT STORE HOUSE DROPOFF � - PA LIST OF DRAWINGS xe°R Al COVER SHEET S7 FOUNDATION PLAN, DETAILS AND NOTES , F R E1 ELECTRICAL LEGEND AND NOTES WHARF E2 ELECTRICAL SITE PLAN AND DETAILS DERE �1 µ fWHA'RF` OF 140 BE 14.� 380 SALEM MARITIME NATIONAL HISTORIC SITE " AD A ,T =� _•_ CON "s,=°N CONSTRUCTION DOCUMENTS cLS`:roq.o�o° smog.=..o sE.�. °R j73 UNI sTarzs �a erwer""H OEPARTMER ix iEXOP " TTyg�nig BALEM O FAIT:—/2R—U.W—PY n x[°um��/gT,a 1.ryA zv LLM uminuE ru —H. IC SITE MCARwIxTIrvM EgN N$. — XOR., FSSp u0.55 E05 1 4 l r DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS RECEIVED 696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751 _ REPLY To: January 31, 2007 FEB ® � 2007 ATTENTION OF: ` EPT. OF PLANNING& Regulatory Division' COD�UNIfNDEUELO M NT CENAE-R-PEA Permit Number: NAE-2006-M63 Ms. Patricia 8. Trap, Superintendent National Park Service Salem Maritime National Historic Site 174 Derby Street Salem, Massachusetts 01970 Dear Ms. Trap: We have reviewed your application to install an approximately 25-foot x 44-foot historic building (Pedrick's Store House) on the existing Derby Wbgf and install a 73-foot x 12-foot pile supported "apron" (dock) adjacent to the building,to facilitate interpretive display of historic maritime functions of the wharf and store house. This project is located in Salem Harbor at Salem National Historic Site, Salem, Massachusetts. The work is shown on the attached plans entitled"PEDRICK'S STORE HOUSE, SALEM MARITIME NATIONAL HISORIC SITE", on 3 sheets, undated. Based on the information you have provided, we have determined that the proposed activity will have only minimal individual or cumulative environmental impacts on waters of the United States, including wetlands. Therefore, this work is authorized as a Category 2 activity under the attached Federal permit known as the Massachusetts Programmatic General Permit(PGP). This work must be performed in accordance with the terms and conditions of the PGP. The Corps of Engineers has consulted with the National Marine Fisheries Service (NMFS) regarding the effects of your project on Essential Fish Habitat(EFH) as designated under the Magnuson-Stevens Fishery Conservation and Management Act. NMFS has determined that no conservation recommendations to protect EFH are necessary for the project as proposed. You are responsible for complying with all of the PCP's requirements. Please review the attached.PGP carefully, in particular the PGP conditions beginning on Page 9,to familiarize yourself with its contents. You should ensure that whoever does the work fully understands the requirements and that a copy of the permit document is at the project site throughout the time the work is underway. Your project is located within, or may affect resources within the coastal zone. The Massachusetts Office of Coastal Zone Management (CZM)has already determined that no further Federal Consistency Review is required. -2- This authorization expires on January 20, 2010, unless the PGP is modified, suspended or revoked. You must complete the work authorized herein by January 20, 2010. If you do not, you must contact this office to determine the need for further authorization before continuing the activity. We recommend you contact us before this permit expires to discuss a time extension or permit reissuance. If you change the plans or construction methods for work within our jurisdiction, please .: contact us immediately to discuss modification of this authorization. This office must approve . any changes before you undertake them. This authorization requires you to (1)notify us before beginning work so we may inspect the project, and(2) submit a Compliance Certification Form. You must complete and return the enclosed Work Start Notification Form(s)to this office at least two weeks before the anticipated starting date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation(but not mitigation monitoring, which requires separate submittals). This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law, as listed on Page 1 of the PGP. Performing work not specifically authorized by this determination or failing to comply with any special condition(s) provided above or all the terms and conditions of the PGP may subject you to the enforcement provisions of our regulations. Please contact Alan Anacheka-Nasemann of my staff at 978-318-8214, or via e-mail at: alan.r.anacheka-nasemann(cr�,usace.army.mil if you have any questions. Sincerely, /K Kirk Adams Chief, Permits & Enforcement Branch Regulatory Division Attachments ' -3- Copies Furnished: Ed Reiner, U.S. EPA, Region 1, 1 Congress Street,Suite 1100-Mail Code CWP, Boston, Massachusetts 02114-2023 Christopher Boelke,National Marine Fisheries Service, One Blackburn Drive, Gloucester,' Massachusetts 01930-2298 Maria Tur,U.S. Fish and Wildlife Service,70 Commercial Street; Suite 300, Concord,New Hampshire 03301-5087 Richard Tomczyk, DEP Northeast Regional office, Wetland and Waterways, One Winter Street- 5th Floor, Boston, Massachusetts 02108 (DEP File No.: 64-432) Truman Henson, Coastal Zone Management,251 Causeway Street, Suite 900, Boston, Massachusetts 02114 Carey Duques, Salem Conservation Commission, 120 Washington Street, Salem, Massachusetts 01970 Aq, ,yy WFA S .0 T WWI M Wut , X RR, tin ,K"N A f W' ' WNJ -A, A -,fg, ag W,;A ken I .44 je t�A"\'AME} OR MW MOIR D-5 57,W Wo 315RA IN 7 71. n eft L AM .—M W- j. lilt t maim A low AR A 'k E, IP KIM oil Mj lot ltiito k�22-1, r :eai 9cli"17111- 11i)rlic. Rp oil Lq4gMY; y" 1 66 71,4t 6T Rol W .Q 111 65W WJg4 _1 b. AX 11 1&AM ae Iq f Q- Q, All ,�Wwft j" j-;. 0, Kre NISM a VS 1 an4d5 rlbtt W, AWAY W"I", A,� �94 .... . OFF, I; R r '�i'J�:'•"%?•ril r?�: •%f:?' :::� •::•: N11pV4 IIISTONC :.yr :•..:???i�. iii _ - :4}:; :• :�%�:/.::.erg• •3• 8 �• � ??K:... 2 ? •ORIENTATION:,;;: e N.E. MASSACHUSETTS CENTER:; %.. O "• " 0 :• BEACH PROJECT SITE .` ,� snLEw, . .TOUR >f1 : - BOAT:?siit DROPOFF;; SOUTH ^�HARBOR ------------------- °i •: WHARF ...................... :•rii DERBY. WHAR - 140 SOCALE OF FE 280 PEDRICK'S STORE HOUSE SALEM MARITIME NATIONAL HISTORIC SITE r I I 174 Derby Street 25 0 25 50 75 Salem,Massechusetts 01970 9.7 DERBY x 9.8 a cola vo 9 PFM u+vRa+r N o amcum 230 + o a 1 $ "'" eouepn x 7s x 7.9 *DISC 6SET —="a' • z8 zs x 7 BER CRIBBING 7. x -2.5 ' — 5 x -as.•..........*3 -3(1) .... x.-31.......... ....24tQ4�..'.......... ' .... �'_ .2 ...........• x._2.5 ` 3.4 x x — .1 x —3.2 OBE°3 "coxa eo AR ........................ ..... -4.8 x -4.8 • -4.8 x —4.7 x —4.6 C3 co + A . . 0. S `�'.6 4 x _4 - E�6 h i x —4.8 x —4.6 _ •..•......... . .. SALEM DRAIN -x —3.7•''••. a —4.4 PIPE INV...,4. STA. 12+50.66 8.6 6' .. ...... x 7.96 —2.20 x —2.7 x —3.7 x X2(2 x —2.6 '•.......... STA. 11 STA: b2+t5,;C0 ............ —2(2). — //�� _ .. 15 z. •5 f 1 u t 83 26 ! b4L nRL-Q SIk 20 0 20 40 PEDRICICS STORE HOUSE SALEM MARITIME NATIONAL HISTORIC SITE 174 Derby Street SCALE OF FEET Salem, Massechusetts 01970 WOOD DECK n1 APRON TO MATCH APPEARANCE OF EXISTING WHARF „ TIMBERS 12 —0 EL. 13.3+ — ) II M.H.W. EL. 8.8 DRIVEN PILES POURED SONOTU / BE FTGS W GRADE BEAM M.L.W. EL 0.0 LOG PILES ABOVE GRADE EL. —13.00 II EL. —20.0 u PEDRICK'S STORE HOUSE 8. 