64-495 - 30 GROVE STREET - CONSERVATION COMMISSION )� � cry- 'JR5 3c� 6�0,,� �.
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April 26, 2010
Attorney Fran Mayo
265 Essex Street, Suite 301
Saleiii, MA 01970
Re: Order of Conditions—DEP #64-495
30-36 Grove Street, Hannony Grove Cemetery, Salem Massachusetts
Dear Attorney Mayo:
Enclosed, please Find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (Lis of May 6, 2010), this CIOCLIiiient and the attached
Special Conditions must be recorded at the Essex COLI)Ity Registry of Deeds (Shetland
Park 45 C01111-CSS Street, Suite 4100 Salem, Massachusetts). Once recorded, please
return a copy of Page 9 of the Order, which will indicate to the Commission that the
C10CLInient has been recorded.
As indicated in the Order, prior to any work coniniencing:
I. this Order must be recorded,
2. a si.-ii shall be displayed showing DEP File # 64-495 within public view, and
3. contact Frank Taormina at least 48 hours prior to any activity to schedule a pre-
construction 111CC611Z to review the Order With your hired contractor.
If YOU have any I'L11-thCr (ILICS6011S, Please feel free to contact Frank Taormina 978-619-
5085.
Sincerely,
Carey 11)it i ties
Conservation Agent/ Staff Planner
Enclosures
CC: .10[lathall Reardon, Harmony Grove Cemetery
DEP Northeast Regional Office
Sent electronically to: Peter Ogren, Hayes Engineering
Y'
I Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 - Order of Conditions MassbEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 — -- - —
i L]
eDEP Transaction#
Salem
Citylrown
A. General Information
Important: Salem
When filling 1. From: - erv- --Commission
- ----- - - - -
oul forms Conservation Commission -
on the 2. This issuance is for
computer, (check one): a. ZOrder of Conditions b. ❑ Amended Order of Conditions
use only the
lab key to 3. To: Applicant:
move your
cursor-do Jonathan Reardon, President of Board of Trustees
- ---
not use the a First Name b. Last Name
return key.
Proprietors__Harmony Grove Cemetery _
c Organization --- --- -- ----�–—– ---
30 Grove Street
d. Mailing Adtlress
1 El °. Salem MA 01970
e. City/Town f.-State g. Zip Code
4. Property Owner (if different from applicant):
a. First Name--- --_— ---_—----- b. Last Name —--T.---- – --
__
C.Organization - – --'–
d. Mailing Address
e. City/Town _ ---- f Slate _ - g. Zip Code
s. Project Location:
30-36 Grove Street Salem
a. Street Address -- - - - b.City/--_--
b. Town -- _--
Map 16 242 0 and 242 1
a Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d31 m24.77s 70d53m46_38s__
d. Latitude e. Longitude
,voalorm5 doc- rev_1223109 Page i or 12
r
- Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions Mass°EPRe# -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -
eDEP Transaction#
Salem
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Essex South_
a. County b.Certificate Number(if registered land)
31S
- -- --- -- 300
c. Book -------- --- - --— -P-----_--------
d. Page
7. Dates: November 12, 2009 April 8, 2010 April 26, 2010
a. Date Notice of Intent Filedb. Date Public Hearing Closed c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan to Accompany Notice of Intent Harmony Grove Cemetery Salem, Mass.
a. Plan Title - - - - - -
Peter J. Ogren Peter J. Ogren
b. Prepared By - - - --- -...- ----.- - --.
a Signed and Stamped by ,
April 8, 2010 -
l R --- ----- — -- -e-
Narrative
1 ,_20'
----------------- --------
d. Finaevision Date -e.-
Scale ---
Narrative of Proposed Restoration Harmony Grove Cemetery April 8, 2010
Salem, MA - -
__ 9. Date ,
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. ® Protection of
pp y ® Fisheries
Wildlife
g. ® Groundwater Supply If, ® Storm Damage Prevention i. ® Flood Control
2 This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a, ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpab,m5.eoc- rev.12p3109
Page 2 of 12
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IMassachusetts Department of Environmental Protection Provided by MassDEP
I Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions MassoEPE;e# -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ---------
eDEP Transaction tF
Salem
City/Town
B. Findings (cont.)
Denied because:
b ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
C. ❑ the information submitted by the applicant is not sufficient to describe the site, the
work, or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project ---- - ----
disturbance and Bank or Bordering Vegetated Wetland boundary (if a.linear feet
available)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank -------- — --
--- - —
a.linear feet b. linear feet c. linear feet d. linear feet
5. ❑ Bordering
Vegetated Wetland a. square feet b.square feet c. square feet d square feet
6. ❑ Land Under
Waterbodies and a.square feet b. square feet c, square feet d.square feel
Waterways
e.c/y dredged f.c/y dredged
7. E:1 Bordering Land -
Subject to Flooding a. square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage - --- - - ..
e. cubic feet 1.cubic feet - -
g.cubic feet h.cubic feet
e. ❑ Isolated Land
Subject to Flooding a.square feet b. square feel
Cubic Feet Flood Storage - - -
c.cubic feet d.cubic feet e.cubic feet f. cubic feel
wpalonn$.tloc rev. 12)23,05
Page 3 of 12
i
Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection - Wetlands 64-495
LlWPA Form 5 — Order of Conditions MassDEP Fle#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
,
B. Findings (cont.) City/Town
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
9 Riverfront Area 11888 11888
a, total sq.feet b. total sq. feet
Sq it within 100 ft 0 °__ 27.53 2753
C. square feet d.square feet e.square feet f. square feet
Sq ft between 100- 11888 11888 _ 3.5286 35286
200 ft g. square feet - h.square feet i.square feet i.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port
Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
Ocean a.square feet b.square feet
c. c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches ---------- –.—______ cu yd - cu yd _
a.square feet b.square feet c. nourishment J. nourishment
14. ❑ Coastal Dunes -- --- ___ cu yd ---------cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks
a. linear feel b. linear feet
16. ❑ Rocky Intertidal _
Shores a.square feel b.square feet
n. ❑ Salt Marshes _ _ _ _
a. square feet b.square feet c.squa__re feet__ d.square feel
a. ❑ Land Under Salt
Ponds a.square feet b.square feet
19 El Land Containing
c. c/y dredged J. c/y dredged
Shellfish a.square feet b.square feet C. square feet d. square feet
20 ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies an
Waterways,
above d
a. Gydredged b.c/y dredged
21. ❑ Land Subject to _
Coastal Storm a.square f—eet b. square feet
Flowage
•xnalarm5 doc ,ev.1223109
Paye 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
i
WPA Form 5 - Order of Conditions MassDEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
L
0 - - -------
eDEP Transaction#
Salem
ci y/rown ------B. Findings (cont.)
22. ❑ Restoration/Enhancement:
a. square feet of BVW b.square feet of salt marsh
23. ❑ Stream Crossing($):
a. number of new stream crossings - b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply
a. the work is a maintenance dredging project as provided for in the Act; or
b, the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6 If this Order constitutes an Amended Order of Conditions, this Amended Order of '
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on April 26, 2013 unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have
been completed.
wpalorm5.doc- rev.12123109 -
Page 5 0f 12
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I
I L1 Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions ""ass°EP He -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
i eDEP Transaction#
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"j
"File Number 64-495 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form BA) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #12 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15, The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -- -
L7 IJ eDEP Transaction # -
Salem_
City/Town - -
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated
sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which
reserves the right to require additional erosion and/or damage prevention controls it may
deem necessary. Sedimentation barriers shall serve as the limit of work unless another
limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order (the "Project') is (t) ❑ is not (2)® subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards, then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i, all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
N. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
npalorm5.aoc• rev.12/23109
Page 7 of 12
�LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 - Order of Conditions MassoEPFileu- -
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - Tran- ----
eDEP Transaction p
Salem
City/Town
C. General conditions under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is
notified that another party has legally assumed responsibility for BMP maintenance. Prior
to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party (defined in General Condition 18(e)) shall execute and submit to the
issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement)
for the Stormwater BMPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs
and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc rev.12/23/09
Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions MassDEP File 9
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - -
eDEP Transaction x
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions(if you need more space for additional conditions, please attach a text
document):
See attached document
J
rmafo,m5❑oc av 12123109
Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction #
Salem
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The Conservati_on Commission _ hereby finds (check one that applies):
- -
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal ordinance or Bylaw - —_-- ----
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
.Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b ❑ that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
1. Municipal Ordinance or Bylaw — ---- 2 Citation
s. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
wpoform5Aac- rev.12123109
Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special W" of-0.4 Zo10
5
condition pursuant to General Conditions#4,from the date of issuance. t. Dto(� of IssuaQce
Please indicate number o members who will sign this form. _ _
This Order st be signed by a majority of the Conservation Commission. 2. Number of Sig ers
The Ord must be mailed b certified mail (return receipt requested)or hand delivered to the applicant. A
copy al must be mailed o hand delivered at the same time to the appropriate Department of
Environ ental Protection egional Office, if not filing electronically, and the property owner if different
from ap icanl.
Signature
i�
by certified mail, return receipt
❑ by hand delivery on Lequested, on
_ aril Z(c _2010
Date 1
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpalormS.Doc rev.1223109 Page 11 o112
- - -- Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 — Order of Conditions PAassDEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
citylrown
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the
name of the owner of the land subject to the Order. In the case of registered land, this Order
shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the
Order of Conditions. The recording information on this page shall be submitted to the
Conservation Commission listed below.
Salem
--- ------------------
r Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
_------ ---- -- -------- ---------
To
--- --To
Salem
- ------ - - - -- - - - -
Conservation Comm-ission
Please be advised that the Order of Conditions for the Project at:
30-36 Grove Street 64-495
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for: -- - -- -- - -- -- -- -- ------- -- - -
Property Owner
and has been noted in the chain of title of the affected property in:
--------=- -------- - --- --------- --
Book Page
In accordance with the Order of Conditions issued on:
Date -- ---- - -- - - --. __ -_..- --- ---
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
%,a(orm5.dac- rev.12122109 Page 12al 12
Attachment to Order of Conditions # 64-495
Page lof 6
SALEM CONSERVATION COMMISSION
DEP FILE # 64-495
Hanuony Grove Cetnetety
30-36 Grove Street
Salem, Massachusetts
ADDITIONAL FINDINGS
13ascd on the Estimated habitats or Rare Wildlife and Certified Vernal Pools Map (.lune I. 2003) from Natural
I Icrila'-r & Endantered Species Program (NI-IhSP) of the Nlassachusetts Division of Fisheries and Wildlile, it has
been cletermined that this project does not occur near anv habitat ofstate-listed rare wildlife species nor contains any
vmaul pools.
This Order is issued under the Nlassachusetts Wetlands Protection Act, NI.G.L. Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
This Order permits the restoration of Riverfront Area located at Harmony Grove Cemetery. Prior to any work being
coniplcted.. an C10t011 conuol fence shall be installed on the inside of the chain link fence for the length ofthe site.
The Narrative o/Proposed Restorulion Hurmom; Groiv Cemeiei-v Salem, Massachusetts, (attached) describes the
restoration activities permitted. ']'his inchides the removal of composted material, debris, trash, etc that has built up
as pan ofa previously existing„ non-permitted, composting pile ftom the Riverfront Area. ']'he previously disttubed
arca :hall he ICwnled to the natural grade by finding the lirrmcr forest mat. Areas around UCCS shun be C.xCavMCLl by
hand. Once the arca is restored to its original grade, the applicant shall contact the Conservation Agent and/or
Conservation Chairman to have the area inspected. Once new grading has been reviewed and approved by the
Conservation Agent and/or Conservation Chairman the entire disturbed area shall be seeded with a Conservation
Dlix. Proposed plantings shall be installed per the approved plan titled Plan to Acconquut3 Notice o/ Intent
/-/armour Grote Cemetety Su/em, M,9 dated April 8, 2010.
This Omer also permits the creation of a composting area within a previously disturbed Riverfront Area. The
approved composting area will be 1108 square feet and is located outside of the tlood zone and in the 100-200 foot
Rivcihoin Area. Composting shall be located in a fenced area per the approved plan titled Plan to Ac•compam;
Nolu c of Intent /-tarn om GmVe C`cme(err Salem. 11-/.,1 dated :April 8. 2010. In order to ensure Ihnt no hvdrolouiC
connections are created between the composting pile and the North River, the composting area shall contain a one
loot high grussed berm to be planted per the specifications noted on the approved plan.
']"his Order also permits the repair and in-kind replacement of the fence located along 1 Imi-nony Grove Road. Per
this Order the applicant shall remove all trash and debris by hand that is located on the cemetery's property along
both sides of ILa mony Grove Road.
I hr applicant shall dcsrgn signs that say Riverfront Area No Dumping. The signs are to be reviewed and approved
by the Conservation Agent and/or the Conservation Chainman prior to installation. Once approved the signs shall be
nstalled at 100 foot intervals along the boundaries of the Riverfi-ont Area as noted on the approved plan as well as
on the cenzelerv's property located on the eastern side of Harmony Grove Road.
finally, the applicant shall comply with all state and local pemlits that may be necessary for composting activities.
file Conservation Commission shall receive copies of any pennits obtained for the activities discussed above.
Attachment to Order of Conditions # 64-495
Page 2of 6
GENERAL CONDI HONS
'I hi> Oldcr of('onditions must be recorded in its entirety (all 6 pages) at the Essex County Registry of
Deeds Or the Land Court for the district in Which the land is located, after the expiration of the 10-day
appral period and within 30 days of the issuance. A copy of the recording information nutst be
submitted to tilt Salem Conservation Commission before any Work approved in this Order
commences.
2. Approval of this application does not constitute compliance With any law or regulation other than
JM.G.I_ Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City ot'Salem Wetlands
PI WCt1Un ()rclinancc. Salem Code Chapter 34. Section 34-1 34-13.
All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
Shall Occur On this property Without prior approval fiom the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-495,and not placed on
a icing firer.
5. No work approved in this Order may commence until the ten (10)day appeal period has lapsed lion the
elate of the issuance of this Order.
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent, officers, or employees- shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131,
Section 40, the Wetlands Regulations 310 CNIR 10.00, and shall have the right to require any data or
documentation that it deems necessary for that evaluation.
S. 'I lie 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 clays of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
fullowine:
(1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500. 86 stat. S 16), U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
ofsea 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CNIR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 2 1 A ss7
cud 31-1 ( NIR 7.00. Any Board of l Icalth permit for septic system design for any portion of the
septic system within 100 feet of Wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR
744.).
Atraduncnt to Order of Gnulitions n 64-495
Payr Sul
If IhCre al C Coll llictin_conditions within this O1 der. the stricter Condit on(s) shall mile.
I I All \vork shall he per farmed so as to enane that there will be no sedimentation into wetlands and
surface waters during construction or after aomletum of the project.
_'- I he C'ununissiun ur its Agent shall have the discretion to nuxlil\_ the Crosion'sihanon contol nncthods
and boundary dw m cOnJtrnCllUn if necessary.
The Commission reserves the right to impose additional conditions on portions of this project or this site
.tai mitigate any actual or potential impacts resulting from the work herein permitted.
I-1 I11 \Null: shall conform to the Billowing attached plans and special conditions:
h incl.I pprured Plans
Plan to Accompany Notice of Intent Harmony Grove Cemetery Salem. IND\
(lid")
:April 8. 2010
(Dated) --
Peter.l. Ogren
(si.;ned and strnnped hr)
City of Salem Conservation Commission
((la file frith) — -- --
15. Any proposed changes in We approved plan(s) or any deviation in construction from the approved
plains) shall require the applicant to f ile a Notice of Project Change with the Commission. 'I he Notice
;hall be accompanied by a written inquiry prior to their implementation in the field. as to whether the
changC(s) is substantial enuugh.to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy ol-Such request shall at the same time be sent to the Department of
latvinnunental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued.. the applicant or current landowner shall submit to the Conunisswit a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received ,I copy of
the Order of C ondamns.
PRIOR TO CONSTRUCTION
17. Prior to the commencement DIT any activRy on this site other than activities listed shove, there
shall he a Pre-Construction :Meeting between the project supel visor. the contractor responsible liar the
wol t:. and a ntcnther of the Conservation Commission or its Administrator to ensure that the
Fegtnrements of the Order olUorilAns are understood. The slaked erosion control line shall be
adjustCd. if necessary. during the plc-const action meeting. Please contact the Conservation Commission
Agent at (973) 619.5685 at least lo-ty-eight (48) hours prior to any activity to arrange for' the pre-
Construction meeting.
13. 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 plans) and detail drawings. The
Cunmiission and/or its Administrator shall inspect and appruve such iustallation at the pre-cunstruciion
mectiug.
Attachment to Order of Conditions n 64-495
Page 4of 6
19, No clearing of vegetation. including trees, or disturbance of soil ,hall occur prior to the pre-consuuction
meeting. !Adinintal itiswrballet: of shrubs and herbaceous plains shall be allowed prior to the prc-
consuactloll meting 1f absolutely necessary in order to place erosion connof stakes where requircd.
20. There shall be additional siltfence, hay bales, and wooden stakes under cover on the site to be used only
for emergency erosion control.
EROSION CONTROL
I. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction.
and shall be maintained during construction in the wetland areas and bnfllZones. "file erosion control
specilieations provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum ,uuxlards liar this projeet: the Commission may require additional measures.
22. Ali debris. fill anti excavated material shall be stockpiled a location lar enough away from the wetland
resource areas to prevent sediment from entering wetland resource areas.
_1 lirosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any aecunwlatcd silt adjacent to the barriers shall be removed.
24. The area of construction shall remain in a stable condition at the close of each Construction day.
25. Anv de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation ol,wetland resource areas. All discharge from de-tvaleringactivitics shall be littered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
tlininisuutor.
26. Within thirty (30) clays 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. II soils are to be disturbed for longer that two (2) months, a temporary cover of rye or other grass should
be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,
exposed Silt faCC shall be stabilized by other appropriate erosion conual measures, firmly anehored, to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
2C_ A copy ()['this Orcler of Conditions and the plants)approved in this Order shall be available on site at all
rimes when work is in progress.
29. No alteration or activity shall occur beyond the limit of work as shown on die approved plants').
30. All exposed sub-soils shall be covered by a minimum of three(3) inches ofquahty saeened loam topsoil
IN RA to seccling and final stabilization.
3 I. Fhere shall be no pumping of water from wetland resource areas.
32. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other
components shall be fixed immediately.
33. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
34. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including,but not limited to, civil administrative
penalties under M.G.L Chapter 21A, section 16.
r
Attachment to Order of Conditions # 64-495
Pa,i 5of 6
AFTER CONSTRUCTION
3-S. Upon completion of consiniction and final soil stabilization, the applicant shall submit the hollowing to
the Conservation Commission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form (\VPA Form SA or other limn if
required by the• Conservation Commission at the time of request).
('_) A liner lion a Registered Prolssional Engineer certifying compliance of the Property with this
Order of Conditions-.
(3) An As-Built" plan signed and stamped by ❑ Registered Prolessionul Gngineu or Land Surveyor
showing post-construction conditions within all areas under thejurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) r\II wrtland resotace.uea boundaries with associated holler Zones and regulatory setback
areas taken from the plants)approved in this Order ol-Conditions:
(b) Locations and elevations of all stormwata management conveyances, structures and best
managenunt designs. including Ibundation drains, const acted under this Order within anv
Weiland resource area or buffer zone;
(c) I)]stances h om any Structures constructed under this Order to wetland resource ureas-
"snuctures" include, but are not limited to,all buildings, septic system components, wells,
Utility lines-, fences, retaining walls, and roads/driveways;
(d) A line delineating the limit of work- "Work" includes any filling, excavating and/or
disturbance of soils or vegetation approved under this Order:
36, When issued, the Certificate ol'Compliance must be recorded at the Essex County Registy of Beds
and a copy of the recordiM' submitted to the Salem Conservation Commission.
3Z If the completed woik diners from that in the original plans and conditions, the report must specify how
the wort: 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.
3s. Frosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorizcCI their removal.
ADDI'T'IONAL CONDITIONS
3 - Prior to any work commencing an erosion control fence shall be installed on the inside of the chain link
fence for the length of the site.
40. the applicant shall restore the previously degraded Riverfront Area by removing the build up of
composted material, debris, mash, etc that was as part of the previously existing, non-permitted,
composting pile.
/Applicant Applicant shall return the Rivert not Area to the natural grade per the approved restoration narrative.
Areas around trees shall be excavated by hand.
Applicant shall contact the Conservation Agent and/or Conservation Chairman once area is returned to
original grade to have the area inspected.
Attachment to Order of Conditions # 64-495
R we 6of 6
Unce grading has been reviewed and approved by the Conservation Anent tmd/or Conservation
Chairman the entire disturbed Linea shall be seeded with a Conservation Mix. proposed planun_s shall
he installed per the approved plan titled Plan to Accompany iVolice n(/Juent Harnrnnr Grove Crmeren
Salem, Al I dated April S, 2010.
In order to ensure that a hydrologic connection is not created between the composting pile and the
✓ North River, the composting area shall contain a one loot high .-rassed berm to be planted per the
specifications noted on the approved plan.
4.5. The applicant shall remove all mash and debris by hand that is located on the cemetery's property along
both-sides of Harmony Grove Road.
46. '1 applicant shall design signs that say Rivert'ont Area No Dumping and have them reviewed and
approvrd by the Conservation Agent and/or the Conservation Chairman prior to installation,
47. Once Riverfront Arca No Dumping sidms are approved they shall be installed at 100 foot intervals
tiloni-, the boundaries of the RiverGonr area as noted on the approved plan as well as on the cemetery's
property located on the eastcm side ol'l larmony Grove Road.
r
-IS. the applicant shall comply kith all state and local permits that may be necessary for composting
activities The Conservation Commission shall received copies of any permits obtained for the
activities discussed above,
NARRATIVE OF PROPOSED RESTORATION
HARMONY GROVE CEMETERY
SALEM, MASSACHUSETTS
April 8, 2010
The Plan to Accompany the Notice of Intent, Harmony Grove Cemetery, Salem, MA, as revised April
8, 2010, calls for previously-disturbed areas within the Riverfront Area to be seeded with
grass/wildflower seed mix (Conservation Mix).
