64-310 - 315 DERBY STREET - CONSERVATION COMMISSION i
6 • �y
'�1. Y
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - ,Wetlands. ;,--� 64-310
C _ 'd
WPA Form 5 - Order of Conditions Provided by DEP
i zf Massachusetts Wetlands Protection Act�,'M.,ei.L::c:131, §40
w
A. General Information jf-1l_l'M
Important: PL ANI,J iNG', DEF'T.
When filling From: 10/25/00 1024 inst. 443
out forms on Salem BV% 1 609 PG 49
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do X Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
„e To: Applicant: Property Owner(if different from applicant):
City of Salem Same
Name Name
One Salem Green
Mailing Address Mailing Address
Salem MA 01970
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
315 Derby Street, Derby Street Parking Lot Salem
Street Address City/Town
Map 34 Parcel 444
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 3282 381
County Book Page
Certificate(if registered land)
3. Dates: .
9/25/00 9/28/00 9/28/00
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Existing Conditions Plan of Land Sept. 25, 2000
Title Date
Landscape and Drainage Plan Sept. 25,2000
5. Final Plans and Documents Signed and Stamped by:
Scott Ian Patrowicz
Name
6. Total Fee:
Execpt
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form S Page 1 of 7
Rev.02100
DEP File Number:
Massachusetts Department of Environmental Protection
� a
Bureau of Resource Protection - Wetlands
64-310
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 BK 16639 PG 41'49
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat
❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
X the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
LWP,I,F,.,rmS Page2ol7
BK 166379 PG 500
Massachusetts Department of Environmental Protection DEP File Number:
_ Bureau of Resource Protection - Wetlands 64-310
y WPA Form 5 — Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner 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 - 310 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Forth 5 Page 3 of 7
Rev.02/00
Bay 16639 PG 501
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-310
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See Attached
Findings as to municipal bylaw or ordinance
Furthermore, the Salem hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore,work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name - Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Fo"5 Page 4 of 7
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands 64 %O
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
K f b639 PG 502
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
Cl/2z /O o
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
as:
9
On Of
Da- M nth Wd Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowled ed that he/she execyted the same as his/her free act and deed.
No ary Public My Commission Expire
This Order is issued to the applicant as follows:
by hand delivery on ❑ by certified mail, return receipt requested, on
'i/25s�w
Date Date
VJPA Farts 5 Page 5 of 7
Rev.02/00
B�g O DANu�f6�f ..
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
64-310
x . WPA Form 5 - Order of Conditions Provided by DEP
Y'<w,
a4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40,
C. 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 Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
WPA Form 5 - Page 6 of 7
Rev.02/00
BK 16639 PG 504
Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE # 64-310
City of Salem, 315 Derby Street, Derby Street Parking Lot
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act, and 310 CMR 10.00, and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing, a sign shall be displayed showing DEP file#64 -310,and not placed on a
living tree. -
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or
successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur
on this property without prior approval from the Commission.
BK 16639 PG 505
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131,Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been
issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that
he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of
Conditions.
14. Conditions number 46-41 as indicated shall continue in force beyond the Certificate of
Compliance,in perpetuity, and shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision,the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
16. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s) shall be clearly flagged.
20. There shall be 2Z hay bales and wooden staked stored under cover on the site to be used only for
emergency erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavations required during construction shalondh jd S a1s4'o PG 506
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed
surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions, construction plans, and copies of the documents and reports cited in
Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill,free of masonry, stumps, asphalt, and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps, slash,construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. Immediately following drainage structure installation, all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
38. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when
completed.
39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L. Chapter 21A,section 16.
POST CONSTRUCTION
40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed, and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
BK 16639 PG 507
41. Upon completion of construction, the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
43. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs;at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
45. The following condition(s) shall extend beyond the Certificate of Compliance,in perpetuity,and shall
be recorded as such on the Certificate of Compliance and in all future deeds to this property:
PERPETUAL CONDITIONS
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
PATRICK REFFETT ONE SALEM GREEN
City Planner a' 01970
(978)745-9595 Ext. 311
Fax (978)740-0404
September 27, 2000
Ms.Jill Provencal
Department of Environmental Protection
Northeast Region
Wetlands &Waterways
205A Lowell Street
Wilmington,MA 01887
Re: Request for Determination, Chapter 91, 315 Derby Street, Salem, MA
Dear Ms. Provencal:
The City of Salem is requesting a determination whether a Chapter 91 is required for the
project located at 315 Derby Street(Derby Street Parking Lot), Salem,MA. According to the City
of Salem Assessors Office, the property has been owned by the city of since 1941. Since that
time, the property has been used the purpose of municipal parking.
Enclosed, for your review,please find a copy of the Notice of Intent. If you have any
further questions or concerns,please feel free to contact me at 1-978-745-9595 x3l 1. Thank you
for your time and efforts into this matter.
Sincerely,
Don Cefalo
Senior Planner, City of Salem
COMMONWEALTH OF MASSACHUSETTS
3
EXECUTIVE OFFICE OF ENVIRONl14L�li TAL�FAIRS
o DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108Ji6T17-A2-5''500' --
�
SALEM
ARGEO PAUL CELLUCCI ^ I ,1C> 1"'F BOB DURAND
PL�-dvl�ltt.a. C.-r'�;
Governor
Secretary
JANE SWIFT - LAUREN A.LISS
Lieutenant Governor Commissioner
Don Cefalo, Senior Planner October 3, 2000
Salem Planning Dept.
One Salem Green
Salem, MA 01970
RE: Parking and Waterfront Walkway Improvements, 315 Derby Street (Assessors Map 34,
Parcel 444), filled tidelands of the South River, Salem (HL 781, HL 3969, PW 2372)
Dear Mr. Cefalo:
Thank you for your letter dated September 27, 2000, requesting to know whether a Waterways
license is required pursuant to MGL Chapter 91, the Public Waterfront Act, and 310 CMR 9.00,
the Waterways regulations for proposed parking and waterfront walkway improvements. In
support of the request, two plans were provided and a copy of the Notice of Intent filed pursuant
to the Wetlands Protection Act. Based upon review of the information provided to us by you, it
has been determined:
• A Waterways License is required for the proposed activity.Please complete the enclosed application form. -
The location of the proposed activity is on filled tidelands within a geographic area subject to
Waterways jurisdiction pursuant to 310 CMR 9.04. A portion of the site is located on tidelands
authorized to be filled pursuant to Waterways licenses: HL 781, HL 3969, and PW 2372 (1941).
The remaining portion of the site appears to be located on tidelands for which no Waterways
authorization can be located, and is presumably not authorized pursuant to MGL Chapter 91.
This determination is only for purposes of MGL Chapter 91, and you may be required to obtain
other local, state, or federal authorizations.
Please contact me at (617) 292-5602 if you have any questions, or Jill Provencal at our Northeast
Regional Office at (978) 66.1-7778, if you have any questions.
4 ( .
Sincerely,
Thomas Maguire
Wetlands and Waterways
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
DEPonthe Woad Wide Web: http://w .state.ma.us/dep
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Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Instructions for Completing Application
BRP WW 01 & BRP WW 03
How to Apply:
1. What is the purpose of these permits?
These permits are for a variety of different authorizations under MGL Chapter 91,the Public Waterfront Act,
and its regulations at 310 CMR 9.00(effective October 4, 1990). These permits must be obtained for the
placement of structures and fill,changes in use of existing licensed structures and fill,and dredging in current
and certain former state waterways. These permits are necessary to protect the public's property rights and
exercise certain regulatory controls in tidelands,former tidelands,great ponds and rivers.
The Waterways License review process accomplishes this by ensuring that proposed or unlicensed existing
projects: --
• do not unreasonably interfere with navigation;
• are structurally sound;
• provide proper public purposes;
• do not significantly interfere with public rights or the rights of adjacent waterfront property owners;
• will not adversely affect natural resources;
• if any of these detriments do occur,that the project provides adequate water-related public benefits to
outweigh such detriments. .
DEP strongly encourages all applicants to purchase 310 CMR 9.00, which is available at the State Bookstores
in Boston and Springfield.
2. Who must apply?
a. For what projects in what geographic areas is Chapter 91 authorization required?
For the authoritative explanation of Chapter 91 jurisdiction,please consult 310 CMR 9.02-9.06. There are
:five basic categories of structures,fill or dredging in certain geographic areas which require the issuance of
_L'some form of Chapter 91 authorization. To determine the appropriate form of authorization,see Question
2b below. These categories apply to new and existing projects and activities.
$xamples of types of projects which typically require a Chapter 91 authorization include but are not limited
t ""`bridges,damsand some waterfront buildings,if on filledllandsgor over the water.beach lvnent,pilings,culverts,
4
L3_ ��('i1) Flowed Tidelands. Flowed tidelands are lands which are in, on, over, and under tidal waters
%,. ('seaward ofthe current mean high watermark. This jurisdiction extends seaward to the state's 3 mile limit
of territorial jurisdiction. Any project in,on,over,or under flowed tidelands requires authorization.
(2) Filled Tidelands. Filled tidelands areformer submerged lands and tidal flats which are no longer
subject to tidal action due to the presence offill. Authorization is required for projects on filled tidelands if
located:
(a) in designated port areas,or
(b) between the first public way and the shore,or between 250 feet and the shore,whichever is further
from the water.
(3) Great Ponds. A great pond is a body of water having a water surface area of 10 acres or more in its
natural(historic)state. Projects in,on,over,or under the entire area of any great pond,whether larger or
smaller today than historically,are within Chapter 91 jurisdiction.
(4) Non-tidal Rivers and Steams. A non-tidal river or stream is a river or stream which is not
affected by the actions of the ocean's tide. Chapter 91 authorization is required for any project in,on,over,
or under any non-tidal river or stream where public funds have been expended either upstream or
downstream within the river basin,except for portions not normally navigable during any season by any
vessel. Example of public expenditures include flood control,stream clearance,and channel improvement.
Certain specified projects not affecting navigation on non-tidal rivers and streams,however,are exempt
from Chapter 91 licensing under the provisions of 310 CMR 9.05(3)(g).
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Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(5) Changes in Use/Structural Alterations. Any change in use or structural alternation of any
existing licensed structures or fill requires authorization. For example,changing the use of a licensed
commercial fishing establishment to residential or non-fishing related office purposes would require a new
license. Additionally,any increase in the length,width,or height of an existing licensed structure or fill
would require the issuance of a new license.
b. What type of Chapter 91 authorization do different projects require?
There are four types of Chapter 91 authorizations available from DEP,three of which are described below:
(1) Waterways License(BRP WW 01). All water-dependent use projects subject to the jurisdiction of
Chapter 91 under the provisions of 310 CMR 9.03-9.05 must seek a standard Waterways License.An
Applicant for a non water-dependent use project may elect one of four application options.The review
schedule for each option varies depending u on the leve] of completeness of an application upon
submission.Please consult the table below for review timelines and the Waterways Regulations at 310
CMR 9.11(2)(b)1-4 for the submission requirements.Applicants for any Chapter 91 license must comply
with all applicable procedural and substantive requirements of 310 CMR 9.00.
DEP Action Partial Full Application Municipal Joint MEPA EIR
on
Application Harbor Plan
From date 45 days
application (administrative 25 days from
received/Assign file 45 days completeness 45 days receipt of final
#and issue public review also EIR or SEIR
notice completed)
Conduct public
hearing 40 days 40 days 40 days 15 days
No less than 30 No less than 30 No less than 30 No less than 30
Public comment days& no more days& no more days& no more days& no more
period closes than 60 days than 60 days than 60 days than 60 days
from notification from notification from notification from notification
date date date date
Determine file to be 30 days 30 days
completed -----
Issue Written
Determination and 60 days 60 days 45 days 30 days
draft license
Appeal period 21 days 21 days 21 days 21 days
Issue license (or
date Governor's
signature, 45 days 45 days 45 days 45 days
whichever is later)
(2) Waterways Permit(BRP WW 01). Projects not involving work on fill or structures may apply for a
DEP Waterways Permit for the following activities: any beach nourishment;any dredging;any disposal
involving the subaqueous placement of unconsolidated material below the low water mark;any burning of
rubbish or other material upon the water,in accordance with MGL Chapter 91, Section 52; and any
lowering of the water level of agreat pond,except for certain purposes described in 310 CMR 9.05(2)(e).
Permit applications are exempt from payment ofdisplacementand occupation fees,are subject to certain
less stringent requirements,and are generally faster for DEP to process than license applications. At the
applicant's discretion,[hese activities may instead be included as part of a license application.
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BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(3) License or Permit Amendment(BRP WW 03). An applicant may apply to amend a valid
waterways license or permit(and,in the case of a non water-dependent project,the associated written
determination)for three purposes:
a. to renew a license term in accordance with the provisions of 310 CMR 9.05(2);
b. to delineate a reconfiguration zone within a marina in accordance with 310 CMR 9.25(2); or
c. to authorize a structural alternation or change in use not defined as substantial in accordance with
310 CMR 9.02.
Please note that maintenance and repair of licensed fill and structures in accordance with the requirements
of 310 CMR 9.22 is permitted without a license or a license amendment,as is maintenance dredging for 5
years after issuance of the license or permit. (Another time period may be specified in the license or
permit). DEP may also issue in writing,at the request of the licensee,clarifications and corrections
regarding any license or permit previously issued,without issuing a new license,permit,or amendment.
Please Nate: In addition to the three authorizations described above,local Harbormasters can issue a
Harbormaster Annual Permit for Bottom-Anchored Moorings.Applicants should apply to the local
Harbormaster or other official designated by the local municipality. Under Section l0A of Chapter 91,and the
Waterways Regulations(3 10 CMR 9.07),any person who has obtained a Harbormaster Annual Permit for the
placement on a temporary basis of moorings,floats or rafts held by bottom-anchor,and any associated ramps,
need not obtain any other Chapter 91 approval from DEP for so long as the Harbormaster Permit remains valid.
Please note,however,that under 310 CMR 9.07(3)(,),no Harbormaster Permit shall be effective for structures
which either extend beyond any established state harbbor line,encompass an area greater than 2,000 square feet,
or constitute a marina(10 or more berths or moorings),unless DEP has had an opportunity to review such
permit.
3. What other requirements should be considered when applying?
All applicants must provide evidence of compliance with applicable environmental regulatory programs of the
Commonwealth,according to the provisions of 310 CMR 9.33,with applicable provisions of a municipal harbor
plan,if any,and with local zoning law,according to the provisions of 310 CMR 9.34.
a. What prerequisites should be considered before applying for these permits?
There are several prerequisites. Please refer to the Application Completeness Checklist.
b. What concurrent applications are related to this permit?
There are several related concurrent applications. Please refer to the Application Completeness Checklist.
Note: Projects of this type may require MEPA review. Please carefully examine 301 CMR 11.00,the MEPA
Regulations,to determine if your to,Peet exceeds the MEPA review thresholds,or for more information contact
the MEPA Unit of the Executive Oce of Environmental Affairs(100 Cambridge Street,Boston,MA 02202;
(617-727-5830). DEP cannot begin technical review of the application until the MEPA process has been
completed,unless otherwise agreed to in writing. Copies of MEPA filings(with reference to any applicable
Transmittal numbers)should be sent to the appropriate program offices in Boston and the MEPA Coordinator in
the appropriate Regional Office.
Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily
include all additional requirements.
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Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
4. What is the application fee?
Please consult the following table:
Water- Other water- Residential non Other non Licenses with
dependentuse dependent water- water- extended
projects' use projects dependentuse dependent use terms -
(accessory to a projects projects
residential use of
a 4 dwelling
units
"License or $100.00 $250.00 $500.00 $1500.00 2500.00
permit
application
License of
permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums").
5. What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Locations Reserve Copy Location
Department of Environmental Protection None Required.
Regional Office
Waterways Program
6. What are the timelines?
As of July 1,2000 the timelines for: _
a. Water-dependent use projects are:
FN* AC T1
BRP WW 01 45 60 90
BRP WW 03 45 60 90
*A file number is assigned within this time period.
Where DEP has issued a draft license, draft permit or written determination pursuant to 310 CMR 9.14(5),
DEP shall issue a final license or permit within the period specifeed in 310 CMR 9.14(7).
There is no supplemental technical review or public comment period far these permits.
b. Non water-dependent use projects:
See Table 2(b)(1)at 310 CMR 9.11 for non water-dependent use project timelines.
7. What is the annual compliance fee?
There is an annual fee of$50 for Non-water Dependent Licensed Sites. This is a facility with a license to use
tidelands and which provides public access or other water dependent benefits as a license condition.
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BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
8.What other fees must 1 pay for these permits?
Occupation and Displacement fees for License amendments.
Occupation fees are fees required by statute and paid by license holders for their use of state land in projects
authorized by the license. Similarly,displacement fees are paid by license holders for their use of state waters.
Except for projects authorized by permit,and other projects exempted under 310 CMR 9.16(4),displacement
and occupation fees will be charged after DEP has approved your license or license amendment application,in
accordance with the provisions of 310 CMR 9.10(4)(d)and 9.16(2)-(4),effective October 4, 1990. These fees
are one-time only.
The following one-time only fees apply:
Water-Deper)dent Non water- Any Project with
Use Projects Dependent Use Extended Term
Projects
Displacement fee(per cubic $2.00 $10.00 $10.00
yard)
Occupation feet $1.00 x term $2.00 x term Appraisal
(per square yard of land held of license of license (310 CMR
by Commonwealth) f.16(3)(c))
' Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums"),for which the applicable fees shall
be the same as those listed for licenses with extended terms.
z The fee is calculated by multiplying the dollar rate shown by the length of the license term, in years,and by
the area of occupied land held by the Commonwealth. This is a fixed fee for the term of the license and is
assessed on a lump sum basis,except as provided in 310 CMR 9.16(3)(d).
9. How long are these permits in effect?
This varies,though usually licenses are valid for at least 30 years,and permits no more than 10 years.For more
information on terms,see 310 CMR 9.15.
10. How can I avoid the most common mistakes made in applying for these permits?
A. Carefully follow the plan specifications of Appendices A and B(as appropriate).
B. Submit fee and yellow page of the DEP Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston,MA 02211
11. What are the regulations that apply to these permits? Where can I get copies?
These regulations include,but are not limited to:
A. Waterways Regulations,310 CMR 9.00.
B. Timely Action and Fee Provisions,310 CMR 4.00.
C. Administrative Penalty Regulations,310 CMR 5.00.
These may be purchased at:
State House Bookstore State House West Bookstore
Room 116 21 Elm Street
Boston,MA 02133 Springfield,MA 01103
617-727-2834 413-784-1376
These regulation are also available at the DEP Website: http://www.magnet.state.ma.us/dep/matrix.htm
W W 0103in.tloc Page 5 of 7
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Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Please read these instructions before completing sections A-E of the general waterways application form. See also
the"How to Apply Guide"and the"Application Completeness Checklist"for other filing requirements.For a further
description of application requirements,see 310 CMR 9.11 (and 9.10(4)for amnesty projects). Listed below are
explanations and instructions for completing certain items on the Application Form which are not self-explanatory.