0 8 16 SALEM MARITIME NATIONAL HISTORIC SITE 174 Derby Street SCALE OF FEET Salem, Massechusetts 01970 F COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 - - DEVAL L.PATRICK d 9 E CFIV E L Governor IAN A.BOWLES TIMOTHY P.HURRAY MAY /+2 AY 4 2007 Secretary Lieutenant Governor ARLEEN O'DONNELL DEPT.OF.PLANNING d, Commissioner COMMUNITY DEVELOPMENT MAY 0 9J 1r' Ms. Margo Davis US National Park Service 15 State Street Boston, MA 02109 RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application No. W0671726. L-iicense No. 11789 Salem Maritime National Historic Site, Salem; Essex County Dear Ms. Davis: The Department of Environmental Protection hereby issues the above-referenced Waterways license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public Waterfront Act and its regulations 310 CMR 9.-00. Any change in use or alteration of anv structure or fill not authorized by this license shall render this license void. RECORDING OF THE LICENSE This License must be recorded at the Essex County Registry of Deeds or, if registered land, with the Land Registration Office within sixty (60) days from the date of license issuance. Failure to record this license within sixty (60) days of the date of issuance will render this license void pursuant to 310 CMR 9.18. A Waterways License Recordation Notice Form has been enclosed for your use in notifying the Department of the recording information for this License. Failure to notify the Department of the recording of this license is a violation of 310 CMR 9.00 and is subject to enforcement action by the Department. REQUEST CERTIFICATE OF COMPLIANCE Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event later than five (5) years from the License's issuance date. The license for any project for which such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26. This informafion is available in alternate format-Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. MassDEP on the World Wide Web: http.1/w .mass.gov/dep Z"J Printed on Recycled Paper RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application No. W06-1726 License No, 11789 Salem Maritime National Historic Site, Salem APPEAL RIGHTS AND TIME LIMITS The following persons shall have the right to an adjudicatory hearing concerning the Department's decision to grant or deny a license or permit: (a) an applicant who has demonstrated property rights in the lands in question, or which is a public agency; (b)any person aggrieved by the decision of the Department to grant a license or permit who has submitted written comments within the public comment period; (c) ten (10) residents of the Commonwealth, pursuant to M.G.L. c.30A, §10A, who have submitted written comments within the public comment period; (d) the municipal official in the affected municipality who has submitted written comments within the public comment period; (e) CZM, for any project in the coastal zone, if it has filed a notice of participation within the public comment period; and (f) DEM, for any project in an Ocean Sanctuary, if it has filed a notice of participation within the public comment period. To request an adjudicatory hearing, a Notice of Claim must be made in writing and sent by certified mail or hand delivery to the Department with the appropriate filing fee specified within 310 CMR 4.10 along with a DEP Fee Transmittal Form, within twenty-one (21) days of the date of issuance of this decision and addressed to: Case Administrator Department of Environmental Protection One Winter Street, 2d Floor - Boston, MA 02108 — A copy of the Notice of Claim must be sent at the same time by certified mail or hand delivery to the applicant, the municipal official of the city or town where the project is located, and the issuing office of the DEP at: Department of Environmental Protection Waterways Regulation Program One Winter Street, 6th Floor Boston, MA 02108. Contents of Hearing Request Under 310 CMR 1.01(6)(b), the Notice of Claim must state clearly and concisely the facts that are the grounds for the request and the relief sought. Additionally, the request must state why the decision is not consistent with applicable laws and regulations. Pursuant to 310 CMR 9.17(3), any Notice of Claim for an adjudicatory hearing must " 1 rY 9 include the following information: (a) the DEP Waterways Application File Number; (b) the complete name, address, fax number and telephone number of the applicant; (c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of"person aggrieved" found in 310 CMR 9.02; (f) a clear statement that a formal adjudicatory hearing is being requested; RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE Waterways License Application No. W06-1726 License No. 11789 Salem Maritime National Historic Site, Salem (g) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the DEP's written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written decision; and (h) a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. Filing Fee and Address A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts - DEP in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lock Box P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted,a waiver. The filing fee is not required if the appellant is.a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Please feel free to contact Alex Strysky of the Waterways Regulation Program, (617) 292- 5616, if you have any questions pertaining to the recording of your Waterways license or Certificate of Compliance. SincereI , Program Chief Waterways Regulation Program cc: Mayor, City of Salem Salem Conservation Commission DEP NERO Enclosure(s) Waterways License # 11789 Notification of Waterways License Recordation form The Commonweafth ofWassachusetts No. 11789 Whereas, United States National Park Service of-- Salem--, in the County of-- Essex-- and Commonwealth aforesaid, has applied to the Department of _-___ Envi"- mental_Pratection_forlicense-to—construct and-maintain a-histone-wharf-bWld4ng_witl � — supported deck and maintain existing fill----- and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the-Mayor-- of the- City of Salem; --------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said -- United States National Park Service--, subject to the provisions of the ninety-first chapter of the General Laws and of all laws which are or may be in force applicable thereto, to -- construct and maintain a historic wharf building with pile-supported deck and maintain existing fill ----- in and over the waters and filled tidelands of- Salem Harbor-- in the -- City-- of-- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 11789 (3 sheets). This License is valid for an unlimited term. The structures hereby authorized shall be limited to the following uses: administrative and maritime public interpretive space associated the Salem Maritime National Historic Site. License No. 11789 Page 2 SPECIAL CONDITIONS 1. The Licensee shall allow the public to pass on foot, for any lawful purpose, within the area of the site lying seaward of the mean high water mark. This condition shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, including but not limited to trespassing on adjacent parts of the site, and deposit of refuse of any kind or nature in the water or on the shore. The exercise by the public of free on-foot passage in accordance with this condition shall be considered a permitted use to which the limited liability provisions of M.G.L. c. 21, s.17c shall apply. 2--Allwork-authorized-hicreiirshu l-be--compteWd-within-five(S)years of-t�date ofLicense issuance.Said construction period may be extended by the Department for one or more one year periods ' without public notice,provided that the Applicant submits a written request for an extension to the Department no later than thirty(30) days prior to the expiration of said construction. 