The proposal is to go into the area that was previously disturbed, where numerous wind rows were
left from the bobcat activity, and back-blade the wind rows, scraping and, as closely as possible,
finding the former forest mat. The area around existing trees is to be excavated by hand. Back-
bladed material is to be graded such that a wind row or dike is left immediately behind the fenced
mulch area to insure there is no hydraulic connection to the Bordering Land Subject to Flooding.
After the back-blading and smoothing of the area, the entire disturbed area outside the proposed
new leaf-compost area will be seeded with the Conservation Mix. The proposed plantings, a mix of
Aronia arbutifolia "Brilliantissima", Ilex verticillata, Myrica pensylvanica and Vaccinium corymbosum,
will be distributed throughout the previously-disturbed Riverfront Area and will then be planted. The
fence defining the compost area will then be installed with the necessary signs to limit further
intrusion into the Riverfront Area. All work is to be coordinated with the Salem Conservation
Commission Administrator.
1i
�D
COMMONWEALTHOF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 1� (978) 694-3200
DEVAL L.PATRICK - - IAN A.BOWliES
Governor
_ Secretary
TIMOTHY P.MURRAY � � EU
Lieutenant Governor IIII�� I LAURIEBURT
SEP n A 2009 Commissioner
September 23, 2009 Lf fi f
PT.Or PLAPitLFAI(z t
Mr. Jonathon Reardon
€fi +N k iY DEVEL6F ENT
Harmony Grove Cemetery
30 Grove Street
Salem, MA 01970
RE: Harmony Grove Cemetery, Salem
NON-NE-09-6W018
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Department of Environmental Protection(MassDEP) personnel have knowledge and/or have observed that
your site/facility is in noncompliance with the Massachusetts Wetlands Protection Act, MGL c.131, §§ 40,
and the Wetlands Regulations of Massachusetts, 310 CMR 10.00.
Attached hereto is a written description of(1) each activity referred to above, (2) the requirements violated,
(3) the action MassDEP now wants you to take and (4)the deadline for taking such action.
If you fail to take any action MassDEP now wants you to take by the prescribed deadline, or if you
otherwise fail to remain in compliance in the future with requirements applicable to you, you could be
subject to legal action, including, but not limited to, criminal prosecution, court-imposed civil penalties, or
civil administrative penalties assessed by MassDEP. A civil administrative penalty may be assessed for
every day from now on that you are in noncompliance with the requirements refer-red to above in a
cooperative and timely manner.
If you have any questions concerning this matter,please contact Wayne Lozzi at (978) 694-3256.
M
urs,
Deputy Regional Director
This information is available in alternate retreat.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD#.866-539-7622 or 617-574-6868.
http://www.inass.gov/dep•Fax(978)694-3499
Z^J Printed on Recycled Paper
Page 2
Cover Letter - -
NON-NE-09-6W018 - - -
Enclosure:
cc: Salem Conservation Commission, 120 Washington Street,Salem, MA, 01970
r =.
Page 2
NON-NE-09-6W018
ACTION TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION:
In order for you to return to and remain in compliance with the Department's Wetlands Regulations:: .
1) Immediately cease and desist cutting of vegetation in wetland resource areas and disposing of
landscape waste from operations onsite into any wetland resource area until you receive proper WPA
authorization.
2) Within 60 days of your receipt of this Notice, submit to the Salem Conservation Commission and;
MassDEP a Notice of Intent describing the processes and procedures you will use to properly remove,
reuse and/or dispose of waste/debris removed from operations performed within resource areas and how
the areas will be restored. Accompanying the application you should include a surveyed plan that
delineates and clearly identifies the resource areas onsite.
3)All actions taken pursuant to this section shall be undertaken in accordance with the requirements and
provisions of applicable federal, state and local laws, regulations and/or approvals.
Any questions about this Notice or communications required herein should be directed to Wayne Lozzi at
978-694-3256.
For thp-MassDEP t� .
Date:
Eric Wor all
Deputy Regional Director Department of Environmental Protection
Northeast Regional Office
205B Lowell Street
Wilmington,MA 01887
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NON-NE-09-6W018
NAME OF ENTITY IN NONCOMPLIANCE:
Harmony Grove Cemetery, (hereinafter referred to as "you" or"your")
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS LAST OBSERVED:
In the southern most portion of the cemetery, along the Harmony Grove Avenue area of the cemetery within
the 100-Floodplain and Riverfront of the North River in Salem.
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS LAST OBSERVED:
July 27, 2009
DESCRIPTION OF NONCOMPLIANCE:
In response to a complaint, Department staff visited the Site on July 27, 2009, and observed that activities
had been performed on the Site within Riverfront Area ("RA") to the North River and Bordering Land
Subject to Flooding("BLSF"), both of which are wetland resource areas protected by M.G.L. c. 131, § 40,
Wetlands Protection Act ("WPA") and the Wetlands Regulations at 310 CMR 10.00 (the "WPA
Regulations") at 310 CMR 10.57 and 10.58.
DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH:
These activities consisted of the dumping and disposing of debris and landscape waste from cemetery
operations in the RA and BLSF. The debris and landscape waste consisted of leaves, grass, soils and
other wood products. Also, grading of the area from heavy equipment caused disturbance of vegetation
both in the RA and BLSF.
4. The following facts have led the Department to issue this Notice of Noncompliance:
A. In response to a complaint, Department staff visited the Site on July 27, 2009, and observed that
activities had been performed on the Site within RA to the North River and BLSF.
B. Work was performed without the filing of a WPA Notice of Intent ("NOI") or Request for
Determination of Applicability("RDA") or receiving an Order of Conditions, Determinationof
Applicability, or an Emergency Certification as required by the WPA and the WPA regulations.
C. The activities performed on the Site have altered, impaired, and had an adverse effect on BLSF
and RA on the site, causing damage to the interests of the WPA, specifically, those of flood
control, storm damage prevention, protection of groundwater supply, fisheries, prevention of.
pollution, and protection of wildlife habitat.
D. By failing to file a NOI and/or RDA or receive an Order of Conditions, Determination of
Applicability and/or an Emergency Certification and by altering or`otherwise impairing BLSF and
RA, you have violated, and continue to violate, the WPA and the WPA Regulations, specifically
the provisions of 310 CMR 10.02(2)(a) and (b); 310 CMR 10.05(4)(a); 310 CMR 10.05(6)(k)(7);
310 CMR 10.57(4)(a); and 310 CMR 10.58(4)(c.) and (d).
CITY OF SALEM
„ g 9 CONSERVATION COMMISSION
SITE VISIT! FORM
PROJECT LOCATION: 4?�'” �^-� Cs r^L- w^^�� ATE OF SITE VISIT'-��
PROJECT PROPONENT: DEP FILE NUMBER:
PROPOSED WORK:
TN ATINDAIYCE'" _. ..
Commission Members/Agent: ��� Abutters:
Applicant/Property Owner/Representative:
• CSxFE VISIT,PURPOSE = � k n
SITE VISIT'"DOCUMENTATION. "° � � - 9 '� _
Photos Epite Map ❑Other:
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
n (`
f � � V�� �����•
s n
•
MAYOR KIMBERLEY DRISCOLL
tti.cowy CITY OF SALEM
Harbormaster
51 Winter Island Rd.
Salem, MA 01970
T1 a v.m •_:
scL, (978) 741-0098
Fax (978) 741-5641
SGT. PETER GIFFORD
HARBORMASTER
To whom it may concern, 03/19/2010
I have been the Harbormaster and shellfish warden for the city of Salem for
the last ten years. During this time all tidal flats in Salem have been and are
still closed due to contamination from 100 years of industrial waste, mostly
from but not limited to, leather factories being dumped into the North and
South rivers, which empty into Salem Sound.
The North River is salt water tidal and is 99% empty at low tide from the
Beverly / Salem Iine;to where it narrows into a canal at the North St overpass
and then runs west into Peabody. At this point at the North Street overpass,
the river is divided into two geographical sections. The North River to the
east and the North River Canal to the west.
The north river canal is in fact an open, uncovered storm drain to the sea. It is
still the main storm drain for the city of Peabody and was evident during the
storm of March 131". 2010 which produced massive flooding in downtown
Peabody. I.personally witnessed all of the street flooding emptying out
through the canal.
Shell fishing has never been allowed there and to the best of my knowledge,
shellfish don't even exist there because of the extreme contamination and
lack of water most of the day.
Sincerely,
Sgt st
J.Peter Gifford
Sain Harborm er
w.W �
2U0
Project File: SAL-0070
Harmony Grove Ceme ssU�iTVDEVrLOPM.Cn;T
#30 Grove Street
Salem, MA 01970
Notice of Intent
Application
1
Existing Leaf Storage Area
and Proposed Plantings
t Harmony Grove Cemetery
#30-36 Grove Street
Salem, MA
November 2009
603 Salem Street
Wakefield, MA 01880
Tel: (781) 246-2800 Nantucket, MA 0#2554
Fax: (781) 246-7596 Tel: (508)228-7909
Hayes Engineering, Inc.
r�
1 +I
I
1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MasSDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
AN 17 SRL.EH WE77L.41- 9bs T'WT-ECi IOL4 e>Z ru ne
When filling out
Important A. General Information
forms on the
computer, use 1. Project Location (Note: electronic filers will click on button to locate project site):
only the tab key
to move your Harmony Grove Cemetery Salem 01970
cursor ret not 30-36 Grove Street b.Cit /Town c.Zi Code
use the return Y p
key' Latitude and Longitude: 42 31' 24.77" -70 54' 46.38
d.Latitude e. Longitude
Map 16 block 242 parcels 0 and 1
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
' Jonathan Reardon, President of Board of Trustees
a. First Name b. Last Name
Note: Proprietors of Harmony Grove Cemetery
Before c.Organization
completing this
form consult 30 Grove Street
your local d.Street Address
Conservation Salem MA 01970
Commission e.CityTTown I.State g.Zip Code
regarding any
municipal bylaw (978)744-0554 None harmonygrove@verizon.net
or ordinance. h. Phone Number i. Fax Number j.Email Address
' 3. Property owner(required if different from applicant): ❑ Check if more than one owner
Same as applicant.
a. First Name b.Last Name
I
c.Organization
d.Street Address
e.City/Town f.State g.Zip Code
rh. Phone Number i. Fax Number j. Email address
4. Representative (if any):
Elizabeth Wallis/Peter J. Ogren
a. First Name b. Last Name
Hayes Engineering Inc.
c.Company
603 Salem Street
d.Street Address
Wakefield MA 01880
e.Cityrrown f.State g.Zip Code
(781)246-2800 (781)246-7596 Iwallis@hayeseng.com
h. Phone Number i. Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$750.00 $362.50 $387.50
a.Total Fee Paid b.State Fee Paid c.CityTTown Fee Paid
' wpaform3.doc•rev. 04/08/09 Page 1 of 8
' Massachusetts Department of Environmental Protection Provided by MassDEP ,�
Bureau of Resource Protection - Wetlands
u r�aR
r z„MassDEP File Number a
WPA Form 3 - Notice of IntentI ( dir
' F Document Transaction Number
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 salem . — u
CitylTown
A. General Information (continued)
' 6. General Project Description:
The applicant requests a permit to continue existing Cemetery leaf storage operations, and install
plantings in the locations shown on the accompanying plan
1
' 7a. Project Type Checklist:
1. ❑ Single Family Home 2. ❑ Residential Subdivision
3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry)
9. ❑ Transportation 10. ® Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24(coastal)or 310 CMR 10.53(inland)?
1. ❑ Yes ® No If yes, describe which limited project applies to this project:
2.Limited Project
8. Property recorded at the Registry of Deeds for:
Essex south
a.County b.Certificate#(if registered land)
318 300
c.Book d.Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ® Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
1 Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
' For all projects
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any
Resource Areas,
please attach a
narrative a. ❑ Bank 1.linear feet 2.linear feet
explaining how
the resource b. ❑ Bordering Vegetated
area was Wetland 1.square feet 2.square feet
delineated.
c. ❑ Land Under 1.square feet 2.square feet
Waterbodies and
Waterways 3.cubic yards dredged
1 wpaform3.doc•rev.04/08/09 Page 2 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (contrd)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. ® Bordering Land 1,5251
' Subject to Flooding 1.square feet 2.square feet
3.cubic feet of Flood storage lost 4.cubic feet replaced
' e. ❑ Isolated Land
Subject to Flooding 1.square feet
2.cubic feet of Flood storage lost 3.cubic feet replaced
f. ® Riverfront Area North River
1. Name of Waterway(if available)
2. Width of Riverfront Area(check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
3. Total area of Riverfront Area on the site of the proposed project: 205,000
square feet
4. Proposed alteration of the Riverfront Area:
41,324 6118 35,206
a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft.
' 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No
1 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
' will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any)
document
transaction
number a. EJDesignated Port Areas Indicate size under Land Under the Ocean, below
(provided on
1 your receipt b. ❑ Land Under the Ocean
page)with all 1.square feet
supplementary
information you 2.cubic yards dredged
submit to the
Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment
e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment
wpaform3.doc•rev.04/08/09 Page 3 of 8
1
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
' WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont d)
Size of ProDosed Alteration Proposed Replacement of any)
f. ❑ Coastal Banks 1. linear feet
g. E) Rocky Intertidal
Shores 1.square feet
h. ❑ Salt Marshes 1.square feet 2.sq ft restoration, rehab.,creation
i. El Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ Land Containing
' Shellfish 1.square feet
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.cubic yards dredged
1. ❑ Land Subject to
Coastal Storm Flowage 1.square feet
4. ❑ Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a.square feet of BVW b.square feet of Salt Marsh
5. ❑ Project Involves Stream Crossings
ia. number of new stream crossings b. number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitattonline viewer htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
2008 MassGIS Route 135, North Drive
NHESP map. Westborough, MA 01581
wpaform3.doc•rev.04/08/09 Page 4 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
1 Massachusetts Wetlands Protection Act M.G.L. 6. 131, §40 Salem
Cityrrown
C. Other Applicable Standards and Requirements (cont'd)
If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section CAL, and include requested materials with this Notice of Intent (NOI); OR
complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI,
by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take
up to 90 days to review(unless noted exceptions in Section 2 apply, see below).
1. c. Submit Supplemental Information for Endangered Species Review*
1. ❑ Percentage/acreage of property to be altered:
A (a)within wetland Resource Area
percentage/acreage
1 (b) outside Resource Area
percentage/acreage
2. ❑ Assessor's Map or right-of-way plan of site
3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work**"
(a)❑ Project description (including description of impacts outside of wetland resource area &
buffer zone)
' (b) ❑ Photographs representative of the site
(c)❑ MESA filing fee (fee information available at:
http://www.mass.gov/dfwele/dfw/nhesD/regulatory review/mesa/mesa fee schedule htm).
' Make check payable to "Natural Heritage& Endangered Species Fund" and mail to
NHESP at above address
Projects altering 10 or more acres of land, also submit
(d)❑ Vegetation cover type map of site
(e)❑ Project plans showing Priority& Estimated Habitat boundaries
d. OR Check One of the Following
!I ' 1. ❑ Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
http://www.mass.gov/dfwele/dfw/nhesD/regulatory review/mesa/mesa exemptions htm,
the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to
310 CMR 10.37 and 10.59.)
2. ❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP
Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see
hftp://www.mass.gov/dfwele/dfw/nhesi)/nhesi).htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are
' not required as part of the Notice of Intent process.
wpaform3.doc•rev.04/08/09 Page 5 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
C. Other Applicable Standards and Requirements (cont'd)
' 3. ❑ Separate MESA review completed.
Include copy of NHESP"no Take' determination or valid Conservation & Management
Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ® Not applicable—project is in inland resource area only
b. ❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore- Hull to New Hampshire:
Island, and the Cape& Islands:
Division of Marine Fisheries-
1 Division of Marine Fisheries- North Shore Office
Southeast Marine Fisheries Station Attn: Environmental Reviewer
Attn: Environmental Reviewer 30 Emerson Avenue
838 South Rodney French Blvd. Gloucester, MA 01930
New Bedford, MA 02744
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users: a. El Yes El No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
1 transaction b.ACEC
number
(provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page)with all
supplementary a. ❑ Yes ® No
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
a. ❑ Yes ® No
' 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1. ❑ Applying for Low Impact Development(LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2.❑ A portion of the site constitutes redevelopment
3.❑ Proprietary BMPs are included in the Stormwater Management System.
b.® No. Check why the project is exempt:
1.❑ Single-family house
' wpaform3.doc•rev.04/08/09 Page 6 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/rown
C. Other Applicable Standards and Requirements (cont'd)
2.❑ Emergency road repair
3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project)with no discharge to Critical Areas.
D. Additional Information
' Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page) for any of the
following information you submit to the Department.
1. 0 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.
1 (Electronic filers may omit this item.)
2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. 0 List the titles and dates for all plans and other materials submitted with this NOL
Refer to the attached "List of Plans and Documents"for titles and dates of submitted materials.
a. Plan Title
1 Hayes Engineering Inc. Plans signed and stamped by Peter J. Ogren,
b. Prepared By P.E., P.L.S.
d. Final Revision Date e. Scale
f.Additional Plan or Document Title g.Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
s. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
1 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. ® Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev.04/08/09 Page 7 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
E. Fees
' 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
' t& ok '�,5a \.\,�SVAq
2. Municipal Check Number 3.Check date
g3S1 t- 1t-j3S3 `j
4. State` Check Number �C 5.Check date
NZv
6. Payor name on check: first Name I 7. Payor name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
See, alfmiJagA (e.Ues oP(ul�orj7a rl.
1.Signature of Applicant 2. Date
3. fig atur f P ed Owner if diff re t) 4. Date
^tel a� �7ng�dl �i1�(4�YT cs D q
5. ture of Representative(if any) V �J' 6. Date
V
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
1 For MassDEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
' The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc•rev.04/08/09 Page 8 of 8
Harmony Grove Cemetery
30 Grove Street, Salem, Massachusetts 01970
Telephone (978) 744-0554
Fax (978) 745-9876
Officers:
Jonathan A.Reardon,
Chairman&President _
Racket Shreve,
Vice-President
William Phippen,
Vice-President November 3, 2009
Albert Goodhue,III
Treasurer _
R.Angus West,
Secretary Ms. Elizabeth Wallis
' Board of Trustees: Wetland Scientist
Daniel Finemore Hayes Engineering Inc.
Timothy A.Ingraham 603 Salem Street
Jack Lawrence Wakefield, MA 01880
Henry P.Phippen
Katharine Pickering
Rebecca Putnam
Katherine van Dyke Dear Elizabeth
IPaul R. Willis
This is to grant permission to Hayes Engineering to act on behalf of the
Proprietors of Harmony Grove Cemetery in the filing of Notice of Intent
applications, any hearings or other related business pursuant to DEP file
NON-NE-09-6WW018.
Thank you for all your assistance in this matter.
Sincerely,
1 r�
Jonban A. Reardo I
Cha L.
Board of Trustees
1
1
HAYES ENGINEERING, INC. 603 SALEM STREET
I CIVIL ENGINEERING & 40q<C4:o
WAKEFIELD,MA 01880
LAND SURVEYORS (781)246-2800
HgYE9 ENp INEERINp�
cy�c
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UNITED STATES GEOLOGICAL SURVEY MAP LOCUS MAP N
25k MASSGIS QUADRANGLE HARMONY GROVE CEMETERY T
SCALE: 1:18647 (metric contours) HARMONY GROVE RD /GROVE ST.
SALEM , MASSACHUSETTS
LMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' Important: A. Applicant Information
When filling out
' forms on the 1. Applicant:
computer,use
only the tab key Jonathan Reardon r
to move your president of the Board of Trustees
cursor-do not a.First Name b. Last Name
1 use the return Proprietors of Harmony Grove Cemetery
key. c.Organization
30 Grove Street
d. Mailing-Address
Salem MA 01970
e. City/Town f.State g.Zip Code
�a (978)744-0554 None harmonygroveP-verizon.net
h.Phone Number i. Fax Number I.Email Address
2. Property Owner(if different):
' Same as applicant.
a. First Name b.Last Name
c.Organization
d. Mailing Address
e.Citylrown f.State g.Zip Code
h. Phone Number I.Fax Number j.Email Address
1 3. Project Location:
30-36 Grove Street Salem
' a.Street Address b.City/rown
To calculate B. Fees
filing fees,refer
to the category
fee list and The fee should be calculated using the following six-step process and worksheet. Please see
examples in the Instructions before filling out worksheet.
instructions for
filling out WPA Ste 1R a of Activit Describe each type of activity that will occur in wetland resource area and
Form 3(Notice of P YP Y: YP tY
IIntent). buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
' Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
' Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per
category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
' Step 6/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
' Wpaform3.doo•Wetland Fee Transmittal Form-rev,2121108 Page 1 or 2
' Massachusetts Department of Environmental Protection
r Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
' Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/1ndividual Fee
Activity Fee
Leaf storage/plantings 1 $500 + $750.00
(Category 2 j.) in Riverfront and $250=
BLSF
r
r
Step 5/Total Project Fee: $750.00
Step 6/Fee Payments:
li Total Project Fee: $750.00
a.Total Fee from Step 5
State share of filing Fee: $362.50
r b. 1/2 Total Fee less$12.50
City/Town share of filling Fee: $387.50
c. 1/2 Total Fee plus$12.50
' C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
' Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent;a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office(see Instructions):Send a copy of the Notice of Intent or Abbreviated Notice of
Intent;a copy of this form; and a copy of the state fee payment.(E-filers of Notices of Intent may submit these
electronically.)