Section D Municipal Zoning Certificate
Section A Project Information For other projects,if municipal zoning certification is
Please answer all questions on the General required under 310 CMR 9.34(1),applicants must
Waterways Application form,section A. If a question submit a completed Section D,Municipal Zoning
does not apply to your project write"not applicable"
(n/a)in that block.Please print or type all information Certification,signed by the Municipal Clerk or
provided on the form. Use black ink(blue ink or appropriate Municipal Official or,for the initial
pencil are not easily reproducible,therefore,neither filing,an explanation of why the Certification is not
will be accepted).If additional space is needed,attach included with the initial application submittal.If the
extra 8-1/2"x 11" sheets of paper. project is a public service project subject to zoning
but will not require any municipal approvals
Question 7 Project Description.The term"project" thereunder,the applicant must submit a certification
refers to any work,action,conduct,alteration,change to that effect pursuant to 310 CMR 9.34(1).
of use,or other activity subject to jurisdiction of DEP
under M.G.L.Chapter 91. Section E Municipal Planning Board
Notification
Question 1 I Abutters.An"abutter"is defined as For other projects,applicants must submit a
the owner of land which shares a common boundary completed Section E,Municipal Planning Board
or corner with a project site,as well as the owner of Notification,signed by the Municipal Clerk or
land which lies within 50 feet across a water body - appropriate Municipal Official for each town where
from such site. the work is to be performed,except in the case of a
proposed bridge,dam,or similar structure across a
Section B Certification river,cove,or inlet,in which case it must be certified
310 CMR 9.11(2)(a)states that all applications must by every municipality into which the tidewater of said
be signed by"the landowner if other than the river,cove, or inlet extends.
applicant.In lieu of the landowner's signature,the
applicant may provide other evidence of legal
authority to submit an application for the project
site."If the project is entirely on land owned by the
Commonwealth(e.g.most areas below the current
low water mark in tidelands and below the historic
high water mark of Great Ponds),you may simply
state this in lieu of the"landowner's signature".
Section C Dredging Addendum
The term"dredging"means the removal of materials
including,but not limited to,rocks,bottom sediments,
debris,sand,refuse,plant or animal matter,in any
excavating,clearing,deepening,widening or
lengthening,either permanently or temporarily,of
any flowed tidelands,rivers,streams,ponds or other
waters of the Commonwealth.Dredging includes
improvement dredging, maintenance dredging,
excavating and backfilling or other dredging and
subsequent refilling.
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BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Public Notice Instructions Definitions for Completing the Public Notice
1) The Public Notice is to be used for all water 1) Transmittal number—found in the upper right
dependent projects and W W06 nonwater hand comer of the fee transmittal sheet.
dependent projects
2) Notification date—date the public notice is
2) MEPA projects—projects that exceed the MEPA published in the newspaper
thresholds must publish notice in the
Environmental Monitor. The Executive Office 3) Project description—see question 7 on
of Environmental Affairs,MEPA Unit,publishes application form or e.g.,proposed pier,ramp
the Environmental Monitor twice per month. and float,existing bulkhead.
Filing deadlines are the 15"and last day of the
month,unless the day falls on a Saturday,Sunday 4) Regional phone and address—see DEP
or Holiday in which case the next business day is Permitting Contacts and Regional Maps Sheet to
used. Publication is 7 to 10 days following the find your project's regional review location.
filing deadline. See"How to Apply Guide"for
MEPA Unit address. 5) Proof of publication—a dated copy of the '..
newspaper notice must be sent to the regional
3) Public notice shall be published within 15 days office.
of submitting Waterways application and must be
published in a local newspaper for one day. Page 6) copy of return receipts that were sent to the
8 of these instructions contains a template for the parties listed in 310 CMR 9.13(1)(a)should be
Public Notice. included with the copy of the newspaper notice
sent to the Department.
4) Please duplicate the Public Notice(below)and
fill-in the information which is in bold.
Public Notice Attachment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulation Program
Notice of License Application pursuant to M.G.L. Chapter 91
Waterways License Transmittal Number
. (Applicant)
Notification Date: (Insert date of publication)
Public notice is hereby given of the application by(Name of Applicant)to license or permit(if dredging) ro'ect
description,i.e.proposed pier or existing pier,etc.)at(street address),(Assessors lot#and map#),in the
municipality of Town),in and over the waters of(waterbodv). The proposed use of the structure is(see Appendix C,
use statement)and is a(water-dependent f W W01,03 and 061 or non water dependent use project I W W061).
The Department will consider all written comments submitted(30 days for license or 15 days for dredging permit),
subsequent to the"Notification Date". All comments must reference the Waterways License Transmittal Number. A
public hearing may be held upon written request by the municipal official. Furthermore,a municipality,ten-citizen
group or any aggrieved person that has submitted written comments may become a party before the close of the
comment period. Failure to submit such comments will result in the waiver of any rights to an adjudicatory hearing. For
information call(regional office phone#). Plans and documents for this application are on file with the Department for
public viewing at the address below. Written comments should be addressed to Section Chief,DW W,(regional office
address
W W 0103in.dm Page]of r
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
Y
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
A. Project Information
Important: 1 Which Permit are you applying for?
When filling Y El BRP WW 01 ❑ BRP WW 03
out forms on
the computer, If this is an amendment,please reference the license#
use only the
tab key to 2• Applicant:
move your
Cursor-do Name
not use the
return key. Mailing Address
Q
City/Town County State Zip Code
( ) ext.
"' Day Telephone#
3. Authorized Agent (if'any):
Name
Note: Please
refer to the Mailing Address
"Instructions for
Completing Crty/Town
Application BRP State Zip Code
WW 01 &BRP ( ) ext
WW 03"before Day Telephone#
completing
sections A-E of 4. Property Information (all information must be provided):
this form. _
Owner Name(if different from applicant)
Tax Assessor's Map and Parcel Numbers
Location(street address) Uty/I own
County Zip Code Latitude Longitude
5. Name of the water body:
6. The waterbody at the project site is within: (check a, b&c)
a. ❑ uncertain ❑ tidal ❑ great pond
❑ river/stream ❑filled tidelands
b. ❑ uncertain ❑ natural ❑ enlarged/dammed
c. ❑ uncertain ❑ACEC ❑ DPA
❑ ocean sanctuary
w 6.dcc
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
A. Project Information Cont.
7. Project/Activity description:
8. Description of existing and/or proposed uses(s):
(select use(s)from Appendix C)
9. Is this project: ❑ water-dependent? ❑ non water-dependent?
10. What is the approximate total cost of any proposed work(including materials& labor)?
11. List the name&complete mailing address of each abutter(attach additional sheets, if necessary):
12. "1 have attached project plans in accordance with the instructions contained in...":
❑ Appendix A(for permit applications) ❑ Appendix B (for license applications)
❑ Appendix C (use statements for permit
&license applications)
Appendices A-D begin on page 5 of this application package.
13. Term:
❑ Standard 30 years ❑ Extended 31-99 years
• Provide additional documentation in accordance
with 310 CMR 9.15 (1)(b)(2).
• Provide appropriate application fee in
accordance with"Table 1"at 310 CMR 9.16.
14. Other Approvals:
• Water Quality Certificate 0 Wetlands File No.
(Date of Issuance )
• MEPA File No. • Date of Secretary Certificate
v 6.doc Page 2 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
B. Certification
All applicants,property owners and authorized agents
must sign this page.All future applications Applicant's signature
correspondence may be signed by the authorized
agent alone. Date
"I hereby make application for a permit or
Massachusetts Coastal Zone Management Program
to enter upon the premises of the project site at Property Owner's signature(if different than applicant)
reasonable times for the purpose of inspection.
"I hereby certify that the information license to Date
authorize the activities I have described herein. Upon
my signature, I agree to allow the duly authorized
representatives of the Massachusetts Department of Agent's signature(if applicable)
Environmental Protection and the submitted in this
application is true and accurate to the best of my Date
knowledge."
C. Waterways Dredging Addendum
1. Provide a description of the dredging project:
❑ Maintenance Dredging
(include date of last dredge& Permit No.) El Improvement Dredging
purpose of dredging
2. What is the volume(cubic yards)of material to be dredged?
3. What method will be used to dredge?
❑ Hydraulic ❑ Mechanical ❑ Other
4. Describe method of disposal and give the disposal location (include a separate disposal site location
map):
5. In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)l,
easements for public access below the existing high water mark shall be secured by the applicant
and submitted to the Department.
�6.doc Page 3 of 11
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
D. Municipal Zoning Certificate
Name of Applicant
Project street address waterway
Cityrrown
Description of use or change in use:
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Oficial
Signature of Municipal Oficial
Title
city/Town
Date
wM6.Uoc
Rev.06100 Page 4 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
E. Municipal Planning Board Notification
Notice to
Applicant: This Name of Applicant
Municipal
Planning Board Project street address Waterway
Notification
section must be
submitted along City/Town
with the original
application Description of use or change in use:
material. If it
cannot be signed
by the
appropriate
municipal official
at the time of
delivery,the
applicant should
wait until he or
she receives the
executed
signature before
submitting the
completed
application
package to DEP. To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official
Signature of Municipal Official
Title
City/Town
Date
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
�I
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix A: Permit Plan Checklist
For projects applying for permits only, enclose drawings with the General Waterways Application that
include the following information:
General View Plan View
❑ Submit one original of all drawing. Submit ❑ North Arrow
the fewest number of sheets necessary to
adequately illustrate the project on 8 '/3 inch ❑ Locus Map
X 11 Inch paper.
❑ Standard engineering scale.
❑ A 1 inch margin should be left at the top
edge of each drawing for purposes of ❑ Distances from channel lines and structures if
reproduction and binding. A Y inch margin appropriate.
is required in the three other edges.
❑ Mean high water and mean low water shorelines
❑ A complete title block on each drawing (see definitions of"High Water Mark" and"Low
submitted should identify the project and Water Mark"at 310 CMR 9.02, C. 91 Regulations).
contain:the name of the waterway; name of
the applicant; number of the sheet and total ❑ Dimensions of area proposed to be dredged or
number of sheets in the set; and the date excavated.
the drawing was prepared.
❑ Notation or indication of disposal site.
❑ Use only dot shading, hatching, and dashed
or dotted line to sow or indicate particular ❑ Volume of proposed dredging or excavation.
features of the site on the drawings.
❑ Ordinary high water, proposed drawdown level, and
❑ If deemed appropriate by the Department, natural (historic) high water(for projects lowering
certification by the Registered Professional waters of Great Ponds).
Engineer or Land Surveyor is included.
Section Views
❑ Existing bottom and bank profiles.
❑ Vertical and/or horizontal scales.
❑ Proposed and existing depths relative to an
indicated datum.
❑ Elevation and details of control structure (for
projects lowering waters of Great Ponds).
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix B: Mylar Plan Specification Checklist for Licenses
General Structures and Fill
❑ PE or RLS, as deemed appropriate by the ❑ All Structures and Fill shown in full BLACK lines,
Department, stamped and signed, in ink, clearly labeling which portions are existing, which
each sheet within 8 1/2 inch by 11 inch are Proposed and indicating Existing Waterways
border Licenses
❑ Format and dimensions conform to"Sample ❑ Cross Section Views show MHW' and MLW'and
Plan" (attached) structure finish elevations
❑ Permanent ink or reproductions on mylar or ❑ Dredge or Fill, actual cubic yardage must be stated
linen .003 mis thick and typical cross sections shown
❑ Minimum letter size is 1/8 of an inch if ❑ Actual dimensions of structures(s) and or fill and the
freehand lettering, 1/10 of an inch letter distance which they extend beyond MHW' or OHW'
guides are used ❑ Change in Use of any structures on site must be
❑ Sheet number with total number in set on stated`
each sheet
❑ Title sheet contains the following in lower See 310 CMR 9.02,Waterways Regulations definitions
left: Plans accompanying Petition of of High Water Mark, Historic High Water Mark, Historic
[Applicant's name, structures and/or fill or Low Water Mark, and Low Water Mark.
change in use, waterway and municipality]
❑ North arrow Note: DEP may, at its discretion, accept appropriately
❑ Scale is suitable to clearly show proposed scaled preliminary plans in lieu of the plans
structures and enough of shoreline, existing described above. In general, DEP will accept
structures and roadways to define its exact preliminary plans only for non-water dependent
location projects and projects covered by MEPA to address
❑Scale is stated &shown by graphic bar scale site design components such as visual access,
on each sheet landscaping &site coverage. Anyone wishing to
submit preliminary plans must obtain prior approval
of the DEP Waterways Program before submitting
Boundaries them with their application.
❑ Property lines,full black lines,
along with abutters' names and addresses Water-Dependent Structures
❑ Mean High Water(MHW)'or Ordinary High
Water(OHW)",full black line ❑ Distance from adjacent piers, ramps or floats
❑ Mean Low Water(MLW)', black dotted line, (minimum distance of 25, where feasible)
(.............) ❑ Distance from nearest opposite shoreline
❑ Historic MHW'or OHW', (----) ❑ Distance from outside edge of any Navigable
❑ Historic MLW`,(... ..._.._) Channel
❑ State Harbor Lines, black dot-dash line ❑ Access stairs at MHW for lateral public passage, or
(—.—.—.—) with indication of Chapter& 5 feet of clearance under structure at MHW.
Act establishing them (Ch. ,Acts of)
❑ Reference datum is Mean Low Water',
MLW = 0.0) in tidal waters and USGS or
NGVD in non-tidal waters
❑ Floodplain Boundaries according to most Non Water-Dependent Structures
recent FEMA maps
❑ Proposed & Existing Easements described ❑ Depict extent of"Water-dependent Use Zone".
in metes & bounds See Waterways Regulations at 310 CMR 9.51-9.53 for
additional standards for non water-dependent use
projects.
n &Aoc Page]of 11
Rev.00100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
w Registry
Statement
n
m
31/2 i n c h e 5 inches
h+ Locus
Map
First SheetOnly
a.
c
1 „ 2114 inches--*
U
G
Sample Plan
8112 inches
P.E.
or
R.LS
scamp
�--3 Y4 inch e
Plan Accompanying T
Petition of... T DEP
Stamp
First Sheet Only
3/4 Border
w 6.Eoc
Re,OWOO Page B of 11
f
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix C: Use Statements for Permit & License Applications
Project Use Statement
noncommercial docking and boating access to
• Pier(private, non-commercial) navigable waters.
• Marina (public recreational boating facility) to provide a public recreation boating facility
• Marina (private recreational boating facility) to provide a private recreational boating facility
• Bulkhead/Seawall/RevetmenURiprap, etc shoreline stabilization for the protection of
a) existing structures
b) a water dependant use
Notes: 1) Pick either a) or b) above, which ever is
appropriate
2) If these structures will protect a new non-
water dependant use then the use of
these structures will also be considered
non-water dependant. [see CMR
9.12(2)(a)(11)1
• Pipeline crossing (sewer water line, gas, etc) Transmission of water/wastewater/natural gas
• Powerline crossing Transmission of electricity/telecommunication
(transmission/telecommunication)
• Public Boardwalk/Waterfront Park (Including Public access to waterfront open space for passive
recreational purposes
facilities for water dependent recreation
activities)
• Public Landing/Boat Ramp Public access to navigable waters
• Beach Nourishment 1) Public access to waterfront open space for
recreational purposes and/or
2) Shoreline stabilization
• Boathouse (accessory to private noncommercial Noncommercial storage of boats and other
pier) associated water dependent purposes
• Water Dependent Industrial Uses
• Waterborne Passenger Facilities(ferries, taxis, To provide a waterborne passenger transportation
etc) facility
• Dams/Tidal Gates To control water levels
viw96.0oc Page 9 o111
Rev.66/O9
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
c BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Application Completeness Checklist
❑ A completed and signed copy of Section A of the General Waterways Application, Sections B, C, D,
or E (as appropriate), and documentation along with the white page of the Transmittal Form, has
been sent to the appropriate regional office:
• Department of Environmental Protection _ Regional Office
• Waterways Program Other
❑ The Transmittal Form is completed.
Send the appropriate fee (see table below), in the form of a check or money order, along with the yellow
page of the Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
This table is also found in Question 4 of the instruction for completing the application, "How to Apply'
guide:
Water- Other Residential Other non Licenses with
dependent use water- non water- water- extended
projects' dependent dependent use dependent use terms
(accessory to a use projects projects projects
residential use
of a 4 dwelling
units
License or permit
application $100.00 $250.00 $500.00 $1500.00 2500.00
License or permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
Except for facilities subject to 310 CMR 9.16(3)(b)(2).,for which the applicable fees shall be the same
as those listed for licenses with extended terms.
❑ If required under 310 CMR 9.34(1), the application must include: a completed Municipal Zoning
Certification (Section D of the application) signed by the municipal clerk or appropriate municipal
official or,for the initial filing, an explanation of why the form is not included with the initial application
submittal. If the project is a public service project subject to zoning but will not require any municipal
approvals, submit a certification to the effect pursuant to 310 CMR 9.34(1).
ww96.tloc Page 10 of 11
Rev.06/00 -
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Application Completeness Checklist Cont.
❑ Included is a completed Municipal Planning Board Notification (Section E of the application)signed
by the municipal clerk, or appropriate municipal official for each town where the work is to be
performed, except in the case of a proposed bridge, dam, or similar structure across a river, cove, or
inlet, in which case it must be certified by every municipality into which the tidewater of said river,
cove, or inlet extends.
❑ Included are copies of all state regulatory approvals which are applicable pursuant to 310 CMR 9.33
or, for the initial fling, a list of such approvals which must be obtained.
❑ Included is a copy of one of the following: the final Order of Conditions (with accompanying plan)
under the Wetlands Protection Act, or a final Determination of Applicability under that Act stating that
an Order of Conditions is not required for the project or, for the initial filing (if the project does not
trigger review under MEPA), a copy of the Notice of Intent.
❑ If the project is subject to the Massachusetts Environmental Protection Act(MEPA), MGL 30,
subsections 61-61A and 301 CMR 11.00, submit as appropriate: a copy of the Environmental
Notification Form (ENF)and a Certificate of the Secretary of Environmental Affairs thereon, or a copy
of the final Environmental Impact Report(EIR) and Certificate of the Secretary stating that it
adequately and properly complies with MEPA; and any subsequent Notice of Project change and any
determination issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF
and the Certificate of the Secretary thereon must be submitted.