3. The Applicant shall allow agents of the Department to enter the project sites to verify compliance with the conditions of this Chapter 91 Licenses prior to the completion of individual sections of the project Please see page 3 for additional conditions to this license. -------------------------------------------------- Duplicate of said plan, number 11789, on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to as a part hereof. it License No. 11789 Page 3 - STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth.herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons wfio have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated - -. nerein:andthe details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in,on or over property not owned or controlled by the Licensee,except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal,State,County,and Municipal laws,ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.Chapter 131,s.40. S. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP. 9. This License authorizes structure(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands,the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing, fowling,navigation,and the natural derivatives thereof. _Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely,for any lawful purpose. upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. _Navigable River or Stream.The Licensee shall not restrict the public's right to use and to pass freely,for any lawful purpose„in the waterway. - No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10.Unless otherwise expressly provided by this license,the licensee shall not limit the hours of availability of anv areas of the subject property designated for public passage,nor place any gates,fences,or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. License No. 11759 Page 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said—United States National Park Service --by paying into the treasury of the Commonwealth -- zero dollars and zero cents ($0.00)-- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _$0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of-- Essex -------- IN WITNESS WHEREAS,said Department of.Environmental Protection have hereunto set their hands this Ninth day of May in the year two thousand and seven. Department of Program Chief 'dw��///VVV �w Environmental -- -- rotecti6r ---- ---- — — This license is approved in consideration of the payment into the treasury of t ommonwealth by the said United States National Park Service -- -- the further sum of-------$0.00 ---------------------- the amount determined by the Governor as a jus d equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, Approved by the emor. Governor /ri` i✓� 7 l+ fr ;j JJNAIIUNAL HISIUKI ' ITE 5 L, LYNN , J f f• rJ fJ t � / 4� , J;r� ••yam ry ELROS I 1•. J f•.1• r J� O �• 8•• ,_ /:?�•�}yam ...::.J..r :'. 0. . . 89 TO `r //`:''stc'=: %r`%z,:•':• "'` : 3r ': :. MASSACHUSETTS J/ rririr O� r SFT' ORIENTATION g �f3 CENTER r: �� 0 m • vq, •��J'7iitti: $rtiti5:�'.:: _ � �.�i � BEACH PROJECT SIVE REFER TO SHED-``%:': - 2 — FOR-DETAIL DROFOFF: ERBY� M WHARF SCALE OF 280 0 280 'ff 50 50 100 x rte{i,/r•. � SCALE OF METERS 'rrJ •,.;�j'.;/�Ji, . WATERWAYS LIC . APP) WO931®® LICENSE PLAN N0. Approved by Department of Environ Proteeae PLANS ACCOMPANYING PETITION of passachusetts OF SALEM MARITIME NHS, PEDRICK STORE HOUSE, SALEM HARBOR, SALEM, MA f '�- EXISTING WALKWAY FI GORi21DOR 13 HYDRANT _ a PROPOSED 5UILDING 23'-W --12 BOLLARD 12.0 = x x I N PROPOSED WOOD FRAMED AP ON a _ �— a— EXISTING RAMP SYSTEM 0 I I WOOD PILINGS (TYP) N c M I A ------ NOT€5.-- - - � - ---- - _ ENTIRE PROJECT IS . WITHIN FLOOD ZONE FRIENDSHIP t ' MEAN LOW WATER IS SALEM HARK 0.0 FEET AND CHANNEL [ : OUTSIDE OF MEAN HIGH WATER PROJECT AREi LEVEL IS 8.8 FEET ' o t �OF ` yP � JOHN m TT iLro LICENSE PLAN N0. g90FE SVO� \p�+P red by Department Of EnvironnsaSaiieetl� , n�� DauK DAY 0 9 2007 CENTRAL WATERWAYS LIC. APP W093100 PLANS ACCOMPANYING PETITION 20 020 40 OF SALEM MARITIME NHS, PEDRICK _ STORE HOUSE, SALEM HARBOR, SCALE OF `FEET SALEM, MA SHFFT 9 of I � OF _ Or �yG 16 GAQV .JOHN 335 a I WOOD DECK N APRON TO MATCH APPEARANCE OF EXISTING WHARF TIMBERS 12 '—O�� F.F. EL. 14.8+ — EL. 13.3+�— T EC �2.0 O M.H.W. EL'. 8.8 : DRIVEN PILES POURED M.L.W. EL. 0.0 SONOTUBE FIGS W/ GRADE BEAM LOG PILES ABOVE GRADE EL. —13.00 BOT OF DREDGED AREA 1 GENERAL NOTES: THIS PLAN WAS PREPARED FROM SURVEY EL. —20.0 +/— L_I PLANS TITLED "UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE, DEPdVE SERVICE CENTER, SALEM MARITIME NATIONAL HISTORIC SITE TOPOGRAPHIC SHEETS '2 OF 8 THROUGH 8 OF 8 DRAWING NO 373/41,015 DATED 8/3/90 AND DREDGING -PLAN SHEET D SECTION A—A ,. - DRAWING NO. 373/25,009A DATED APRIL 1932 HORIZONTAL DATUM FOR ALL SHEETS IS IRASE1 _.3 ON NAD 27 MASSACHUSETTS STATE PLANE LICENSE PLAN NO. 0 i COORDINATE SYSTEM. Approved by Department of En*N a ental Profec*m Dated VERTICAL DATUM IS BASED ON MEAN LOW bAy a 9 WATER (MLW) EL 0.0 IS EQUAL TO EL —4.1.3 (NGVD) WATERWAYS LIC . APP# BUILRIN G DESIGN BY NATIONAL PARK SERVICE REGION,NORTHEAST ARCHITECTURAL W093100 PRESERVATION DI , LOWELL MA. PLANS ACCOMPANYING PETITION OF SALEM MARITIME NHS, PEDRICK 8 STORE HOUSE, SALEM HARBOR, SALEM, MA, SHEET 3 of 3 SCALE OF FEET 0 CITY OF SALEM CONSERVATION COMMISSION STTF VTSTT FARM PROJECT LOCATION: I DATE OF SITE VISIT PROJECT PROPONEDEP FILE NUMBER: (g PROPOSED WORK: IN_A�NDANCE '. _ t.�. • «^;,. ;. - rt , . . �:.. : Commission Members/Agent: Abutters: V/ wf C Applicant/Property Owner/ SITE VISIT PURPOSE; ;;�`� ,,I;w, ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation 'S Notice of Intent— —(y.� ❑Certificate of Compliance ElEnforcement/Violation ❑Emergency F-1Informall :�.rx«- ff-....,.a®. .-". "4T`mn 3i.a �^:"1' +''`` f ro.+`a"Sti%H�,r,.: AREAS OF'JURI$DICTIQ�is:'..�u�#S`t. a ., �� ,._�„ .. INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean ;i Storm Flowage ❑Bordering Vegetated Wetland �� ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: Coastal Bank ❑Rocky Intertidal Shore i ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond it ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run �y ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM r ' sBUFFER-ZUNE withip=100 feet: � ` Water Body ❑ Bordering Vegetated Wetland Bank Coastal Beach ❑Coastal Dune Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage PreventionPrevention of Pollution f2'Protection of Fisheries Protection of Wildlife Habitat (�Protection of Land Containing Shellfish T'+ Is this an exempt project:If so,why? c Are resource area boundaries delineated correctly? If not,explain. SITE-VISITa`DOCUMENTATION� "- ❑Photos ❑ Site Map ❑Other: 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. kZy-� 6 w��eMf� L 0.,'�,C�J4JC mp RE,C,�OMMENOATIONS -_ - i iA •b inn\ t aQ,Vl\IN �i111" C(?k cA, - lUatm�V UNITED STATES DEPARTMENT OF COMMERCE g NaUonsl Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE NORTHEAST REGION One Blackburn Detre Gloucester,MA 01830-2288 Dave Kayser AUG 14 2006 US Department of the Interior National Park Service Salem Maritime National Historic Site 174 Derby Street Salem, Massachusetts 01970 Re: Pedrick Store House Dear Mr. Kayser, This is in response to your letter dated August 3,2006 requesting information on the presence of threatened or endangered species or designated critical habitats that occur in the vicinity