1
' WeaformIdoc•Wetland Fee Transmittal Form•rev.2121108 Page 2 of 2
Sovereign 9352
HARMONY GROVE CEMETERY
30 GROVE STREET
SALEM,MA 01970 5-7515/0110
(9781744-0554 11/5/2009 o
'PAY TO THE
ORDER OF City of Salem $ *1387.50 e
' Three Hundred Eighty-Seven and 50/1 DOLLARS
City of Salem TWO SIGNATURES REQUPED =
°�Fr
_ EPe GE
MEMO AUTHORIZEDGIGNATURE � °fit
notice of intent a lication
11.00935211' 1:0110751501: 7100001042211'
r
'
Sovereign 9351
HARMONY GROVE CEMETERY
30 GROVE STREET
SALEM,MA 01970 5-7515/0110
(978)744-0554 11/5/2009
'PAY TO THE
ORDER OF Commonwealth of Mass. $ *4262.50
Two Hundred Sixty-Two and 50/100***fff,«rt*rt#f1«««rt#111,«#«rtf411,1##rt*1141!1«#rtf*141!«#*111141##rt*#f4»f#*rtffl!#rtrt*rt41f«DOLLARS
Commonwealth of Massachusetts TWO SIGNATURES RE UIRED
1 — �F
'Y �f
'MEMO AUTHORIZEDSIGNATURE wFc`s E�°P4
NOI aoDlicatioh fee rR�
11000935111' 1:0110751, 501: 7i00001,0422v
' Sovereign 9353
HARMONY GROVE CEMETERY
30 GROVE STREET.
5-7S15/0110
SALEM MA01970-
' r (978)744-0550 1.1/5/2009
4 SY
Y
AY TO THE :: "} r•
RDER OF r COmm011wealth of Mass ' $' **100 00
«***'frtrtR#1*#k***R*##*R#R 1ff4111411!ffl1111*f4rtrtff**!R#lflflHf4*k*rt**rt***rt*##!f!�!f 4 1111414*fk#««DOLLARS Std
One HUndretlJ.
and 00/100
' -- TWO SIGNATURES REQUIRED €
CornffiPnWealtW of Massachusetts
1
P
AUTHORIZED SIGNATURE
aEglicationrfee' atltldiorial ariit.';� � ""�
R'009353110 1:0110751501: 7 10000 10 4 2 2110
' AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
' (to be submitted to the Massachusetts Department of
Environmental Protection and the Conservation Commission
when filing a Notice of Intent)
' I, D a 4' 4v a hereby certify under the pains
and penalties of perjury that on "o\ o 1 gave notification to
' abutters in compliance with the second paragraph of Massachusetts General Laws,
' Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8,
1994, in connection with the following matter: Leaf storage area & install plantings.
A Notice of Intent filed under the Massachusetts Wetlands Protection Act by
Proprietors of Harmony Grove Cemetery with the Salem Conservation Commission on
to for property located at Harmony Grove Cemetery, #30-36 Grove Street.
' Salem (intersection Grove St. and Harmony Grove Road).
The form of the notification, and a list of the abutters to whom it was given and
their addresses are attached to this Affidavit of Service.
' Name Date
f
CITY OF SALEM CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
' NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
& the City of Salem Wetlands Protection Ordinance
A Public Hearing will be held at the City Hall Annex 120 Washington Street, Salem, MA 01970
' at:
6 pm on December 10. 2009
' To consider a Notice of Intent
Submitted By: Proprietors of Harmony Grove Cemetery
For the property located at #30-36 Grove Street. Salem (Assessors map 16 Block 242 Parcel
0 & 1).
For: Existing leaf storage area and plantings within 200 feet of a river.
This is a joint hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the
Salem Wetlands Protection Ordinance and Regulations. Plans are available at the Department
of Planning and Community Development at the City Hall Annex 120 Washington Street Salem,
' MA from 8 am- 4 pm Monday — Wednesday, 8 am -7 pm on Thursday, and 8 am- 12 pm on
Friday. For information call the Conservation Agent at 978-619-5685.
1
Note: Notice of the public hearing, including its date, time and place, will be published at least a
week prior to the meeting date in The Salem News.
' Note: Notice of the public hearing, including its date, time, place, will be posted on the Public
Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance.
Note: Please submit written comments to the Salem Conservation Commission City Hall
' Annex 120 Washington Street Salem, MA 01970 by the public hearing date.
Comments can also be emailed. Please contact the Conservation Agent at 978-
619-5685 to confirm the proper email address.
' Note: You also may contact the Salem Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information
' about this application or the Wetlands Protection Act.
To contact DEP call:
Central Region: (508) 792-7650 O Northeast Region: (978) 694-3200
Southeast Region: (508) 946-2714 Western Region: (413) 784-11
r
'
CITY OF SALEM NOV 0 Q 2009
ASSESSOR'S CERTIFICATION OF ABUTTERS !.'i J."
PROPERTY OWNERS
' BOARD/COMMISSION: Conservation Commission
' PROJECT SITE: 30-36 Grove Street (16-0424-1)
DESCRIPTION OF REQUIREMENT: All abutters and any property owner
within 100 feet of the property line of the land where the activity is proposed
including if land is separated by a public or private street or a body of water and
not unreasonably distant from the project site.
' This is to certify that the time of the last assessment for taxation made by the City of
Salem, the names and addresses of those listed on the attached sheets are "abutters and
property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a)) to the
parcel(s) of land listed above as t project site.
Assessor's Signature: Date: Ie �3
Number of initialed pages attached: _
Once Certified,Return to:
Carey Duques, Department of Planning and Community Development
1
', r
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BOSTON,MA 02284-514 REVERE,MA 02151 SALEM,MA 01970
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16_0244_0 16_0377_017_0002_0
BOND PHILIP J HARMONY G VE CORP LEBICZ ALFRED J&LOUISE
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SALEM,MA 01970 SAL;r 01970 SALEM,MA 01970
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TAGLIERI MARY LOUISE MRM PROJECT MANAGEMENT,LLC WHITE HENRY III
28 1/2 GROVE ST 9 ABBOTT STREET 461RVING STREET
SALEM,MA 01970 BEVERLY,MA 01915 SALEM,MA 01970
16_0333 16_0378_0 16_0246_0 ,
SAL ITY OF HARMON ROVE CORP MEDINA MARIO T
30G STREET I I PHILLIPS STREET
' S M,MA 01970 SALEM,MA 01970
16@0242_1 16 0240 0 16 0251_0
HARMONY GROVE CORPORATION SOUTH ESSEX SEWERAGE DIST PARDI JAMES M JR
30 GROVE STREET 50 FORT AVE 4 JOAN AVENUE
i
SALEM,MA 01970 SALEM,MA 01970 STONEHAM,MA 02180
16_0242_0 17_0009_0 16_0247_0
' HARMO OVE CORPORATION JALBERT ROBERT R STEFAM PIETRO
30 GRO STREET 1 HARROD ST 13 PHILLIPS ST
SAVfA MA 01970 SALEM,MA 01970 SALEM,MA 01970
' 16_0334_0 16_0268_0 16_0252_0
LURVEY FRANK M HAIGHT RAYMOND J TOBIN DONALD H
39 GROVE ST 11 HARROD STREET 14 PHILLIPS STREET
' SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970
' 16_RB0335_0 16_0267_0 16_O0248_0
CAONE JOHN M RAYMOND MANUEL J III PRVOST MELANIE J
41 GROVE STREET 13 HARROD STREET 15 PHILLIPS STREET
SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970
16_0336_0 17_0010_0 16_0253_0
SALE ITY OF 3 HARROD ST SALEM RLTY TR TALKOWSKY REALTY TRUST
3 HARROD STREET 3 DEVEREAUX AVE
SALEM,MA 01970 SALEM,MA 01970
' 16 0238 0 16 0269 0 16 0254_0
50 GROVE STREET REAL EST,LLC RILEY 1 ELPHINE E TALKOWSKY TY TRUST
' 7 RANTOUL STREET 9 HARROD ST 3 DEVERE AVE
BEVERLY,MA 01915 SALEM,MA 01970 SALE 01970
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16_0255_0 16_0265_0
TALKOWS REALTY TRUST JASKELA STEPHEN
3 DEVE AUX AVE 46 PHILLIPS ST
SAL ,MA 01970 SALEM,MA 01970
16_0256_0 16 0266_0
' TOOLAN BETH/BAPTISTA KATHRYN WEATHERBY WAYNE G
26 PHILLIPS STREET 4 CHURCHHILL ST
SALEM,MA 01970 NASHUA,NH 03062
1 16_0257_0 16 0245_801
PIERGA LEO CHERKASLY RONALD L
' 28 PHILLIPS ST 5 PHILLIPS ST U5
SALEM,MA 01970 SALEM,MA 01970
16_0258_0 16_0245_802
BACCARI SUSAN PAOLUCCI THEODORE
30 PHILLIPS ST 7 PHILLIPS ST U7
' SALEM,MA 01970 SALEM,MA 01970
1602590 17_0083_0
FOSS HOWARD W JR CELLA STEVEN M
32 PHILLIPS ST 100 TREMONT ST
SALEM,MA 01970 SALEM,MA 01970
16_0260_0 17_0008_0
FOSS MATTHEW KOCHABA MATTHEW D
' 34 PHILLIPS STREET 101 TREMONT ST
SALEM,MA 01970 SALEM,MA 01970
16_0261_0 17_TH D0082_0
LIMA ALMERINDA L SMIOUGLAS W
36 PHILLIPS STREET 102 TREMONT ST
' SALEM,MA 01970 SALEM,MA 01970
' 16_0262_ TT 0 17_0081 0
JALBERT SCOR BURKINSHAW CRAIG W
38 PHLLIPS ST 104 TREMONT ST
SALEM,MA 01970 SALEM,MA 01970
16_0263_0 17_0022_0
' NEWELL WILLIAM F JR GOODWIN ROBERT D
EVERGLADES HOUSE#1002 74 TREMONT ST
FORT LAUDERDALE,FL 33316 SALEM,MA 01970
' 16 0264 0
MORNEAU ROBERT 1
' 44 PHILLIPS ST
SALEM,MA 01970
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' LIST OF 100' PEABODY ABUTTERS
HARMONY GROVE CEMETERY
' SALEM, MASSACHUSETTS
November 2, 2009
MAP Lot Location Owner Reference
' 86 130X 9 Howley Street Peabody RA, LLC 16909/16
' 1385 Hancock Street
Quincy, MA 02169
86 135A 0 Walnut Street South Essex Sewerage District ---
50 Fort Avenue
Salem, MA 01970
' 86 135 27 Howley Street Augustine J. Merlina, Tr. 8376/508
27 Howley Street
Peabody, MA 01960
' 86 136 26 Howley Street Patricia Flomp, Tr. Doc. 335387
50 Broad Street Certf. #68619
Salem, MA 01970
86 129 0 Mt. Vernon Street City of Peabody ---
24 Lowell Street
Peabody, MA 01960
' 86 125 24 Mt. Vernon Street Antonio G. & Maria N. Abreu 5728/7
86 125A 26 Mt.Vernon Street 24 Mt. Vernon Street 7968/31
Peabody, MA 01960
86 126 28 Mt. Vernon Street Manuel B. & Elecina B. Ramos 10716/508
28 Mt. Vernon Street
' Peabody, MA 01960
86 127 30 Mt. Vernon Street Helena M. Lefas 6042/271
' 30 Mt. Vernon Street
Peabody, MA 01960
86 102 32 Mt.Vernon Street Edwin W. &Angela M. Rosa 24114/84
' 32 Mt.Vernon Street
Peabody, MA 01960
' 86 101 34 Mt. Vernon Street Sebastiao T. & Rosa Branquinho 6221/70
34 Mt. Vernon Street
Peabody, MA 01960
' 86 100A 36R Mt. Vernon Street Patricia A. Murphy 4213/26
36R Mt. Vernon Street
Peabody, MA 01960
List of 100' Peabody Abutters
Harmony Grove Cemetery, Salem, MA
November 2, 2009
MAP Lot Location Owner Reference
1 86 128 36 Mt. Vernon Street James J. & Nancy M. Griffin 12449/211
36 Mt. Vernon Street
Peabody, MA 01960
' 86 128A 38 Mt. Vernon Street Paulo C. & Maria L. Morais 25833/443
38 Mt. Vernon Street
Peabody, MA 01960
76 9A 40 Mt. Vernon Street Jose C. Silva, Tr. 26448/58
43 North Shore Avenue
' Danvers, MA 01923
76 8C 44 Mt. Vernon Street Kenneth Collins 24291/36
' 44 Mt. Vernon Street
Peabody, MA 01960
76 2 46 Mt. Vernon Street Rogerio F. &Arminda S. Loureiro, Trs. 11022/323
' 76 3 50 Mt. Vernon Street 46 Mt. Vernon Street 15966/168
Peabody, MA 01960
' 76 4 119 Tremont Street Anne Margaret Brooks 16389/59
1 Drury Lane
Danvers, MA 01923
' 76 5 117 Tremont Street Anthony P. & Luisa M. Leitto 21215/255
117 Tremont Street
Peabody, MA 01960
76 303 118 Tremont Street Antonio L. & Maria I. Duarte 9668/244
118 Tremont Street
Peabody, MA 01960
' 76 366 122 Tremont Street Raul A. & Maria D. Loureiro 5702/502
122 Tremont Street
' Peabody, MA 01960
76 365 3 Oakland Street Fausto & Fernanda Pinho 10921/346
3 Oakland Street
' Peabody, MA 01960
76 367 124 Tremont Street Robson & Maria Azevedo 23347/545
124 Tremont Street
Peabody, MA 01960
76 368 126 Tremont Street Albert P. & Donna M. Lopes 7129/223
' 126 Tremont Street
Peabody, MA 01960
' 76 369 2 Arielle Lane Gerald W. & Mary L. Brauninger 24701/426
2 Arielle Lane
Peabody, MA 01960
List of 100' Peabody Abutters
Harmony Grove Cemetery, Salem, MA
November 2, 2009
MAP Lot Location Owner Reference
76 369G 1 Arielle Lane Dawn E. Schaffer 23891/6
1 Arielle Lane
Peabody, MA 01960
' 76 370 140 Tremont Street Brenda L. Pais 11335/514
140 Tremont Street
' Peabody, MA 01960
76 371 138 Tremont Street George A. Jr. & Linda Almeida 6695/482
138 Tremont Street
Peabody, MA 01960
76 372 144 Tremont Street Edgar R. & Sally S. Leger 5102/254
144 Tremont Street
Peabody, MA 01960
76 372A 54 Highland Street Michael J. &Ann M. Keenan 5734/232
' 54 Highland Street
Peabody, MA 01960
' 76 373 52 Highland Street Lawrence R. &Christine Liberti 8797/369
52 Highland Street
Peabody, MA 01960
76 364 5 Oakland Street Americo J. &Theresa A. Martin 4882/376
7 Oakland Street
Peabody, MA 01960
76 369A 4 Arielle Lane Brian A. & Linda M. Kass 13884/25
4 Arielle Lane
Peabody, MA 01960
' 76 369F 3 Arielle Lane Michele L. McGann, Tr. 25531/355
3 Arielle Lane
' Peabody, MA 01960
76 374 50 Highland Street J.P. Felizardo& D.B. Ortins 10473/377
50 Highland Street
' Peabody, MA 01960
1
NOTICE OF INTENT
' PROJECT DESCRIPTION
HARMONY GROVE CEMETERY
SALEM, MASSACHUSETTS
' October 29, 2009
' LIST OF PLANS AND DOCUMENTS
Identifying Number/ Letter Title / Date
DOCUMENTA WPA Form 3- Notice of Intent and NOI Wetland Fee Transmittal
Form — #30-36 Grove Street, Salem, (including USGS Vicinity
Map, Salem Certified List of Abutters dated November, 2009,
Peabody Abutters List dated October 2009, Abutter Notification
' letter, and Affidavit of Service).
'
DOCUMENT13 Project Narrative, Leaf Storage, Harmony Grove Cemetery,
Salem, MA; October 29, 2009 (including Department of
Environmental Protection document "Notice of Non Compliance"
' issued on September 23, 2009). \
PLAN Plan to Accompany Notice of Intent in Salem, Mass., Harmony
Grove Cemetery; Hayes Engineering, Inc.; Scale: 1" = 20',
November 2, 2009 (1 sheet).
1
1
' PROJECT NARRATIVE
LEAF STORAGE AREA
HARMONY GROVE CEMETERY
SALEM, MASSACHUSETTS
' October 29, 2009
This Notice of Intent is being submitted in response to the issuance of a "Notice of Non-
Compliance" on September 23, 2009 by the Department of Environmental Protection for
unauthorized vegetation cutting, grading and landscape waste disposal (see attached
document). The general area of disturbance, herein referred to as "leaf storage area", is
located along Harmony Grove Road, and is within the 200-foot Riverfront and Bordering Land
subject to Flooding (BLSF) resource areas associated with the North River. Existing conditions
are shown on the November 2, 2009 Hayes Engineering, Inc. plan titled "Plan to accompany
' Notice of Intent in Salem, Mass.". Proposed actions are described in the paragraphs below.
Leaf Storage Area
As noted above, the on-going leaf deposition is located within Riverfront area and BLSF. The
majority of the disturbed area has historically been used for storing piles of leaves, and other
organic materials as part of cemetery landscape maintenance operations. In consideration of
the historical nature of this disturbance, the impacted wetland resource areas are considered to
have been in a previously disturbed condition. Impacts upon the wetland resource areas from
the leaf and mulch storage operation are minor, since the deposited materials is has been
historically present and is permeable in character. As such, the applicant is seeking to obtain a
permit for continuing leaf storage operations in the current location in order to accommodate
Cemetery maintenance needs.
Plantings along the Property Line at Harmony Grove Road
' Vegetation along the portion of the Cemetery located along Harmony Grove Road has been cut
in a clean-up operation by the landscape personnnel. The applicant proposes to remove
landscape and debris materials and plant vegetation (sweet pepperbush and a grass /
wildflower conservation mix) within the location depicted on the Notice of Intent plan. This
activity will occur within the resource areas, but have a minor impact.
1
oo7ts
COMMONWEALTHOF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
' NORTHEAST REGIONAL OFFICE
205B Lowell Street,Wilmington; MA 01887 •' (978) 694-3200
DEVAL L.PATRICK
Govemor ! IAN A BOWLES
Secretary
TIMOTHY P.MURRAY
' Lieutenant Governor _ LAURIE:BURT
Commissioner
September 23, 2009
' Mr. Jonathon Reardon
Harmony Grove Cemetery
30 Grove Street
Salem, MA 01970
t RE: Harmony Grove Cemetery, Salem
NON-NE-09-6W018
' NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Department of Environmental Protection'(MmsDEP)personnel have knowledge and/or have observed that
your site/facility is in noncompliance with the Massachusetts Wetlands Protection Act,MGL c.131, §§ 40,
and the Wetlands Regulations of Massachusetts, 310 CMR 10.`00.
' Attached hereto is a written description of(1) each activity referred to above, (2) the requirements violated,
(3) the action MassDEP now wants you to take and (4)the deadline for taking such:action.
' If you fail to take any action MassDEP now wants you to take-by the prescribed deadline,or if you
otherwise fail to remain in conlplilinceJn-the future with requirements applicable to:you, you could be
subject to legal action, including,but not limited to, criminal prosecution, court-imposed civil penalties, or
' civil administrative penalties assessed by MassDEP. A civil administrative penalty may be assessed for
every day from now on that you are in noncompliance with the requirements referred to above in a
cooperative and timely manner.
' If you have any questions concerning this:matter,please contact Wayne Lozzi at(978)1694-3256.
V%co'y
s,
' Deputy Regional Director
This Information Is available in alternate format Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDDN866-539-7622 or 617474-6868.
_ http://www,mass.gov/dep•Fax(978)694-3499
' Printed on Recycled Paper
1 Page 2
NON-NE-09-6W018 -
ACTION TO BE TAKEN,AND THE DEADLINE FOR TAKING SUCH ACTION:
' In order for you to return to and remain in compliance with the Department's Wetlands Regulations:;
1) Immediately cease and desist cutting of vegetation in wetland resource areas and disposing of
' landscape waste from operations onsite info any wetland resource area until you receive proper WPA
authorization.
' 2) Within 60 days of your receiptof this Notice, submit to the Salem Conservation Commission and
MassDEP a Notice of Intent describing the processes and procedures you will use to properly remove,
reuse and/or dispose of waste/debris removed from operations performed within resource areas and how
the areas will be restored. Accompanying the application you should include a surveyed plan that
delineates and clearly identifies the resource areas onsite.
' 3)All actions taken pursuant to this section shall be undertaken in accordance with the requirements and
provisions of applicable federal, state and local laws,regulations and/or approvals.
' Any questions about this Notice or communications required herein should be directed to Wayne Lozzi at
978-694-3256.
I ' For the MassDE
Date:
' Eric W
Deputy,Monal Director,Department of Environmental Protection
Northeast Regional Office
'. 205B Lowell Street.
Wilmington, MA 01887
1
1
' NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NON-NE-09-6W018
NAME OF ENTITY IN NONCOMPLIANCE:
' Harmony Grove Cemetery, (hereinafter referred to as "you" or"your")
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS LAST OBSERVED'.
In the southern most portion of the cemetery,along the Harmony Grove Avenue area of the cemetery within
the 100-Floodplain and Riverfront of the North River in Salem.
' DATE WHEN NONCOMPLIANCE OCCURRED OR WAS LAST OBSERVED:
July 2,7, 2009
' DESCRIPTION OF NONCOMPLIANCE:
In response to a complaint, Department staff visited the Site on July 27, 2009, and observed that activities
had been performed on the Site within Riverfront Area ("RA") to the North River'and Bordering Land
' Subject to Flooding("BLSF"), both of which are wetland resource areas protected by M;G.L. c. 131, § 40,
Wetlands Protection Act ("WPA") and the Wetlands Regulations at 310 CMR 10.00(the "WPA
Regulations") at 310 CMR 10.57 and 10.58..
DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH:
These activities consisted of the dumping and disposing of debris and landscape waste from cemetery
' operations in the RA and BLSF. The debris and landscape waste consisted of leaves, grass, soils and
other wood products. Also, grading of the area from heavy equipment caused disturbance of vegetation
both in the RA and BLSF.
4. The following facts have led the Department to issue this Notice of Noncompliance:
' A. In response to a complaint, Department staff visited the Site on July 27, 2009; and observed that
activities had been performed on the Site within.RA to the.North River and BLSF.
B. Work was performed without the filing of a WPA-Notice of Intent("NOP') or Request for
Determination of Applicability('"A'-)or receiving anOrderof Oonditions;:Determination;of.
Applicability, or an Emergency Certification as required by the WPA and the WPA regulations.
' C. The activities performed on the Site have altered, impaired, and had an adverse effect on BLSF
and RA on the site, causing damage to the interests of the WPA, specifically; those of flood
' control, storm damage prevention, protection of groundwater supply, fisheries, prevention of:
pollution, and protection of wildlife habitat.