'If the project is subject to MEPA, the Chapter 91 Public Notice must also be submitted to MEPA for
publication in the "Environmental Monitor". Filing deadlines for MEPA are the 15'"and 30'"of each
month.
❑ A Water Quality Certificate, if applicable, pursuant to 310 CMR 9.33, is included.
❑ For non water-dependent projects, a statement is included explaining how the project serves a proper
public purpose which provides greater benefit than detriment to public rights in tidelands or great
ponds, and the manner in which the project meets the applicable standards identified in Appendix D.
If the project is a non water-dependent project located in the coastal zone, the statement should
explain how the project complies with the standard governing consistency of the policies of the
Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If the project is
located within an area covered by a Municipal Harbor Plan,the statement should describe how the
project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).
❑ Plans have been prepared in accordance with the instruction contained in Appendix A-B of the
application. For initial filing, meeting the requirements of 310 CMR 9.11(2)(b)(3).
Checklist for projects involving dredging:
❑ Included is a completed and signed copy of Part C of the application.
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Rev.06100
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Instructions for Completing Application
BRP WW 01 & BRP WW 03
How to Apply:
1. What is the purpose of these permits?
These permits are for a variety of different authorizations under MGL Chapter 91,the Public Waterfront Act,
and its regulations at 310 CMR 9.00(effective October 4, 1990). These permits must be obtained for the
placement of structures and fill,changes in use of existing licensed structures and fill,and dredging in current
and certain former state waterways. These permits are necessary to protect the public's property rights and
exercise certain regulatory controls in tidelands,former tidelands,great ponds and rivers.
The Waterways License review process accomplishes this by ensunng'that proposed or unlicensed existing
projects:
• do not unreasonably interfere with navigation;
• are structurally sound;
• provide proper public purposes;
• do not significantly interfere with public rights or the rights of adjacent waterfront property owners;
• will not adversely affect natural resources;
• if any of these detriments do occur,that the project provides adequate water-related public benefits to
outweigh such detriments.
DEP strongly encourages all applicants to purchase 310 CMR 9.00, which is available at the State Bookstores
in Boston and Springfield. _
2. Who must apply?
a. For what projects in what geographic areas is Chapter 91 authorization required?
For the authoritative explanation of Chapter 91 jurisdiction,please consult 310 CMR 9.02-9.06. There are
five basic categories of structures,fill or dredging in certain geographic areas which require the issuance of
some form of Chapter 91 authorization. To determine the appropriate form of authorization,see Question
2b below. These categories apply to new and existing projects and activities.
Examples of types of projects which typically require a Chapter 91 authorization include but are not limited
to: piers,wharves, floats,retaining walls,revetments,fill dredging,beach nourishment,pilings,culverts,
bridges,dams and some waterfront buildings,if on filled lands or over the water.
(1) Flowed Tidelands. Flowed tidelands are lands which are in, on, over, and under tidal waters
seaward of the current mean high water mark. This jurisdiction extends seaward to the state's 3 mile limit
of territorial jurisdiction. Any project in,on,over,or under flowed tidelands requires authorization.
(2) Filled Tidelands. Filled tidelands areformer submerged lands and tidal flats which are no longer
subject to tidal action due to the presence offill. Authorization is required for projects on filled tidelands if
located:
(a) in designated port areas,or
(b) between the first public way and the shore,or between 250 feet and the shore,whichever is further
from the water.
(3) Great Ponds. A great pond is a body of water having a water surface area of 10 acres or more in its
natural(historic)state. Projects in,on,over,or under the entire area of any great pond,whether larger or
smaller today than historically,are within Chapter 91 jurisdiction.
(4 Non-tidal Rivers and Steams. A non-tidal river or stream is a river or stream which is not
of ected by the actions of the ocean's tide. Chapter 91 authorization is required for any project in,on,over,
or under any non-tidal river or stream where public funds have been expended either upstream or
downstream within the river basin,except forportions not normally navigable during any season by any
vessel. Example of public expenditures include flood control,stream clearance,and channel improvement.
Certain specified projects not affecting navigation on non-tidal rivers and streams,however,are exempt
from Chapter 91 licensing under the provisions of 310 CMR 9.05(3)(8).
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BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(5) Changes in Use/Structural Alterations. Any change in use orstructural alternation ofany
existing licensed structures orfill requires authorization. For example,changing the use of a licensed
commercial fishing establishment to residential or non-fishing related office purposes would require a new
license. Additionally,any increase in the length,width,or height of an existing licensed structure or fill
would require the issuance of a new license.
b. What type of Chapter 91 authorization do different projects require?
There are four types of Chapter 91 authorizations available from DEP,three of which are described below:
(1) Waterways License(BRP WIN 01). All water-dependent use projects subject to the jurisdiction of
Chapter 91 under the provisions of 310 CMR 9.03 -9.05 must seek a standard Waterways License.An
Applicant for a non water-dependent use project may elect one of four application options.The review
schedule for each option varies depending upon the level of completeness of an application upon
submission.Please consult the table below for review timelines and the Waterways Regulations at 310
CMR 9.11(2)(b)1-4 for the submission requirements.Applicants for any Chapter 91 license must comply
with all applicable procedural and substantive requirements of 310 CMR 9.00.
DEP Action Partial Full Application Municipal Joint MEPA EIR
Application Harbor Plan
From date 45 days
application (administrative 25 days from
received/Assign file 45 days completeness 45 days receipt of final
#and issue public review also EIR or SEIR
notice completed)
Conduct public 40 days 40 days 40 days 15 days
hearing
No less than 30 No less than 30 No less than 30 No less than 30
Public comment days&no more days&no more days &no more days &no more
period closes than 60 days than 60 days than 60 days than 60 days
from notification from notification from notification from notification
date date date date
Determine file to be 30 days ----- 30 days
completed
Issue Written
Determination and 60 days 60 days 45 days 30 days
draft license
Appeal period 21 days 21 days 21 days 21 days
Issue license (or
date of Governor's 45 days 45 days 45 days 45 days
signature,
whichever is later)
(2) Waterways Permit(BRP WW 01). Projects not involving work on fill or structures may apply for a
DEP Waterways Permit for the following activities: any beach nourishment;any dredging; any disposal
involving the subaqueous placement of unconsolidated material below the low water mark;any burning of
rubbish or other material upon the water,in accordance with MGL Chapter 91, Section 52;and any
lowering of the water level of agreat pond,exce t for certain purposes described in 310 CMR 9.05(2)(e).
Permit applications are exempt from payment ofpdisplacement and occupation fees,are subject to certain
less stringent requirements,and are generally faster for DEP to process than license applications. At the
applicant's discretion,these activities may instead be included as part of a license application.
W W0103indoc Gage 2 d 7
Rev 07100
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(3) License or Permit Amendment(BRP WW 03). An applicant may apply to amend a valid
waterways license or permit(and,in the case of a non water-dependent project,the associated written
determination)for three purposes:
a. to renew a license term in accordance with the provisions of 310 CMR 9.05(2);
b. to delineate a reconfiguration zone within a marina in accordance with 310 CMR 9.25(2); or
c. to authorize a structural alternation or change in use not defined as substantial in accordance with
310 CMR 9.02.
Please note that maintenance and repair of licensed fill and structures in accordance with the requirements
of 310 CMR 9.22 is permitted without a license or a license amendment,as is maintenance dredging for 5
years after issuance of the license or permit. (Another time period may be specified in the license or
permit). DEP may also issue in writing,at the request of the licensee,clarifications and corrections
regarding any license or permit previously issued,without issuing a new license,permit,or amendment.
Please Note: In addition to the three authorizations described above,local Harbormasters can issue a
Harbormaster Annual Permit for Bottom-Anchored Moorings. Applicants should apply to the local
Harbormaster or other official designated by the local municipality. Under Section I OA of Chapter 91,and the
Waterways Regulations(3 10 CMR 9.07),any person who has obtained a Harbormaster Annual Permit for the
placement on a temporary basis of moorings,floats or rafts held by bottom-anchor,and any associated ramps,
need not obtain any other Chapter 91 approval from DEP for so long as the Harbormaster Permit remains valid.
Please note,however,that under 310 CMR 9.07(3)(f),no Harbormaster Permit shall be effective for structures
which either extend beyond any established state harbor line,encompass an area greater than 2,000 square feet,
or constitute a marina(10 or more berths or moorings),unless DEP has had an opportunity to review such
permit.
3. What other requirements should be considered when applying?
All applicants must provide evidence of compliance with applicable environmental regulatory programs of the
Commonwealth,according to the provisions of 310 CMR 9.33,with applicable provisions of a municipal harbor
plan,if any,and with local zoning law,according to the provisions of 310 CMR 9.34.
a. What prerequisites should be considered before applying for these permits?
There are several prerequisites. Please refer to the Application Completeness Checklist.
b. What concurrent applications are related to this permit?
There are several related concurrent applications. Please refer to the Application Completeness Checklist.
Note: Projects of this type may require MEPA review. Please carefully examine 301 CMR 11.00,the MEPA
Regulations,to determine if yourpro ect exceeds the MEPA review thresholds,or for more information contact
the MEPA Unit of the Executive Office of Environmental Affairs(100 Cambridge Street,Boston,MA 02202;
(617-727-5830). DEP cannot begin technical review of the application until the MEPA process has been
completed,unless otherwise agreed to in writing. Copies of MEPA filings(with reference to any applicable
Transmittal numbers)should be sent to the appropriate program offices in Boston and the MEPA Coordinator in
the appropriate Regional Office.
Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily
include all additional requirements.
W W 0103in.doc Page 3 of 9
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Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
4. What is the application fee?
Please consult the following table: ,
Water- Other water- Residential non Other non Licenses with
dependent use dependent water- water- extended
projects' use projects dependent use dependent use terms
(accessory to a projects projects
residential use of
a 4 dwelling
units
License or $100.00 $250.00 $500.00 $1500.00 2500.00
permit
application
License of
permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums").
5. What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Locations Reserve Copy Location
Department of Environmental Protection None Required.
Regional Office
Waterways Program
6. What are the timelines?
As of July 1,2000 the timelines for:
a. Water-dependent use projects are:
FN* AC T1
BRP WW 01 45 60 90
BRP WW 03 45 60 90
*A file number is assigned within this time period.
Where DEP has issued a draft license, draft permit or written determination pursuant to 310 CMR 9.14(5),
DEP shall issue a final license or permit within the period specified in 310 CMR 9.14(7).
There is no supplemental technical review or public comment period for these permits.
b. Non water-dependent use projects:
See Table 2(b)(1)at 310 CMR 9.11 for non water-dependent use project timelines.
7. What is the annual compliance fee?
There is an annual fee of$50 for Non-water Dependent Licensed Sites. This is a facility with a license to use
tidelands and which provides public access or other water dependent benefits as a license condition.
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BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
8.What other fees must I pay for these permits?
Occupation and Displacement fees for License amendments.
Occupation fees are fees required by statute and paid by license holders for their use of state land in projects
authorized by the license. Similarly,displacement fees are paid by license holders for their use of state waters.
Except for projects authorized by permit,and other projects exempted under 310 CMR 9.16(4), displacement
and occupation fees will be charged after DEP has approved your license or license amendment application,in
accordance with the provisions of 310 CMR 9.]0(4)(d)and 9.16(2)-(4),effective October 4, 1990. These fees
are one-time only.
The following one-time only fees apply:
Water-Deper(dent Non water- Any Project with
Use Projects Dependent Use Extended Term
Protects
Displacement fee(per cubic - $2.00 $10.00 $10.00
yard)
Occupation feet $1.00 x term $2.00 x term Appraisal
(per square yard of land held of license of license (310 CMR
by Commonwealth) t.t6(3)(c)) _
' Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums"),for which the applicable fees shall
be the same as those listed for licenses with extended terms.
2 The fee is calculated by multiplying the dollar rate shown by the length of the license term,in years,and by
the area of occupied land held by the Commonwealth. This is a fixed fee for the term of the license and is
assessed on a lump sum basis,except as provided in 310 CMR 9.16(3)(d).
9. How long are these permits in effect?
This varies,though usually licenses are valid for at least 30 years,and permits no more than 10 years.For more
information on terms,see 310 CMR 9.15.
10. How can I avoid the most common mistakes made in applying for these permits?
A.Carefully follow the plan specifications of Appendices A and B(as appropriate).
B. Submit fee and yellow page of the DEP Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston,MA 02211
11. What are the regulations that apply to these permits? Where can 1 get copies?
These regulations include,but are not limited to:
A. Waterways Regulations,310 CMR 9.00.
B. Timely Action and Fee Provisions,310 CMR 4.00.
C. Administrative Penalty Regulations,310 CMR 5.00.
These maybe purchased at:
State House Bookstore State House West Bookstore
Room 116 21 Elm Street
Boston,MA 02133 Springfield,MA 01103
617-727-2834 413-784-1376
These regulation are also available at the DEP Website:http://www.magnet.state.ma.us/dep/matrix.htm
W W 0103in.Eoc Page 5 of r
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Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Please read these instructions before completing sections A-E of the general waterways application form. See also
the"How to Apply Guide"and the"Application Completeness Checklist"for other filing requirements.For a further
description of application requirements,see 310 CMR 9.11 (and 9:10(4)for amnesty projects). Listed below are
explanations and instructions for completing certain items on the Application Form which are not self-explanatory.
Section D Municipal Zoning Certificate
Section A Project Information For other projects,if municipal zoning certification is
Please answer all questions on the General required under 310 CMR 9.34(1),applicants must
Waterways Application form,section A. If a question submit a completed Section D,Municipal Zoning
does not apply to your project write"not applicable"
(n/a)in that block.Please print or type all information Certification,signed by the Municipal Clerk or
provided on the form.Use black ink(blue ink or appropriate Municipal Official or,for the initial
pencil are not easily reproducible,therefore,neither filing,an explanation of why the Certification is not
will be accepted).If additional space is needed,attach included with the initial application submittal. If the
extra 8-1/2"x 11" sheets of paper. project is a public service project subject to zoning
but will not require any municipal approvals
Question 7 Project Description.The term"project" thereunder,the applicant must submit a certification -
refers to any work,action,conduct,alteration,change to that effect pursuant to 310 CMR 9.34(1).
of use,or other activity subject to jurisdiction of DEP
under M.G.L. Chapter 9l. Section E Municipal Planning Board
Notification
Question 11 Abutters.An"abutter"is defined as For other projects,applicants must submit a
the owner of land which shares a common boundary completed Section E,Municipal Planning Board
or comer with a project site,as well as the owner of Notification,signed by the Municipal Clerk or
land which lies within 50 feet across a water body appropriate Municipal Official for each town where
from such site. the work is to be performed,except in the case of a
proposed bridge,dam,or similar structure across a
Section B Certification river,cove,or inlet,in which case it must be certified
310 CMR 9.11(2)(a)states that all applications must by every municipality into which the tidewater of said
be signed by"the landowner if other than the river,cove,or inlet extends.
applicant.In lieu of the landowner's signature,the
applicant may provide other evidence of legal
authority to submit an application for the project
site."If the project is entirely on land owned by the
Commonwealth(e.g.most areas below the current
low water mark in tidelands and below the historic
high water mark of Great Ponds),you may simply
state this in lieu of the`landowner's signature".
Section C Dredging Addendum
The term"dredging"means the removal of materials
including,but not limited to,rocks,bottom sediments,
debris,sand,refuse,plant or animal matter,in any .
excavating,clearing,deepening,widening or
lengthening,either permanently or temporarily,of
any flowed tidelands,rivers,streams,ponds or other
waters of the Commonwealth. Dredging includes
improvement dredging, maintenance dredging,
excavating and backfilling or other dredging and
subsequent refilling.
WW0103in.Eoc Page 6 of]
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Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Public Notice Instructions Definitions for Completing the Public Notice
1) The Public Notice is to be used for all water 1) Transmittal number—found in the upper right
dependent projects and WW06 nonwater hand comer of the fee transmittal sheet.
dependent projects
2) Notification date—date the public notice is
2) MEPA projects—projects that exceed the MEPA published in the newspaper
thresholds must publish notice in the
Environmental Monitor. The Executive Office - 3) Project description—see question 7 on
of Environmental Affairs,MEPA Unit,publishes application form or e.g.,proposed pier,ramp
the Environmental Monitor twice per month. and float,existing bulkhead.
Filing deadlines are the 15"and last day of the
month,unless the day falls on a Saturday,Sunday 4) Regional phone and address—see DEP
or Holiday in which case the next business day is Permitting Contacts and Regional Maps Sheet to
used. Publication is 7 to 10 days following the find your project's regional review location.
filing deadline. See"How to Apply Guide"for
MEPA Unit address. 5) Proof of publication—a dated copy of the
newspaper notice must be sent to the regional
3) Public notice shall be published within 15 days office.
of submitting Waterways application and must be
published in a local newspaper for one day. Page 6) copy of return receipts that were sent to the
8 of these instructions contains a template for the parties listed in 310 CMR 9.13(1,)(a)should be
Public Notice. included with the copy of the newspaper notice
sent to the Department.
4) Please duplicate the Public Notice(below)and
fill-in the information which is in bold.
Public Notice Attachment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulation Program
Notice of License Application pursuant to M.G.L. Chapter 91
Waterways License Transmittal Number
(Applicant)
Notification Date: (Insert date of publication)
Public notice is hereby given of the application by(Name of Applicant)to license or permit(if dredging) ro'ect
description,i.e.proposed pier or existing pier,etc.)at(street address), (Assessors lot#and may#),in the
municipality of Town),in and over the waters of(waterbodv). The proposed use of the structure is(see Appendix C,
use statement)and is a(water-dependent fWW01,03 and 061 or non water dependent use project fWW061).
The Department will consider all written comments submitted(30 days for license or 15 days for dredging permit),
subsequent to the`Notification Date". All comments must reference the Waterways License Transmittal Number. A
public hearing may be held upon written request by the municipal official. Furthermore,a municipality,ten-citizen
group or any aggrieved person that has submitted written comments may become a party before the close of the
comment period. Failure to submit such comments will result in the waiver of any rights to an adjudicatory hearing. For
information call(regional office phone#). Plans and documents for this application are on file with the Department for
public viewing at the address below. Written comments should be addressed to Section Chief,DWW,(regional office
address)
W w0103iu.dw Pap 7 of 7
Rev 07100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
Y
BRP WW 01
Waterways Li
. cense or Permit
Y i
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
A. Project Information
Important:
When filling 1. Which Permit are you applying for? ❑ BRP WW 01 ❑ BRP WW 03
out forms on
the computer, If this is an amendment,please reference the license#
use only the
tab key to 2. Applicant:
move your
cursor-do Name
not use the
return key. Mailing Address
City/Town County State Zip Code
( ) ext.