of the Salem Maritime National Historic Site at Derby Wharf, Salem, Massachusetts. While several species of listed sea turtles and whales are seasonally present in coastal Massachusetts waters,no listed species are known to occur in Salem Harbor. While occasional transient whales and sea turtles may occur in coastal harbors in northern Massachusetts,these are relatively unusual occurrences. As such, no further coordination with the Protected Resources Division of NOAA's National Marine Fisheries Service(NMFS)is required. If you have any questions regarding these comments,please contact Julie Crocker at(978)281-9328 x6530. Sincerely, Mary AAolliga4� Assistant Regional Administrator for Protected Resources File Code: Sec 7— No Species Present -MassachuseasME .. r" SENT OP h United States Department of the Interior � 9 vi p m NATIONAL PARK SERVICE OH 3 A Salem Maritime National Historic Site 174 Derby Street INRULVREFERTO: Salem,Massachusetts 01970 August 3, 2006 Mary Colligan NOAA Fisheries Protected Resources Division One Blackburn Drive Gloucester, MA 01930-2298 Subject: Reassemble and Restore Pedrick Store House, Salem Maritime National Historic Site Dear Ms. Colligan: Salem Maritime National Historic Site proposes to complete the preservation and repair of an 18th century warehouse that was disassembled and removed from its waterfront location in Marblehead and will be reassembled on Derby Wharf in Salem. Work includes the repair of the original timberframe and replacement of deteriorated and missing members; placement of new foundation footings; new sheathing, siding and roofing; and restored windows and doors. This letter serves as a record that the National Park Service(NPS) is initiating informal Section 7 consultation with your agency pursuant to the requirements of the Endangered Species Act, 1973, as amended, and NPS Management Polices(2001). As part of the scoping for this project, we are requesting information about listed or proposed threatened or endangered species or critical habitats that might occur in the project area. A map outlining the project area is attached. Thank you for your assistance. If you have any questions or require additional information, you may contact me at the above address, by email at dave_kayser@nps.gov, or by telephone at 978-740-1690. We appreciate your support of National Park Service projects and look forward to hearing from you. Sincerely, Dave Kayser Museum Curator S4£Y LN2TK H1,IpML N4TQ%C .; LEGENDAAA sxa 4'f: ¢ f N0. VMN NFIIXMIKIEAS . LINN O 4.. OMfdM111M RM@ia S 4RIgY ® f M¢iWrn 4 u�E ° ° '� `a ®4 ' x PESM°0x5 1 fi. MY G '. o ocvx Oi 90n.xNYCIpUSE y O �'9� O C1 .NWSE ORIFN4xMM1 Q r'} �SION WiISLM'.IMPBOP (D HME f y O NSI WWP 4W05 SIOPC L•F•-1 f f � �� ': OS OEP9Y HNSE 0 BEEN O \ MASSASETTS ECM[ ein - ° ml�Nu owPmrsl Hi � CHU O] NMBONNE-NxE NQISC CONSTRUCT NEW FOUNDATIONS AND p MH aMP q,BU D1NCe4 INSTALL SITE UTILITIES FOR PEDRICK STORE HOUSE Bx1P � M1 s 1 so N LIST OF DRAWINGS Al COVER SHEET f, S1 FOUNDATION PLAN, DETAILS AND NOTES 4f ^.MMgERB1'^ E7 ELECTRICAL LEGEND AND NOTES MNMF E2 ELECTRICAL SITE PLAN AND DETAILS MN� SWE E ixx a is neo SALEM MARITIME NATIONAL HISTORIC SITEa " CONSTRUCTION DOCUMENTS xsxucr xn4'I�w�a.liw°.°IEx.moo ixn.Mi=373 M f!rexN MxF x?l2 [6urt4ENr OF ME IXiEPgR MlS v ew •TpIK exq SLTICL SKEH NMIiIME N.N S In/lea�f/E0:na/N.a�e ehN MLw.ID ��/N.NW[0��M b S4DL 4uElluE WNM4 MRipllG 9R � `IDLg IId6 s 4 [55[F WSFGMUSflI$ L L i- r�i :� ... Coastal Beach - i -y r # Coastal Bank eIre MM Project Impact Area 4^ sole QO .o® sf OF EEE. _ Land Under The Ocean 8"x8" ��s.a PAD 9.6 s STONE- 9.9 9.2 w 9.8 - x 9.7 9.8 9'7 DERBY = 9.8 o— g BOLLARD za'-a-a' = 7.6 = Ts OO DISC SET 7,6 7 7.6 7.6 7. fi . 7.4 = 7.6 BER CRI GING 7.6 = - ..z...=z-z:t. s .. .. x3 : z...z. . 7.4 .... - - * -2.7 ... .. ..:.a':sY'}ti"- .Z:� .r6�:. •ry',g . -3.1 QQi. D..... -3.2.... ='_3.3 25 Q x x s 3 ...'io'-o'H- X . ..-4.9 muEn n, ..w w. airun neral. PEDRICK'S WAREHOUSE — ' -4.8 �,®.,, SITE PLAN -4.8 scaE® sego e9+e rzcx x,w=': ~ _ —4.7 STILE OF feel qR �l OEM—RE YEORICF 5 WIAENOIISE 4$ —4.6 5 9$006 54EM XMRIME XX 1 sx�E Resource Area Identification Map Project Description and Resource Impact Assessment Submitted as part of Wetlands Protection Act Form 3 -Notice of Intent Project: Pedrick Store House Project Description This project entails relocation of an historic timber-framed warehouse to Derby Wharf, Salem, Massachusetts, within the Salem Maritime National Historic Site. The structure, dating to 1770,was disassembled and removed from Tucker's Wharf in neighboring Marblehead, Massachusetts to save it from imminent demolition. It is a 2-1/2 story rectangular building, occupying a footprint of roughly 24 feet by 44 feet. The selected site on Derby Wharf is in close proximity to the berthing for Friendship, and was previously occupied(into the early 20`h century)by buildings of similar size and construction. The National Park Service first presented to this project to the public in 1991 as part of an Environmental Assessment updating and planning for the implementation of the park's Master Plan. The vision for the Salem Maritime National Historic Site included capturing the spirit and vibrant energy of Derby Wharf at the height of the maritime era. The original plan included construction of three new buildings and two ghost structures on the wharf to simulate the look of the busy waterfront environment (See enclosure A for a copy of the preferred alternative plan and an historic photo of Derby Wharf). This plan has since been scaled back and enhanced by the reuse of a historic warehouse structure that would otherwise have been demolished. The project is being implemented in accordance with a memorandum of agreement with the Massachusetts Historical Commission. Not only will this structure help visitors to the National Historic Site better visualize Derby Wharf as it appeared during the height of the maritime era,but it will also serve primarily as a working rigging loft for the tall ship "Friendship"docked nearby. Additionally, the first floor will be a multipurpose space, providing meeting space for NPS as well as interpretive space for visitors. The project will be executed in multiple phases,with the first including only the installation of the new pile foundations and electrical utilities for the building itself(which are entirely on the landward side of the wharf bulkhead). The landward foundations will consist primarily of piers resting-on individual footingads set four feet below grade. However, as the cross-sectional profile of the wharf rises away P from the bulkhead, the uphill eave wall (running parallel to the wharf bulkhead)will be supported by a concrete and rubble-stone masonry wall set on continuous footings. These will return across approximately one-third of each respective gable end; in effect leaving a crawlspace opening toward the bulkhead. . Future phases will include reassembly of the building on the new foundations, installation of seven timber pilings on the water side of the bulkhead to support a new dock structure along the front of the building, and installation of timber ramps and landings at each end of the building to provide handicapped access to the first floor and to the dock. Resource Impact Assessment Two resource areas—Land Under the Ocean and Coastal Bank—will be impacted by this project, and the project area is in the vicinity of a small Coastal Beach resource area. These resource areas occur along Derby Wharf, an