D. By failing to file a NOI arid/or RDA or receive an Order of Conditions, Determination of
Applicability and/or an Emergency Certification and by altering or otherwise impairing BLSF and
RA, you have violated, and continue tor violate, the WPA and the WPA Regulations, specifically
' the provisions of 310 CMR 10.02(2)(a) and (b); 310 CMR 10.05(4)(a); 310 CMR 10.05(6)(k)(7);
310 CMR 10.57(4)(4); and 310 CMR 10.58(4)(c.) and (d).
x
E
JA
i
603 Salem Street Nantucket, MA 02554 Iv` `1 C7EVECCir fJIENT
Wakefield, MA 01880 Tel: (508)228-7909 COMMUNITY DEVELOPMENT
Tel: (781) 246-2800 SAL-0070
Hayes Engineering, Inc. Fax: (781)246-7596 Refer to File#
January 12, 2010
Mr. Wayne Lozzi
DEP— NERO
2058 Lowell Street
Wilmington, MA 01887
RE: Harmony Grove Cemetery, Salem, MA
NON-NE-09-6W018
Dear Wayne:
Accompanying this letter, please find the Alternatives Analysis for the activity in the Riverfront Area,
and an alternative plan for the composting in that area.
Subsequent to our meeting on the Harmony Grove Cemetery composting activities within the
Riverfront Area, I have had an opportunity to talk with my clients about the area that they need for
the activity, and also how it could be assured that the activity would be limited to the approved area.
What we discussed was acceptable to them in concept, but they feel they need a much greater area
to turn over and compost the leaves. What-they are requesting-ii-thatthey-be-allowed.to compost im
the=outermost 50 feet-of the outer.riparian zone;along the dirt road for a-distance of approximately
320 feet;fora_total area of approximately-16,000 square feet.-(Note that their landscaper felt that a
14,400 square-foot area would be ideal for the purpose.) They have agreed that they will enclose
the area with a 3-foot high, 2-inch vinyl-clad mesh fence hung on 4"x4"wooden posts.
I=have also reduced the.amount of-planting:to_what l-believe is the'single area where"the vegetation
,was-really-removed-in'theRiverfront7Ar a4o the existing 6-foot chain link fence: We still plan to
seed the previously-disturbed area with grass/wildflower seed mix, and will remove the debris and
revegetate and seed other disturbed areas in the Riverfront west of the leaf-dump site.
I apologize for not getting this information to you sooner, but have been backed up a little with the
holidays. I would appreciate it if we could discuss this alternative plan before our hearing with the
Conservation Commission on January 14, 2010.
Very truly yours,
Peter J. Ogren, P.E., P.L.S.
President
PJO/dab
Enclosures
cc: Attorney Francis Mayo
,Conservation Commission
ALTERNATIVES ANALYSIS
FOR RIVERFRONT AREA ACTIVITIES
HARMONY GROVE CEMETERY
SALEM, MASSACHUSETTS
January 12, 2010
The following Alternatives Analysis is provided in response to the requirements of the Notice of Non-
Compliance received by the Harmony Grove Cemetery in September of 2009. While it is the belief
of the Harmony Grove Cemetery Trustees that the activities_which_have been ongoing.in the,
tRiverfront Area,for.at_least 40 years,are.exempt under,Section 6 ofthe-Rivers Protection Act, and,
furtherado not in-any-way adverse,ly,impact the,Riverfront.Area,.the-following is-provided
;thern
::alteatives_to those_activities.�
The activities in question consist of the dumping and composting of leaves along an internal
driveway in the outer riparian zone of the Riverfront Area. The Trustees have provided affidavits
from two Harmony Grove Trustees, Henry P. Phippen and Tim Ingraham, which document the
composting activities in this area since prior to the adoption of the Massachusetts Rivers Protection
Act and, in addition, a statement from Landcare, Inc., whose association with the cemetery has been
since 1974 (see attached). In accordance with the requirements of the Notice of Non-Compliance,
the cemetery has provided the required topographic plan and Notice of Intent application, and has
been asked to explore alternatives to this activity.
The alternatives considered are as follows:
1. (Alternative-sites within_the subject property-for-leaf-composting"
2. 4Trucking-leaves-off-site_for disposal.
These two alternatives were discussed at a meeting with Margie Lavender, Administrator, Attorney
Francis Mayo, and Jonathan Reardon, Chairman and Present of the Harmony Grove Cemetery. It
was concluded by a review of the topography and current utilization of the Harmony Grove
Cemetery property that aa=alternative_sitefor;leaf,composting does not exist. This is because most
of the Cemetery property is developed with grave sites and does not lend itself to a leaf-composting
operation. Conversely, the area in question is of low topography, not suitable for grave sites, and
has never been intended as a burial area. It, consequently, can be used for the composting of
leaves, with the obvious benefit that the compost can then be used for cemetery landscaping
operations, as has been done in the past.
The alternative of trucking leaves off site was also discussed, and an estimate received from the
landscaping company in charge of leave removal from the Cemetery grave sites. Estimates were
that removal would cost between $3,000 and $3,500.00, a considerable--expense-to the Cemetery,
and, of course, the Cemetery would not have the benefit of the leaf-composting operation to use in
its general landscaping efforts (see attached letter from Margie K. Lavender, Administrator).
It is, consequently, our conclusion that the continued-composting-of leaf and-landscape-materials-int
the riparian zone-of the Riverfront Area is the only viable alternative, and also posses no
adverse impact to any interests of the Rivers Protection Act.
To Whom It May Concern:
My name is Henry P. Phippen. I have been a trustee of the Harmony Grove
Cemetery since 1987. 1 have been involved in most all aspects of the Cemetery
operations, from Buildings and Grounds Committee member to Treasurer to
Chairman of the Board of Trustees. In my 20 plus years of service, I can attest to
the fact that the leaf composting site has always been in its current location. In
addition, there is no other such site on the Cemetery property that is, in my
opinion, suitable for this purpose. Furthermore, the trustees will never develop
the composting area for burial plots of any type.
I thank you for your time.
Sincerely,
Henry P. Phippen
95 Preston Place
Beverly, MA 01915
Print
Subject Re: HELPIIII
From: <TAltrees@aol.com>
Sent: Jan 7, 2010 10:37:12 PM
To: harmonygrove@verizon.net
Hi Margie,
I'm likely the short-termer of the Trustees you are polling but even prior to joining the Board, I recall coming to Harmony
Grove to visit various family grave sites. A tour of the cemetery and recounting of family ties to its establishment were
common fare on these occasions and covers at least the last 50 years. Then, and since joining the Board, I recall the
lower portion of the grounds were reserved for the processing and treatment of materials generated through landscape
maintainance activities. This area does not lend itself to gravesites and has served admirably as a composting and
filtering area for the cemetery's
higher ground. No other part of the grounds offers a more desirable site for these functions.
Hope this brief personal memory proves useful...Tim Ingraham
Harmony Grove Cemetery
30 Grove Street, Salem, Massachusetts 01970
Telephone (978) 744-0554
Fax (978) 745-9876
Officers:
Jonathan A.Reardon,
Chairman&President ,.W4 4 10(o
Racket Shreve, -
Vice-President Mr. Peter Ogren
William Phippen, Hayes Engineering Inc.
Vice-President 603 Salem Street
Albert Goodhue,III
rasurerWakefield, MA 01880
R.Angus West,
Secretary
Board of Trustees: Dear Peter:
Daniel Finemore
Timothy A. Ingrahamranam I spoke with our landscaping company last week after our meeting
Jack Lawrence here. He estimates Harmon Grove Cemetery has approximately 200 cubic
Henry P.Phippen Y Y Pp Y
Katharine Pickering yards of leaves per year. He also estimates the cost of trucking leaves off-site
Rebecca Putnam for disposal would cost around $3,000 to $3,500. He thinks an area 120 x 120
Katherine van Dyke would be more sufficient/efficient. However, we will have to work with
Paul R. Willis '
whatever the DEP allows. He feels there is not another accessible or
acceptable area in the cemetery for leaf composting in his professional view.
His knowledge stems from having worked in the cemetery since a teenager
and also as the owner of Landcare, Inc., the firm who has maintained our
cemetery since early 1997.
I have attached his letter regarding his knowledge of the history of the
leaf composting area. Hope it helps. Any questions,please give me a call.
Thanks for all your help.
Sincerely,
Mar 'e . Lavender
Administrator
Cc: Fran Mayo
° LAN DCA RE INC.
P.O. Box 366 Wenham, MA 01984-0766
(978) 468-4721 •(978) 526-1874
Harmony Grove Cemetery
30 Grove Street
Salem, MA 01970
12 December 2009
To Margie and Jonathan and all those concerned:
Recently the cemetery was ordered to stop dumping leaves down at the leaf dump area.
I was very surprised by this development as the cemetery has been dumping in the leaf
area for decades. Nothing but leaves ends up in the leaf drop area. I have been associated
with the cemetery on and off since 1974. That is a span of almost forty years. The
cemetery has always used the lower leaf dump to dispose of the leaves. The leaves were
dumped and then spread out by machine with the end result being beautiful black soil. If
you need more information or need me to present this information at a future meeting I
would be glad to do so.
All the best!........Jack
Jack Sweeney, President
LANDCARE, INC.
e
t'
f
f
i{ .t
t
MEMORANDUM
TO: SALEM CONSERVATION COMMISSION
FROM: Francis Mayo,Attorney for HARMONY GROVE CEMETARY
RE: HARMONY GROVE CEMETARY, NOTICE OF INTENT,DEP#64-495
Dated: April 8, 2010
1. BRIEF STATEMENT OF FACTS AND PROCEDURAL HISTORY
Harmony Grove Cemetery (hereinafter"Harmony") is a duly-established charitable
corporation approved by both the Massachusetts Department of Revenue and the Internal
Revenue Service.
For a period in excess of 50 years, Harmony has composted leaves from its 100
acre site partially within 200 feet of that portion of the North Rived which is located in
a southerly direction, across Harmony Grove Road, from Harmony's central facility.
The compost of leaves is a 100% organic activity and is an integral part of the
Cemetery's operation, providing topsoil for Harmony's extensive landscaping
activities.
On September 23, 2009 Harmony was issued a"Notice of Noncompliance"
by the D.E.P., which claimed that Harmony's activities within 200' of the North River
required a N.O.I.
On January 14, January 28 and March 11, 2010 Harmony appeared before the Salem
Conservation Commission.
On January 27, 2010 Harmony met informally with Carey Duques to review its proposal.
This meeting resulted in the creation of a new plan, removing its composting activity com-
pletely out of the 100 year flood zone and 150 feet away from the river resource area.
A further informal meeting with Ms. Duques and Mr. Pabich was held on March 31,
2010.
II. DISCUSSION OF LAW AND REGULATIONS
310 CMR 10.03(5) provides as follows: "Presumption of Significance. Each Area
Subject to Protection Under M.G.L. c. 131, sec. 4.0 is presumed to be significant to one or
more of the interests identified in M.G.L. c. 131, sec. 4.0. These presumptions are rebuttable and
are set forth in 310 CMR 10.21 through 10.60.
`For riverfront areas, the issuing authority may find that the presumptions of significance
are partially rebutted as provided in 310 CMR 10.58(3)."
Section 310 CMR 10.58(3)provides an exemption from the requirements of the River-
front Act where an applicant is able to overcome presumption of significance "by a clear show-
ing that the riverfront area does not play a role in the protection of one or more of these
interests."
While the applicant does in fact believe this to be the case, it has focused its argument
here on the less stringent option contained within 10.58(4): "(4) General Performance
Standard, a copy of which is attached as Exhibit A. The opening sentence of the section states:
" Where the presumption set forth in 310 CMR 10.58(3) is not overcome, the applicant shall
prove by a preponderance of the evidence that there are no practicable and substantially equiv-
alent economic alternatives to the proposed project with less adverse effects on the interests
identified in M.G.L. c. 131 sec. 40 and that the work, including proposed mitigation, will have
no significant adverse impact on the riverfront area to protect the interests identified in M.G.L.
l
-3-
c. 131 sec. 40.
These general performance standards provide at 10.58(4)(d) that"The work, including
proposed mitigation measures, must have no significant adverse impact on the riverfront area
to protect the interests identified in M.G.L. c. 131, sec. 40."
Elsewhere in the Code (10.04), with somewhat circular reasoning, the term "significant"
is defined as follows: "Si nificant means plays a role. A resource area is significant to an
interest identified in M.G.L. c. 131, sec. 40 when it plays a role in the provision or protection,
as appropriate, of that interest. Within the context of the protection of the riverfront area, no
significant adverse impact means the level of protection of the performance standards provided
under 310 CMR 10.58."
In light of these standards, what follows is an analysis of each of the stated purposes of the
Act, and the impact of the proposed leaf decomposition.
1. Protection of Public and Private Water Supply
The terms "public water supply" and "private water supply" are defined in 310 CMR
10.04. Neither definition is applicable to this case. The City of Salem's public water supply
comes from the Ipswich River and reservoirs located in Wenham Lake, Putnamville and
Longham, before being treated at a filtration plant located in Beverly. No private water supply
is impacted by the applicant's composting activities.
Neither public nor private water supplies are affected by Harmony's composting of
leaves.
2. Protection of Ground Water Supply
-4-
Insofar as Harmony's composting activity builds soil, rather than detracts from it, its
activity prevents run-off and contributes to ground water protection.
To the extent that any run-off from the site is ultimately absorbed by the North River,
in the vicinity of the site the river is tidal and discharges daily into the ocean.
3. Flood control
Harmony's proposal before the Commission has relocated 100% of its composting out
of the 100 year flood zone. The very nature of the proposed use, as well as the actual use of
nearly 100% of its grounds, contributes to the retention of water in a natural mitigation of
flooding.
4. Storm damage revention
As with the issues of ground water and flooding, Harmony's compost acts in favor, not
in detriment, of storm damage because it retards run-off. The proposed composting is located
in less than 5% of the riverfront area, leaving the full 200 feet intact for the entire remainder of
the premises, a corridor of natural, undeveloped land unmatched elsewhere on the river for its
entire length.
5. Prevention of Pollution
As stated elsewhere, Harmony's composting activities are 100% organic. They serve the
express purposes of the Rivers Act not only by cleansing runoff to the river, but from the
river.
6. Protection of Land Containing Shellfish
There are no shellfish interests that can be affected by Harmony's composting of leaves.
-5-
See letter of Sgt. Gifford, shellfish warden, attached hereto as Exhibit B.
7. Protection of Fisheries
For the reasons stated in Sgt. Gifford's aforementioned letter, any concentration of
nutrients released during the composting of leaves is negligible to any fisheries' interest.
8. Protection of Wildlife Habitat
The primary wildlife interests involved within the Applicant's riverfront area is birdlife,
which is completely unaffected by the continuation of leaf decomposition.
III. CONCLUSION
For the above cited reasons, Harmony Grove Cemetery respectfully requests that an
Order of Conditions issue for leaf decomposition, as set forth on the plan dated April 8, 2010.
HARMONY GROVE CEMETERY
By its Attorney:
FRANCIS T. MAYO
265 Essex Street— Suite 301
Salem, MA 01970
(978) 744-1148
EXHIBIT
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
(4) General Performance Standard. Where the presumption set forth in 310 CMR 10.58(3)is
not overcome,the applicant shall prove- y Ta prepon erance o the evidence t at i ere are no
rac Ica e and substantially equivalent economic alternatives to the proposed project with less
adverse effects on the interests identified in M.G.L. c.131 § 40 and that the work, including
proposed mitigation,will have no significant adverse impact on the riverfront area to protect the
interests identified in MIG.L. c. 131 § 40. In the event that the presumption is partially
overcome,the issuing authority shall make a written determination setting forth its grounds in
the Order of Conditions and the partial rebuttal shall be taken into account in the application of
310 CMR 10.58(4)(d)La.and c.;the issuing authority shall impose conditions in the Order that
contribute to the protection of interests for which the riverfront area is significant.
(a) Protection of Other Resource Areas. The work shall meet the performance standards
total]other resource areas within the riverfront area,as identified in 310 CMR 10.30(coastal
bank), 10.32(salt marsh), 10.55(Bordering Vegetated Wetland),and 10.57(Land Subject
to Flooding). When work in the riverfront area is also within the buffer zone to another
resource area, the performance standards for the riverfront area shall contribute to the
protection of the interests of M.G.L.c. 131,§40 in lieu of any additional requirements that
might otherwise be imposed on work in the buffer zone within the riverfront area.
(b) Protection of Rare Species. No project may be permitted within the riverfront area
which will have any adverse effect on specified habitat sites of rare wetland or upland,
vertebrate or invertebrate species,as identified by the procedures established under 310 CMR
10.59.or 1037,or which will have any adverse effect on vernal pool habitat certified prior
to the filing of the Notice of Intent.
(c) Practicable and Substantially Equivalent Economic Alternatives. There must be no -
practicable and substantially equivalent economic alternative to the proposed project with
less adverse effects on the interests identified in M.G.L.c. 131 §40.
1. Definition of Practicable.An alternative is practicable and substantially equivalent
economically if it is available and capable of being done after taking into consideration
costs, existing technology, proposed use, and logistics, in light of overall project
purposes.Available and capable of being done means the alternative is obtainable and
feasible. Project purposes shall be defined generally (e.g., single family home,
residential subdivision, expansion of a commercial development). The alternatives
analysis may reduce the scale of the activity or the number of lots available for
development, consistent with.the project purpose and proposed use. The alternatives
analysis shall not include interior design specifications(i.e.,neither the proposed use or
project purpose in the Notice of Intent nor the Order of Conditions should specify the
number of rooms,bedrooms,etc.within a building).Transactions shall not be arranged
to circumvent the intent of alternatives analysis review.The four factors to be considered
are:
Wetland Regulations—June 2009 Page 99
L
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
t a. Costs, and whether such costs are reasonable or prohibitive to the owner. The
I owner means the individual or entity which owns the area where the activity will
occur or which will implement the project purpose. Cost includes expenditures for
a project within the riverfront area,such as land acquisition,site preparation,design,
construction, landscaping and transaction expenses. Cost does not include
anticipated profits after the project purpose is achieved or expenditures to achieve the
project purpose prior to receiving an Order with the exception of land acquisition
costs incurred prior to August 7, 1996. In taking costs into account, the issuing
authority shall be guided by these principles:
i. The cost of an alternative must be reasonable for the project purpose, and
cannot be prohibitive.
ii. Higher or lower costs taken alone will not determine whether an alternative
is practicable. An alternative for proposed work in the riverfront area must be a
practicable and substantially equivalent economic alternative(i.e.,will achieve
the proposed use and project purpose from an economic perspective).
iii. In considering the costs to the owner, the evaluation should focus on the
financial capability reasonably expected from the type ofowner(e.g.,individual
homeowner,residential developer, small business owner, large commercial or
industrial developer)ratherthan the personal or corporate financial status ofthat
particular owner. Applicants should not submit,nor should issuing authorities
request,financial information of a confidential nature,such as income tax records
or bank statements.
iv. Issuing authorities may require documentation of costs,but may also base
their determinations on descriptions of alternatives, knowledge of alternative
sites, information provided by qualified professionals, comparisons to costs
normally associated with similar projects,or other evidence.Any documentation
of costs should be limited to that required for a determination of whether the
costs are reasonable or prohibitive.
It. Existing technology,which includes best available measures(i.e.,the most up-to
'i date technology or the best designs,measures,or engineering practices that have been
developed and are commercially available);
c. The proposed use. "Penis term is related to the concept of project purpose.In the
context of typical single family homes,the project purpose(construction of single
family house)and proposed use(family home)are virtually identical. In the context
of projects where the purpose implies a business component, such as residential
subdivision,commercial,and industrial projects,the proposed use typically requires
economic viability. Practicable and substantially equivalent economic alternatives
include alternatives which are economically viable for the proposed use from the
perspective of site location,project configuration within a site,and the scope of the
project. In the context of publically financed projects,the proposed use includes
consideration of legitimate governmental purposes (e.g., protection of health and
safety,providing economic development opportunities,or similiarpublic purposes.);
and
d. Logistics. Logistics refers to the presence or absence of physical or legal
constraints. Physical characteristics of a site may influence its development Legal
barriers include circumstances where a project cannot meet other applicable
requirements to obtain the necessary permits at an alternative site. An alternative site
is not practicable if speciallegislation or changes to municipal zoning would be
required to achieve the proposed use or project purpose. An alternative is not
practicable if the applicant is unable to obtain the consent of the owner of an
alternative site for access for the purpose ofobtaining the information required by the
Notice of Intent or of allowing the issuing authority to conduct a site visit.
2. Scope of Alternatives. The scope of alternatives under consideration shall be
commensurate with the type and size of the project. The issuing authority shall presume
that alternatives beyond the scope described below are not practicable and therefore need
not be considered. The issuing authority or another party may overcome the presumption
by demonstrating the practicability of a wider range of alternatives,based on cost,and
whether the cost is reasonable or prohibitive to the owner;existing technology;proposed
'1 use; and logistics in light of the overall project purpose. ,
Wetland Regulations—June 2009 Page 101
I . .
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
a. The area under consideration for practicable alternatives is limited to the lot for
I activities associated with the construction or expansion of a single family house on
a lot recorded on or before August 1, 1996.
b. The area under consideration for practicable alternatives is limited to the lot,the
subdivided lots and any adjacent lots formerly or presently owned by the same owner
for:
i. activities associated with the construction or expansion of a single family
house on a lot recorded after August 1, 1996;
ii. any expansion of an existing structure,including enlargement of the footprint
of any structure or the addition of associated structures for single family homes
(e.g.,a garage)on lots recorded after August 1, 1996;
iii. any activity other than the construction or expansion of a single family house
where the applicant owned the lot before August 7, 1996,including the creation
of a real estate subdivision but excluding public projects,and the applicant will
implement the project purpose; -
iv. new agriculture oraquaculture projects;
v. any activity by a public entity when funds for the purchase of the site for the
project purpose have been appropriated through action of the appropriate
municipal board or state agency prior to the August 7, 1996;or
vi, any lot shown on a definitive subdivision plan approved under M.G.L.c.41,
§§81K to 81 GG,provided there is a recorded deed restriction limiting the total
alteration to 5000 square feet or 10%,whichever is greater,of the riverfront area
allocated to the lots within the entire subdivision.
c. Except as allowed under 310 CMR 10.58(4)(c)2.b.,the area under consideration
for practicable alternatives extends to the original parcel and the subdivided parcels,
any adjacent parcels,and any other land which can reasonably be obtained within the
municipality for:
i. activities associated with residential subdivision or housing complexes,
institutional,industrial,,,or commercial projects;or _
') ii. activities conducted by municipal government.