"ew Day Telephone#
3. Authorized Agent (if any):
Name
Note: Please
refer to the Mailing Address
"Instructions for
Completing City/Town
Application BRP State Zip Code
WW 01 &BRP ( ) - ext
WW 03"before Day Telephone#
completing
sections A-E of 4. Property Information (all information must be provided):
this form.
Owner Name(if different from applicant)
Tax Assessor's Map and Parcel Numbers Iii
Location(street address) City?own
County Zip Code Latitude Longitude
5. Name of the water body:
6. The waterbody at the project site is within: (check a, b&c)
a. ❑ uncertain ❑tidal ❑ great pond
❑ river/stream ❑filled tidelands
b. ❑ uncertain ❑ natural
❑enlarged/dammed
c. ❑ uncertain ❑ACEC ❑ DPA
❑ ocean sanctuary
w 6.d.c
Rev.06100 Page 1 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
A. Project Information Cont.
7. Project/Activity description:
8. Description of existing and/or proposed uses(s):
(select use(s)from Appendix C)
9. Is this project: ❑ water-dependent? ❑ non water-dependent?
10. What is the approximate total cost of any proposed work (including materials &labor)?
11. List the name &complete mailing address of each abutter(attach additional sheets, if necessary):
12. "1 have attached project plans in accordance with the instructions contained in...":
❑ Appendix A(for permit applications) ❑ Appendix B (for license applications)
❑ Appendix C (use statements for permit
&license applications)
Appendices A-D begin on page 5 of this application package.
13. Term:
❑ Standard 30 years ❑ Extended 31-99 years
• Provide additional documentation in accordance
with 310 CMR 9.15 (1)(b)(2).
• Provide appropriate application fee in
accordance with "Table 1" at 310 CMR 9.16.
14. Other Approvals:
• Water Quality Certificate Wetlands File No.
(Date of Issuance )
• MEPA File No. Date of Secretary Certificate
w 6.doc Page 2 of 11
Rev.06100
-C\ Massachusetts Department of Environmental Protection
U9Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
B. Certification
All applicants,property owners and authorized agents
must sign this page.All future applications Applicant's signature
correspondence may be signed by the authorized
agent alone. Date
"I hereby make application for a permit or
Massachusetts Coastal Zone Management Program
to enter upon the premises of the project site at Property Owner's signature(if different than applicant)
reasonable times for the purpose of inspection.
"I hereby certify that the information license to Date
authorize the activities I have described herein. Upon
my signature, I agree to allow the duly authorized
representatives of the Massachusetts Department of Agent's signature(if applicable)
Environmental Protection and the submitted in this
application is true and accurate to the best of my Date
knowledge."
C. Waterways Dredging Addendum
1. Provide a description of the dredging project:
❑ Maintenance Dredging
(include date of last dredge & Permit No.) ❑ Improvement Dredging
purpose of dredging
2. What is the volume(cubic yards)of material to be dredged?
3. What method will be used to dredge?
❑ Hydraulic I ❑ Mechanical ❑ Other
4. Describe method of disposal and give the disposal location (include a separate disposal site location
map):
5. In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1,
easements for public access below the existing high water mark shall be secured by the applicant
and submitted to the Department.
w 06.doc Page 3 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
D. Municipal Zoning Certificate
Name of Applicant
Project street address waterway
City/Town
Description of use or change in use:
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official
Signature of Municipal Oficial
Title
city/Town
Date
w A6.0oc
Pa9a 4 of 11
Rev.06100 '
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
E. Municipal Planning Board Notification
Notice to
Applicant: This Name of Applicant
Municipal
Planning Board
Notification Project street address Waterway
section must be
submitted along City/Town
with the original
application Description of use or change in use:
material. If it
cannot be signed
by the
appropriate
municipal official
at the time of
delivery,the
applicant should
wait until he or
she receives the
executed
signature before
submitting the
completed
application
package to DEP. To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Oficial
Signature of Municipal Official
Title
City/Tom
Date
v 6.doc Page 5 o 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
tt General Waterways Application
Appendix A: Permit Plan Checklist
For projects applying for permits only, enclose drawings with the General Waterways Application that
include the following information:
General View Plan View
❑ Submit one original of all drawing. Submit ❑ North Arrow
the fewest number of sheets necessary to
adequately illustrate the project on 8 %:inch ❑ Locus Map
X 11 Inch paper.
❑ Standard engineering scale.
❑ A 1 inch margin should be left at the top
edge of each drawing for purposes of F-1Distancesfrom channel lines and structures if
reproduction and binding.A''/2 inch margin appropriate.
is required in the three other edges.
❑ Mean high water and mean low water shorelines
❑ A complete title block on each drawing (see definitions of"High Water Mark"and "Low
submitted should identify the project and Water Mark"at 310 CMR 9.02, C. 91 Regulations).
contain: the name of the waterway; name of
the applicant; number of the sheet and total ❑ Dimensions of area proposed to be dredged or
number of sheets in the set; and the date excavated.
the drawing was prepared.
❑ Notation or indication of disposal site.
❑ Use only dot shading, hatching, and dashed
or dotted line to sow or indicate particular ❑ Volume of proposed dredging or excavation.
features of the site on the drawings.
❑ Ordinary high water, proposed drawdown level, and
❑ If deemed appropriate by the Department, natural (historic) high water(for projects lowering
certification by the Registered Professional waters of Great Ponds).
Engineer or Land Surveyor is included.
Section Views
❑ Existing bottom and bank profiles.
❑ Vertical and/or horizontal scales.
❑ Proposed and existing depths relative to an
indicated datum.
❑ Elevation and details of control structure (for
projects lowering waters of Great Ponds).
wv.O6.doc Page 6 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix B: Mylar Plan Specification Checklist for Licenses
General Structures and Fill
❑ PE or RLS, as deemed appropriate by the ❑ All Structures and Fill shown in full BLACK lines,
Department, stamped and signed, in ink, clearly labeling which portions are existing, which
each sheet within 8 1/2 inch by 11 inch are Proposed and indicating Existing Waterways
border Licenses
❑ Format and dimensions conform to"Sample ❑ Cross Section Views show MHW*and MLW*and
Plan" (attached) structure finish elevations
❑ Permanent ink or reproductions on mylar or ❑ Dredge or Fill, actual cubic yardage must be stated
linen .003 mis thick and typical cross sections shown
❑ Minimum letter size is 1/8 of an inch if ❑ Actual dimensions of structures(s)and or fill and the
freehand lettering, 1/10 of an inch letter distance which they extend beyond MHW*or OHW*
guides are used ❑ Change in Use of any structures on site must be
❑ Sheet number with total number in set on stated*
each sheet
❑ Title sheet contains the following in lower See 310 CMR 9.02,Waterways Regulations definitions
left: Plans accompanying Petition of of High Water Mark, Historic High Water Mark, Historic
[Applicant's name, structures and/or fill or Low Water Mark, and Low Water Mark.
change in use, waterway and municipality]
❑ North arrow Note: DEP may, at its discretion, accept appropriately
❑ Scale is suitable to clearly show proposed scaled preliminary plans in lieu of the plans
structures and enough of shoreline, existing described above. In general, DEP will accept
structures and roadways to define its exact preliminary plans only for non-water dependent
location projects and projects covered by MEPA to address
❑Scale is stated &shown by graphic bar scale site design components such as visual access,
on each sheet landscaping &site coverage. Anyone wishing to
submit preliminary plans must obtain prior approval
of the DEP Waterways Program before submitting
Boundaries them with their application.
❑ Property lines, full black lines,
along with abutters' names and addresses Water-Dependent Structures
❑ Mean High Water(MHW)*or Ordinary High
Water(OHW)*,full black line ❑ Distance from adjacent piers, ramps or floats
❑ Mean Low Water(MLW)*, black dotted line, (minimum distance of 25, where feasible)
( • •••••.•••) ❑ Distance from nearest opposite shoreline
❑ Historic MHW*or OHW*, (----) ❑ Distance from outside edge of any Navigable
❑ Historic MLW*,(..._..._..._) Channel
❑ State Harbor Lines, black dot-dash line ❑ Access stairs at MHW for lateral public passage, or
(—.—.—. —)with indication of Chapter& 5 feet of clearance under structure at MHW.
Act establishing them (Ch. ,Acts of)
❑ Reference datum is Mean Low Water*,
MLW =0.0 ) in tidal waters and USGS or
NGVD in non-tidal waters
❑ Floodplain Boundaries according to most Non Water-Dependent Structures
recent FEMA maps
❑ Proposed & Existing Easements described ❑ Depict extent of Water-dependent Use Zone'.
in metes &bounds See Waterways Regulations at 310 CMR 9.51-9.53 for
additional standards for non water-dependent use
projects.
m 06.Eoc Page]of 11
Rev.0640
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
ca+ Registry
Statement
3112 i n c h e 5 inche
h+ Locus
Map
First Sheet Only
e
1 „ 2114 inches--P-
Sample Plan
81/2 inches
P.E.
or
R.LS
Scamp
�-3 314 in e
Plan Accompany ing T
Petition of... T DEP
Stamp
First Sheet Only
314 " Border
w 6Eoc
Rev.06100 Page 8 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix C: Use Statements for Permit & License Applications
Project Use Statement
Pier(private, non-commercial) noncommercial docking and boating access to
' navigable waters.
• Marina (public recreational boating facility) to provide a public recreation boating facility
• Marina (private recreational boating facility) to provide a private recreational boating facility
Bulkhead/Seawall/RevetmenURiprap, etc shoreline stabilization for the protection of
• a) existing structures
b) a water dependant use
Notes: 1) Pick either a) or b) above, which ever is
appropriate
2) If these structures will protect a new non-
water dependant use then the use of
these structures will also be considered
non-water dependant. (see CMR
9.12(2)(a)(11)]
• Pipeline crossing (sewer water line, gas, etc) Transmission of water/wastewater/natural gas
• Powerline crossing Transmission of electricity/telecommunication
(transmission/telecommunication)
Public Boardwalk Waterfront Park (Including Public access to waterfront open space for passive
• recreational purposes
facilities for water dependent recreation
activities)
• Public Landing/Boat Ramp Public access to navigable waters
• Beach Nourishment 1) Public access to waterfront open space for
recreational purposes and/or
2) Shoreline stabilization
• Boathouse(accessory to private noncommercial Noncommercial storage of boats and other
pier) associated water dependent purposes
• Water Dependent Industrial Uses
• Waterborne Passenger Facilities (ferries, taxis, To provide a waterborne passenger transportation
etc) facility
• Dams/Tidal Gates To control water levels
x 6.Eoo Page 9 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
Y
BRP WW 01 Waterways License or Permit
• BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Application Completeness Checklist
❑ A completed and signed copy of Section A of the General Waterways Application, Sections B, C, D,
or E (as appropriate), and documentation along with the white page of the Transmittal Form, has
been sent to the appropriate regional office:
• Department of Environmental Protection Regional Office
• Waterways Program Other
❑ The Transmittal Form is completed.
Send the appropriate fee (see table below), in the form of a check or money order, along with the yellow
page of the Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
This table is also found in Question 4 of the instruction for completing the application, "How to Apply"
guide:
Water- Other Residential Other non Licenses with
dependent use water- non water- water- extended
projects' dependent dependent use dependent use terms
(accessory to a use projects projects projects
residential use
of a 4 dwelling
units
License or permit
application $100.00 $250.00 $500.00 $1500.00 2500.00
License or permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
Except for facilities subject to 310 CMR 9.16(3)(b)(2)., for which the applicable fees shall be the same
as those listed for licenses with extended terms.
❑ If required under 310 CMR 9.34(1),the application must include: a completed Municipal Zoning
Certification (Section D of the application) signed by the municipal clerk or appropriate municipal
official or, for the initial filing, an explanation of why the form is not included with the initial application
submittal. If the project is a public service project subject to zoning but will not require any municipal
approvals, submit a certification to the effect pursuant to 310 CMR 9.34(1).
w 6.0oc Page 10 of 11
Rev.06100 -
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Application Completeness Checklist Cont.
❑ Included is a completed Municipal Planning Board Notification (Section E of the application)signed
by the municipal clerk, or appropriate municipal official for each town where the work is to be
performed, except in the case of a proposed bridge, dam, or similar structure across a river, cove, or
inlet, in which case it must be certified by every municipality into which the tidewater of said river,
cove, or inlet extends.
❑ Included are copies of all state regulatory approvals which are applicable pursuant to 310 CMR 9.33
or,for the initial filing, a list of such approvals which must be obtained.
❑ Included is a copy of one of the following: the final Order of Conditions (with accompanying plan)
under the Wetlands Protection Act, or a final Determination of Applicability under that Act stating that
an Order of Conditions is not required for the project or, for the initial filing (if the project does not
trigger review under MEPA), a copy of the Notice of Intent.
❑ If the project is subject to the Massachusetts Environmental Protection Act(MEPA), MGL 30,
subsections 61-61A and 301 CMR 11.00, submit as appropriate: a copy of the Environmental
Notification Form (ENF) and a Certificate of the Secretary of Environmental Affairs thereon, or a copy
of the final Environmental Impact Report(EIR) and Certificate of the Secretary stating that it
adequately and properly complies with MEPA; and any subsequent Notice of Project change and any
determination issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF
and the Certificate of the Secretary thereon must be submitted.
'If the project is subject to MEPA, the Chapter 91 Public Notice must also be submitted to MEPA for
publication in the"Environmental Monitor'. Filing deadlines for MEPA are the 15' and 301h of each
month.
❑ A Water Quality Certificate, if applicable, pursuant to 310 CMR 9.33, is included.
❑ For non water-dependent projects, a statement is included explaining how the project serves a proper
public purpose which provides greater benefit than detriment to public rights in tidelands or great
ponds, and the manner in which the project meets the applicable standards identified in Appendix D.
If the project is a non water-dependent project located in the coastal zone, the statement should
explain how the project complies with the standard governing consistency of the policies of the
Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If the project is
located within an area covered by a Municipal Harbor Plan,the statement should describe how the
project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).
❑ Plans have been prepared in accordance with the instruction contained in Appendix A-B of the
application. For initial filing, meeting the requirements of 310 CMR 9.11(2)(1b)(3).
Checklist for projects involving dredging:
❑ Included is a completed and signed copy of Part C of the application.
v 6.doc Page 11 of 1
Rev.06100
• Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Instructions for Completing Application
BRP WW 01 & BRP WW 03
How to Apply: -
1. What is the purpose of these permits?
These permits are for a variety of different authorizations under MGL Chapter 91,the Public Waterfront Act,
and its regulations at 310 CMR 9.00(effective October 4, 1990). These permits must be obtained for the
placement of structures and fill,changes in use of existing licensed structures and fill,and dredging in current
and certain former state waterways. These permits are necessary to protect the public's property rights and
exercise certain regulatory controls in tidelands,former tidelands;great ponds and rivers.
The Waterways License review process accomplishes this by ensuring that proposed or unlicensed existing
projects:
• do not unreasonably interfere with navigation;
• are structurally sound;
• provide proper public purposes;
• do not significantly interfere with public rights or the rights of adjacent waterfront property owners;
• will not adversely affect natural resources;
• if any of these detriments do occur,that the project provides adequate water-related public benefits to
outweigh such detriments.
DEP strongly encourages all applicants to purchase 310 CMR 9.00, which is available at the State Bookstores
in Boston and Springfield.
2. Who must apply?
a. For what projects in what geographic areas is Chapter 91 authorization required?
For the authoritative explanation of Chapter 91 jurisdiction,please consult 310 CMR 9.02-9.06. There are
five basic categories of structures,fill or dredging in certain geographic areas which require the issuance of
some form of Chapter 91 authorization. To determine the appropriate form of authorization,see Question
2b below. These categories apply to new and existing projects and activities.
Examples of types of projects which typically require a Chapter 91 authorization include but are not limited
to: piers,wharves,floats,retaining walls,revetments,fill dredging,beach nourishment,pilings,culverts,
bridges,dams and some waterfront buildings,if on filled lands or over the water.
(1) Flowed Tidelands. Flowed tidelands are lands which are in, on, over, and'under tidal waters
seaward of the current mean high watermark. This jurisdiction extends seaward to the state's 3 mile limit
of territorial jurisdiction. Any project in,on,over,or under flowed tidelands requires authorization.
(2) Filled Tidelands. Filled tidelands are former submerged lands and tidal flats which are no longer
subject to tidal action due to the presence offfll. Authorization is required for projects on filled tidelands if
located:
a) in designated port areas,or
b) between the first public way and the shore,or between 250 feet and the shore,whichever is further
from the water.
(3) Great Ponds. A great pond is a body of water having a water surface area of 10 acres or more in its
natural(historic)state. Projects in,on,over,or under the entire area of any great pond,whether larger or
smaller today than historically,are within Chapter 91 jurisdiction.
(4 Non-tidal Rivers and Steams. A non-tidal river or stream is a river or stream which is not
affected by the actions of the ocean's tide. Chapter 91 authorization is required for any project in,on,over,
or under any non-tidal river or stream where public funds have been expended either upstream or
downstream within the river basin,except for portions not normally navigable during any season by any
vessel. Example of public expenditures include flood control,stream clearance,and channel improvement.
Certain specified projects not affecting navigation on non-tidal rivers and streams,however,are exempt
from Chapter 91 licensing under the provisions of 310 CMR 9.05(3)(g). -
wwatoJln.doc Page 1 of]
R. 07100
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(5) Changes In Use/Structural Alterations. Any change in use or structural alternation ofany
existing licensed structures or fill requires authorization. For example,changing the use of a licensed
commercial fishing establishment to residential or non-fishing related office purposes would require a new
license. Additionally,any increase in the length,width,or height of an existing licensed structure or fill
would require the issuance of a new license.
b. What type of Chapter 91 authorization do different projects require?
There are four types of Chapter 91 authorizations available from DEP,three of which are described below:
(1) Waterways License(BRP WW 01). All water-dependent use projects subject to the jurisdiction of
Chapter 91 under the provisions of 310 CMR 9.03-9.05 must seek a standard Waterways License. An
Applicant for a non water-dependent use project may elect one of four application options. The review .
schedule for each option varies of
upon the level of completeness of an application upon
submission.Please consult the table below for review timelines and the Waterways Regulations at 310
CMR 9.11(2)(b)l-4 for the submission requirements. Applicants for any Chapter 91 license must comply
with all applicable procedural and substantive requirements of 310 CMR 9.00.