area that has been subject to disturbance since the early 19`h Century, including. the creation of the Wharf itself by fill and the construction of the stone seawall with timber cribbing .' In addition the Land Under the Ocean resource area has been dredged at that comprises the `Bank , least once in the recent past. The specific activities that will alter existing conditions are: (1) Phase one would include excavation of a small area traversing just behind the bulkhead(i.e. Bank) for approximately 44 feet and extending inland approximately 24 feet. The bulkhead itself has been constructed of stone and timber and will not be directly altered. Existing fill material that comprises the wharf land will be excavated for fourteen footing pads and a rear foundation wall to depths ranging from four feet at the inland extent to approximately one foot at the inland bulkhead edge. A total of 30 cubic yards of fill material will be excavated through this process and distributed within the foundation footprint. (2) Phase two would include the placement of seven timber pilings in the sediment of Land Under the Ocean. The pilings will be driven directly into the sediment, and thus will have a one-time impact. There will be no excavation of sediment,however a very small area of sediment will be displaced around each of the seven pilings. The total area encompassed by the timber pilings will be approximately 900 square feet,however the actual area that will be directly impacted will be less than 50 square feet. (3) Phase two would also include the construction of a wooden apron that will traverse a 12' X 73' area of Land Under the Ocean. There will be no direct impacts of the construction of this apron on the resource area. The completed apron would have a negligible shading effect on the resource area. RECEIVED DEPARTMENT OF ENVIRONMENTAL PROTECTION Q C T 1 0 2006 WATERWAYS REGULATION PROGRAM DEPT. OF PLANNING& COMMUNITY DEVELOPMENT Notice of License Application pursuant to M.G.L.Chapter 91 Waterways License Application Number W06-1726 Applicant: National Park Service- Salem Maritime Historic Site Project Location: Derby Wharf,Salem Public Comments Deadline: October 20,2006 NOTIFICATION DATE: September 21, 2006 Public notice is hereby given of the Waterways application by the National Park Service, Salem Maritime Historic Site, to erect a historic store house and dock on Derby Wharf in the municipality of Salem in and over filled and flowed tidelands of Salem Harbor. The proposed project has been determined to be a water-dependent use project. The Department will consider all written comments on this Waterways application received by October 25, 2006 (Public Comments Deadline). Failure of any 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(4Xc). Additional information regarding this application may be obtained by contacting Alex Strysky of the Waterways Regulation Program at (617) 292-5616. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address that follows. Written comments must be addressed to: Ben Lynch, Program Chief DEP Waterways Regulation Program, One Winter Street-6th Floor,Boston, MA 02108. 1- Massachusetts Department of Environmental Protection P ovaea;byaEP ..,.. Bureau of Resource Protection -Wetlands -------j=Fte Number _.— WPA Form 3 - Notice of Intent ez20 Ooilumm :: nsaibon fdumber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - :SALEM Important: When filling out A. General Information ' When forms on the computer,use 1 Project Location (Note: electronic filers will click on button for GIS locator): only the tab key '- ,_� to move your 74 DERBY ST SALEM j01970-0000: cursor-do not ...._.___....-.....,,...._.........._............__._..__._.._._.�......-._- .� ...m. � f................................. a.SVeet Address ................................................................. use the return A G.RXLC9rifl.__.._ .,,------ ,, ,„ c.?ip Code key. ;42.520600 I ,-70.886639 I Latitude and Longitude: d Latitude a Longitude ._.._........._....._............__. __......a..e.. ....... �a MAP 35 _ ..................... .............:........................................................... €LOT 408...._._......_.__._._. f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: _+.moi n....„.................................. .....................-..................................... ... .........................� _ .-W................... !PATRICIA :TRAP .NATIONAL PARK SERVICE _..First...-..._.._....._ 1 .. ._._. _ _._.,_ .__.....-_,_...__...._.....,..._: a.First Name b.Last Name c.Company Note: :174 DERBY STREET __. . .. _._._ _....._. _._._._...___.._ __ _._ ._....__.-..............._...._..-...........-.__..__......_._.. ....___._ Before d.Mailing Address _ _ your local `SALEM�..._ ___,_.._._.. _. ..._......._._a fMAte '_.,_._....;....._._-.....,_.,, completing ; = I X01970-0000.........._._' formconsult �......�_...,......_..........._.....__.._._...._.._..._..�., ..... i.._,..,,.-..,. ......._..........._.� L__.._..._._.._........_.................L _ 5Zig,Code Conservation ��8 740-1680 [(978) 7400-16 5858 t Commission -h.Phone Number i.Fax Number I.Email address OP— regarding any _ municipal bylaw 3. Property owner(if different from applicant): .... Check if more than one owner or ordinance. a.Rrst Name b.Last Name c.Company d..Mailing Address ___.,_.............._ .,. L--- e. .,,., _e.Ctty/Town f.State , � g,.Zip Code 3 h.Phone Number I.Fax Number j.Email address 4. Representative (if any): ;NATIONAL PARK SERVICE .._�__......_. ........................................................................................................................................................................................................................... a. Firm ��C��p pg� :MARC :ALBERT b.Contact Person First Name .c.Contact Person Last Name 24 ..CENTRA.. .ST. .......................................................................................................... AUG 3 1 2006 d Madmg Address SAUGUS _.__ MA :01906-0000 DEPT.OF PLANNING& ?.c- €yffown ... f.State y zp .. ___.. ..................................... COMMUNITY DEVELOPMENT 3(7812231-7339 f ;marc albei n s.gov __ h.Phone Number I.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $O.00j $0.00, I $O.00j a.Total Fee Paid b.State Fee Paid c.Cityfrown Fee Paid 6. General Project Description:......_.._._.,.._,........_.__._._._.___..___.____...,.__.___..._-___....._...._......_...._..____...._„_., aSEE ATTACHED PROJECT DESCRIPTION AND RESOURCE IMPACT ;ASSESSMENT. wpaform3.doc-rev.3/29/05 Page 1 of 7 P Massachusetts Department of Environmental Protection oovided--' _:__.., , ':. Bureau of Resource Protection -Wetlands .......................................... t.,:.. f82 29 N11r11b2T { - WPA Form 3 - Notice of Intent ' Ltoeraneni Transanbon Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ;SALEM .j Ciry/Towri A. General Information (continued) 7. Project Type Checklist: a. D Single Family Home b. (.... Residential Subdivision C. Limited Project Driveway Crossing d. Commercial/Industrial e. �. Dock/Pier f ° Utilities E_..i g. I Coastal Engineering Structure h. (.. Agriculture—cranberries, forestry ,J Transportation j. €�. Other 8. Property recorded at the Registry of Deeds for. ;ESSEX mrr - i 1231 W - a.County.......................................................................................> b.Page Number .........._......_._.......