For adjacent lots,reasowtably be obtained means to purchase at market prices if
otherwise practicable,as documented by offers(and any responses). For other land,
reasonably be obtained mems adequate in size to accommodate the project purpose
and listed for sale within appropriately zoned areas,at the time of filing a Request for
.. Determination or Notice of Intent,within the municipality.
d. Alternatives extend to any sites which can reasonably be obtained within the
appropriate region of the state for:
i. residential, institutional, commercial, or industrial activities required to
evaluate off-site alternatives in more than one municipality in an Environmental
Impact Report under M_G.L.c.30,§§61 through 62H,or an alternatives analysis
conducted by the Corps of Engineers for a Section 404 permit under the federal
Clean Water Act, 33 U.S.C. 1251 et seq., and used for 401 Water Quality
Certification under 314 CMR 9.00;or
ii. activities conducted by district,county,state or federal government entities.
The area to be considered is the service area within the governmental unit
boundary or jurisdictional authority, or the municipality if there is no defined
service area,consistent with the project purpose.
3. Evaluation of Alternatives. The applicant shall demonstrate that there are no
practicable and substantially equivalent economic alternatives as defined in 310 CMR
10.58(4)(c)l., within the scope of alternatives as set forth in 310 CMR 10.58(4)(c)2.,
with less adverse effects on the interests identified in M.G.L.c. 131 §40. The applicant
shall submit information to describe sites and the work both for the proposed location
and alternative site locations and configurations sufficient for a determination by the
issuing authority under 310 CMIR 10.58(4)(d). The level of detail of information shall
be commensurate with the scope of the project and the practicability of alternatives.
Where an applicant identifies an alternative which can be summarily demonstrated to be
not practicable,an evaluation is not required.
Wetland Regulations—June 2009 Page 102
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
The purpose of evaluating project alternatives is to locate activities so that impacts
to the riverfront area are avoided to the extent practicable. Projects within the scope of
alternatives must be evaluated to determine whether any are practicable. As much of a
project as feasible shall be sited outside the riverfront area. If siting of a project entirely,
outside the riverfront area is not practicable,the alternatives shall be evaluated to locate
the project as far as possible from the river.
The issuing authority shall not require alternatives which result in greater or
substantially equivalent adverse impacts. If an alternative would result in no identifiable
difference in impact,the issuing authority shall eliminate the alternative. If there would
be no less adverse effects on the interests identified in M.G.L.c. 131,§40,the proposed
project rather than apracticable alternative shall be allowed,but the criteria in 310 CMR
10.58(4)(d)for determining no significant adverse impact must still be met. If there is
a practicable and substantially equivalent economic alternative with less adverse effects,
the proposed work shall be denied and the applicant may either withdraw the Notice of
Intent or receive an Order of Conditions for the alternative, provided the applicant
submitted sufficient information on the alternative in the Notice of Intent.
(d) No Significant Adverse Impact. The work,including proposed mitigation measures,
must have no significant adverse impact on the riverfront area to protect the interests
identified in M.G.L.c. 131,§40.
1. Within 200 foot riverfront areas,the issuing authority may allow the alteration of up
to 5000 square feet or 10%of the riverfront area within the lot,whichever is greater,on
a lot recorded on or before October6,1997 or lots recorded after October 6,1997 subject -
to the restrictions of 310 CMR 10-58(4)(c)2.b.vi., or up to 10%of the riverfront area
within a lot recorded after October 6, 1997,provided that:
a. At a minimum,a 100 foot wide area of undisturbed vegetation is provided. This
area shall extend from mean annual high-water along the river unless another location
would better protect the interests identified in M.G.L.c. 131 §40. If there is not a
100 foot wide area of undisturbed vegetation within the riverfront area, existing
vegetative cover shall be preserved or extended to the maximum extent feasible to
} approximate a 100 foot wide corridor of natural vegetation. Replication and
compensatory storage required to meet other resource area performance standards are
allowed within this area; structural stonnwater management measures may be
allowed only when there is no practicable alternative. Temporary impacts where
necessary for installation of linear site-related utilities are allowed,provided the area
is restored to its natural conditions. Proposed work which does not meet the
requirement of 310 CMR 10.58(4)(d)l.a. may be allowed only if an applicant
demonstrates by a preponderance of evidence from a competent source that an area
of undisturbed vegetation with an overall average width of 100 feet will provide
equivalent protection of the riverfront area, or that a partial rebuttal of the
presumptions of significance is sufficient to justify a lesser area of undisturbed
vegetation;
b. Stormwater is managed according to standards established by the Department in
its Stonnwater Policy.
c. Proposed work does not impair the capacity of the riverfront area to provide
important wildlife habitat functions. Work shall not result in an impairment of the
capacity to provide vernal pool habitat identified by evidence from a competent
source,but not yet certified. For work within an undeveloped riverfront area which
exceeds 5,000 square feet, the issuing authority may require a wildlife habitat
evaluation study under 310 CMR 10.60.
d. Proposed work shall not impair groundwater or surface water quality by
incorporating erosion and sedimentation controls and other measures to attenuate
nonpoint source pollution.
Thecalculationof square footage of alteration shall exclude areas of replication or
compensatory flood storage required to meet performance standards for other resource
areas,or any area of restoration within the riverfront area. The calculation also shall
exclude areas used for structural stormwater management measures,provided there is no
practicable alternative to siting these structures within the riverfront area and provided
a wildlife corridor is maintained(e.g.detention basins shall not be fenced).
I 2. Within 25 foot riverfrontareas,any proposed work shall cause no significant adverse
impact by:
Wetland Regulations—June 2009 Page 103
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
a. Limiting alteration to the maximum extent feasible,and at a minimum,preserving
or establishing a corridor of undisturbed vegetation of a maximum feasible width.
Replication and compensatory storage required to meet other resource area
performance standards are allowed within this area; structural stormwater
management measures shall be allowed only when there is no practicable alternative;
b. Providing stormwater management according to standards established by the
Department;
c. Preserving the capacity ofthe riverfront area to provide important wildlife habitat
functions. Work shall not result in an impairment of the capacity to provide vernal
pool habitat when identified by evidence from a competent source but not yet
certified;and
d. Proposed work shall not impair groundwater or surface water quality by
incorporating erosion and sedimentation controls and other measures to attenuate
nonpoint source pollution.
3. Notwithstandingthe provisions of310 CMR10.58(4)(d)l.or2.,the issuing authority
shall allow the construction of a single family house, a septic system if no sewer is
available, and a driveway, on a lot recorded before August 7, 1996 where the size or
shape of the lot within the riverfront area prevents the construction from meeting the
requirements of 310 CMR 10.58(4)(d)l.or 2.,provided that:
a. The lot can be developed for such purposes under the applicable provisions of
other municipal and state law;and
b. The performance standards of 310 CMR 10.58(4)(d)are met to the maximum
extent feasible. In difficult siting situations,the maximum extent of yards around
houses should be limited to the area necessary for construction. Except where the lot
contains vernal pool habitat or specified habitat sites ofrare species,awildlife habitat
evaluation study shall not be required.
4. Notwithstanding the provisions of310 CMR 10.58(4)(d)l.or 2.,the issuing authority
may allow the construction of a commercial structure of minimum feasible dimension,
on a lot recorded before August 7, 1996 where the size or shape of the lot within the
riverfront area prevents the construction from meeting the requirements of 310 CMR
10.58(4)(d)1.or 2.,only if:
a. The lot can be developed for such purposes and cannot be developed for any other
purposes under the applicable provisions of other municipal and state law;
b. The work is not eligible for 310 CMR 10.58(5);and
c. The performance standards of 310 CMR 10.58(4)(d)1. or 2. are met to the
maximum extent feasible.
(5) Redevelopment Within Previously Developed Riverfront Areas,Restoration and Mitigation_
Notwithstanding the provisions of310 CMR 10.58(4)(c)and(d),the issuing authority may allow
work to redevelop a previously developed riverfront area,provided the proposed work improves
existing conditions. Redevelopment means replacement,rehabilitation or expansion of existing
structures,improvement of existing roads,or reuse of degraded or previously developed areas_
A previously developed riverGont area contains areas degraded prior to August 7, 1996 by
impervious surfaces from existing structures or pavement, absence of topsoil,junkyards, or
abandoned dumping grounds. Work to redevelop previously developed riverfront areas shall:
conform to the following criteria:
(a) At a minimum,proposed work shall result in an improvement over existing conditions
of the capacity of the riverfront area to protect the interests identified in M.G.L.c. 131 §40�
When a lot is previously developed but no portion of the riverfront area is degraded, the
requirements of 310 CMR 10.58(4)shall be met.
(b) Stormwater management is provided according to standards established by the
Department.
(c) Within 200 foot riverfront areas,proposed work shall not be located closer to the river
than existing conditions or 100 feet,whichever is less,or not closer than existing conditions
within 25 foot riverfront areas,except in accordance with 310 CMR 10.58(5)(f)or(g).
(d) Proposed work,including expansion of existing structures,shall be located outside the
riverfront area or toward the riverfront area boundary and away from the river, except in
accordance with 310 CMR 10.58(5)(f)or(g).
(e) The area of proposed work shall not exceed the amount of degraded area,provided that
the proposed work may alter up to 10%if the degraded area is less than 10%of the riverfront
area,except in accordance with 310 CMR 10.58(5)(0 or(g).
Wetland Regulations—June 2009 Page 104
e
SAL-0070
March 25, 2010
i
Conservation Commission
120 Washington Street
Salem, MA 01970
RE: Recent Correspondence from David Pabich
Harmony Grove Cemetery
Dear Commissioners,
We are in receipt of a letter from Chairman Pabich raising some issues relative to the proposed
composting operation in the Riverfront Area, for which we have requested a Conservation
Commission Order of Conditions. The letter appears to raise two issues. The first issue is as to
weather or not the leaf-composting operation will result in harm to the resource area or the Interests
of the Act. Each of those Interests is discussed, as follows:
1. Protection of Public and Private Water Supply
The proposed leaf-composting area is not tributary to a public or private water supply and, in
fact, is tributary to a tidal portion of the North River (see attached letter from the City of
Salem Harbormaster, dated 3/19/2010).
2. The Protection of Groundwater Supply
It is not believed that the proposed leaf-composting area will interfere with groundwater
supply as the bulk of the groundwater supply in this area is runoff from the adjoining hills,
much of which is composed of ledge at or near the surface.
3. Protection of Land Containing Shellfish
The proposed leaf-composting area is not tributary to any land containing shellfish and, in
fact, information from the Salem Harbormaster indicates that shellfish do not exist in this
area, "because of the extreme contamination and lack of water most of the day" (see
attached letter).
4. Protection of Wildlife Habitat
While no specific wildlife habitat study has been evaluated, it is not believed that the leaf-
composting area is a significant wildlife habitat, particularly in relation to the River, as the
area does not have suitable wildlife corridors to the riverbank. Harmony Grove Road, a fairly
busy street, and a fence exist between the leaf-composting area and the river's edge.
Conservation Commission
Harmony Grove Cemetery, Salem, MA
March 25, 2010
5. Storm Damage Prevention
It is not believed that the proposed leaf-composting area has any affect on flood control as,
even though flooding has not been observed on the subject property in the flood hazard
area, any leaf-composting has been removed from the flood hazard area as shown on the
flood hazard map.
6. Prevention of Pollution
As discussed later in this letter, based on information we have been able to obtain, it is
believed that the leachate from the leaf-composting operation will not contribute to the
pollution of the North River. As the information indicates, nutrient levels in leaf-composting
leachate are quite low and are significantly reduced by percolation through the ground. The
setting of the proposed leaf-composting operation is such that a wind row along Harmony
Grove Road prevents overland discharge towards the River and, as a consequence, most of
the leachate percolates through the ground.
7. Protection of Fisheries
The North River is not a fish run in this area and, in addition, is subject to significant tidal
action and mixing during the daily tide cycles.
The best information the undersigned could find, based on an internet search, was work that was
funded by the New Jersey Department of Environmental Protection, Division of Solid and Hazardous
Waste, in a New Jersey Agricultural Experiment Station, Publication #H-07526-2-92. This document
discusses leaf-composting from a detailed scientific standpoint, and also suggests how leaf-
composting operations should be carried out. In Chapter VII of this publication, Potential Problems
and Their Solutions, discussion of potential pollution is as follows:
"While leachate from leaf composting is generally not toxic, it may deplete the dissolved oxygen
in the water, possibly even to the point where fish kills could occur. Because of its dark color, it
might also lead to a discoloration of the water. In order to prevent this potential pollution,
leachate should not be allowed to enter surface waters without prior treatment. This treatment
might consist of simple percolation down into or through the soil, or passage through a sand
barrier constructed to intercept any horizontal flow. In passing through the soil or sand, the
leachate is both physically filtered and biologically degraded to remove a substantial portion of
the pollutants. Contamination of ground water does not appear to be a problem associated with
leaf composting".
Should the Commission feel that sufficient runoff does occur from the site (although I have never
observed it), a sand filter dike could be added along the length of the proposed composting area
which would be effective in removing both nutrients and organic color(turbidity) from the water.
Other literature sources, as well, describe leaf-mulch leachate as having low concentration of
nutrients (nitrogen and phosphorous), surely less than the levels of those nutrients found in a septic
system. Yet, under Title 5 of the State Sanitary Code, a septic system can be cited within 50 feet of
a stream, with a presumption of adequate environmental protection. In our instance, no leaf-
composting will take place closer than 150 feet to the edge of the River.
Conservation Commission
Harmony Grove Cemetery, Salem, MA
March 25, 2010
In addition, in the approximately 100 years that leaf-composting has taken place on the Harmony
Grove Cemetery land, there have been no reports of which we are aware of pollution resulting from
this operation. It appears that the pollution in Salem Harbor is a result of the more intense
manufacturing industries which operated adjoining the North and South Rivers.
We, consequently, feel that the request to continue leaf-composting operations as described in our
Notice of Intent is reasonable and consistent with the Interests of the Wetlands Protection Act.
Very truly yours,
Peter J. Ogren, P.E., P.L.S.
President
PJO/d
Enclosures
cc: Fran Mayo
Harmony Grove Cemetery
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. ... Sunday;April 0
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Carey Duques ,1 3/25/2010 3:32 PM
Q
MEMORANDUM
TO: SALEM CONSERVATION COMMISSION
FROM: Francis Mayo,Attorney for HARMONY GROVE CEMETARY
RE: HARMONY GROVE CEMETARY,NOTICE OF INTENT, DEP 964-495
FACTS:
Harmony Grove Cemetery is a not-for-profit Massachusetts corporation established in
1840. It was laid out and designed by Alexander Wadsworth, the same landscape architect
who played an integral role in the design of the famous Mt. Auburn Cemetery in Cambridge.
The Cemetery consists of approximately 100 acres, 10% in Peabody and 90% in Salem.
Maintenance and enhancement of its extraordinary grounds has been among the
Cemetery's highest priorities for 170 years, a fact reflected in its plantings consisting of
a
hundreds of species of trees, shrubs and flowers including magnificent specimens, artistically
laid out, and maintained by a first-rate private landscape company, Landcare, Inc., and overseen
by an attentive and diligent group of volunteer trustees which itself includes professional
expertise in the field of horticulture and landscape design.
The composting of leaf materials in the area complained of has taken place since decades
before the adoption of the Riverfront Act in 1996, is located more than 100 feet from the river
from which it is also separated by a fence and a major thoroughfare which runs between Salem
and Peabody, which eliminates the riverfront interests.
None of the purposes of the Rivers Act, as expressed by statute and state regulations, are
impacted by the annual composting process, which is an organic process providing mulch and
top soil that are both desirable and necessary to cemetery operations.
• -2-
ARGUMENT:
I. THE USE OF THE AREA IN QUESTION FOR THE
COMPOSTING OF LEAVES IS AN EXEMPT ACTIVITY
In 1996 when the legislature amended the Wetlands Protection Act to create a new pro-
tected resource area—riverfronts—it set out regulations to implement the statute.
The regulations do not necessarily prohibit actions within 200 feet of the river. Code 310
CMR 10.58(6) provides: "Notwithstanding the provisions of 310 CMR 10.58(1)-(5), certain
activities or areas are grandfathered or exempted from the requirements of the Riverfront area:
(a)Any excavation, structure, road, clearing, driveway, landscaping, utility line... or parking lot
within the Riverfront area in existence on August 7, 1996. Maintenance of such structure or
areas is allowed(Lncluding any activity which maintains a structure, roads (limited to repairs,
resurfacing, repaving, but not enlargement), clearing, landscaping, etc. in its existing condition."
(Emphasis supplied).
Harmony Grove's composting of leaves more than 100 feet from the resource area
but within 200 feet of the river has been an integral part of its maintaining landscaping for a
period long in excess of the Riverfront Act and is a grandfathered activity within the meaning of
Code Section 310 CMR 10.58(6).
II. EVEN IF THE COMPOSTING AND HARVEST OF LEAVES AND
LEAF MOLD WERE NOT AN EXEMPT ACTIVITY, IT HAS NO
IMPACT ON THE INTERESTS PROTECTED BY THE RIVERS
PROTECTION ACT AND SHOULD THEREFORE BE ALLOWED
Code Section 10.58(3) establishes that"Where a proposed activity involves work within
the riverfront area, the issuing authority shall presume that the area is significant to protect the
private or public water supply; to protect the groundwater; to provide flood control;to prevent
• -3-
storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife
habitat; and to protect fisheries.
"The presumption is rebuttable and may be overcome by a clear showing that the river-
front area does not play a role in the protection of one or more of these interests." (Emphasis
supplied).
None of the 8 factors set forth in the regulation are remotely impacted by the compost of
leaves.
The activity could not be more natural. The activity does not take place within any other
buffer area, is over 100 feet from the river, and is on the other side of a fence and major
thoroughfare.
III. EVEN IF HARMONY GROVE'S PROPOSED LEAF COMPOSTING
WERE NEITHER EXEMPT OR DEEMED TO REBUT THE AFORE-
MENTIONED PRESUMPTION,THE USE SHOULD NEVERTHELESS
BE ALLOWED BECAUSE HARMONY GROVE HAS DEMONSTRATED
THAT THEY HAVE NO PRACTICAL ALTERNATIVE
Code Section 10.58(4) sets out a third means for the allowance of the use within a
riverfront area, where there is noractical alternative. In that case,se, rroviied that the use has
"no significant adverse impact," and does not involve more than 10% of the riverfront area, a
permit may issue.
The regulations at 310 CMR 10.58(4)(d) provide that"work in a riverfront area must not
have a significant adverse impact on the ability of the riverfront area to protect the interests of
the Act." See In the Matter of John A. Buttaro, 10 DEPR 19.
The Wetlands Regulations define "adverse affect" as "a greater than negligible change in
• the resource area or one of its characteristics or factors that diminishes the value of the resource
• -4-
area to one or more of the specific interests of(the Act) , as determined by the issuing authority.
`Negligible' means small enough to be disregarded." 310 CMR 10.23." In the Matter of Conroy
Development Corporation(2005), 12 DEPR 66.
The Code states "The purpose of evaluating project alternatives is to locate activities so
that its impacts to the riverfront area are avoided to the extent possible." 10.58(3). If the
Commission should find neither reason I or II as set forth above sufficient to allow the current
use to continue, it should nevertheless be permitted as a reasonable alternative with a negligible
impact. Section 10.58(4).
III. CONCLUSION
For the aforementioned reasons, Harmony Grove Cemetery respectfully requests that it be
• permitted to continue with its normal composting activities.
HARMONY GROVE CEMETERY
By its Attorney:
FRANCIS T. MAYO
265 Essex Street—Suite 301
Salem, MA 01970
(978) 744-1148
Dated: January 14, 2010 fmayogftmayo.com
•
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.57: continued
(b) Isolated Land Subject to flooding: A proposed project in Isolated Land Subject to
Flooding shall not result in the following:
1. Flood damage due to filling which causes lateral displacement of water that would
otherwise be confined within said area.
2. An adverse effect on public and private water supply or ground water supply,where
said area is underlain by pervious material.
3. An adverse effect on the capacity of said area to prevent pollution of the ground
water,where the area is underlain by pervious material which in turn is covered by a mat
of organic peat and muck.
4. An impairment of its capacity to provide wildlife habitat where said area is vernal
pool habitat,as determined by procedures contained in 310 CMR 10.60.
(c) Protection of Rare Wildlife Species: Notwithistanding the provisions of 310 CMR
10.57(4)(a) or (b), no project may be permitted which will have any adverse effect on
specified wildlife habitat sites of rare vertebrate or invertebrate species, as identified by
procedures established under 310 CMR 10.59.
10.58 Riverfront Area
1) Preamble Rverfrpnt'
-re
asare=tike]ytobesjgmficasrttoprotectthep5vateorpublicwater
wsupply to protect groundwater'to povtde floodaontro8 to prevent stortisdamage. to pvenp.
,pollution v"to protect land roritaining shellfi ,fo protect`wildl[fe habitat and taprot ,the,
fishenesfLand`adJacerit to nversaiid streams can protrect`the naturafinfegrity of these water
bodies.'The presence of nztural vegetation within riverfront areas is critical,to sustaining rivers
as ecosystems and providing these public values. The riverfront area can prevent degradation
of water quality by filtering sediments,toxic substances(such as heavy metals),and nutrients
(such as phosphorus and nitrogen)from stonnwateq nompoint pollution sources,and the river
itself. Sediments are trapped by vegetation before reaching the river. Nutrients and toxic
substances may be detained in plant root systems or broken down by soil bacteria. Riverfront
• areas can trap and remove disease-causing bacteria that otherwise would reach rivers and coastal
estuaries where they can contaminate shellfish beds and prohibit safe human consumption.
Natural vegetation within the riverfront area also maintains water quality for fish and wildlife.