DEP Action Partial Full Application Municipal Joint MEPA EIR
Application Harbor Plan
From date 45 days
application (administrative 25 days from
received/Assign file 45 days completeness 45 days receipt of final
#and issue public review also EIR or SEIR
notice completed)
Conduct public 40 days 40 days 40 days 15 days
hearing
No less than 30 No less than 30 No less than 30 No less than 30
Public comment days&no more days& no more days&no more days &no more
period closes than 60 days than 60 days than 60 days than 60 days
from notification from notification from notification from notification
date date date date
Determine file to be 30 days ----- 30 days
completed
Issue Written
Determination and 60 days 60 days 45 days 30 days
draft license
Appeal period 21 days 21 days 21 days 21 days
Issue license(or
date of Governor's 45 days 45 days 45 days 45 days
signature,
whichever is later)
(2) Waterways Permit(BRP WW 01). Projects not involving work on fill or structures may apply for a
DEP Waterways Permit for the following activities: any beach nourishment;any dredging;any disposal
involving the subaqueous placement of unconsolidated material below the low water mark;any burning of
rubbish or other material upon the water,in accordance with MGL Chapter 91,Section 52; and any
lowering of the water level of a great pond,except for certain purposes described in 310 CMR 9.05(2)(e).
Permit applications are exempt from payment of displacement and occupation fees,are subject to certain
less stringent requirements,and are generally faster for DEP to process than license applications. At the
applicant's discretion,these activities may instead be included as part of a license application.
W W 0103in.Eoe Page 2 d 7
Rev 07100
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
(3) License or Permit Amendment(BRP WW 03). An applicant may apply to amend a valid
waterways license or permit(and, in the case of a non water-dependent project,the associated written
determination)for three purposes:
a. to renew a license term in accordance with the provisions of 310 CMR 9.05(2);
b. to delineate a reconfiguration zone within a marina in accordance with 310 CMR 9.25(2); or
c. to authorize a structural alternation or change in use not defined as substantial in accordance with
310 CMR 9.02.
Please note that maintenance and repair of licensed fill and structures in accordance with the requirements
of 310 CMR 9.22 is permitted without a license or a license amendment,as is maintenance dredging for 5
years after issuance of the license or permit. (Another time period may be specified in the license or
permit). DEP may also issue in writing,at the request of the licensee,clarifications and corrections
regarding any license or permit previously issued,without issuing a new license,permit,or amendment.
Please Note. In addition to the three authorizations described above,local Harbormasters can issue a
Harbormaster Annual Permit for Bottom-Anchored Moorings.Applicants should apply to the local
Harbormaster or other official designated by the local municipality. Under Section I OA of Chapter 91,and the
.. Waterways Regulations(310 CMR 9.07),anyperson who has obtained a Harbormaster Annual Permit for the
placement on a temporary basis of moorings,floats or rafts held by bottom-anchor,and any associated ramps,
need not obtain any other Chapter 91 approval from DEP for so long as the Harbormaster Permit remains valid.
Please note,however,that under 310 CMR 9.07(3)( no Harbormaster Permit shall be effective for structures
which either extend beyond any established state bar or line,encompass an area greater than 2,000 square feet,
or constitute a marina(10 or more berths or moorings),unless DEP has had an opportunity to review such
permit.
3. What other requirements should be considered when applying?
All applicants must provide evidence of compliance with applicable environmental regulatory programs of the
Commonwealth,according to the provisions of 310 CMR 9.33,with applicable provisions of a municipal harbor
plan,if any,and with local zoning law,according to the provisions of 310 CMR 9.34.
a. What prerequisites should be considered before applying for these permits?
There are several prerequisites. Please refer to the Application Completeness Checklist.
b. What concurrent applications are related to this permit?
There are several related concurrent applications. Please refer to the Application Completeness Checklist.
Note: Projects of this type may require MEPA review. Please carefully examine 301 CMR 11.00,the MEPA
Regulations,to determine if our ro'ect exceeds the MEPA review thresholds,or for more information contact
the MEPA Unit of the Executive Office of Environmental Affairs(100 Cambridge Street,Boston,MA 02202;
(617-727-5830). DEP cannot begin technical review of the application until the MEPA process has been
completed, unless otherwise agreed to in writing. Copies of MEPA filings(with reference to any applicable
Transmittal numbers)should be sent to the appropriate program offices in Boston and the MEPA Coordinator in
the appropriate Regional Office.
Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily
include all additional requirements.
W W0103in.doc Page 3 of
Rev OD00
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
4. What is the application fee?
Please consult the following table:
Water- Other water- Residential non Other non Licenses with
dependent use dependent water- water- extended
projects' use projects dependent use dependent use terms
(accessory to a projects projects
residential use of
a 4 dwelling
units
License or $100.00 $250.00 $500.00 $1500.00' 2500.00
permit
application
License of
permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
' Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums").
5. What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Locations Reserve Copy Location
Department of Environmental Protection None Required.
Regional Office
Waterways Program
6. What are the timelines?
As of July 1,2000 the timelines for:
a. Water-dependent use projects are:
FN' AC T1
BRP WW 01 45 60 90
BRP WW 03 45 60 90
•A file number is assigned within this time period.
Where DEP has issued a draft license, draft permit or written determination pursuant to 310 CMR 9.14(5),
DEP shall issue a final license or permit within the period specified in 310 CMR 9.14(7).
There is no supplemental technical review or public comment period for these permits.
b. Non water-dependent use projects:
See Table 2(b)(1)at 310 CMR 9.11 for non water-dependent use project timelines.
7. What is the annual compliance fee?
There is an annual fee of$50 for Non-water Dependent Licensed Sites. This is a facility with a license to use
tidelands and which provides public access or other water dependent benefits as a license condition.
W W0103in,doc Page 4 of 7
Rev 07100
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
8.What other fees must I pay for these permits?
Occupation and Displacement fees for License amendments.
Occupation fees are fees required by statute and paid by license holders for their use of state land in projects
authorized by the license. Similarly,displacement fees are paid by license holders for their use of state waters.
Except for projects authorized by permit,and other projects exempted under 310 CMR 9.16(4),displacement
and occupation fees will be charged after DEP has approved your license or license amendment application,in
accordance with the provisions of 310 CMR 9.10(4)(d)and 9.16(2)-(4),effective October 4, 1990. These fees
are ane-time only.
The following one-time only fees apply:
Water-Deperjdent Non water- Any Project with
Use Projects Dependent Use Extended Term
Projects
Displacement fee (per cubic $2.00 $10.00 $10.00
yard)
Occupation feet $1.00 x term $2.00 x term Appraisal
(per square yard of land held of license of license 310 CMR
by Commonwealth) .16(3)(c))
Except for facilities subject to 310 CMR 9.16(3)(b)(2)("dockominiums"), for which the applicable fees shall
be the same as those listed for licenses with extended terms.
z The fee is calculated by multiplying the dollar rate shown by the length of the license term,in years,and by
the area of occupied land held by the Commonwealth. This is a fixed fee for the term of the license and is
assessed on a lump sum basis,except as provided in 310 CMR 9.16(3)(d).
9. How long are these permits in effect?
This varies,though usually licenses are valid for at least 30 years,and permits no more than 10 years.For more
information on terms,see 310 CMR 9.15.
10. How can 1 avoid the most common mistakes made in applying for these permits?
A. Carefully follow the plan specifications of Appendices A and B(as appropriate).
B. Submit fee and yellow page of the DEP Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston,MA 02211
11. What are the regulations that apply to these permits? Where can I get copies?
These regulations include,but are not limited to:
A. Waterways Regulations,310 CMR 9.00.
B. Timely Action and Fee Provisions,310 CMR 4.00.
C. Administrative Penalty Regulations,310 CMR 5.00.
These may be purchased at:
State House Bookstore State House West Bookstore
Room 116 21 Elm Street
Boston,MA 02133 Springfield,MA 01103
617-727-2834 413-784-1376
These regulation are also available at the DEP Website: http://www.magnet.state.ma.us/dep/matrix.htm
wwoiwin.doc Page 5&7
Rev 07/00
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Please read these instructions before completing sections A-E of the general waterways application form. See also
the"How to Apply Guide"and the"Application Completeness Checklist"for other filing requirements.For a further
description of application requirements,see 310 CMR 9.11 (and 9.10(4) for amnesty projects). Listed below are
explanations and instructions for completing certain items on the Application Form which are not self-explanatory.
Section D Municipal Zoning Certificate
Section A Project Information For other projects,if municipal zoning certification is
Please answer all questions on the General required under 310 CMR 9.34(1),applicants must
Waterways Application form, section A.If a question submit a completed Section D,Municipal Zoning
does not apply to your project write "not applicable"
(n/a)in that block. Please print or type all information Certification,signed by the Municipal Clerk or
provided on the form.Use black ink(blue ink or appropriate Municipal Official or,for the initial
pencil are not easily reproducible,therefore,neither filing,an explanation of why the Certification is not
will be accepted).If additional space is needed,attach included with the initial application submittal.If the
extra 8-1/2"x 11"sheets of paper. project is a public service project subject to zoning
but will not require any municipal approvals
Question 7 Project Description.The term"project" thereunder,the applicant must submit a certification
refers to any work,action,conduct,alteration,change to that effect pursuant to 310 CMR 9.34(1).
of use,or other activity subject to jurisdiction of DEP
under M.G.L. Chapter 9l. Section E Municipal Planning Board
Notification
Question 1 I Abutters.An"abutter"is defined as For other projects,applicants must submit a
the owner of land which shares a common boundary completed Section E,Municipal Planning Board
or comer with a project site,as well as the owner of Notification, signed by the Municipal Clerk or
land which lies within 50 feet across a water body appropriate Municipal Official for each town where
from such site. the work is to be performed,except in the case of a
proposed bridge,dam,or similar structure across a
Section B Certification river,cove,or inlet,in which case it must be certified
310 CMR 9.11(2)(a)states that all applications must by every municipality into which the tidewater of said
be signed by"the landowner if other than the river,cove,or inlet extends.
applicant. In lieu of the landowner's signature,the
applicant may provide other evidence of legal
authority to submit an application for the project
site."If the project is entirely on land owned by the
Commonwealth(e.g.most areas below the current
low water mark in tidelands and below the historic
high water mark of Great Ponds),you may simply
state this in lieu of the`landowner's signature".
Section C Dredging Addendum
The term"dredging"means the removal of materials
including,but not limited to,rocks,bottom sediments,
debris,sand,refuse,plant or animal matter,in any
excavating,clearing,deepening,widening or
lengthening,either permanently or temporarily,of
any flowed tidelands,rivers,streams,ponds or other
waters of the Commonwealth.Dredging includes
improvement dredging, maintenance dredging,
excavating and backfilling or other dredging and
subsequent refilling.
W W 0103ndoc Page 6 017
Rev 07/00
Massachusetts Department of Environmental Protection
BRP WW 01 Waterways License or Permit Instructions
BRP WW 03 License or Permit Amendment Instructions
Massachusetts Public Waterfront Act (M.G.L. Chapter 91)
Public Notice Instructions Definitions for Completing the Public Notice
1) The Public Notice is to be used for all water 1) Transmittal number—found in the upper right
dependent projects and WW06 nonwater hand comer of the fee transmittal sheet.
dependent projects
2) Notification date—date the public notice is
2) MEPA projects—projects that exceed the MEPA published in the newspaper
thresholds must publish notice in the
Environmental Monitor. The Executive Office 3) Project description—see question 7 on
of Environmental Affairs,MEPA Unit,publishes application form or e.g.,proposed pier,ramp
the Environmental Monitor twice per month. and float,existing bulkhead.
Filing deadlines are the 15"and last day of the
month,unless the day falls on a Saturday,Sunday 4) Regional phone and address—see DEP
or Holiday in which case the next business day is Permitting Contacts and Regional Maps Sheet to
used. Publication is 7 to 10 days following the find your project's regional review location.
filing deadline. See"How to Apply Guide"for
MEPA Unit address. 5) Proof of publication—a dated copy of the
newspaper notice must be sent to the regional
3) Public notice shall be published within 15 days office.
of submitting Waterways application and must be
published in a local newspaper for one day.Page 6) copy of return receipts that were sent to the
8 of these instructions contains a template for the parties listed in 310 CMR 9.13(1)(a)should be
Public Notice. included with the copy of the newspaper notice
sent to the Department.
4) Please duplicate the Public Notice(below)and
fill-in the information which is in bold.
Public Notice Attachment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulation Program
Notice of License Application pursuant to M.G.L.Chapter 91
Waterways License Transmittal Number
(Applicant)
Notification Date: (Insert date of publication)
Public notice is hereby given of the application by(Name of Applicant)to license or permit(if dredging) ro'ect
description,i.e.proposed pier or existing pier,etc.)at(street address),(Assessors lot#and map#),in the
municipality of Town),in and over the waters of(waterbody). The proposed use of the structure is(see Appendix C,
use statement)and is a(water-dependent tWW01,03 and 061 or non water dependent use project IWW061).
The Department will consider all written comments submitted(30 days for license or 15 days for dredging permit),
subsequent to the"Notification Date". All comments must reference the Waterways License Transmittal Number. A_
public hearing may be held upon written request by the municipal official. Furthermore,a municipality,ten-citizen
group or any aggrieved person that has submitted written comments may become a patty before the close of the
comment period. Failure to submit such comments will result in the waiver of any rights to an adjudicatory hearing. For
information call(regional office phone D. Plans and documents for this application are on file with the Department for
public viewing at the address below. Written comments should be addressed to Section Chief,DWW,(regional office
address
W W0103in.do Page]of r
Rav 07100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit AmendmentU9 Transmittal Number
General Waterways Application
A. Project Information
Important:
When filling 1. Which Permit are you applying for? ❑ BRP WW 01 ❑ BRP WW 03
out forms on
the computer, If this is an amendment.please reference the license#
use only the
tab key to 2. Applicant:
move your
Cursor-do Name
not use the
return key. Mailing Address
City/town
_ County State Zip Code
( ) ext
"Of Day Telephone-i-
3.
elephone#3. Authorized Agent (if any):
Name
Note: Please
refer to the Mailing Address
"Instructions for
Completing
Application BRP City/rown State Zi Code
WW 01 & BRP ( ) - ext p
WW 03"before Day Telephone#
completing
sections A-E of 4. Property Information (all information must be provided):
this form.
Owner Name(if different from applicant)
Tax Assessors Map and Parcel Numbers
Location(street address) City/I own
County Zip Code Latitude Longitude
5. Name of the water body:
6. The waterbody at the project site is within: (check a, b&c)
a. ❑ uncertain ❑ tidal
Elriver/stream El great pond
❑filled tidelands
b. ❑ uncertain ❑ natural ❑ enlarged/dammed
c. ❑ uncertain ❑ACEC ❑ DPA
❑ ocean sanctuary
w 6.doc
Rev.06100 page 1 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
A. Project Information Cont.
7. Project/Activity description:
8. Description of existing and/or proposed uses(s):
(select use(s)from Appendix C)
9. Is this project: ❑ water-dependent? ❑ non water-dependent?
10. What is the approximate total cost of any proposed work (including materials &labor)?
11. List the name& complete mailing address of each abutter(attach additional sheets, if necessary):
12. "1 have attached project plans in accordance with the instructions contained in...":
❑ Appendix A(for permit applications) ❑ Appendix B (for license applications)
❑ Appendix C (use statements for permit
&license applications)
Appendices A-D begin on page 5 of this application package.
13. Term:
❑ Standard 30 years ❑ Extended 31-99 years
• Provide additional documentation in accordance
with 310 CMR 9.15 (1)(b)(2).
• Provide appropriate application fee in
accordance with"Table 1"at 310 CMR 9.16.
14. Other Approvals:
• Water Quality Certificate • Wetlands File No.
(Date of Issuance )
• MEPA File No. • Date of Secretary Certificate
w 6.Eoc Page 2.1 11
Ra.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
B. Certification
All applicants,property owners and authorized agents
must sign this page.All future applications Applicant's signature
correspondence may be signed by the authorized
agent alone. Date
"I hereby make application for a permit or
Massachusetts Coastal Zone Management Program
to enter upon the premises of the project site at Property Owner's signature(if different than applicant)
reasonable times for the purpose of inspection.
"I hereby certify that the information license to Date
authorize the activities I have described herein.Upon
my signature, I agree to allow the duly authorized
representatives of the Massachusetts Department of Agent's signature(if applicable)
Environmental Protection and the submitted in this
application is true and accurate to the best of my Date
knowledge."
C. Waterways Dredging Addendum
1. Provide a description of the dredging project:
❑ Maintenance Dredging
(include date of last dredge & Permit No.) ❑ Improvement Dredging
purpose of dredging
2. What is the volume (cubic yards) of material to be dredged?
3. What method will be used to dredge?
❑ Hydraulic ❑ Mechanical ❑ Other
4. Describe method of disposal and give the disposal location (include a separate disposal site location
map):
5. In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1,
easements for public access below the existing high water mark shall be secured by the applicant
and submitted to the Department.
v 6.doc Page 3of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
D. Municipal Zoning Certificate
Name of Applicant
Project street address Waterway
City/Town
Description of use or change in use:
To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official
Signature of Municipal Official
Title
City/town
Date
w 06.doc 1 Page 4 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
E. Municipal Planning Board Notification
Notice to
Applicant:This Name of Applicant
Municipal
Planning Board Project street address Waterway
Notification
section must be
submitted along Cityfrown
with the original
application Description of use or change in use:
material. If it
cannot be signed
by the
appropriate
municipal official
at the time of
delivery,the
applicant should
wait until he or
she receives the
executed
signature before
submitting the
completed
application
package to DEP. To be completed by municipal clerk or appropriate municipal official:
"I hereby certify that the project described above and more fully detailed in the applicant's waterways
license application and plans is not in violation of local zoning ordinances and bylaws."
Printed Name of Municipal Official
Signature of Municipal Official
Title
City(Town
Date
v 6.doc Page 5 of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix A: Permit Plan Checklist
For projects applying for permits only, enclose drawings with the General Waterways Application that
include the following information:
General View Plan View
❑ Submit one original of all drawing. Submit ❑ North Arrow
the fewest number of sheets necessary to
adequately illustrate the project on 8 % inch ❑ Locus Map
X 11 Inch paper.
❑ Standard engineering scale.
❑ A 1 inch margin should be left at the top
edge of each drawing for purposes of ❑ Distances from channel lines and structures if
reproduction and binding.A''/f inch margin appropriate.
is required in the three other edges.
❑ Mean high water and mean low water shorelines
❑ A complete title block on each drawing (see definitions of"High Water Mark" and"Low
submitted should identify the project and Water Mark"at 310 CMR 9.02, C. 91 Regulations).
contain: the name of the waterway; name of
the applicant; number of the sheet and total ❑ Dimensions of area proposed to be dredged or
number of sheets in the set; and the date excavated.
the drawing was prepared.
❑ Notation or indication of disposal site.