___Y 3714 c.Book - �"'"mm� �d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. , Yes b. i€No 10. Buffer Zone Only-Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. Yes -answer 11 below, then skip to Section C. ti.;'/' No-skip to Section B. If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. :i BVW b.,i inland bank c.3 coastal resource area The distance between the closest project disturbance and the associated resource area is: ................................................ E d.linear feet wpaform3.doc•rev.3/29/05 Page 2 of 7 Massachusetts Department of Environmental Protection Prov!aeabyoea ... Bureau of Resource Protection -Wetlands rl€F File Number ' WPA Form 3 — Notice of Intent 82129 LL Docranent 7ransachnn Number: Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM Citylrown B. Resource Area Effects 1. Inland 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. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document PA transaction a.�� Bank 1.linear feet 2.linear feet number bTl Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c.`-.. Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d.F-! Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e ....J Isolated Land Subject to Flooding - 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. _ ! Riverfront area 1.Name of Waterway(if available) 1.Width of Riverfront Area (check one): - ri 25 ft. -Designated Densely Developed Areas only 100 ft. -New agricultural projects only J 200 ft. -All other projects 2.Total area of Riverfront Area on the site of the proposed project: .q.uaIre.Fe.et--......------....... §quare Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet- b.Square Feet within 100-ft.----mm� c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is d attached to this NOI? [ Yes[ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? Yesj„_ No wpaform3.doc•rev.3129105 - Page 3 of 7 Massachusetts Department of Environmental Protection P'°vaea'eyoeP Bureau of Resource Protection -Wetlands oEFle bomber WPA Form 3 - Notice of Intent '821129 f)ocumerd 7ransacbwr Humber _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM _ t _. ' City/Tom .. B. Resource Area Effects 2. Coastal Resource Areas: 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: Resource Area Size of Proposed Alteration Proposed Replacement(if any) Include your document transaction a.I ( Designated Port Areas Indicate size under Land Under the Ocean, below number igpp � � 1 (provided on b.✓j Land Under the Ocean LSyuarefeet t your receipt0 _.._...._...._.._._._...._.t page)with all 2.Coble yards Aredged.. .......... ' - supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c.#.... Barrier Beach below _ submit to the 0 Department. d. Coastal Beaches '0 ---- --W - —y --- 1.Square feet 2.Cubic yards beach nourishment a. Coastal Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. (✓j Coastal Banks i .............................................................. 1.Linear z ifeet g. .j Rocky Intertidal Shores 1.Square feet hJ Salt Marshes 1.Square feet 2.Sq It restoration,rehab.,or creation L (.... Land Under Salt Ponds 1 Square feet 2.Cubic yards dredged j. j Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged 1. .._ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: 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? f W'j a.� „ Yes _✓ No If yes, describe which limited project applies to this project: b. Limited Project wpaf6rm3.doc•rev.3/29/05 Page 4 of 7 Massachusetts Department of Environmental Protection P° ded'byoEP i Bureau of Resource Protection -Wetlands izEePdem " WPA Form 3 - Notice of Intent 8229 _w: `bocumeiti "Yransaehon NumSer` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 GSALEM C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1.1Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your " (attached) document transaction 2.0 DEP BVW Field Data Form (attached) number (provided on 3.F Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4.1 Other Methods for Determining the BVW Boundary(attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attacha _.. ,,._____„_._ _........._....,. ._.._....__ .._._ narrative 5. Other resource areas delineated: __.,�_____.,"_,��______� _„,„__„•,,,,_„,„„"• „..__.. explaining how the resource D. Other Applicable Standards and Requirements area was delineated. 1. 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? a. € Yes V No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife i 3 Route 135, North Drive :•b......Date.........of...Map........................ Westborough, MA 01581 . 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. ✓3 Yes No If yes, include proof of mailing or hand delivery of NOI to: 4 Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 b. .... Not applicable —project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP a. Yes ( No Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.3/29/05 - Page 5 of 7 Massachusetts Department of Environmental Protection P°aa�aboeP' —. Bureau of Resource Protection -Wetlands '(3EPFile WPA Form 3 - Notice of Intent . 8 162129 €loeianent Transaction bhmber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM....................................! cityrrown D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document ' �% - transaction a.:, x Yes No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ,{,a Yes '•__.i No If yes, describe which exemption applies to this project: submit to the 1 Department. _ .. �b.Exemption 6. Is this project subject tothe DEP Stormwater Policy? a. iwI Yes No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: NEGLIGIBLE EFFECT ON STORMWATER. REVIEWED THIS ITEM WITH CAREY DUQUES VIA Mi ON E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1.FZ USGS or other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. —{ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW)replication area or other mitigating measure)relative to the boundaries of each affected resource area. 3.} Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data form). 4.1—Zi List the titles and dates for all plans and other materials submitted with this NOI. 5. 3 If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.;-1 Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7.1T Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6.i Attach NOI Wetland Fee Transmittal Form 9.s._ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.3/29/05 Page 6 of 7 Massachusetts Department of Environmental Protection ProvidedbyoEP: Bureau of Resource Protection -Wetlands -- - 13EP Fie NumWr WPA Form 3 — Notice of Intent 2129___. Dr'ti'Yransachont"IumFier' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 r------ - < SALEM ..__ .........................................................€ City/Town 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 NOI Wetland Fee Transmittal Form). 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: ;NOT APPLICABLE-FEDERAL AGENCY SUBMI ......< 1 Municigg).Cj pck_Nu r bei .............. ................ 2.Check date 10 N/A f ................................................................................................... ................_._.._.,,.....,.._.__...... ,...,.,,.,....._.__.„,.... ,..,.._._...............,...,..,..,. f ....._ ......, . ............ ,4 GI1epkdafe ..._._.. E E I._ .._....___ .................... .____._-- ._._._.__ ,....__I ' _..... ....-------- ............i. 5 Payor name on check:First Name 6 Payor name on check:Last Name G. 