Where rivers serve as water supplies or provide induced recharge to wells,the riverfront area
can be important to the maintenance of drinking water quality and quantity. Land along rivers
in its natural state with a high infiltration capacity increases the yield of a water supply well.
When riverfront areas lack the capacity to filter pollutants, contaminants can reach human
populations served by wel is new rivers or by direct river intakes. The capacity of riverfront areas
to filter pollutants is equally critical to surface water supplies,reducing or eliminating the need
for additional treatment. In the watershed,mature vegetation within riverfront areas provides
shade to moderate water temperatures and slow algal growth,which can produce odors and taste
problems in drinking water.
Within riverfront areas,surface water interaction with groundwater significantly influences
the stream ecosystem. The dynamic relationship between surface and groundwater within the
"hyporheic zone"sustains communities of aquatic organisms which regulate the flux ofnutrients,
biomass and the productivity oforganisms including fish within the stream itself. The hyporheic
zone extends to greater distances horizontally from the channel in large, higher order streams
with alluvial floodplains,but the interaction within this wine is important in smaller streams as
well.
By providing recharge and retaining natural flood storage, as well as by slowing surface
water runoff,riverfront areas can mitigate flooding and damage from storms. The root systems
of riverfront vegetation keep soil porous, increasing infiltration capacity. Vegetation also
removes excess water through evaporation and transpiration. This removal ofwater from the soil
allows for more infiltration when flooding occurs. Incireases in storage of floodwaters can
decrease peak discharges and reduce storm damage. Vegetated riverfronts also dissipate the
energy of storm flows,reducing damage to public and private property.
Riverfront areas are critical to maintaining thriving fisheries. Maintaining vegetation along
rivers promotes fish cover,increases food and oxygen availability,decreases sedimentation,and
provides spawning habitat. Maintenance of water temperatures and depths is critical to many
important fish species. Where groundwater recharges surface water flows,loss of recharge as
• aresult of impervious surfaces within the riverfront arearnay aggravate low flow conditions and
increase water temperatures. In some cases, summer stream flows are maintained almost
exclusively from groundwater recharge. Small streams are mostreadilyimpacted by removal
of trees and other vegetation along the shore.
Wetland Regulations—June 2009 Page 95
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
• (4) General Performance Standard. Where the presumption set forth in 310 CMR 10.58(3)is
not overcome,the applicant shall prove by a preponderance of the evidence that there are no
practicable and substantially equivalent economic alternatives to the proposed project with less
adverse effects on the interests identified in M.G_L. c.131 § 40 and that the work, including
proposed mitigation,will have no significant adverse impact on the riverfront areato protect the
interests identified in M.G.L. c. 131 § 40. In the event that the presumption is partially
overcome,the issuing authority shall make a written determination setting forth its grounds in
the Order of Conditions and the partial rebuttal shall be taken into account in the application of
310 CMR 10.58(4)(d)La.and c.;the issuing authority shall impose conditions in the Order that
contribute to the protection of interests for which the riverfront area is significant.
(a) Protection of Other Resource Areas. The work shall meet the performance standards
total]other resource areas within the riverfront area,as identified in 310 CMR 10.30(coastal
bank), 10.32(salt marsh), 10.55(Bordering Vegetated Wetland),and 10.57(Land Subject
to Flooding). When work in the riverfront area is also within the buffer zone to another
resource area, the performance standards for the riverfront area shall contribute to the
protection of the interests of M.G.L.c. 131,§40 in lieu of any additional requirements that
might otherwise be imposed on work in the buffer zone within the riverfront area
(b) Protection of Rare Species No project may be permitted within the riverfront area
which will have any adverse effect on specified habitat sites of rare wetland or upland,
vertebrate or invertebrate species,as identified by the procedures established under 310 CMR
10.59 or 10.37,or which will have any adverse effect on vernal pool habitat certified prior
to the filing of the Notice of Intent.
(c) Practicable and Substantially Equivalent Economic Alternatives There must be no
practicable and substantially equivalent economic alternative to the proposed project with
less adverse effects on the interests identified in M.G.L.c. 131 § 40.
1. Definition of Practicable.An alternative is practicable and substantially equivalent
economically if it is available and capable of being done after taking into consideration
/ • costs, existing technology, proposed use, and logistics, in light of overall project
( purposes.Available and capable of being done means the alternative is obtainable and
feasible. Project purposes shall be defined generally (e.g., single family home,
residential subdivision, expansion of a commercial development). The alternatives
analysis may reduce the scale of the activity or the number of lots available for
development, consistent with the project purpose and proposed use. The alternatives
analysis shall not include interior design specifications(i.e.,neither the proposed use or
project purpose in the Notice of Intent nor the Order of Conditions should specify the
number of rooms,bedrooms,etc.within a building).Transactions shall not be arranged
to circumvent the intent of alternatives analysis review.The four factors to be considered
are:
I
Wetland Regulations—June 2009 Page 99
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
NON-TEXT PAGE
Wetland Regulations—lune 2009 Page 100
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
I • a Costs,and whether such costs are reasonable or prohibitive to the owner. The
owner means the individual or entity which owns the area where the activity will
occur or which will implement the project purpose. Cost includes expenditures for
a project within the riverfront area,such as land acquisition,site preparation,design,
construction, landscaping, and transaction expenses. Cost does not include
anticipated profits after the project purpose is achieved or expenditures to achieve the
project purpose prior to receiving an Order with the exception of land acquisition
costs incurred prior to August 7, 1996. In taking costs into account, the issuing
authority shall be guided by these principles:
i. The cost of an alternative must be reasonable for the project purpose, and
cannot be prohibitive. -
ii. Higher or lower costs taken alone will not determine whether an alternative
is practicable. An alternative for proposed work in the riverfront area must be a
practicable and substantially equivalent economic alternative(i.e.,will achieve
the proposed use and project purpose from an economic perspective).
iii. In considering the costs to the owner, the evaluation should focus on the
financial capability reasonably expected from the type ofowner(e.g.,individual
homeowner,residential developer, small business owner,large commercial or
industrial developer)ratherthan the personal or corporate financial status ofthat
particular owner. Applicants should not submit,nor should issuing authorities
request,financial information ofa confidential nature,such as income tax records
or bank statements.
iv. Issuing authorities may require documentation of costs,but may also base
their determinations on descriptions of alternatives, knowledge of alternative
sites, information provided by qualified professionals, comparisons to costs
normally associated with similar projects,or other evidence. Any documentation
of costs should be limited to that required for a determination of whether the
• costs are reasonable or prohibitive.
b. Existing technology,which includes best available measures(i.e.,the most up-to-
date technology or the best designs,measures,or engineering practices that have been
developed and are commercially available);
c. The proposed use. This term is related to the concept of project purpose.In the
context of typical single family homes,the project purpose(construction of a single
family house)and proposed use(family home)are virtually identical. In the context
of projects where the purpose implies a business component, such as residential
subdivision,commercial,and industrial projects,the proposed use typically requires
economic viability. Practicable and substantially equivalent economic alternatives
include alternatives which are economically viable for the proposed use from the
perspective of site location,project configuration within a site,and the scope of the
project. In the context of publically financed projects, the proposed use includes
consideration of legitimate governmental purposes (e.g, protection of health and
safety,providing economic development opportunities,or similiar public purposes.);
and
d. Logistics. Logistics refers to the presence or absence of physical or legal
constraints. Physical characteristics of a site may influence its development. Legal
barriers include circumstances where a project cannot meet other applicable
requirements to obtain the necessary permits at an alternative site. An alternative site
is not practicable if special legislation or changes to municipal zoning would be
required to achieve the proposed use or project purpose. An alternative is not
practicable if the. applicant is unable to obtain the consent of the owner of an
alternative site for access for the purpose of obtaining the information required by the
Notice of Intent or of allowing the issuing authority to conduct a site visit.
2. Scone of Alternatives. The scope of alternatives under consideration shall be-
commensuratewiththetypeandsizeoftheproject. The issuing authority shall presume
that alternatives beyond the scope described below are not practicable and therefore need
not be considered. The issuing authority or another party may overcome the presumption
• by demonstrating the practicability of a wider range of alternatives,based on cost,and
1 whether the cost is reasonable or prohibitive to the owner;existing technology;proposed
use;and logistics in light of the overall project purpose.
Wetland Regulations—June 2009 Page 101
NONE
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
a. The area under consideratiivn for practicable alternatives is limited to the lot for
activities associated with the construction or expansion of a single family house on
a lot recorded on or before August 1, 1996.
b. The area under consideration for practicable alternatives is limited to the lot,the
subdivided lots and any adjacent tots formerly or presently owned by the same owner
for:
i, activities associated with the construction or expansion of a single family
house on a lot recorded afimr August 1, 1996;
ii. any expansion of an existing structure,including enlargement of the footprint
of any structure or the addition of associated structures for single family homes
(e.g.,a garage)on lots recorded after August 1, 1996;
iii. any activity other thantthe construction or expansion of a single family house
where the applicant owned)the lot before August 7, 1996,including the creation
of a real estate subdivision but excluding public projects,and the applicant will
implement the project purpose;
iv, new agriculture or aquaculture projects;
v. any activity by a public entity when funds for the purchase of the site for the
project purpose have been appropriated through action of the appropriate
municipal board or state agency prior to the August 7, 1996;or
vi. any lot shown on a definitive subdivision plan approved under M.G.L.c.41,
§§8 1 K to 81 GG,provided there is a recorded deed restriction limiting the total
alteration to 5000 square feet or 10%,whichever is greater,of the riverfront area
allocated to the lots within the entire subdivision.
c. Except as allowed under 300 CMR 10.58(4)(c)2.b.,the area under consideration
for practicable alternatives extends to the original parcel and the subdivided parcels,
any adjacent parcels,and any other land which can reasonably be obtained within the
municipality for:
�- • i. activities associated with residential subdivision or housing complexes,
institutional,industrial,or commercial projects:or
- ii. activities conducted by municipal government.
For adjacent lots,reasonably be obtained means to purchase at market prices if
otherwise practicable,as documented by offers(and any responses). For other land,
reasonably be obtained means adequate in size to accommodate the project purpose
and listed for sale within appropriately zoned areas,at the time of filing a Request for
Determination or Notice of Intent,within the municipality.
d. Alternatives extend to any sites which can reasonably be obtained within the
appropriate region of the state for:
i. residential, institutional, commercial, or industrial activities required to
evaluate off-site alternatives in more than one municipality in an Environmental
Impact Report under M.G.L.c.30,§§61 through 621{,or an alternatives analysis
conducted by the Corps ofEngineers for a Section 404 permit under the federal
Clean Water Act, 33 U.S.C. 1251 el seq., and used for 401 Water Quality
Certification under 314 CMR 9.00;or
ii. activities conducted by district,county,state or federal government entities.
The area to be considered is the service area within the governmental unit
boundary or jurisdictional authority, or the municipality if there is no defined
service area,consistent with the project purpose.
3. Evaluation of Alternatives. The applicant shall demonstrate that there are no
practicable and substantially equivalent economic alternatives as defined in 310 CMR
10.58(4)(c)l., within the scope of alternatives as set forth in 310 CMR 10.58(4)(c)2.,
with less adverse effects on the interests identified in M.G.L.c. 131 §40. The applicant
shall submit information to describe sites and the work both for the proposed location
and alternative site locations and configurations sufficient for a determination by the
issuing authority under 310 CMR 10.58(4)(d). The level of detail of information shall
be commensurate with the scope of the project and the practicability of alternatives.
Where an applicant identifies an alternative which can be summarily demonstrated to be
( . not practicable,an evaluation is not required.
Wetland Regulations—lune 2009 Page 102
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
• The purpose of evaluating project alternatives is to locate activities so that impacts
to the riverfront area are avoided to the extent practicable. Projects within the scope of
alternatives must be evaluated to determine whether any are practicable. As much of a
project as feasible shall be sited outside the riverfront area. If siting of a project entirely
outside the riverfront area is not practicable,the alternatives shall be evaluated to locate
the project as far as possible from the river.
The issuing authority shall not require alternatives which result in greater or
substantially equivalent adverse impacts. Ifan alternative would result in no identifiable
difference in impact,the issuing authority shall eliminate the alternative. Ifthere would
be no less adverse effects on the interests identified in M.G.L.c. 131,§40,the proposed
project rather than apracticable alternative shall be allowed,but the criteria in 310 CMR
10.58(4)(d)for determining no significant adverse impact must still be met. If there is
a practicable and substantially equivalent economic alternative with less adverse effects,
the proposed work shall be denied and the applicant may either withdraw the Notice of
Intent or receive an Order of Conditions for the alternative, provided the applicant
submitted sufficient information on the alternative in the Notice of Intent.
(d) No Significant Adverse Impact The work,including proposed mitigation measures,
must have no significant adverse impact on the riverfront area to protect the interests
identified in M.G.L.c. 131,§40.
1. Within 200 foot riverfront areas,the issuing authority may allow the alteration of up
to 5000 square feet or 10%of the riverfront area within the lot,whichever is greater,on
a lot recorded on or before October 6,1997 or lots recorded after October 6,1997 subject
to the restrictions of 310 CMR 10.58(4)(c)2.b.vi., or up to 10%of the riverfront area
within a lot recorded after October 6, 1997,provided that:
a. At aminimum,a 100 foot wide area of undisturbed vegetation is provided. This
area shall extend from mean annual high-water along the river unless another location
would better protect the interests identified in M.G.L.c. 131 §40. If there is not a
• 100 foot wide area of undisturbed vegetation within the riverfront area, existing
vegetative cover shall be preserved or extended to the maximum extent feasible to
approximate a 100 foot wide corridor of natural vegetation. Replication and
compensatory storage required to meet other resource area performance standards are
allowed within this area; structural stony water management measures may be
allowed only when there is no practicable alternative. Temporary impacts where
necessary for installation of linear site-related utilities are allowed,provided the area
is restored to its natural conditions. Proposed work which does not meet the
requirement of 310 CMR 10.58(4)(d)l.a. may be allowed only if an applicant
demonstrates by a preponderance of evidence from a competent source that an area
of undisturbed vegetation with an overall average width of 100 feet will provide
equivalent protection of the riverfront area, or that a partial rebuttal of the
presumptions of significance is sufficient to justify a lesser area of undisturbed
vegetation; -
b. Stormwater is managed according to standards established by the Department in
its Stormwater Policy.
c. Proposed work does not impair the capacity of the riverfront area to provide
important wildlife habitat functions. Work shall not result in an impairment of the
capacity to provide vernal pool habitat identified by evidence from a competent
- source,but not yet certified. For work within an undeveloped riverfront area which
exceeds 5,000 square feet, the issuing authority may-require a wildlife habitat
evaluation study under 310 CMR 10.60.
d. Proposed work shall not impair groundwater or: surface water quality by
incorporating erosion and sedimentation controls and other measures to attenuate
nonpoint source pollution.
The calculation of square footage of alteration shall exclude areas of replication or
compensatory flood storage required to meet performance standards for other resource
areas,or any area of restoration within the riverfront area. The calculation also shall
exclude areas used for structural stormwater management measures,provided there is no
r • practicable alternative to siting these structures within the riverfront area and provided
1 a wildlife corridor is maintained(e.g.detention basins shall not be fenced).
2. Within 25 foot riverfront areas,any proposed work shall cause no significant adverse
impact by:
I Wetland Regulations—June 2009 Page 103
it
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
• 10.58: continued
I
a Limiting alteration to the maximum extent feasible,and at a minimum,preserving
or establishing a corridor of undisturbed vegetation of a maximum feasible width.
Replication and compensatory storage required to meet other resource area
performance standards are allowed within this area; structural stormwater
management measures shall be allowed only when there is no practicable alternative;
b. Providing stormwater management according to standards established by the
Department;
c. Preserving the capacity ofthe riverfront area to provide important wildlife habitat
functions. Work shall not result in an impairment of the capacity to provide vernal
pool habitat when identified by evidence from a competent source but not yet
certified;and
d. Proposed work shall not impair groundwater or surface water quality by
incorporating erosion and sedimentation controls and other measures to attenuate
nonpoint source pollution.
3. Notwithstanding the provisions of310 CMR I 0.58(4)(d)I.or 2.,the issuing authority
shall allow the construction of a single family house, a septic system if no sewer is
available, and a driveway, on a lot recorded before August 7, 1996 where the size or
shape of the lot within the riverfront area prevents the construction from meeting the
requirements of 310 CMR 10.58(4)(d)l.or 2.,provided that:
a The lot can be developed for such purposes under the applicable provisions of
other municipal and state law;and
b. The performance standards of 310 CMR 10.58(4)(d)are met to the maximum
extent feasible. In difficult siting situations,the maximum extent of yards around
houses should be limited to the area necessary for construction. Except where the lot
contains vernal pool habitat or specified habitat sites of rare species,awi Idlife habitat
evaluation study shall not be required.
4. Notwithstanding the provisions of 310 CMR 10.58(4)(d)l.or 2.,the issuing authority
may allow the construction of a commercial structure of minimum feasible dimension,
/ on a lot recorded before August 7, 1996 where the size or shape of the lot within the
riverfront area prevents the construction from meeting the requirements of 310 CMR
10.58(4)(d)1.or 2.,only if-.
a. The lot can be developed for such purposes and cannot be developed for any other
purposes under the applicable provisions of other municipal and state law;
b. The work is not eligible for 310 CMR 10.58(5);and
c. The performance standards of 310 CMR 10.58(4)(d)l. or 2. are met to the
maximum extent feasible.
(5) Redevelopment Within Previously Developed Riverfront Areas;Restoration and Miti ation.
Notwithstanding the provisions of310 CMR 10.58(4)(c)and(d),the issuing authority may allow
work to redevelop a previously developed riverfront area,provided the proposed work improves
existing conditions. Redevelopment means replacement,rehabilitation or expansion o£existing
structures,improvement of existing roads,or reuse of degraded or previously developed areas.
A previously developed riverfront area contains areas degraded prior to August 7, 1996 by
impervious surfaces from existing structures or pavement, absence of topsoil,junkyards, or
abandoned dumping grounds. Work to redevelop previously developed riverfront areas shall
conform to the following criteria:
(a) At a minimum,proposed work shall result in an improvement over existing conditions
of the capacity of the riverfront area to protect the interests identified in M.G.L.c. 131 §40.
When a lot is previously developed but no portion of the riverfront area is degraded, the
requirements of 310 CMR 10.58(4)shall be met.
(b) Stormwater management is provided according to standards established by the
Department.
(c) Within 200 foot riverfront areas,proposed work shall not be located closer to the river
than existing conditions or 100 feet,whichever is less,or not closer than existing conditions
within 25 foot riverfront areas,except in accordance with 310 CMR 10.58(5)(f)or(g). -
(d) Proposed work,including expansion of existing structures,shall be located outside the
riverfront area or toward the riverfront area boundary and away from the river, except in
• accordance with 310 CMR 10.58(5)(f)or(g).
f, (e) The area of proposed work shall not exceed the amount of degraded area,provided that
the proposed work may alter up to 10%ifthe degraded area is less than 10%of the riverfront
area,except in accordance with 310 CMR 10.58(5)(0 or(g).
Wetland Regulations—June 2009 Page 104
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
• 10.58: continued
t
(f) When an applicant proposes restoration on-site of degraded riverfront area,alteration
maybe allowed notwithstanding the criteria of 310CMR 10.58(5)(c),(d),and(e)at a ratio
in square feet of at least 1:1 of restored area to area of alteration not conforming to the
criteria. Areas immediately along the river shall be selected for restoration. Alteration not -
conforming to the criteria shall begin at the riverfront area boundary. Restoration shall
include:
1. removal of all debris,but retaining any trees or other mature vegetation;
2. grading to a topography which reduces runoff and increases infiltration;
3. coverage by topsoil at a depth consistent wkh natural conditions at the site;and
4. seeding and planting with an erosion control seed mixture,followed by plantings of
herbaceous and woody species appropriate to the site;
(g) When an applicant proposes mitigation either cm-site or in the riverfront area within the
same general area of the river basin,alteration may he allowed notwithstanding the criteria
of 310 CMR 10.58(5)(c),(d),or(e)at a ratio in square feet of at least 2:1 of mitigation area
to area of alteration not conforming to the criteria or an equivalent level of environmental
protection where square footage is not a relevant measure.Alteration not conforming to the
criteria shall begin at the riverfront area boundary. Mitigation may include off-site
restoration of riverfront areas,conservation restrictions under M.G.L.c. 184,§§31 to 33 to
preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00,
the purchase of development rights within the riveafront area,the restoration of bordering
vegetated wetland,projects to remedy an existing adverse impact on the interests identified
in M.G.L.c. 131,§40 for which the applicant is not Pegally responsible,or similar activities
undertaken voluntarily by the applicant which will support a determination by the issuing
authority of no significant adverse impact.Preference shall be given to potential mitigation
projects,if any,identified in a River Basin Plan approved by the Secretary of the Executive
Office of Environmental Affairs.
(h) The issuing authority shall include a continuing condition in the Certificate of
• Compliance for projects under 310 CMR 10.58(5)(1) or(g) prohibiting further alteration
within the restoration or mitigation area,except as may be required to maintain the area in
its restored or mitigated condition. Prior to requesting the issuance of the Certificate of
Compliance, the applicant shall demonstrate the restoration or mitigation has been
successfully completed for at least two growing seasons.
{6 Notwrttistandin¢the-Provisions o 310 CMIZA 0 58(8)thrddi (5)'"Ceram Activities
_Areas are Grandfathered 6r Exemotedfrom Reo`uiiemeots'fdr'ttie RtverfronfAreajl�
((a).AAny_exavattoq:structure,aoad clearing,'tdnveway gar dscapmg,,ut lhty line,rail.,line
atr�ort owned by apohrcal�subdivtston marine cargottermma] ow by a political
subdlvtsion�`'bndge ove4two milesalong s ptic,sys[em'or parin king lot withthriver Go t
vtar a`m�existence;ori'rAugu`st 7;`1-996Mainten anceof-sudh-stcucmtes-or areas islallo ew d
trr( S: Y ry°which ma�ntams a strucfure mads: limited to-repays resurfacing?
epavmg but n of enlargement) clearmg'landscapmg,etc wits extsttng-odndrtmn)withoute
the filing of a Nohce of Intent for work within the riverfront area,but not whan`s`uchiwork3
is wrthm'otherr se ou%ce-areasor;their buff6i,tomsxcep—t,4 provided m 310,7,.-yo
10 58 6)O Changes in existing onditions which will remove, fill, dredge or alter the
riverfront area are subject to 310 CMR 10.58,except that the replacement within the same
footprint of structures destroyed by fire or other casualty is not subject to 310 CMR 10.58.