❑ Use only dot shading, hatching, and dashed
or dotted line to sow or indicate particular ❑ Volume of proposed dredging or excavation.
features of the site on the drawings.
❑ Ordinary high water, proposed drawdown level, and
❑ If deemed appropriate by the Department, natural (historic) high water(for projects lowering
certification by the Registered Professional waters of Great Ponds).
Engineer or Land Surveyor is included.
Section Views
❑ Existing bottom and bank profiles.
❑ Vertical and/or horizontal scales.
❑ Proposed and existing depths relative to an
indicated datum.
❑ Elevation and details of control structure(for
projects lowering waters of Great Ponds).
w 6.tloc Page 6 o/11
Rev.woo
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix B: Mylar Plan Specification Checklist for Licenses
General Structures and Fill
❑ PE or RLS, as deemed appropriate by the ❑ All Structures and Fill shown in full BLACK lines,
Department, stamped and signed, in ink, clearly labeling which portions are existing, which
each sheet within 8 1/2 inch by 11 inch are Proposed and indicating Existing Waterways
border Licenses
❑ Format and dimensions conform to"Sample ❑ Cross Section Views show MHW*and MLW*and
Plan" (attached) structure finish elevations
❑ Permanent ink or reproductions on mylar or ❑ Dredge or Fill, actual cubic yardage must be stated
linen .003 mis thick and typical cross sections shown
❑ Minimum letter size is 1/8 of an inch if ❑ Actual dimensions-of structures(s) and or fill and the
freehand lettering, 1/10 of an inch letter distance which they extend beyond MHW*or OHW*
guides are used ❑ Change in Use of any structures on site must be
❑ Sheet number with total number in set on stated*
each sheet
❑ Title sheet contains the following in lower See 310 CMR 9.02, Waterways Regulations definitions
left: Plans accompanying Petition of of High Water Mark, Historic High Water Mark, Historic
[Applicant's name, structures and/or fill or Low Water Mark, and Low Water Mark.
change in use,waterway and municipality]
❑ North arrow Note: DEP may, at its discretion, accept appropriately
❑ Scale is suitable to clearly show proposed scaled preliminary plans in lieu of the plans
structures and enough of shoreline, existing described above. In general, DEP will accept
structures and roadways to define its exact preliminary plans only for non-water dependent
location projects and projects covered by MEPA to address
❑Scale is stated &shown by graphic bar scale site design components such as visual access,
on each sheet landscaping &site coverage. Anyone wishing to
submit preliminary plans must obtain prior approval
of the DEP Waterways Program before submitting
Boundaries them with their application.
❑ Property lines,full black lines,
along with abutters' names and addresses Water-Dependent Structures
❑ Mean High Water(MHW)*or Ordinary High
Water(OHW)*,full black line ❑ Distance from adjacent piers, ramps or floats
❑ Mean Low Water(MLW)*, black dotted line, (minimum distance of 25, where feasible)
(......••• ...) ❑ Distance from nearest opposite shoreline
❑ Historic MHW*or OHW*, (----) ❑ Distance from outside edge of any Navigable
❑ Historic MLW*,(..._..._.._) Channel
❑ State Harbor Lines, black dot-dash line ❑ Access stairs at MHW for lateral public passage, or
(—. —. —. —)with indication of Chapter& 5 feet of clearance under structure at MHW.
Act establishing them (Ch. ,Acts of)
❑ Reference datum is Mean Low Water*,
MLW =0.0 ) in tidal waters and USGS or
NGVD in non-tidal waters
❑ Floodplain Boundaries according to most Non Water-Dependent Structures
recent FEMA maps
❑ Proposed& Existing Easements described ❑ Depict extent of"Water-dependent Use Zone".
in metes& bounds See Waterways Regulations at 310 CMR 9.51-9.53 for
additional standards for non water-dependent use
projects.
w 6.doc Page l of 11
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
c + Registry
Statement
3112 inche 5 i n c h e
hs Locus
Map
First Sheet 0ny
c
1 „ �i-2114 inche
U
c
Sample Plan
8112 i n ch e
P.E.
or
R.LS
stamp
�-3 314 inche
Plan Accompanying
Petition of... DEP
Stamp
First Sheet Only
3/4 Border
w 6.doc
Rev:06100 Page 8 of 11
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Appendix C: Use Statements for Permit & License Applications
Project Use Statement
• Pier(private, non-commercial) noncommercial docking and boating access to
navigable waters.
• Marina (public recreational boating facility) to provide a public recreation boating facility
• Marina (private recreational boating facility) to provide a private recreational boating facility
• Bulkhead/Seawall/RevetmenURiprap, etc shoreline stabilization for the protection of
a) existing structures
b) a water dependant use
Notes: 1) Pick either a) or b) above, which ever is
appropriate
2) If these structures will protect a new non-
water dependant use then the use of
these structures will also be considered
non-water dependant. [see CMR
9.12(2)(a)(11))
• Pipeline crossing (sewer water line, gas, etc) Transmission of water/wastewater/natural gas
• Powerline crossing Transmission of electricity/telecommunication
(transmission/telecommunication)
• Public Boardwalk/Waterfront Park (Including Public access to waterfront open space for passive
recreational purposes
facilities for water dependent recreation
activities)
• Public Landing/Boat Ramp Public access to navigable waters
• Beach Nourishment 1) Public access to waterfront open space for
recreational purposes and/or
2) Shoreline stabilization
• Boathouse(accessory to private noncommercial Noncommercial storage of boats and other
pier) associated water dependent purposes
• Water Dependent Industrial Uses
• Waterborne Passenger Facilities (ferries, taxis, To provide a waterborne passenger transportation
etc) facility
• Dams/Tidal Gates To control water levels
vrx96.Eoc Page 9 o111
Rev.06100
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
General Waterways Application
Application Completeness Checklist
❑ A completed and signed copy of Section A of the General Waterways Application, Sections B, C, D,
or E (as appropriate), and documentation along with the white page of the Transmittal Form, has
been sent to the appropriate regional office:
• Department of Environmental Protection 0 Regional Office
• Waterways Program 0 Other
❑ The Transmittal Form is completed.
Send the appropriate fee (see table below), in the form of a check or money order, along with the yellow
page of the Transmittal Form to:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
This table is also found in Question 4 of the instruction for completing the application, "How to Apply'
guide:
Water- Other Residential Other non Licenses with
dependent use water- non water- water- extended
projects' dependent dependent use dependent use terms
(accessory to a use projects projects projects
residential use
of a 4 dwelling
units
License or permit $100.00 $250.00 $500.00 $1500.00 2500.00
application
License or permit
amendment or $50.00 $100.00 $250.00 $750.00 $1000.00
renewal
application
Except for facilities subject to 310 CMR 9.16(3)(b)(2).,for which the applicable fees shall be the same
as those listed for licenses with extended terms.
❑ If required under 310 CMR 9.34(1), the application must include: a completed Municipal Zoning
Certification (Section D of the application) signed by the municipal clerk or appropriate municipal
official or, for the initial filing, an explanation of why the form is not included with the initial application
submittal. If the project is a public service project subject to zoning but will not require any municipal
approvals, submit a certification to the effect pursuant to 310 CMR 9.34(1).
w 6.doc Page 10&11
Rev.06100
f
IN Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Waterways
BRP WW 01 Waterways License or Permit
BRP WW 03 License or Permit Amendment Transmittal Number
F ne General Waterways Application
Application Completeness Checklist Cont.
❑ Included is a completed Municipal Planning Board Notification (Section E of the application) signed
by the municipal clerk, or appropriate municipal official for each town where the work is to be
performed, except in the case of a proposed bridge, dam, or similar structure across a river, cove, or
inlet, in which case it must be certified by every municipality into which the tidewater of said river,
cove, or inlet extends.
❑ Included are copies of all state regulatory approvals which are applicable pursuant to 310 CMR 9.33
or, for the initial filing, a list of such approvals which must be obtained.
❑ Included is a copy of one of the following: the final Order of Conditions (with accompanying plan)
under the Wetlands Protection Act, or a final Determination of Applicability under that Act stating that
an Order of Conditions is not required for the project or, for the initial filing (if the project does not
trigger review under MEPA),a copy of the Notice of Intent.
❑ If the project is subject to the Massachusetts Environmental Protection Act (MEPA), MGL 30,
subsections 61-61A and 301 CMR 11.00, submit as appropriate: a copy of the Environmental
Notification Form (ENF) and a Certificate of the Secretary of Environmental Affairs thereon, or a copy
of the final Environmental Impact Report(EIR) and Certificate of the Secretary stating that it
adequately and properly complies with MEPA; and any subsequent Notice of Project change and any
determination issued thereon in accordance with MEPA. For the initial filing, only a copy of the ENF
and the Certificate of the Secretary thereon must be submitted.
'If the project is subject to MEPA,the Chapter 91 Public Notice must also be submitted to MEPA for
publication in the"Environmental Monitor'. Filing deadlines for MEPA are the 151h and 30M of each
month.
❑ A Water Quality Certificate, if applicable, pursuant to 310 CMR 9.33, is included.
❑ For non water-dependent projects, a statement is included explaining how the project serves a proper
public purpose which provides greater benefit than detriment to public rights in tidelands or great
ponds, and the manner in which the project meets the applicable standards identified in Appendix D.
If the project is a non water-dependent project located in the coastal zone, the statement should
explain how the project complies with the standard governing consistency of the policies of the
Massachusetts Coastal Zone Management Program, according to 310 CMR 9.54. If the project is
located within an area covered by a Municipal Harbor Plan, the statement should describe how the
project conforms to any applicable provisions of such plan pursuant to 310 CMR 9.34(2).
❑ Plans have been prepared in accordance with the instruction contained in Appendix A-B of the
application. For initial filing, meeting the requirements of 310 CMR 9.11(2)(b)(3).
Checklist for projects involving dredging:
❑ Included is a completed and signed copy of Part C of the application.
w 6 Eoc Page 11 of 11
Rev.06/00
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
Transmittal# 51004934
4„ e�
BROW M
A. A Iication'Informations .Is` "� r
pp. � ,his.° ,��<< t_..�rE.,
1 Instruc0ns Permit Category Code: ❑❑❑❑❑❑❑❑
1. Please type or print 7 or 8 character code from first page of permit instructions,e. .BWPAO01,BRPWP59b,etc.
A separate Transmittal Name of Permit Category:
Form must be
completed for each Type of Project or Activity:
permit application. �.,.... +4_
B. Applicant,lnfo�mation (Firm or Individual) • ';` ¢;
2. Your check should Name of Firm:
be made payable to the
Commonwealth of
Massachusetts. Please Or
t Name
mail your check along Individual's Last Name: FirsMI
with a copy of this form
to:DEP,P.O.Box 4062,
Boston,MA 02211. Address
3. Three(3)copies of City/Town State Zip Code Telephone Number
this form will be needed. ext.
Copy 1(the original) Contact:
must accompany your
permit application. .€ -'`6' `. .. .: . ....::.. '..,, ..�,..,
Copy2must ,C =Fac�lity; Ste or-Individual:Requ�nngA'pproval •.•
accompany your fee Name of Facility,Site or Individual DEP Facility Number(if Known)
payment.
Copy 3 should be Address
retained for your records
Cityrrown State Zip Code Telephone Number
4. Both fee-paying and ext.
exempt applicants must ( . , ;;; _.. _ _:. m:. av, r4,o, • ,.,,two '3 t
mail a copy of this D Application PrIE4 bi;,6f different from Section s) 1,"N- WIN ,i�0dom
transmittal form to DEP, ' m
Name of Individual or Firm:
P.O.Bax 4062,Boston,
MA 02211 Address
For DEP Use Only City/Town State Zip Code Telephone Number
Permit No.
Rec'd Date ext.
Reviewer Contact: LSP Number(21E only)
❑Approved O Denied
Decision Date
E Per
tIs this project subject to MEPA review?mit l ' Pro ect Coordmat�on I` r _ �r �fi q,
....,.:k.,..�._..,.e.._.....az.»...»..,�.. ❑.__»yes e....❑.—...,:—s' :;a`� `" ,.,
no
If yes,indicate the project's EOEA file number(assigned when an Environmental Notification Form is submitted to the MEPA unit)
EOEA#❑❑❑❑❑ Is an Environmental Impact Report Required?❑yes ❑no
Is this application part of a larger project for which two or more DEP permits are being or will be sought? ❑yes ❑no
List any other DEP permits that apply to thisproject:
N „n'ik;sk' ''°.:a Permit Category Date of Submission(tentative or actual) i4ni,V 4Transmittal Number(if application already submitted)j.,
Special Provisions: ❑ Fee Exempt'(city,town or municipal housing authority)(state agency if fee is$100 or less)
❑ Hardship Request[payment extensions according to 310 CMR 4.04(3)(c)]
❑ Alternative Schedule Project(according to 310 CMR 4.05 and 4.10)
'There are no fee exemptions for 21 E,regardless of applicant status
Check# Dollar Amount$ Date:
Please make check payable to the Commonwealth of Massachusetts and mail check and one copy of this form to DEP,P.O.Box 4062,Boston,MA 02211
rev:12/02/99
- r d
1
Massachusetts Department of Environmental Protection DEP File Number:
up
Bureau of Resource Protection - Wetlands 6 '5I
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
A. General Information
Important:
When filling out 1. Applicant:
forms on the City of Salem
computer, use
only the tab Name E-Mail Address(if applicable)
key to move One Salem Green
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
1-978-745-9595 x311 1-978-740-0404
Phone Number Fax Number(if applicable)
2. Representative (if any):
Same
Firm
Note: Contact Name E-Mail Address(if applicable)
Before
completing this Mailing Address
form consult
your local
Conservation City/Town State Zip Code
Commission
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
Same
Name
Mailing Address
City/Town State Zip Code
4. Total Fee:
Excepted
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
315 Derby Street Salem
Street Address City/Town
34 444
Assessors Map/Plat Number Parcel/Lot Number
6. Registry of Deeds:
Essex 3282 381
County Book Page
Certificate(if Registered Land)
WPA Form 3 Page 1 of 8
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
r a
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
w Town
A. General Information (cont.)
7. Summary of Project Impacts:
a. Is any work being proposed in the Buffer Zone?
® Yes If yes, how many square feet?
10,000
❑ No
b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
Resource Area Size of Impact (e.g., sq. ft.)
River Front Area 10,000
B. Project Description
1. General Project Description:
The proposed project involves the improvement to an existing parking lot which includes: bituminous
concrete paving, landscaping, public walkway and drainage improvements ( see attached Narrative).
2. Plan and/or Map References:
See attached
Title Date
WPA Form 3 Page 2 of 8
Rev.02/OD
` \ Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
C. Activities Subject to Regulation
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach
❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ® Coastal Bank
b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
Square Feet altered Volume of Flood Storage Lost(cubic feet)
Square Feet replaced Volume of Flood Storage Compensation(cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
Square Feet altered Volume of Flood Storage Lost(cubic feet)
Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet)
Bank:
Linear Feet altered
Coastal Resource Areas:
Coastal Dune: Land Under Salt Pond:
Square Feet altered Square Feet altered
Cubic YardsNolume removed Cubic Yards dredged
Salt Marsh: Rocky Intertidal Zone:
Square Feet altered Square Feet altered
Coastal Bank: Designated Port Area:
None
Linear Feet altered Square Feet altered
WPA Fenn 3 Page 3 of 8
Rev.02/00
L
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
.y WPA Form 3 - Notice of Intent Provided by DEP
v Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
Linear Feet altered Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
None
Square Feet altered Square Feet altered
Land Under Ocean:
Square Feet altered
Cubic Yards dredged
Rivertront Area:
a. Name of Waterway (if available):
South River
b. Width of Rivertront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
c. Describe how the Mean Annual High-Water Line was determined:
Existing concrete sea wall structure determines the mean high water line
d. Distance of proposed activity closest to the Mean Annual High-Water line:
2 feet from the top of the existing sea wall structure.
Feet
e. Total area of Rivertront Area on the site of the proposed project:
10,000
Square Feet
f. Proposed alteration of the Rivertront Area:
10,000 Same
Total Square Feet Square Feet within 100 k: Square Feet between 100 ft.and 200 ft.
WPA Form 3
Rev.02/00 Page 4 of 8
Massachusetts Department of Environmental Protection DEP File Number:
i Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
` . Town
C. Activities Subject to Regulation (cont.)
2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary (attach documentation):
❑ 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
❑ Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
NA
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
® No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
❑ Yes
® No
WPA Form 3 Page 5 of 8
Rev.02/00
l
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
D. Performance Standards
1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
❑ Yes If yes, describe which limited project applies to this project:
® No
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
wetlands regulations, 310 CMR 10.00.
❑ Yes If yes, describe which exemption applies to this project:
® No
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ® Other(describe)
Improvement to existing parking lot.
b. Was the lot where the activity is proposed created prior to August 1, 1996?
® Yes
❑ No
4. a. Describe how the project will meet all performance standards for each of the resource areas
altered, including standards requiring consideration of alternative project design or location. Attach
narrative and supporting documentation.
b. Is this project exempt from the DEP Stormwater Policy?
❑ Yes If yes, explain why the project is exempt:
® No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
WPA Form 3 Page 6 of 8
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
;, ay
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
E. Additional Information
Applicants must include the following with this Notice of Intent (NOI):
• USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the Conservation Commission and the Department to locate the site.
• Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the
boundaries of each affected resource area.
• Other material identifying and explaining the determination of resource area boundaries shown on
plans (e.g., a DEP BVW Field Data Form).
• List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department (see Instructions and Appendix B. Wetland Fee
Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department, or cities and towns of
the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm
fee payment:
Except
Check Number Check date
Payor name on check Applicant name(if different from payor)
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 a i nt in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further ce a al ' s of perjury that all abutters were notified of this application, pursuant to the
requirem t . . c , §40. Notice must be made in writing by hand delivery or qertified mail
(return ec a st all abu rs within 100 feet of the property line of the project cati An.
a e of p icant Date
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
WPA Form - Page 7 of
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
^; Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
G. Signatures and Submittal Requirements (cont.)
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 Appendix B; and the city/town fee payment must be sent to the Conservation
Commission by certified mail or hand delivery.
For DEP:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) by certified mail or hand delivery.
Other:
If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
WPA Form 3 Page 8 of 8
Rev.02100
f,
Attachments
1. Narrative
2. USGS Site Locus Map
3. FEMA Flood Insurance Rate Map
4. Abutters List, Notification and Affidavit
5. Existing Conditions Plan
6. Landscaping and Drainage Plan
NARRATIVE
The proposed project includes the bituminous concrete paving, drainage improvements, creation
of a public walkway and landscaping to an existing parking lot located at 315 Derby Street. The
existing municipal parking lot (owned by the City of Salem since 1941) is situated within a
heavy commercial area of downtown Salem. Good Year Tire service station is located to the
east and restaurant/commercial use is to the west and south. Derby Street abuts the site to the
north and the South River abuts at the southeast corner (see attached locus map).