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 in writing by hand delivery or certified mail (return receipt reque d)to all abutters within 100 feet of the property line of the project location r 7airrC ay� � ..... .. Signature of Appli ant pate 3, .............. . .............._,_._................_._._.,..............._._._ ................... I z Signature roperty Owne ddifferent) Date �.. ..... _................__ ...................... I1/ _ w_ Si ature of Pepre ntahve rf any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, 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.3/29/05 Page 7 of 7 CITY OF SALEM ' CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Patricia Trap of the National Park Service, 174 Derby Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a 2 1/2 story building and a wooden apron located on a coastal bank, in Land Under the Ocean, and within a buffer zone to a coastal beach, at Derby Wharf, 174 Derby Street. This hearing will be held on Thursday, September 14,2006 at 6:00 p.m. in City Hall Annex, Room 313, 120 Washington Street. P <o Kevin P. Cornacebio Conservation Commission Cbairman Please run legal advertisement on: September 7, 2006 Please send bill to: Marc Albert c/o Kym Sigler Salem Maritime National Historic Site 174 Derby Street Salem, MA 01970 (617) 223-8637 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM 0 CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a site visit at 174 Derby Street Derby Wharf on Wednesday, September 27, 2006 at 5:00 p.m. the purpose of the site visit is to inspect the project site where the following activities have been proposed: construction of a permanent mooring, docking facility, accessible ramps and a historic warehouse exhibit on the westerly side of Derby Wharf. �Gvi� �J Cs�illCU'i;h�a<nsi Kevin P. Cornacchio Conservation Commission Chairman v Ci O M . crt o D [9iis rctir �c 7 ;i1 "lin Board" CI'ty Hail Mo.,at 01 23A 44 1113 Of WGI. 120 VNASHlNGTON STREET, SALFdA, bIA<;6AC IT:— 01970 a TEL: X3']5.745.9 590 FAX: 978 74 0.04 04 1 �,"VW.f;ALEhI.COM {�i � Sys.} $j$ •ggX n2$a^ s?#"` Ike fiV+ syq� �$�2 F� s3 $x��:�.a£ � t «� e :� � aY• d sA k tf .i g 1 lx Y ¢ g¢@g l k # ins $ Lm— a � ¢ of ,y j t }"3�dG". A .� w •�� J 1 - 99 611 t+ 4 E or ' €➢' �'` hi it! git 3ug 3 �1 �� 'S� }g3pzppno d ,, 6 ?(( t { g gai3�.€ps$' , g g B I t 4 "g,{{{ 'il t Ito Oa S {"If f i[ l RA NPS Northeast Region PEDRICK'S WAREHOUSE SITE ALTERNATIVES SK 1 Design,Constuction,and Facility Management Architectural Preservation Division SALEM MARJTIME NATIONAL HISTORIC SITE 179 Derby Street KEY PLAN HEET l OF 8 115 John Street,Lowell,Massachusetts 01852 Salem,Massachusetts 01970 24 OCT 2005 R a y ry93 a & Ru. d q dfh M •� ti s P" NPS Northeast Region PEDRICK'S.WAREHOUSE SITE ALTERNATIVE Al SK 2 Design,Constuction,and Facility Management Architectural Preservation Division SALEM MARITIME NATIONAL HISTORIC ATE SIDE ELEVATION 174 Derby Street SHEET 2 OF 8 115 John Street,Lowell,Massachusetts 01852 Salem,Massachusetts 01970 24 OCT 2005 z�M..t u��'" aa ••1 �� , %��"� �4'."` a �K�t�``"3}�a4 rf � � cr t{F' � w may, pr2 �, a `+�' C IL fff ¢¢¢ y }i jam. ytR iEf 5"' '> R 44 , 41 "IY �. 1 q� x.as"'.f 31 ..WAY ��q 1 f •U.G �` y4' M1x Y. 44Y NPS Northeast P�egion PEDRICK'S WAREHOUSE r g �, 3;3.-• �� -�z� ate-.�r$" r, �i--+rx '" � ' Design, Architectural Preservation Division .Derby Street FRONT • • 115 John Stmet,Lowell,Massacrusalts D1852 - Massachusetts 01970 ._ 0 _. CITY OF SALEM CONSERVATION COMMISSION MEMORANDUM TO: Assessor's Office FROM: Carey Duques, Conservation Agent/Staff Planner DATE: July 17, 2006 RE: Certified Abutters List The Salem Conservation Commission is requesting a certified abutters list for the property located on Derby Wharf (Map 35, Lot 0408). The following are the 100-foot abutters to the project site: Map 35 — Lots 0391_801-806; 0348; 0393_801-804; 0347; 0342; 0326; 0325; 0408_811-815; 0408_862; 0342; 0311; 0396_802; 0396_803; 0404; 0396_801; 0403; 0397; 0402; 0401_802; 0398; 0401_801; 0399; 0400; 0406; 0405; 0391_808-809; Map 34—Lots 0408_801-810; 0408_816-858; 0408_859-861; 0408_863-869; 0408_870-_875 When list is completed please mail to: The Department of Planning and Community Development Thank you for your attention to this matter. If you have any questions, please contact me at extension 303. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Enclosures with Notice of Intent Submission Project: Pedrick Store House 1. Project Locator Map,titled"Site Alternatives Key Plan" 2. Project Description and Resource Impact Assessment 3. Resource Area Identification Map 4. Construction drawings 5. Photo-simulations(2), titled"Site Alternative Al Side Elevation" and"Site Alternative Al Front Elevation" CO CITY OF SALEM CONSERVATION COMMISSION August 9, 2006 Mark Albert 15 State Street Boston, Massachusetts 02019 Re: Request for List of Abutters Derby Wharf, Salem, Massachusetts Dear Mr. Albert: Enclosed, please find the List of Abutters for the proposed project we discussed this morning, to occur on Derby Wharf. I've included the notification to abutters form in case you could not locate it on DEP's website. Please follow the instructions provided by DEP for notifying abutters via certified mail. If you have any further questions, please feel free to contact me 978.745.9595 x 311. Sincerely, rjA-� Carey I7uques Conservation Agent/Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM a "U.S. Postal Service. RECEIPTCERTIFIED MAIL (Domestic Mail Only;No Insurance Coverage Provided)a 0 Postage $ /y S .V S ^JW - Certified Fee .-q 1 Postmark O Return Receipt Fee Here ! C3 (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) O i C3 Total Postage&Fees $ •y S -: m Name Please Print ea I ( y)(to be comple ed by mailer) qt t. s, /__ +�+ _ n--------------- � Street Ap�a.;s, No�g{�x Nyo. _ �� i O City sCaie,�7- --I-11 dQWLII-..----._...... .............n,- yl .-.-.---.- { PS Form 3800,July 1999 SecPv�arsefurinc tructlons U.S. Postal Service CERTIFIED MAIL RECEIPT ru (DomesticInsurance Coverage Provided) Fri m Article Sent To. S Postage $ S Certifietl Fee Return Receipt Fee Postmark O (Endorsement Required Here M Restricted Delivery Fee fEntlorearrom Required) O O Total Postage&Fees $ S S m Name(P/ se not��/rcany)(to be co'y�let�°by mailer) -------- -N--o-.;-o--,---n,}ti'A_clL-_s'-- axv,r`)_^-t- •S`1��'IpS Q. Street,apt. PO x No. - ------------------------------ - ---------- ' r Ciry,Srate,-ZI t i a. CITY OF SALEM CONSERVATION COMMISSION 1 SITE VTC%TT FARM PROJECT LOCATION: ` ` DATE OF SITE VISIT PROJECT PROPONENT:-) tt \\Li NUMBERsQy —��n2 PROPOSEDWORK: ` - 1 �t c�riU�S W C 1 �t IN ATTENOANC ', .. L` A z as xR...." i4 }iz Commission Members g t: Abutters: U Applicant/Property Owner/Representative: SI7'Ex.VIS��lJR�OSE*"� ❑Request for Determination ❑Abbreviated Notice of Resource Area DelineationNotice of Intent ❑Certificate of Compliance ❑Enforcement/Violation Emergency Informal AREAS.O0""Jis SDICTION '" �l INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank Land Subject to CoastalL and Under the Ocean El Vegetated Wetland Storm Flowage ❑Land Subject to Flooding ❑ Designated Port Area ❑Coastal Beach ❑Land Under Water Bodies or Waterway El Coastal Dune El Barrier Beach Name: KCoastal Bank El Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools Land Containing ❑Anadromous/Cats- hellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEAI.COM ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank Xcoastal Beach ❑ Coastal Dune Protection of Water Supply Protection of Groundwater Supply [Flood Control 14 Storm Damage Prevention Prevention of PollutionProtection of Fisheries tAProtection of Wildlife Habitat Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. ❑Photos ❑ Site Map ❑ Other: 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(? cS\( L� i lei Nv�i `r► 2 (�V h �.tcL,C 1 LaIL01d 1 Qa, 9 RECOMMENDATIONS. (i J(.L (tomrloho it ' COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY STEPHEN R.PRITCHARD Governor Secretary KERRY HEALEY ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner DEP File # 064-0432 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 9/27/2006 10:18 AM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: Patricia Trap Owner: R EC L I V E National Park Service Or.T 0 2 2006 Address: 174 Derby Street Address: SALEM,MA 01970 DEPT. OF PLANNING& LOCUS: 174 Derby Street COMMUNITY DEVELOPMENT IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: A.