(b) Certain minor activities as identified in 310 CMR 10.02(2)(b)1.
(c) On-site sewage disposal systems in existence on August 7, 1996 and the repair or
upgrade of existing systems in compliance with 310 CMR 15.000.New construction of a
system under 310 CMR 15.000 must comply with 310 CMR 10.58, subject to the
presumption for the siting of systems in 310 CMR 10.03.
(d) The expansion of structures, airports,and marine cargo terminals,provided they are
owned by a political subdivision and the expansion activity was physically begun on or
before November 1, 1996.
(e) Projects for which a draft environmental impact report was prepared and submitted
• pursuant to M.G.L. c. 30, § 62B, on or before November 1, 1996, or as extended by the
Department forjust cause but no later than December 31, 1996.
Wetland Regulations—June 2009 Page 105
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.58: continued
(f) Projects for which abuilding permit conforming to local requirements was filed on or
before October 1, 1996 and granted on or before April I, 1997, or as extended by the
conservation commission for just cause by no more than 60 days.
(g) The road and infrastructure shown on a definitive subdivision plan approved or endorsed
under M.G.L.c.41, §81U,on or before August 1, 1996. Activities on the subdivided lots
are subject to 310 CMR 10.58 unless they received a building permit under 310 CMR
10.58(6)(0.
(h) Construction, expansion, repair, restoration, alteration, replacement, operation and
maintenance of public or private local or regional wastewater treatment plants and their
related structures,conveyance systems,and facilities,including utility lines.
(i) Structures and activities subject to a M.G.L. c. 91 waterways license or permit, or
authorized prior to 1973 by a special act,are exempt,provided the structure or activity is
subject to jurisdiction and obtains a license,permit,or authorization under 310 CMR 9.00.
(j) Activities within riveffront areas subject to a protective order under M.G.L.c.21,§ 17B,
the Scenic Rivers Act. -
(k) Activities on land occupied by historic mill complexes.
10.59: Estimated Habitats of Rare Wildlife(for inland wetlands)
If a project is within estimated habitat which is indicated on the most recent Estimated
Habitat Map of State-Listed Rare Wetlands Wildlife(if any)published bythe Natural Heritage
and Endangered Species Program(herei rafter referred to as the Program),a fully completed copy
of the Notice of Intent(including al l plans,reports,and other material s required under 310 CMR
10.05(4)(a)&(b))for such pocject shall be sent to the Program via the U.S.Postal Service by
express or priority mail(or othierwise sent in a manner that guarantees delivery within two days).
Such copy shall be sent no laterthan thedate ofthe filing ofthe Notice oflntent with the issuing
authority. Proof of timely mailing or other delivery to the Program of the copy of such Notice
/ of Intent shall be included in the Notice of Intent which is submitted to the issuing authority and
l sent to the Department's regional office.
Estimated Habitat Maps shall be based on the estimated geographical extent of the habitats
of all state-listed vertebrate and invertebrate animal species for which a reported occurrence
within the last 25 years has been accepted by the Program and incorporated into its official data
base.
Wetland Regulations—June 2009 Page 106
w�it1NDIT,t�f
CITY OF SALEM
° „ E CONSERV TION COMMISSION
SITE VISIT FORM
PROJECT LOCATION: DATE OF SITE VISIT:
PROJECT PROPONENT: DEP FILE NUMBER: (01-
PROPOSED WORK:
N AITENDANGE
Comm si n Me ers/ ent: Abutters:
Applicant/Property Owner/Representative: c a �_ d
CS.��,._VFSITLAtJRAQ_S_Ft. -
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation >(Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
�ARF.ASt�QF 7URISp�CF�QN,:.'-�
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
l
❑Bank i ❑ Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
ElBordering Vegetated Wetland
ElPort Area El Coastal Beach
01-and Subject to Flooding 1
1:1 Coastal Dune El Barrier Beach
ElLand Under Water Bodies or Waterway
Name: ❑ Coastal Bank ❑Rocky Intertidal Shore
;!fRiverfront Area 1 ❑ Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools I ❑ Land Containing ❑Anadromous/Cata-
!(( Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
III:;
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune
INTERESTS.P,.ROT.EGTE
otection of Water Supply Protection of Groundwater Supply Flood Control
§a—ltorm Damage Prevention Prevention of Pollution Protection of Fisheries
XProtection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project: If so,why?
Are resource area boundaries delineated correctly? If not,explain.
���ii'�SITDO_Ct)MwENTATIQN€ .
�hotos ❑ Site Map ❑Other:
BSERVATIQNSt :� � 1:. p
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
rAMilxvgng o GU Q(� 6l.
C ' NSERVATION COMMISSION
2910 FEB, IS A if: k9
City of Salem CITY Lls-
Conservation Commission
Will hold a site visit at 30-36 Harmony Grove Cemetery, on Thursday, March 11, 2010 at
5:00p.m. The purpose of the site visit is to inspect the project site where the following activities
have been proposed: leaf storage and composting operations and installation of plantings within a
Riverfront Area at Harmony Grove Cemetery. The project takes place within the Riverfront Area
at Harmony Grove Cemetery 30 Grove Street.
c�
David A. Pabich, P.E.
Conservation Commission Chairman
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Copyright C2007YInternational Corp+
Harmony Grove Cemetery
30 Grove Street, Salem, Massachusetts 01970
Telephone (978) 744-0554
Fax (978) 745-9876
Officers:
Jonathan A. Reardon.
Chairman&President
Racket Shreve,
Vice-President
William Phippen,
Vice-President
Albert Goodhue,fit
Treasurer
R.Angus West,
Secretary
Board of Trustees:
Daniel Finemore January 28, 2010
Timothy A.Ingraham
Jack Lawrence To Whom It May Concern
Henry P.Phippen
Katharine Pickering
Rebecca Putnam The area concerned at Harmony Grove Cemetery has been a leaf dump for about a
Katherine van Dyke hundred years. Nothing gets dumped there but leaves from our property. It is
Paul R.Willis separated from The North River by Harmony Grove Road and chain link fencing.
The field does not flood.
The annual schedule of activities is from 09/01 until 10/31 when we deposit
ground-up leaves from our 100 acre facility in a row fashion starting towards
Peabody and ending facing Grove Street on the Salem side. There are also one or
two days of work in the spring when we use a skid loader to manage the area.
Other than that there is no disturbance in that spot. It grows in with indigenous
plants on an annual basis. We don't try to cultivate the field and let it do as it may.
It is our goal to maintain our practices as in the past with the changes outlined on
the site plan. We agree to fence in the leaf site and post signage forbidding
dumping within the riverfront area. We will also plant as is seen fit(Clethra
alnifolia),I hope we can agree on these actions.
In closing let me say that our practices are completely organic and self-sustainable
and have caused no danger to The North River nor do we intend them to.
Jonath A. Reardon
President, Board of Trustees
Serving families since 1840
HARMONY GROVE
. CEMETERY
30 Grove Street/ Salem, Massachusetts
(978) 744-0554
T k
tt�
Cemetery Entrance - 1864
Founded in late 1839,Incorporated February 19, 1840,
Consecrated June 14, 1840, Harmony Grove Cemetery
consists of approximately 100 acres.
The Blake Memorial Chapel was built as a memorial to George
Harrison Blake, who died at the age of 20 of typhoid fever. His mother,
Nancie Cordwell Blake, died in 1901, and pursuant to her will, funds
were bequeathed to Harmony Grove Cemetery with the stipulation that
a chapel be constructed in memory of her son and that a portrait of
young George hang forever on its walls. Construction, began in late
1902 and was completed in 1904. The building was officially dedicated
June 14, 1904. The windows were replaced with stained glass beginning
in 1920 to 1925 with donations from some of the most prominent
families on the North Shore and Boston. The Charles J. Connick
windows preserve the spirit of European stained glass of the eleventh
and twelfth centuries and are noted as some of the most beautiful in the
world.
Some notable eo le buried here include:
Jesse Smith: the last surviving bodyguard of Gen. George
Washington; born April 13, 1756, died June 4, 1844. One side of his
monument reads as "The Last Survivor of the Body Guard of Washing-
ton and, through life in Peace as in war, his worthy follower." He was
present at the battles of Concord, Lexington, Bunker Hill, Brandywine,
Germantown and Monmouth.
George Peabody - Banker and philanthropist; characterized as
"the brave, honest, noble hearted friend of mankind", he established a
fund for the education of the southern Negro, did much for the poor of
London and founded or endowed many institutions of science and
learning including the Peabody Institute in Salem and Baltimore and the
Peabody Museums at Harvard, Yale and Salem. He was a partner with
Junius Spencer Morgan, father of J. P. Morgan and financed an ex-
pedition to find the lost Arctic explorer, Sir John Franklin and his party.
Joseph Peabody - A revolutionary war soldier, a merchant
captain, and director of the Salem Iron Works. After the war he
purchased the schooner Three Friends, and thus began his road to
success. 83 ships were built and owned by Mr. Peabody, which he
freighted himself. At different times he had in his employ over 7,000
men. His death in 1844 was noted as the city's demise at sea.
Stephen Clarendon Phillips - One of the original founders of
Harmony Grove Cemetery and second Mayor of Salem (1838-1841);
Traded in the East Indies, China and South America. As shipping
declined, he diversified into railroading. The Stephen Phillips House at
34 Chestnut St., Salem is open for tours to view family furnishings of
Salem sea captains, antique carriages and cars.
2
John Bertram - Founder of Salem Hospital; Merchant and Philan-
thropist; an East African trader in ivory, coffee, gum, cloves, pepper,
hides and goat skins in return for tobacco, gun powder and white cotton.
His compassion for his fellow men led him to give largely of his wealth
to aid and endow charitable institutions; The John Bertram House in
Salem and the John Bertram Society are only two of several in his
memory. Bertram Field at Salem High School is named in his honor. '
Leverett Saltonstall - Mayor of Salem 1836; graduated from
Harvard College 1802; studied law with Honorable Wm. Prescott of
Salem; was eminent as an advocate, speaker of Mass. House of
Representatives, President of Mass. Senate, Representative of U.S.
Congress, President of the Bible Society of Salem and vicinity, President
of Essex Agricultural Society and the Essex Bar, and a member of the
Board of Overseers of Harvard College.
George Swinnerton Parker - the founder of Parker Games, the
maker of board games including Monopoly.
Joseph F. Sprague - one of the first Sheriff's of Essex County
and Postmaster of Salem
William Bentley, S.T.D.- known as. "the rational Christian,
faithful pastor,ardent patriot and learned scholar".
Honorable Joseph Crowninshield - Merchant and Statesman,
member of the Massachusetts state legislature and US representative
from Massachusetts 1803-08; brother of George and Benjamin; The
family replaced the Derbys as the leading Salem merchant family. All
became involved in politics; Benjamin served as Secretary of the Navy in
1814 under President James Madison.
A. Frank Hitchings - Deputy collector of Customs for Beverly/
Salem. Was one of the original Salem Minutemen.
Charles H. Fabens — merchant; active in the South American
trade; carried in hides, horns, sugar, cocoa, cloves, limes, squashes,
oranges,tapioca,rubber, and nuts.
Nathaniel Silsbee - prominent merchant and politician serving as
a representative and Senator in the Great and General Court; President of
the Senate, a member of Congress 1817-21,US senator 1826-35; director
of the Boston branch of the Bank of the United States in Philadelphia;
built a troubled shipping business into a fortune by 1801.
3
Edward Sylvester Morse - great American naturalist and
scientist; associated in establishing the "American Naturalist" and
becoming one of its editors; founded the Peabody academy of science of
which he was made a curator. Served as chair of comparative anatomy
and zoology at Bowdoin from 1871 to 1874; In 1877 he was appointed as
the first professor of zoology in the Science Department at Tokyo
University, returning to the United States in 1880 where he continued his
researches. He served as Director of the Peabody Essex Museum in
Salem and had a great deal of influence on the elite group of Bostonians
who would go on to become the nation's specialists in Japanese art and
culture until WW It. He is perhaps most well known as a collector of the
objects of daily life in Japan, particularly in ceramics. The Morse
Collection can be seen at the Boston Museum of Fine Arts and the
Peabody Essex Museum in Salem. He also served as an assistant at the
Lawrence scientific school of Harvard; Brachiopods became the subject
of his investigation; they had been regarded as mollusks, but after careful
research, Mr. Morse announced that they were to be classed among the
worms. This work attracted special attention abroad from famous
naturalists, notably Charles Darwin, who manifested great interest in this
discovery by the young American scientist.
George Bailey Loring, member of Massachusetts state house of
representatives 1873, Massachusetts state senator 1873; US repre-
sentative from Massachusetts 1877-1881, US minister to Portugal, 1889-
1890.
William Cogswell, Mayor of Salem, 1867-69; General in the
Union Army during the Civil War; State representative 1870-71; Senator
froml885-86; US Rep. from Massachusetts 1887-1895;
Leverett Saltonstall Jr. State house representative 1923- 1937;
Governor of Mass. 1939-44; US Senator 1945- 1967;
Charles Wentworth Upham, Mayor of Salem, member of state
legislature, US representative 1853-55;
Members of the Remond family - abolitionists and active in
desegregation - John the father, catered banquets at Hamilton Hall for
50 years cooking for governors of Massachusetts, the Marquis de
Lafayette, the Salem Light infantry and Judge Joseph Storey. Afterhis
daughter Sarah and her sister were told they could no longer attend
public schools because of the color of their skin, John Remond led a fight
to desegregate all public schools.
4
Sarah Remond is as equally well known as her father John and
brother Charles. Expelled from school because of the color of her skin in
1851 along with a sister, she went on to be known as a 19th century
abolitionist from Salem. She is known as one of the first black female
abolitionist in the country to speak publicly against slavery. Sarah
moved to Florence, Italy, where she became a doctor and practiced
medicine for 20 years. She is buried in Rome. In March of 1997 she was
honored by the Mass. Senate committee as one of the women who had
the greatest influence on public policy.
Charles Lenox Remond is one of the most famous black abolitionists
in state history. He was the first black man hired as an agent or traveling
speaker, by the Mass. Anti-Slavery Society. He toured the United States
and Europe speaking on the same platforms with William Lloyd
Garrison and Frederick Douglass. He also led a fight to end segregated
"Jim Crow" cars on the railroad line from Boston to Salem, and is
reportedly the first black man to address the Mass. House of Rep-
resentatives. During the Civil War, he helped recruit black soldiers for
the 54th Mass. Regiment, the first regiment of colored troops to be sent
into action from any Northern states. This black unit was the subject of
the movie"Glory".
Nanci,Cordwell Blake, benefactor of the Blake Memorial Chapel
is buried just past the administration building.
Ernest Machado, renowned architect from Salem and Boston and
the architect of the chapel and administration buildings here at Harmony
Grove Cemetery.
Franz W. Wartenberger - a chemist and inventor who patented
several processes for the tanning of leather before he began experi-
menting with explosives. Inventor of the explosive "ferronite." It is said
he died as he wished to die --from the premature discharge of a high
explosive of his own invention.
Dr. William F. Poole, author of the First Index to Periodical
Literature and a renowned librarian. He was librarian of the Boston
Athenaeum and organized the Bronson library at Waterbury, Conn. in
1869, the Athenaeum library at St. Johnsbury, Vt., and did similar work
at Newtown and East Hampton, Mass. and also the library of the United
States Naval Academy at Annapolis. In October 1868 he began the
organization of the public library of Cincinnati, and in January 1874 the
organization of the Chicago public library.
5
Dr. Poole devoted much of his time to the study of American history
and was president of the American Historical Association and a member
of many other similar societies. He was president of the American
Library Assoc. from 1885 to 1887, and vice president of the inter-
national conference of librarians in London. He published many papers
on library and historical topics, including construction of buildings and
the organization and management of public libraries.
Robin Damon,founder and publisher of the Salem News.
Pvt. William Huntington Sanders, a member of Teddy
Roosevelt's "Rough Riders" and the first Salem man to lose his life in
the Spanish-American War.
Caroline O. Emmerton, founder of the Settlement at the House
of the Seven Gables and granddaughter of Capt. John Bertram. In 1907
when the House of the Seven Gables was for sale, she bought it and
began its restoration to original form, which included replacing the
gables that had been removed.
Maxim Karolik and his wife, Martha Codman Karolik- he was
a former tenor with Petrograd Opera. They were donors of one of the
largest 18th century American collections to the Boston Museum of
Fine Arts, which included the finest antiques of the 13 original colonies.
Martha was the twice-great granddaughter of Elias Hasket Derby.
General Frederick Townsend Ward, organized and drilled
Chinese troops and under his leadership, scored great success in the Tai
Ping Rebellion. A temple was dedicated to him and by imperial
mandate he was worshipped as a deity. He died on a Chinese battlefield.
George W Pickering, founder of George W: Pickering Coal
Company, for many years located on Pickering Wharf.
Henry Robinson - witnessed the shooting of President Abraham
Lincoln at Ford's Theatre,April 14, 1865. 1
S. Endicott Peabody, former Mayor, banker, businessman. Son
of Col. Francis Peabody famous Boston & Salem merchant and Martha
Endicott. Direct descendent of Gov. John Endicott, the Puritan chief
magistrate of Massachusetts. He was also a partner in the J. S. Morgan
Co. in London,who were the successors to George Peabody& Co.
Samuel A. Carlton, founder of a match firm that became world
famous when it was later absorbed by Diamond Match Co.
6
1
Hon. William Crowninshield Endicott - Judge - Served as
Secretary of War under President Cleveland. His father, William
Putnam Endicott was a direct descendent of John Endicott - the first
Governor of Massachusetts. He married his cousin, Ellen Peabody. Her
father Col. George Peabody was considered the richest man in Salem at
the time of his death in 1892, leaving a trust of over $5,000,000. Ellen
was left the family home in Danvers, which today is known as Glen
Magna Estates.
Richard Saltonstall, built the first mill in Ipswich. His brother
Henry was a member of the first graduating class of Harvard. His
father, Sir Richard Saltonstall, came from London with Governor John
Winthrop and was one of the six patentees of the Colony of Massa-
chusetts. Upon his arrival in America, Sir Richard, commenced the
plantation of Watertown, along with Rev. George Philips, progenitor of
the famous family with that name.
William H. Whipple - formed the fist boy's branch of the
YMCA in the world. Superintendent of the Salem YMCA for 30 years.
Former mayors of the City of Salem -
Henry P. Benson David M. Little Rufus D. Adams
Joseph F. Osgood Robert S.Rantoul David Pingree
David P. Waters John F. Hurley Samuel Calley
Arthur P.Howard William Cogswell James H. Turner
Leverett Saltonstall John M. Raymond William S. Messer
Charles Wentoworth Upham Arthur Lord Huntington
Well known Merchants — James Fergus Almy, Walter K.
Bigelow, and Calvin Washburn of the former Almy, Washburn & Bige-
low Dept. Store in Salem; Daniel Low of Daniel Low's Dept. Store and
William G. Webber of Webber's Dept. stores.
Frank W. Benson, great impressionist painter and etcher,
studied and copied the works of masters in Paris for over two years, was
engaged in 1896 to decorate the Congressional Library in Washington,
DC. Today, Frank Benson's work hangs in most major American
museums.
Frank Poor, founder of Sylvania Lighting.
Soldiers of many wars are buried within these grounds -- the
War of the Revolution, the War of 1812, the Mexican War, the Civil
War,the Spanish War, WW 1, WW II,and the Korean Conflict.
7
Founded in late 1839
Incorporated February 19, 1840
Consecrated June 14, 1840
Consists of approximately 100 acres.
A private, non-profit, non-denominational
Cemetery, patterned after an English countryside
The first documented burial
in Harmony Grove Cemetery
was recorded on July 9, 1840.
Offering complete burial services
Pre-need Lot Sales
Cremation services
Columbarium
Scattering Garden
Urn Garden
Blake Memorial Chapel available for services
Harmony Grove Cemetery
30 Grove St., Salem, Massachusetts
(978)744-0554
7/2006
p
CITY OF SALEM
CONSERVATION COMMISSION
City of Salem
�� ..
Conservation Commission �Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act,Massachusetts
General Laws,Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the
request of Harmony Grove Cemetery 30 Grove Street Salem, MA 01970. The purpose of this
hearing is to discuss the proposal for continued Cemetery leaf storage operations and install plantings
within a Riverfront Area at Harmony Grove Cemetery 30 Grove Street. This hearing will be held
on Thursday, December 10, 2009 at 6:00 p.m. in Room 313, City Hall Annex, 120 Washington
Street. ``\\
�� Uv--L
David A. Pabich, P.E.
Chairman
Please advertise on
December 3, 2009
Please send bill to:
Harmony Grove Cemetery
Attn: Jonathan Reardon
30 Grove Street
Salem, MA 01970
978-744-0554
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Carey Duques
From: harmonygrove@verizon.net
Sent: Wednesday, January 13, 2010 2:52 PM
To: Carey Duques
Subject: Regarding letter from Mr. Leger-
Ms . Duques - attached is letter sent to Mr. Edgar Leger via certified mail today.
Forwarding to you per request of Peter Ogren at Hayes Engineering.
Thank you. Margie Lavender @ Harmony Grove
January 12, 2010
Mr. Edgar R. Leger
199 Tremont St.
Peabody, MA 01960
Dear Mr. Leger:
In your response to a notice regarding Harmony Grove' s hearing with the Salem
Conservation Commission, you brought to the attention of Hayes Engineering the condition
of a pine tree across the street from your property.
We addressed your concern over this same tree some time ago when you
complained about sap dripping on your automobile. Our landscaping company felt at that
time that the tree is not dead and did not warrant removal.
Please be assured that when the landscaping company returns to the grounds in
late March, we will have them re-address the condition of the tree.
Harmony Grove Cemetery has always had a good relationship with its neighbors
and we wish to continue so.
We will again bring to your attention, that by parking your automobiles
alongside our fencing, across from your home which is equipped with a garage and driveway,
that you are parking on the property of the cemetery and therefore are parking there at
your own risk.