The project site is approximately 10,000 square feet and is covered with a deteriorating gravel
surface, which is not graded uniformly. There are no parking spaces marked out, which typically
result with cars parking randomly without the site:There are no drainage structures on site, and
during rain events, the parking lot usually ends up pooling with water and/or washing into the
South River.
The proposed work includes the installation of a new catch basin with hood, which will improve
the surface water runoff. The site will be graded and approximately 7,500 square feet will be
paved with bituminous concrete to allow surface water runoff to be channeled to the new catch
basin. The new catch basin will be tied into an existing storm drainage system located on Derby
Street by a 10-inch ductile iron pipe. The new paved surface will allow the use of 18 parking
spaces, which will restrict the number of vehicles presently using this site. The remaining site,
which will be approximately 2,500 square feet, will be used for landscaping and the construction
of a new 5-foot wide stone dust pedestrian path running along the eastern edge of the site to the
South River. The stone dust path and landscaping will help reduce the amount of surface water
runoff and provide additional ground water infiltration. In addition, the new landscaped area will
act as a vegetative buffer between the parking lot area and the wetland resource area.
The enter site is located within the 100 foot Buffer Zone of a Coastal Bank and the 200 foot
Riverfront Area to the South River. The South River is armored by concrete sea walls with a tide
gate system that abuts the site to the southeast. The proposed work will not result in any
disturbance to any resource area. This project will also provide a much-needed redevelopment
and improvement to the existing river front area. The southeast comer of the site is adjacent to a
Zone V2 (EL10), however, the proposed work will have no impact to this area. During
construction, Best Management Practices (BMPs)will be implemented to insure that no adverse
effects occur within any wetland resource area.
I,
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AFFIDAVIT OF SERVICE
Under the Massachusetts Wetland Protection Act
(to be submitted to the Massachusetts Department of
Environmental Protection and the Conservation Commission
when filing a Notice of Intent)
I, City of Salem, hereby certify under the pains and penalties of perjury that on
(Name of Person Making the Affidavit)
September 18,2000 I gave notification to abutters in compliance with the second paragraph of
Massachuset
(Date)
General Laws Chapter 131, Section 40,and the DEP Guide to Abutter Notification dated April 8, 1994,in
Connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetlands Protection Act by
City of Salem with the Salem Conservation
(Name of Applicant)
CominissionongILIZM for property located at
1 (ITate)
Derby Street Parking Lot Street, 315 Derby Street, Salem,MA
(Location of Property)
The form of otification, and a list of the abutters to whom it was given and their addresses,
are attached to 'it of Service.
e Date
Notification to Abutters
Under the Massachusetts Wetlands Protection Act
In accordance with the second paragraph of Massachusetts General Law Chapter 13 1,
Section 40, you are hereby notified of the following.
A. The name of the applicant is City of Salem
B. The applicant has filed a Notice of Intent with the Conservation Commission for the
municipality of Salem, MA
seeking permission to remove, fill, dredge or alter an Area Subject to Protection
Under the Wetlands Protection Act (General Laws Chapter 131, Section 40).
C. The address of the lot where the activity is proposed is Derby Street Parking Lot
315 Derby Street, Salem MA
D. Copies of the Notice of Intent may be examined at Salem Conservation Commission,
One Salem Green, Salem, MA 01970
between the hours of 8:OOAM and 4:OOPM on the following days of the week:
Monday through Friday
For more information, call (978) 745-9595.
Check One: This is the applicant , representative , or other X (specify):
Salem City Hall
E. Copies of the Notice of Intent may be obtained from either (check one) the applicant
X , or the applicant's representative , by calling this telephone number
(978) 745-9595 x311 between the hours of 9AM and 5PM on the following
days of the week: Monday through Friday
F. Information regarding the date, time, and place of the public hearing may be obtained
from Salem Conservation Commission by calling this telephone number (978) 745-
9595 between the hours of 8:OOAM and 4:OOPM on the following days of the week_
Monday through Friday
Check One: This is the applicant , representative , or other X (specify):
Salem City Hall
NOTE: Notice of the public hearing, including its date, time, and place, will be
published at least five (5) days in advance in the Salem Evening News.
(name of newspaper)
NOTE: Notice of the public hearing, including its date, time, and place, will be posted in
the City or Town Hall not less than forty-eight (48) hours in advance.
NOTE: You may also contact your local Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information about this
application or the Wetland Protection Act. To contact DEP, call:
Central Region: 508-792-7650 *Northeast Region: 978-661-7600
Southeast Region: 508-946-2700 Western Region: 413-784-1100
NARRATIVE
X
The proposed project includes the bituminous concrete paving, drainage improvements, creation
of a public walkway and landscaping to an existing parking lot located at 315 Derby Street. The
existing municipal parking lot (owned by the City of Salem since 1941) is situated within a
heavy commercial area of downtown Salem. Good Year Tire service station is located to the
east and restaurant/commercial use is to the west and south. Derby Street abuts the site to the
north and the South River abuts at the southeast corner (see attached locus map).
The project site is approximately 10,000 square feet and is covered with a deteriorating gravel
surface, which is not graded uniformly. There are no parking spaces marked out, which typically
result with cars parking randomly without the site. There are no drainage structures on site, and
during rain events, the parking lot usually ends up pooling with water and/or washing into the
South River.
The proposed work includes the installation of a new catch basin with hood, which will improve
the surface water runoff. The site will be graded and approximately 7,500 square feet will be
paved with bituminous concrete to allow surface water runoff to be channeled to the new catch
basin. The new catch basin will be tied into an existing storm drainage system located on Derby
Street by a 10-inch ductile iron pipe. The new paved surface will allow the use of 18 parking
spaces, which will restrict the number of vehicles presently using this site. The remaining site,
which will be approximately 2,500 square feet, will be used for landscaping and the construction
of a new 5-foot wide stone dust pedestrian path running along the eastern edge of the site to the
South River. The stone dust path and landscaping will help reduce the amount of surface water
runoff and provide additional ground water infiltration. In addition, the new landscaped area will
act as a vegetative buffer between the parking lot area and the wetland resource area.
The enter site is located within the 100 foot Buffer Zone of a Coastal Bank and the 200 foot
Riverfront Area to the South River. The South River is armored by concrete sea walls with a tide
gate system that abuts the site to the southeast. The proposed work will not result in any
disturbance to any resource area. This project will also provide a much-needed redevelopment
and improvement to the existing river front area. The southeast comer of the site is adjacent to a
Zone V2 (EL10), however, the proposed work will have no impact to this area. During
construction, Best Management Practices (BMPs) will be implemented to insure that no adverse
effects occur within any wetland resource area.
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SALEM, MA
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(EL 11)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix C — Stormwater Management Form
` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
b
B. Stormwater Management Standards (cont.)
Standard #2: Post-development peak discharges rates
❑ Not applicable—project site contains waters subject to tidal action.
Post-development peak discharge do not exceed pre-development rates on the site at the point of
discharge or downgradient property boundary for the 2-yr and 100-yr, 24-hr storms.
❑ without stormwater controls
❑ with stormwater controls designed for the 24-hr, 2-yr, and 10-yr storms.
pJ�The project's stormwater design will not increase off-site flooding impacts from the 100-yr, 24-hr storm.
1 � (—Zp �—c N-_)r`.v.�—'9-
Standard #3: Recharge to groundwater
Amount of impervious area (sq. ft.)to be infiltrated:
me to be recharged is based on:
❑ The following Natural Resources Conservation Service hydrologic soils groups (e.g. A, B, C, D, or
UA)or any combination of groups:
(%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group)
(%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group)
(V6o1
E] Site specific pre-development conditions:� Recharge rate Volume
Describe how there calculations were determined:
each BMP or nonstructural measure used to meet Standard #3. (e.g. dry well, infiltration trench).
The annual groundwater recharge for the post-development site approximates the annual recharge from
existing site conditions.
❑/Yes
O®
iNo
WPA Appandix C Page 2 of 5
Rev.02100
CITY OF SALEM MASSACHUSETTS-COMMERCIAUINDUSTRIAL WORKSHEET {
PROPERTY I.D. DEED&MISC. PROPERTY ADDRESS-RECORD OWNER AS OF JAN 1 LAND DATA: TYPE: AREA: I
MAPw. 34 %OE638 P.ADD. 0.315 CERSY STREET -Z! =`„7 ��
LOT 044411 veGE 0381_ OWNED SALEM CITY OF `0012983f .1 �F
wPF '; vEM 1.941 FWAE fAGnME :c
REMM CODE 921 + uND xBxD a$`K OS OI
11—
MD `0321 �++D-17.80 ADD mME kaBS� �I1:',�
DMT k PRpR ONNER: MULTLIIXaE t 4,-If
PROPERTY CHARACTERISTICS RENTAL DATA APTS: PROPERTY DATA wwLAND VAT:
YR MT A 1 BASEMENT MISC.BLDG/IMPR: iloa en uN IMar Dlsr V xwcAou y " 1
EFF VP SWLT A � IT
TOFM IYVEt p$r UX PFM; f' VJID LONLII -.` %PHYBAW .'F +`
GRADE s.Fk �le �' �v wJePUM „a;•3+� ro� ImsFuroLSE 1�+' ` .� 0
w M
zcPADE- r ,LB s xaa*mr;,. DlPF, d IW Purt. A'x .x THls usE rarlAND "P 16780
nm '� ' INOp.'ATOfl 1"A �,',.. •- Pcwtn *n. rix— raseflw 4,
p -e onlEn Luc .. ..4 SUMMARY L.S.. COST:
DeP mnD t z 1 PLUMBING: z DEFIt -+£ y9 uM PEMr D t,T, TYPOGRAPHY' I E VAUUE
LS !y ,i JFIX wTISS PCIN61 + mimUY! 'y 'u$,. 1A'18EWEP 4 E%T I
4 y` '.R� - Yd§,{•L {.t "`xlf P r y.'Ys IM
WIwTOP Try{$�� 1FIX BATHS F b+'C 1" nPE3 �— IM flEMrH F q"W}qY NYIN3e .Y L U UA Ali
OBSOLESCENCE IXwL ,'�+y�„ �•.✓�, BFRI +'dq s'yi�ry, wEFF un s ., sreEr; e 'k'a BSM
FDNC 7 A�#5 IXBVMS�A kllr L ^f UN m1 ? ysI UNPEM Y A - ttCOD PL T' AiY 9n RB
ECON <'k. A 'M�a UflWA19 'P"! �Fy2 ky,'li. 'NOOFFUN N A OCFAHJIEW
PRIMARY STRUCTURE: oTHEn''P '." $ x DEP,2 a '' 1' ',iaF FeMm k , i 'l3.r`8:'+: WIIANFq t_ k.' 1j wnDPr
cuss"' 3 'LS ' t Rawz "` }�.wq RENTAL DATA-C/I: INCOME SUMMARY: LOADDN
HEATING-A.C.: rvma L a y' ioFncE.wrs - yp 'Tofu vnwE . 5PPI.
GF MFA- "� HFAT ttPE `I'S ¢"..F-}��}—� SFa 2 flEM/y -y LAND VAWE REV
Sry HGM '"'MYii MAW ( '�k UNPPd 54' til ` •f PEfAILINIB WPP VAWE $ * `� PGI TOTAL
ADDITIONS FI&L Trm :, �N3 d .a Ff` [ EDD REGAL % 'R
M.
cost ... . — DFPRFcuTICx
NMABEP " "'� LB ,t,A>` %Deva
CscSsryvivLFAsSal1 sS.zrI E- t�IL*r,,xa`t.]Yt{�.'�� ILELEvn,�NGOo«TrPE .-•"A°`.�+#- 4Ps'tl� CONDOMINIUM DAeT.,rA":
URES. A ' NvSPECIAL FEATL;es r MOAeMs UFreTT
OM
TPA
PL7gg
W wpsJ WPNGE UNFIs IrS mffw MURIAMP
lA rPCWDGIMP
CAVO%MA ECOPNAL NO
UNPF Nfoutm nwo wcoU
SW-2 LOAD SUMPS,
eF3 LOF%
1.000yuvr 16
7800sg lcuss If INCOME 8 EXP DATA: ovrav+
sva ` ELEV rPE v* IODU a x. L TOTAL GOV VAL 167800
PEPIMETm EIEV;wP : y UN PNS PENT(OVfID/3 MAW
+ t ?' F _f' VALUATION SUMMAl*7800
TOT ME+ Lx.=. " �.'.JND PCNs .•. .y PFNFNVIW' " LNrtso.Fr s , MIN.LAND 167EOC
EXTERIOR ANNUAL DATA xoEPs a, ,g.. REM PF SS' r ° �uIDLa mEv.IMP
WALL4t 3 NAIVE QIkp i t` PGH0.5 IRFM IPE!AIU{^ '� Y�. L9.WD:. AL'S mEV SME wTE 0
WAl1S2��. k 's' ABMT FULD } H + IIYPE-0 A k PFM(WD{ '...qLS.' '8r„ mEV 3NE MICE
PCOF wTL yqp �XPo{G HEID L y SPA '• ��I flENF(WWRE) �C0160 LST A. i. mlwvux YPE
FWFrrrE $i } AooA OWING UNP",- r3.a. pppN�ml °a APPRAISERS COMMENTS: sue wTe 0
FWD ::• Y`- IPCN6 'Porox lNo '. , .77%3 507f: 0" saE MICE
LB LYS A ; 1 . 1 - %DEva- `• a, IWu'.Coti.w591%l
WAL13 IID Y":J ia }Af L'P"k - `Y y s .,
Z
INTERIOR 167800
WGRINC
INCOME VAWE
FLOOH '- 4 D yg Li-2 `T EY.PEIl9Ex yr +Li Wflfl VALUE
CEILDq ��.r�N'-F o—"a" E4 1 MISC NIMi FIWLL VALUE
lS, ti i> n F '.!i' .IX1sf :...., d..`"L• GV'VMk ., :' I.D. UJ WDE
BUILDING PERMIT DATA: 1 2 3 NEW OWNER:
6x. - r OWNEfl
P
7''C.. xUIE
DELL vAL.„
MFtPosE fl[ day YS: ?.I+yd ADD.
x coLu=IFre h F g °i' s^ e w9 PROPERTY DESCRIPTION:
e•' '4' e
PEMAPRS....rrr llpl +.9/2�., w
Figure 12: DESIGNATED PORT AREA AND CHAPTER 91 DESIGNATION
' ,. �0.liMBCAVE
NO Tll FIVER
O � o
Y
a
Wv
a �De
�� � � f SLLEM IVABCQ
Legend
=CfD Charter 91 boundary
Designated port landside area
a q Designated port waterside area N
0 500
1600 15W 2iOD Feel
ed' ��� 'A . • Source.
Compiled from naps provided by DEP
QOM A •Chapter 91 boundary coincides with the historic high water nark
•This nap is(or planning purpose only.
•Both the DPA and Chapter 91 jurisdiction boundaries are approximate and subject
e V to cculGmation on a r,=I-by-parcel basis by MCZlvt and DEP.
SALEM HARBOR PLAN
The Cecil Group, Inc. Byrne McKinney K Associates Vanasse I langen Brustl in Nucci Vine Associates Urban Harbors Institute
r
' w;"'��ea�.
CATCH BASIN H00�
DIMENSIONS A 8 C D E F G H
BRASS eoLr B AND 10 PIPE IS +18- 10'
9 2 I� 14
� x x r r w " 7" n
Rat�Or
= - 3" T —� I" < / j 12" AND IS"PIPE 10" II#• 2" I" IJ" 14`
t
I
T O P L .F e5"MOLE
2" 6f 3"
DETAIL"A" HINGE
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N
KE DETAIL"A T
I —NEX.HEAD
T -+---
1/2"DIAMETER
y m I h HEX.NUT.
N ' "
O �
o
BRASS BOLT 6 NUT
n BACK MOODS TO BE GRAY CAST IRON AASHTO CLASS 030
.4
SIDE
V
V
z PRECAST CONCRETE MANHOLE
r
9 FEET -OR LESS IN DEPTH
' s - �STANDAND MANHOLE
? FNAME AND COVER SEE 202.6.0-202.8.0
2I"*I" BRICK! MAY BE USED FOR
z DIAMETER GRAD[ ADJUSTMENTS.
• FRAME TO BE SET IN
p FULL BED OF MORTAR t
YI f"MIN.
u
- - _
SEE JOINT DETAILS
v
z • MORTAR ALL JOINTS
t d•
c♦
n c O MIN. IN. !TEFL
VER
F
PER VERTICAL FOOT.PLACED
p w- ♦6"± 1" DIAMETER JI(
l ACCORDING TO AASHTO
n zo 4F 7p DE3I6N ATION MISS
z
fr ~ M w M M .
w B" MIN. / Y J(I-«S BAR AROUND OPENINGS
I / l FOR PIPE! IG"DIAMETER
`AND OVER,I"COVER V,..
E"CLEAR
FLOOR OF STRUCTURE TO BE
30" MAX. HEADERS LAID FLAT
I DIAMETER PIK
SRICN CHIPS AND MORTAR OR
CEMENT CONCRETE CLASS"1"
NAND MIXED SEE LATEST
SPEC IFI CATI 0143)
i.
ro:
"- FMVIDE"V"OPENINGS9.
IINVERTED MCN WITH
DG
E
i PIPE OPENINGS Toot BRICKS LAID ON EDGE ;^jc
ON},PRECAST IN RISER SECT
MATERIALS,AND CONSTRUCTION METHOOSI SEE LATEST
SPECIFICATIONS '
NOTE:-Toll DESCRIPTIONS, q :-
E
1" CLEAR
S"MIN. k
n =' d"MIN.
PRECAST UNIT
• i 103 BAR
_:: I • MIM. C
f. 1 •MIN. w ? .
r PRECAST BASE
w �
rr
rr
t
1•CLEAII p -
S" MIM.