-(X)-This project has been assigned the following file# : 064-0432 Although a file#is being issued,please note the following: Add'1 detail about proposed impacts to coastal bank is needed. C.()Other Regulatory Jurisdiction 1. Q Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2. () Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review(call 1-800-362-4367 for information). D. O 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details: 1. (X)Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards,provided that: a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department; This information Is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://w .mass.gov/dep 0 Printed on Recycled Paper b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is not part of a subdivision;does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore,provided that the above conditions are satisfied,the Final Order of Conditions will serve as the Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with any other statutes or regulations. 2. O Before the activity described in the Notice of Intent can commence,you must obtain a Water Quality Certification form from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3. O Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work in"waters of the Commonwealth." Therefore, your proposed project is subject to 314 CMR 9.00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection,Waterways Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Ms. RACHEL FREED @(978) 694-3258 or at 978 694- 2224. Cc: Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green Hi Dave, It was nice talking with you this morning. I wanted to provide some additional information and clarify some points I made about the process of developing a structure on Derby Wharf. As I mentioned, based on your description of the structure and its proposed location, the National Park Service will need to fill out an application for a Chapter 91 license. This is necessary because the proposed structure will extend into Commonwealth tidelands. The process for receiving a Chapter 91 license usually takes 8-12 months. You could talk with DEP waterways department to see if they could expedite the process. The number for DEP is 617-292-5500. I've attached both the simplified and full Ch. 91 applications. Once you determine the total square footage you can fill out the appropriate application. In addition to the state process the project will also need to receive approval from the City of Salem Conservation Commission because the proposed project is subject to the Wetlands Protection Act M.G.L. c. 131, Section 40. The local process is separate from the state process. However, the authorization of work is contingent upon receiving a Ch 91 license. In order words you cannot start work on the project until the Chapter 91 license has been obtained. One option is to file two NOI, one for the building and one for deck which extends over the water. The landside work will not require a Ch 91 license so once an Order of Conditions is issued for the building you can begin that portion of the project. A separate NOI would have to filed for the deck extending over the water because this is under the jurisdiction of the City of Salem's Conservation Commission, and again the issuance of an Order of Conditions would be contingent on a Ch 91 license. Regarding building permits, I spoke with Tom St. Pierre, the building inspector for the City of Salem and the National Park Service is exempt from building and zoning regulations, because you they are a Federal Agency. Plumbing and electrical permits are a separate issue and depending on it the structure will need either may require local permits. I hope this information is helpful and feel free to call me with any questions. Thanks, Carey I� Carey R.Duques Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem,NLA,01970 (p) 978-745-9595 ext.311 (E 978-740-0404 cdu Fucs salcm.com w v.salem.com ;r t o I o i ktk k, j i v I F O 1 I r I (❑ ` z T i G i 1 4 � I � o SII � , - - - - - - - - - - � -- i r i 1 I I :1 rrpF I F ,I �I l � t Y I } lr f ,f SOUTH ELEVATION WEST ELEVATION a 0 a a FEET COMM. SUB SNEET NO. TrU OF MMM CRAWNG NO. 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NO PP11C, DUCIWCRN FA FRS,NURw y OR[OUIPy[M FOREIGN ip TXE EICttRICA 1O +FACP MAIN NR ALARM CCMPOL PANEL = OPU.ND EOUIM[NT SHALL B[ PEPMIEDTO B[ mCMN. e•rtpil[i[i G GROUND IN. ENTER OR PCS THREACH SUCH UTILITY LV 1.HW-XR/DEMAND PER SPACE GC GENERA COLRKYOF DUPLEX FECEPTKL( i.ALL PANELBDAFOS SHALL BE MOUNTED SO BBr' GET GROUND FAULT INTERRUPTER 1W1 THE DISTANCE FROM'HE TW CIRCUIT ]P IONPIM,SI[N+T GRC GAVANQ(D N=CONDLR GREY RCEPTADL TNN GN]{M EALP WIFINyI[R BPUN(R OFEWING HANDLE TO THE ELOGt �[ JB FUNCTION BOX MTEL QWOW GRAND WGMGRAND EMA1 INl[RE PI(0. SAKI NOT EXCEED IRB-6. IMIKp e NC wEl AXE,L P)XPACIgl MOUNTED ABOK CO1MlER WE MAIN CIRCM MEANER ENCLOSED ERMIT BREPI � 1[ ML /+M[NqFLEA[Nnwo NCE ONEd NE DVGNMI WCO MASSACHUSETTS ELECTRIC DEW. ppp,,, // n K.IYO LEYI'4 t D MAIN LUGS MY MDiOP TMX THERMAL OKPLOAO MOUNTED - YM MA o / VB yN9 M MDOM ADAwCCM TO WIOF MIS PRRSp T[Y NEC NATIONAL ELECTRON.CODE IT 1. CM RM MEI R<I.E.10 Mn, M NON FUSED R11T TRANSFORMER WNDINO DUII sm:c+wR— NC .01 IN COMPACT MOUE,RENELR mW'I wFi wMn—aw.rla[1Z [tt�T��N+ir M5 NDi 1D STALE D� —1 PitwM1[T I+A anwP Fq p,Ai�y v2 P POE 'V.. v`0"PM( AWN lif[1Mw0 AND 1-A[AMAP,MI-1 h` KUMV.0 CONTRACTOR W—TO I.1p R'KU 1XID. PH PHA9[ ARAM. •e AN M.e.l.TAI-1 PPC POI.WhYL PILOPID[ .I _�.IlN-Rne to NI.Y..M[. BE ALL AS (TISEWc DENNEENDUR AND [n w Nm.0 IE A. 1 MEH INT m AL ABADCMED EXT ACT ANDL AFT,W.�IYwM�AY+r y(Imp�A W1Rc BUSY 10 NEXT AC1M DHRLLT AND W. 0AN AN R.PND IDARN . [n0p[mn<>VY MWn 6 I. PER NEC(TACLC AND a^II'o R} [MISTING DEwtE TO BE REMOVED AID RNNSTALL(D IN NEW LIXSIION. - WEA a[..`P EI RUnS,��ux FSP W PIA. (YI[ND BRANCH P.HL W1R.G 10 NEW lOGipH AS SHOWN SP SPAR[ [npryvl w Au[I nw I TELEPHONE I MICµ WN UNLESS OTHERWISE NOTED KD VARIABLE EFEDUENCY ONCE W RRC WP WEATHEPREANA A/T FIRM: _ CONSTRUCTION DRAWINGS "ThS1IP"llNESIA�NEW V➢LILCBM DRAWN',NO NC(iNLEY NALSOW 8 ASSOCIATES FOR PCDRCIE STORE HOUSE E) SCMERVILL[. NA @RAp 61ATf5 DERBS AMAFF MC. SITU A HP,ITPIOP + [ . P� DEPARTMENT OF THE INLEPIOR SALEM. MASSACHUSETTS N0. p(AI AHNSON ENONCCPIHO DESIGN.INC `e [IX PAP' y S Ely STREET.9Lrt( 11 NA71ONAL PAR'%RICE SACH MARITIME NAIIOXAL HISTORIC 971 3 EDI DLNHERS.W.193] SALON MAPOMF NATIGNAI r1151CRC 9iL RpM STAR _ [L 9JD-6Pfi-90GfAY:9J8-616-9D]] APPROVED O JC-1191 [MAIL:lon.xonpomersOmisDm m wz G9cN PIBASVM NIXi1NCASi ESSEX MASSACHUSETTS W 4 -