CAST IN PLACE
x: BASE I
JOINT DETAILS BASE DETAILS I
MASS..D.P.W. —:;MARCH 1877
2C124-0 },
OCT 12 '95 03:07PM EASTE'iv LAND SURVEY ASSOCIATES P.2i3
GRANITE CURB
4" INLET IS RECESSED
4" FROM CURB LINE
,
STD. VERT. G ANItE CURB INLET
71• 61/4" FIN. GR,
STD. C.I. FRAME
6 GRATE
I 2'r6i�
84 BATTER BLOCK FINISH GRADE
OR SQUARE FRAME
J7-1
OA4E-: SECTION m
srY4Y- / 24"
-0/✓7RO�� w Y DIA. ZU to
R tlLllffM. 0 u H
a m 't
/N�TALG m u
/A/ *)V.41VNG 'i: w
— ':040dNCE a
6" 4'-0" AMETEK :• 5" H z 0
'OGLE GP2/4 0 f'! 0 a 0
aRcEL. 4S O/REc. 0 � o
m y /2i r2"fie • v
J I.- gdi'�p� PIPE V) J 3
a o. FLOW z a s
C - I ... a
a _to
C,4 .` N
1
W
m J
Q O z re Hto~
cW
i'
CONC
BASE m
12" DIAM. DRAINHOLE
CATCH BASIN DETAILS
SCALE: V2
OCT 12 '95 03:07PM EASTERN LAND SURVEY ASSOCIATES P
LEBA#M L.KI23 gr Lk L24
FRAME s GRATE r I V47„ OR/WITE CURB INLET
BELOW FWfi MENT BRAD!
lI
HEAVY DUTY ��-
CATCH BASIN FRAME
9 COVER
ADJUST TO GRADE t'• to
.. o
MATH BRICK
L COURK MIN ) a
OIL-
___- H= ;.
AF
SECTION B-B
•� r
BOTTOM PLATES OR
• ♦1 CONC. BASE CAST IN PLACE
F , . OPEN CENTER -
PLAN
BATCH BASIN
.ABEL.ED SEINER
{buDsp ' MPL�Eer f
FL EGE��rl Salem mTerrriml ( (�
WOI WATER OUALITY INLET STRUCTURE !i1•, `OT •
LB LEACHING BASIN
CB CATCH BASIN y _ •
DCB DOUBLE GRATE CATCH BASIN s' ' Ne
• : 9r Clbirel Ske ��
DMH DRAINAGE MANHOLE STRUCTURE -
D DRAIN PIPE �p�+y.
LC LEACHING CHAMBERS
TBV TO BE VERIFIED FOR LOCATION AND SIZE AND ELEVATION GRAPHIC SCALEDiger
BY THE SITE CONTRACTOR PRIOR TO i• *� J '``` ...rr�i 1 Pain 4
M
CONSTRUCnONANSTALLATION 10 ♦ 10 ♦D ♦0 �� S
TBR TO BE REMOVED I j
TR TO REMAIN d l ave R�O U
HCR HANDICAP RAMP ( IN FSLT ) ri q Pelme
VGC VERTICAL GRANITE CURBING 1 Inch 10 fL
SGE SLOPED GRANITE EDGING t:
BC BITUMINOUS CURBING
EDP EDGE OF PAVEMENT (NO CURBING) I `' • r ♦ \` `
E ELECTRIC LINE (TBV)
T TELEPHONE UNE (TBV)
W WATER UNE (TBV) `
9 Ce -si
WG WATER GATE VALVE (TBV)
HYD HYDRANT LOCUS PLAN FROM USGS LOCUS GRAPHIC
S SEWER UNE (TBV) MAP (SALEM QUAD) SCALE: 1.2000' SCALE
SMH SEWER MANHOLE STRUCTURE
,,
CTV CABLE TV (TBV) BEET
G GAS UNE (TBV)
GG GAS GATE VALVE (TBV) ^' � Y 1
ER ,} HC,zs= .9n
LPS LOW PRESSURE STEAM UNE (TBV) � ,n AO. ,
HPS HIGH PRESSURE STEAM UNE (TBV) .:: RAMP LI9� BOLLS ARDBalFOC FIBER OPTIC CABLE (TBV) Invert 7.5 £� BDUARD 111OHW OVERHEAD WARE ) 49A /y�9CATCH BASIN qP ♦969VI,ARD'}3
LP UTILITY POLE WITH STREET LIGHT f mu.e.91 1
UP UTILITY POLE WITHOUT STREET LIGHT
v ° i9�09, co 9,e
3;C •OL `
VC VITRIFIED CLAY PIPE GAS GATE BOLLARD
CMP CORRUGATED METAL PIPE BO " _ _ - ��°
A58 ASBESTOS CEMENT PIPE T • •9Y ME
P'T'
voEwuK I - �
PVC POLY VINYL CHLORIDE PIPE 9.o f sMH coy GATE $ 9,} B ,°° POLE 9,3
CLDI CEMENT LINED DUCTILE IRON PIPE RIM-9.15 _ - ^ ,,. ,Y •62 p6J CRETE BOD WALK VGC
RCP REINFORCED CONCRETE PIPE CON,16,
e9a ` v,3 ` >n ,6: Q.6 TBM3 II93L
RIP CAST IRON PIPE °" Y6] •7 t
DIP DUCTILE IRON PIPE BO s4r 9 e
9N 0
9,E PARKING 1°9 ./.6 81.24�G'
V•w X969 I /
FFE FINISHED FLOOR ELEVATION EIGHT METER 9
FBE FINISHED BASEMENT ELEVATION ee, POLE
CpEQ SIDEWALK 9L, IWO
MONITORING WELL 13
/Fl_, ASPHALT PAVEMENT
EXISTING TREE (WITH CALIPER) U /
PAINTED ONO PARKING AREA
W / /
\ 8.
EXISTING LEDGE OUTCROPPINGS I W ( ) G 0 0 D YEAR
,.93 VLA - II Tc \
�- EXISTING CONTOURS OF EQUAL ELEVATION IGNT� •.33 2'i
.9 3.
10.0 TIRE
_ /-, \ 9° I �
.,,6° SPOTS SHOTS PER ACTUAL ON-THE-GROUND FIELD SURVEY ° S \
.L.6, � \ \ ♦ � � N/F JEROYE R 3OUSA, JR
TEMPORARY BENCHMARKS FOR VERTICAL SURVEY CONTROL ' \ I 311 DERBY STREET
1 { \\ � \� 'I 9.7 { AssassoRs YAP s+. Lor 443
F69-60
6M((3 6 \ \ Q \ DEED BOOK 9731, PACE 368
PLAN 502 OF 1964
\ ,r New Granite Curb
N/F SALEM LAFAYETTE LLC »�
73 LAFAYETTE STREET
ASSESSORS YAP 34, LOT 430
DEED BOOK 13636, PACE 280
PLAN BOOK 76. PLAN 21 10• \1 1
N/F CITY OFSA '' \` _ ,7 /
Shrub planting s16 DERBY sr - l
I ASSESSORS M 34, IAT 444 3\
1 DEED BOOK 3 P, PACE 381 \ .
PLAN 499 OF 941
1 PLAN 500 0 1941 .r
\ -
� p�ascn�.a. Rim=9.3 •96e1 :.
Bituminous Concrete Paving ,
Invert 8.0
10.0 ,
I •9.9
9'6 I
♦9„ •9.SE I
Shade Treesdo
/
/
e Proposed Dumpster location I ,/ Stone Dust Path
.a v
9.5.
\ 1
SECOND FLOORn`fye% 10.5 • • 9.7 9X
� I
FFE-25.63 \ \\ S6 g, \\"' m
ASPHALT PAVEMENT
SIX NR CCf�Il10NER 906
-.I\ \UNITS BEHIN CHAIN
LINK FENCE \ \ I 10,3 J[
- 1 \ •906 ' {}
O ; AwAu
/ ,\ VO\ � •9.03 ` \ ` �• 9.8 /10 < 1 ♦MA 9.90 I >
3VK POURED CONCRETE RET.WALL(1-3-HICH)
low -� TBMt 10.3 OPER LCCA TI .L56 / J •S '6,0726.3P1 ° 9,3 CHAIN LINK FENCETE BLDG( SEAWALL
0.5 ves - OOK UNpER _ , f 9n
PIµ ? ND a'E�ERT ' 1„
/
,on
To
$7QEPLATES
J •,014 TB CRETE BOX
NMHOLE
1TRUCIURES
99. ,
10.9p
t, qq 10.5
III
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C
NIP SALEM LAFAYETTE FIRST
76 LAFAYETTE STREET ���
9 M /.
ASSESSORS YAP 34, LOT 431 { ' 1 10.3 10.1
DEED BOOK 13848, PACE 344 J \
PLAN BOOK 76, PLAN 21 -
Proposed Dumpster location
` 090 (!
H '
SOUTH RIVER
,f
mq� � o°
4Y , CONCRETE PAD L" 10.1 I
C `P- /
10.2
/ m.e
•9.36
c
9e5 �f
/
N/F MASS. ELECTRIC CO. N, Loam and Seed d
89 LAFAYETTE STREET
ASSESSORS YAP 34, LOT 4 3
CERTIFICATE 23049/b3 ( ^w
PLAN 766 OF 1948 10
„G,3 99' • •933
i \
_ 1 �1 /
y6• JMM
\ Iqp \
r
0,3
X
h 09
8.34' /
S 39.06'10' E 127
IZ
Y
Landscaping and Drainage Plan
x�
I c �•°
for
N/F CITY OF SALEM 315 Derby Street
16 PEOS STREET Salem, Massachusetts
�
ASSESSORS MAP 34, LOT 136
NOTES DEED BOOK 6687, PACE 424
PLAN BOOK 166, PLAN 76 prepared for. The City of Salem Planning Department
1. LOCUS IS SHOWN ON SALEM ASSESSORS MAP 34, LOT 444. THE LOT AREA IS 12,838±SF.
c/o ]dr. Donald Ciard, One Salem Green, Salem, MA 01970
2. PROPERTY LINE AND TOPOGRAPHY PER ACTUAL ON-THE-GROUND SURVEY BY NORTH SHORE
Date: September 25, 2000
SURVEY CORPORATION. SEPTEMBER, 2000.
� PLDE #00-02 Scale: 1' = 10' Sheet 1 of 1
3. ELEVATIONS SHOWN ON THIS PLAN ARE BASED ON NGVD OF 1929. THE BENCHMARK FOR _
VERTICAL CONTROL (NOT SHOWN ON THIS PLAN) IS A USCS&GS STANDARD TIDAL MARK DISK SET NIP IENDYS OLD FASHIONED PATROWICZ
VERTICALLY IN THE WALL OF THE SOUTHEAST CORNER OF THE U.S.CUSTOM HOUSE ON DERBY I HAMBURGERS
STREET, ELEVATION 13695(NCVD). 91 LAFAYETTE STREET LAND DEVELOPMENT ENGINEERING
_ _ ASSESSORS MAP 34, LOT 431 60 Washington Stree#, SOlem, MA 01970
4. TEMPORARY BENCHMARKS HAVE BEEN SURVEYED ON THE LAND BASED ON THE PERMANENT �� DEED BOOK 13649, PACE 310
PLAN BOOK 166, PLAN 76 (978)745-2288
BENCHMARK REFERENCED IN NOTE 3, AS FOLLOWS:
PLAN BOOK P94, PLAN I
IBM 1: ELEVATION-9.95 PK NAIL SET IN PAVEMENT
.(FORTH SHORE SURVEY CORP.
IBM 2: ELEVATION-9.94 DRILL HOLE SET IN CONCRETE
IBM 3: ELEVATIONOI PK NAIL SET CONCRETE SIDEWALK 47 Linden Street, Salem, MA 01970
(978)744-4800
N
TJ
d
O
a`
c
m
_J
r
� ,J auo
FC;FN
W01 WATER QUALITY INLET STRUCTURE / Salem • _U°O ° '�F 'i
eo), + s •• de � 4r�r
LB LEACHING BASIN +kl. •• T'mi I/
r J
CB CATCH BASIN Commo •
DCB DOUBLE GRATE CATCH BASIN \ J �� s Naugtis
DMH DRAINAGE MANHOLE STRUCTURE
D DRAIN PIPE
LC LEACHING CHAMBERS
TBV TO BE VERIFIED FOR LOCATION AND SIZE AND ELEVATION 4ert
BY THE SITE CONTRACTOR PRIOR TO J
CONSTRUCTION/INSTALLATION GRAPHIC SCALE \ ht r r� I o(ger
•�-� f• sr .#,. tK J V / Pointy
78R TO BE REMOVED +o o s +0 20 40 � 'fi ' SA M
,1 i 'i� IoM(•.. ,
r, �
TR TO REMAIN � '\t .j '� � (' y ' _wpow
MIL
HCR HANDICAP RAMP k d i °Ve R`BOR +?
VGC VERTICAL GRANITE CURBING 1N FEETG
p / ro
SGE SLOPED GRANITE EDGING 1 inch 10 )ft )s�
BC BITUMINOUS CURBING j g
EDP EDGE OF PAVEMENT (NO CURBING) _
E ELECTRIC LINE (TBV)
T TELEPHONE LINE (TBV) ■ ,
'� Pa*_; .Pkke
W WATER LINE (TBV) '� p r`Point�B
WG WATER GATE VALVE (TBV) �i') -. x'. o•
HYD HYDRANT
S SEWER LINE (TBV) LOCUS PLAN FROM USGS LOCUS GRAPHIC
SMH SEWER MANHOLE STRUCTURE SCALE
CN CABLE N LINE (TBV) ��
MAP (SALEM QUAD) SCALE: 1'=2000'
G GAS LINE (TBV) E
GG GAS GATE VALVE (TBV) BY ST
LIPS LOW PRESSURE STEAM LINE (TBV) 935
HPS HIGH PRESSURE STEAM LINE (TBV) 93 936 He 69
SER V� RAMP O
FOC FIBER OPTIC CABLE (TBV) 9 O'9„ p9°;' BOLL;A
OL ARD
OHW OVERHEAD WIRE o= 196.9
LP UTILITY POLE WITH STREET NILIGHT
ZBASINoA o 109„ 935
UP UTILITY POLE THQUT STREET LIGHT CATCH RIM=8.91 N 969 BOLLARD
VIC 114 9.°
VITRIFIED CLAY PIPE >� 099 t
CMP CORRUGATED METAL PIPE ' GA GATE n a 9.5o PARKING
035 OBOLLARD
ASB ASBESTOS CEMENT PIPE _ _
PVC POLY VINYL CHLORIDE PIPE in CAS GATE yid CURB�7 90° — ° ' cv9 .959 METER LI
POCHIT LE BRICK SIDEWALK
CLDI CEMENT LINED DUCTILE IRON PIPE 6 5MH 0", � 9�3 � 4� 915 9 7
RCP REINFORCED CONCRETE PIPE RIM-9.1596l_
(�j 915 9)) 9.53 9.5$ •9.59 9 9 9 963 CONCRETE SIDEWALK
VGC 9.s9
CIP CAST IRON PIPE . tl 9Pr
DIP DUCTILE IRON PIPE vcC 951 53 4 jR TBM-' .� 9- 1
095: 9.)1 -------
FIFE
-FFE FINISHED FLOOR ELEVATION0' 5 METER G
FBE FINISHED BASEMENT ELEVATION LIGHT
® POLE 70,92' / _5 /
MONITORING WELL CONCRETE SIDEWALK
lieEXISTING TREE (KITH CALIPER) to j \ f/ u eq
f ASPHALT PAVEMENT
PAINTED 'NO PARKING' AREA / j/ j
\ W /
EXISTING LEDGE OUTCROPPINGS x / I
W
\ ~ I\ y \
EXISTING CONTOURS OF EQUAL ELEVATION j \\ 915 \\ L GOOD YEAR
U \ \
/ '"6' SPOTS SHOTS PER ACTUAL ON-THE-GROUND FIELD SURVEY j'- 961 y / �\ \\ \I TIRE
•)1.61
TEMPORARY BENCHMARKS FOR VERTICAL SURVEY CONTROL N/F JEROME R SOUSA, JR
TBM}/3
311 DERBY STREET
ASSESSORS YAP 34, LOT 443
DEED PLAN 6Of 964 31. ACE 386
\ \
.939
NIP SALEM LAPAYEfTE LLC
73 LAFAYETTE STREET \ /
ASSESSORS YAP 34, LOT 430 \ "" \ \
DEED BOOK 13636, PACE 280 j f 9°9
PLAN BOOK 76, PLAN 21
CITY OF SALEM
1 315 DERBY STREET
1 ASSESSORS YAP 34, LOT 444 `9 s\ i.+ •956
DEED BOOK 3282, PACE 381 v
PLAN 499 OF 1941 0
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DEED BOOK 13846, PACE 344 f 1
PLAN BOOK 76, PLAN 21
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ASSESSORS YAP 34, LOT 4;3 DUMPSTERS
CERTIFICATE 23049/93 a
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EXISTING CONDITIONS
PLAN OF LAND
for
N/F CITY OF SALEM ---\ 315 Derby Street
16 PEABODY STREET
DOTES , BOO YAP 3!, LOT
DEED Salem, M a s s a c h u s e t t s
DEED BOOK 6667, PACE 42!4
1. LOCUS IS SHOWN ON SALEM ASSESSORS MAP 34, LOT 444. THE LOT AREA IS 12,838±SF. PLAN BOOK 158, PLAN 76
Prepared for. The City of Salem Planning Department
2. PROPERTY UNE AND TOPOGRAPHY PER ACTUAL ON-THE-GROUND SURVEY BY NORTH SHORE C/o Mr. Donald Giard, One Salem Green, Salem, MA 01970
SURVEY CORPORATION, SEPTEMBER, 2000.
_
3. ELEVATIONS SHOWN ON THIS PLAN ARE BASED ON NGVD OF 1929. THE BENCHMARK FOR Date: September 25, 2000
PLDE X00-02 Scale: 1' = 10) Sheet 1 of 1
VERTICAL CONTROL (NOT SHOWN ON THIS PLAN) IS A USCS&GS STANDARD TIDAL MARK DISK SET N/F IENDY S OLD FASHIONED
STREETVERTIC�ELEVAIION 1LY IN THE y3.695(NGVD).ALL OF THE SOUTHEAST CORNER OF THE U.SCUSTOM HOUSE ON DERBY l HAMBURGERS PAT]ROWICZ
- 91 LAFAYETTE STREET _
ASSESSORS MAP 34, LOT 434 LAND DEVELOPMENT ENGINEERING
4. TEMPORARY BENCHMARKS HAVE BEEN SURVEYED ON THE LAND BASED ON THE PERMANENT DEED BOOK 13549, PACE 310 Washington BENCHMARK REFERENCED IN NOTE 3, AS FOLLOWS: PLAN BOOK 166, PLAN 78 60 n 9ton Street, Salem, MA 01970
TBM 1: ELEVATION-9.95 PK NAIL SET IN PAVEMENT PLAN BOOK 294, PLAN ! (978)745-2288
TBM 2: ELEVATION-9.94 DRILL HOLE SET IN CONCRETE
TBM 3: ELEVATION-9.48 PK NAIL SET CONCRETE SIDEWALK NORTH SHORE SURVEY CORP.
47 Linden Street, Salem, MA 01970
(978)744-4800
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