Please feel free to call the cemetery office if you have other concerns.
Sincerely,
1
Jonathan A. Reardon
President
of Trustees Board
Cc: Fran Mayo
Cc: Hayes Engineering
Cc: Salem Conservation Commission
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2
CITY OF SALEM CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
& the City of Salem Wetlands Protection Ordinance
A Public Hearing will be held at the City Hall Annex 120 Washington Street, Salem; MA 01970
at:
6 pm on December 10 2009
To consider a Notice of Intent
Submitted By: Proprietors of Harmony Grove Cemetery
For the property located at #30-36 Grove Street. Salem (Assessors map 16 Block 242 Parcel
0 & 1).
For: Existing leaf storage area and plantings within 200 feet of a river.
This is a joint hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the
Salem Wetlands Protection Ordinance and Regulations. Plans are available at the Department
of Planning and Community Development at the City Hall Annex 120 Washington Street Salem,
MA from 8 am- 4 pm Monday — Wednesday, 8 am -7 pm on Thursday, and 8 am- 12 pm on
Friday. For information call the Conservation Agent at 978-619-5685.
Note: Notice of the public hearing, including its date, time and place, will be published at least a
week prior to the meeting date in The Salem News.
Note: Notice of the public hearing, including its date, time, place, will be posted on the Public
Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance.
Note: Please submit written comments to the Salem Conservation Commission City Hall
Annex 120 Washington Street Salem, MA 01970 by the public hearing date.
Comments can also be emailed. Please contact the Conservation Agent at 978-
619-5685 to confirm the proper email address.
Note: You also may contact the Salem Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information
about this application or the Wetlands Protection Act.
To contact DEP call:
Central Region: (508) 792-7650 *Northeast Region: (978) 694-3200
Southeast Region: (508) 946-2714 Western Region: (413) 784-11
l
RECEIVED
DEC 17 2009
IIEPT.OF PLAWW
COMMONWEALTH OF MASSACHUSETTS COMMUNRYDEWL
EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
- ?. 2056 LOWELL STREET, WILMINGTON, MA 01887978-694-3200
DEVAL L.PATRICK IAN A.BOWLES
Governor
Secretary
TIMOTHY P.MURRAY - LAURIE BURT
Lieutenant Governor Commissioner
DATE: December 15. 2009 Municipality SALEM
(city/town)
RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act(M.G.L. c. 131, §40):
Applicant: PROPRIETORS OF HARMONY GROVE Owner:
Address: 30 GROVE STREET Address:
SALEM,MA 01970
LOCUS: HARMONY GROVE CEMETERY '
This project has been assigned the following file# :NE 064-0495
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,
NOT APPROVAL OF APPLICATION
Although a file# is being issued, please note the following:
NOI proposal does not comply with requirements outlined in the Notice of Non-Compliance issued by MassDEP
dated September 23, 2009 and is not permittable. Per the Notice of Non-Compliance, the NO] should be revised to
properly remove of the waste and debris wtihin the wetland resource areas and full restoration. The proponent
should also inquire with MassDEP's Bureau of Waste Protection-Solid Waste for proper permits.
If you have any questions regarding this letter, please contact: PAMELA MERRILL @ (978)-694-3249
Cc: Salem Conservation Commission, 93 Washington Street, Salem, MA, 01970
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDDN 1-866-539-7622 or 1-617-574-6868.
htto://www.mass.gov/deo
Printed on Recycled Paper
Salem Conservation Commission
93 Washington Street- -
SALEM, MA 01970
e .
Carey Duques
From: Elizabeth C. Wallis [LWallis@hayeseng.com]
Sent: Wednesday, December 09, 2009 1:25 PM
To: Carey Duques
Subject: RE: Harmony Grove Cemetery
Importance: High
Carey,
I left you a phone message this afternoon and am following it up with this email. We have
reviewed the Harmony Grove DEP comments, and would like to postpone opening the hearing
scheduled for tomorrow (December
10th) until the next available Conservation Commission meeting in order give us time to
meet with the DEP reviewer to discuss how we need to address their issues relative to the
Order of Non Compliance. Please contact me or Peter Ogren as soon as possible to confirm
the continuation of the hearing. Let me know if you need a formal continuance letter for
your records.
Regards,
Libby
Elizabeth Wallis
Wetland Scientist
Hayes Engineering, Inc.
#603 Salem Street
Wakefield, MA 01880
Phone (781) 246-2800
Fax (781) 296-7596
iwallis@hayeseng.com <mailto:lwallis@hayeseng.com>
From: Carey Duques [mailto:CDuques@Salem.com]
Sent: Thursday, December 03, 2009 5:04 PM
To: Elizabeth C. Wallis
Subject: Harmony Grove Cemetery
Hi Libby,
Did you see the comments from DEP regarding the NOI at Harmony Grove
Cemetery? In case you did not they are below:
NOI proposal does not comply with requirements outlined in the Notice of
Non-Compliance issued by MassDEP dated September 23, 2009 and is not
permittable. Per the Notice of Non-Compliance, the NOI should be revised
to properly remove of the waste and debris wtihin the wetland resource
areas and full restoration. The proponent should also inquire with
MassDEP' s Bureau of Waste Protection- Solid Waste for proper permits.
Maybe we talk tomorrow morning to determine what the next steps are. I
Y 4 P
can also call DEP in the morning to see who is reviewing this project to
understand what specific concerns they may have. If possible I 'd like
to resolve this before the meeting next Thursday.
1
1
Thanks,
Carey
Carey R. Duques, AICP
Conservation Agent/Staff Planner
Department of Planning and Community Development
120 Washington Street
Salem, MA 01970
(p) 978-619-5685
(f) 978-740-0404
cduques@salem.com <mailto:cduques@salem.com>
www.salem.com <http: //www. salem.com>
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2
Massachusetts
Contact Agency for Composting Regulations:
Sumner Martinson
Department of Environmental Protection
1 Winter St.
Boston, MA 02108
Ph: (617) 292-5969
Fx: (617) 556-1049
Information Source:
Site Assignment Regulations for Solid Waste Facilities
Pertinent Legislation:
Code of Mass. Regulations 310 CMR 32.00
The following composting and related operations and activities are exempt from state solid waste site
assignments provided the operation incorporates good management practices:
* - Backyard composting;
* - Leaf composting operations;
* -Agricultural waste composting, including the processing of compostables as long as the operation is
registered and complies with the policies of the Department of Food and Agriculture;
* - Composting on industrial, commercial or institutional sites which composts less than one ton per
week;
* - Other conditionally exempted operations, including residential disposal of waste wood, and wood
chipping and shredding operations.
However,the DEP requires that all municipal and commercial leaf and yard waste composting
operations register with the DEP for the purposes of ensuring that the operations are sited and operated
in a way that doesn't cause negative environmental impacts or nuisance conditions. Guidelines for sound
operation are provided in the DEP Leaf and Yard Waste Composting Guidance Document.
Sludge, septage and compost are classified into three categories by the Department of Environmental
Quality Engineering based on such variables as concentration of heavy metals:
* - Type I may be used, sold or distributed on any site without further approval of the department and
may be used for growing vegetation.
* - Type II may be used, sold or distributed on a site only with prior approval of the department and may
be used for growing vegetation.
* - Type III may be used, sold or distributed for land application on a site with prior approval of the
department. It may be used for growing vegetation not including direct food chain crops and whose land
application to a site must be recorded in the registry of deeds in the chain of title for the site.
An approval of suitability issued by the department is required for the use or sale of compost or sludge
for beneficial purposes. Material sold as fertilizer is subject to regulations of the state's Food and
Agriculture Department.
Francis T. Mayo REC '� ��
Counselor at Law JUN (10 2010
DEPT. OF PLR. NVGt Z4,
265 Essex Street, Suite 301 COMMUMTY'Di=I t-OPMENT
Salem, Massachusetts 01970
Telephone (978) 744-1148
Facsimile (978) 744-1199
Email fmayo@ftmayo.com
June 7, 2010
Mr. Frank Taormina
City of Salem Conservation Commission
120 Washington Street
Salem, MA 01970
Re: Harmony Grove C.-meten
Dear Mr. Taormina:
Enclosed is the recording information for the Order of Conditions issued on April
26, 2010.
I would appreciate it if you would give me a call at your convenience regarding
the enclosed letter from the City of Peabody Department of Community Development
and Planning and the draft Environmental Right of Entry Agreement. Harmony Grove
has no objection to the City of Peabody, their agents and/or the Army Corps of Engineers
testing the river but we do want to make sure that anything they do does not violate our
Order of Conditions with the Salem Conservation Commission. I have informed them
that I would like to re-draft the Right of Entry Agreement to reflect this, but I wanted to
speak with you first.
Thank you for your cooperation. I look forward to hearing from you.
Very truly yours,
FTM:jl FRANCIS T. MAYO
Enc.
cc: Mr. Jonathan Reardon, President
1
Massacjiusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection - Wetlands 64-495
WPA Form 5 -Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
City/Town
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the
district in which the land is located, within the chain of title of the affected property. In the case
of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the
name of the owner of the land subject to the Order. In the case of registered land, this Order
shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the
Order of Conditions. The recording information on this page shall be submitted to the
Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
30-36 Grove Street 64-495
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Essex 29508 261
County Book Page
Harmony Grove Cemetery
for: Property Owner
and has been noted in the chain of title of the affected property in:
318 300
Book Page
In accordance with the Order of Conditions issued on:
April 26 , 2010
Date
If recorded land, the instrument number identifying this transaction is:
2010060400024
Instrument Number
If registered land, the document number identifying this transaction is:
D u�nbe
Si ure of Applicant
r
wpaform5.doc- rev.1923/08 Page 12 of 12
r
7 201f00604000�24II6k�II295I0I8�IPg!I261
00!0412010 09:09 CONDN Pe 1118
Q�
Massachusetts Department of Environmental Protection Provided by MassDEP:
\., Bureau of Resource Protection -Wetlands 64-495
1 WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
A. General Information
Important Salem
When filling 1.From: Conservation Commission
out forms
on the 2. This issuance is for
computer, (check one): a.®Order of Conditions b.❑Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do Jonathan Reardon, President of Board of Trustees
not use the a.First Name b.Last Name
return key: Proprietors -Harmony Grove Cemetery
r%
c.Organization
I1v� 30 Grove Street
d.Mailing Address
Salem MA 01970
e.City/Town L State 9.Zip Code
4. Property Owner(if different from applicant):
a.First Name b.Last Name
c.Organization
d.Mailing Address
e.Cityrrown I.State g.Zip Code,
5. Project Location:
30.36 Grove Street Salem
a.Street Address b.Cityrrown
Map 16__ 242 0 and 242 1
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d3lm24.77s -70d53m46.38s
d.Latitude e.Longitude
nyelwr S.dm• rev.122309 Page 1 or 12
s
_ _ „en ay�1 ■9�®
Prepared For:
NOTES:
1. DATUMN IS NGVD.
2. TOPOGRAPHIC INFORMATION AS A RESULT OF A FIELD SURVEY PERFORMED BY
HAYES ENGINEERING, INC. ON OCTOBER 28, 2009. a
v_
3. LIMIT OF 100-YEAR FLOOD IS TAKEN FROM FLOOD INSURANCE RATE MAP o
COMMUNITY PANEL NUMBER 250102 0001 B, MAP REVISED AUGUST 5, 1985. a
Q
4. ILEX VERTICILLATA SHALL BE PLANTED WITH BOTH MALE AND FEMALE PLANTS.
ns 23.7 3
PROPOSED SIGN GRAVES IN 23 23.2
THIS AREA RIVERFRONT AREA
� NO DUMPING" / 22 Prepared By:
\\ 13.2
X 13.2
X 12.6- /
c
X 12.4 - _ _ .. - c
X 14.5 X12.2 X12.5 x 19.720 0 � opS, M 08
N 4 N fn cn
1.2 ` x 13.3 REELINE X x 13.1 DIRT ROAD a.z a �ie.a / c U) � � E)
DIRT PROPOSED 1'+ HIGH GRASSED BERM X 14'9 / ',9 sz
ROAD 7 TO BE PLANTED WITH A MIXTURE OF , 5
X 11-2 .5 12 ARONIA ARBUTIFOLIA 'BRILLIANTISSIMA' 2 ` '8 m o m
®15.5 PAVEMENT a LL
X ,z.z ,z.a LIMIT ILEX VERTICILLATA � 7�
* " OF 200' x 12.0 MYRICA PENSYLVANICA 51 " -1-15.7
x 11.0 n.t RIVERFRONT ARF
VACCINIUM CORYMBOSUM BEECH 6' /
-A s 15.7
X 11.3 X ,1.3 � - � � -
_ X 11.2 (PLANT 6't O.C.)
NO ACTIVITY IN x ,0.8 x 11.,
PROPOSED SIGN
RIVERFRONT IN THIS ,�.`t0 x �- •13 PROPOSED 3' HIGH, 2" _1x/15.7
AREA / EDGE x 10.7 +1 .2
x 11., VINYL CLAD MESH "RIVERFRONT AREA to x ,,s s 15.1
x 11.1 DISTURB FENCE HUNG ON 4"x4„ NO DUMPING" t / Design By:
x ,1.5 x t3s ST FQ Drawn By. MEM
PLANT AREA WITH ANCE 1 RIVERFRONT AREA TO BE Qi
A MIXTURE OF x s.9 t • WOOD POSTS 9t RESERVED FOR COMPOSTING \� s
ARONIA ARBUTIFOLIA , x .1o. AREA=11,888 S.F. GABCCr Checked By: PJO
'BRILLIANTISSIMA' • PREVIOUSLY. DISTURBED. . 92t • x 1oa x ,o.o �� J2 q�C' Project File: SAL-0070
ILEX VERTICILLATA f0' / AREA TO. BE . SEEDED. WITH x 14. . x 10.3 F
MYRICA PENSYLVANICA s:e X 9'6 GRASS/WILD FLOWER SEED • °'s PROPOSED SIGN Comp. No: SAL50
VACCINIUM CORYMBOSUM x •9 MIX CONSERVATION MIX) /Rg 11: "RIVERFRONT AREA 1 \ ❑Issued For Permit
• ( �`' NO DUMPING" x u.e ❑Issued For Review
(PLANT 6't O.C.) e• X PROPOSED 3' HIGH, 2" /
VINYL CLAD MESH FENCE s Issued For Bid
DUMPED PILE 9. x Q 9.3 . Ip 1 X19 10.7 PLANT AREA WITH A MIXTURE OF A x ,0.1 EDG`STURB HUNG ON 4"x4" POSTS ❑Issued For Construction
F 11 2 ARONIA ARBUTIFOLIA 'BRILLIANTISSIMA' 084' gNCE 19.0 ❑ t o
9.5 (� O PLANT AREA WITH A MIXTURE OF
\\ ❑Not For Construction
• ,p cF ILEX VERTICILIATA PROPOSED SIG N�"�i0'3'
B ARONIA ARBUTIFOLIA 'BRILLIANTISSIMA YRICA PENSYLVANICA -'�'
\ 91' s.3 ILEX VERTICILLATA M \ "RIVERFRONT AREA x 16.8 0 0 0 0
\ O VACCINIUM CORYMBOSUM . \� 0 0 0
LIMIT F MYRICA PENSYLVANICA ' X X 9 x 10.7 NO DUMPING" N r
PROPOSED
"RIVERFRONT SIGN
AREA FRO`H'WgTE OFFER VACCINIUM.
6otY0.C.) UM 00
x n.3 (PLANT 6't O.C.) x i°.rj TREEC/NE - TREELINE x 1 . X.1\ es o
7 N O
R 141A x.e.q G' 2a o 0 0
NO DUMPING" ARK `�Yp . x 1 .6 .7 x zo.6
x, 1 .o PREVIOUSLY DISTURBED �S to. 12.6
6 C. O 20.6
s CHAIN LlllREMOVE DEBRIS AND ALLOW TO AREA TO BE SEEDED, WITH. \ 9��0�
)( FENCE REVEGEfATE. SEED AREA WITH x a, 9s ' GRASS/WILD _FLOWER. SEED Y 10• x .6
6 GRASS/WILD FLOWER SEED MIX .s -MIX. (CONSERVATION. MIX) li.>x \\
(CONSERVATION MIX) �� /Q�J(0
0
. PLANT AREA Wl�rji A MIXTURE OF X 11.4
PREVIOUSLY DISTURBED Q s o M M
x1o:3 1. ARONIA, ARBUTIFO - 7 1n "
o IA 'BRILLIANTISSIMA'
AREA TO BE SEEDED WITH.
PROPOSED SIGN ILEX VERTICILLATA x " ,
SINGLE X "RIVERFROINT AREA MYRICA 'PENSYLVANICA. RI GRASS/4 ILD 'FLOWER' SEED. E
10. LLIANTISSIMA �
YELL LINE 7� >10.2 E 1e� 9:9 . �+�� MIX CONSERVATION MIX t i m v"1
OW X X. 7 x 8 NO DUMPING VACCINIUM CORYMBOSUM ( ) x 16.7
X x s.7 e.3 0.3 (PLANT 6't O.C.).
0.3 X X 96 EDGE DISTURBANCE PROPOSED SIGN o
X
®,o. 6 CHAIN LINK FENCE X X . . 1os.
.6 OX '- X .10.0. \
VGC "RIVERFRONT AREA ��
PROPOSED SIGN UP 4896 93 15
"RIVERFRONT AREA NO DUF!PING°
�e s .s 1 NO DUMPING" W/GUY s VGC e ® .. „� - x' s _ . xs.a PINE
e EDGE z
PRIVOERFRONT (AREA _-� X 9.6 DISTURggNCE x 10.8 X 12. rn
0.3 NO DUMPING" \ ®8.7 _ �_ \ xi o
3'X3' HARMONY GROVE OA x x ,0.6 o cl
s MANHOLE / ®s` ` 6 H CV N
Q,o:, VGC UP 3037 3'X3' NG 9 \ grlV lrhl{C FENCE u o
MANHOLE Sr
x s s VGC W/GUY LE YELLOW LINA PROPOSED SIGN X _, cv E
SIDEWALK 8.2 VGC a \. "RIVERFRONT AREA v
.9 ®7s
►I 8.7 3036 NO DUMPING" tD VGC o Z
�qT NNUgC H s., \ .
ER MARK IGH \ s
0 0
SIDEWALK UP
3035
VGC Drawing Title:
�xs.3 \ x0.0
_ x 6.2 _- X10.4
7.4 UJI
LU
' I h �
LU H LLJ Ln
- o
1 O 7
3.9 M Wq ANA/0,
ul 1L \ z LLl
' / J MgRk lGy U LL.
Hof rrq s Q O O
PROPOSED 1'+ HIGH GRASSED BERM s' uGp�fJ. oyG LJ._
LOCUS
PROPOSED 3' HIGH, 2" TO BE PLANTED WITH A MIXTURE OF \fix a.1 O U W
�,\ 0 / • ARONIA ARBUTIFOLIA BRILLIANTISSIMA' \ a s o
• VINYL CLAD MESH FENCE �- Q
afp / HUNG ON 4"x4" POSTS ILEX VERTICILLATA ,*�,: Nie -
+ MYRICA PENSYLVANICA � "S%lcuda!�1a6� z z
VACCINIUM CORYMBOSUM , J O O
(PLANT 6'± O.C.) �{''
5.0
;y �Qri� 8.2o�ri Q
,^` 21 2'l
' t ;• T
o 'ter J � a .., , ' I 2
1 � • 2 2'
t1, Seal:
Drawing No..
11 = ? • r `
S D n
SECTION A-A C 1
USGS LOCUS MAP NOT TO SCALE
Scale: 1 "= 1000'±
Z
SHEET 1 OF 1
Mull NEW
Prepared For:
NOTES:
1. DATUMN IS NGVD.
2. TOPOGRAPHIC INFORMATION AS A RESULT OF A FIELD SURVEY PERFORMED BY '
�U HAYES ENGINEERING, INC. ON OCTOBER 28, 2009. o
V) 3. LIMIT OF 100-YEAR FLOOD IS TAKEN FROM FLOOD INSURANCE RATE MAP a
COMMUNITY PANEL NUMBER 250102 0001 B, MAP REVISED AUGUST 5, 1985. Q
c
3
O
Prepared By:
� 17.6 �f 23.7
- '2.3 23.2 o
\ 'a E
\ ` X13.2 �� DNN1$
lil 0 map ap (0
lA7 y
co � 11n
/ ? / Y
X 14.Y -
` 1�3�� x 1zs _ x\13.1 DIRT ROAD \\ \\ �\ o� = � � a
11.2 13y7/ `�� �• _ LgL
14.2 X 14. '4 \\ \ \ /
19.2
DIRT ROAD \�
X11.2 .6 _ / t2 � � \� \ \ 015.6 �\ .2 ` \ FAVEMENT
` x 12.2 2.4 i 1_ �� \ \ "` \\ /
` -12:7' X 12.0
REECH
\ \ �c \ / Design By:
\ X 113 \ .//. LIMIT OF 00 x 1 'z \ ^\ \ \ / Drawn By: MEM
X Its /` �
� � RN FRONT AR _ x ,t1 \� \ \ y
\ 1a 1o.e �x 11.3 �! ' - _- _ _ t� \� - - - - - - �y \ `x ,5.7 Checked By: PJO
(� �L _ - _ _
0 \\ I x 10.7 ? ' .z / \ x 11.6 \ \ \�`�,s.1 Project File: SAL-0070
DGE x 11.1 Comp. No: SAL50
� ` .
9*DISTURBANCE \ ❑Issued For Permit
\� / ✓ io., . _ :'.\`" _- x 41 a_ / - - - \\ \'\.\ ���Y ❑Issued For Review
i.' .� PR IOUSLY NGE - - - \
\� 2
`. o.s /'' RgP, X 11. .3 \ `-- \ ❑Issued For Bid
DISTURBED AREA TO /' +d.e . '�, li \ \\ \ Issued For Construction
/ 9 x 9.6 REMAIN s _ X j . c 1. 7,, ?'O,e >> \ \ \\ \ \ 136 ❑
" .-/ 0� \ / \ /. .. I ❑Not For Construction
10
DUMPED PILE 9s ' \. \ y� \ 10.7 , Q i x a t'� �._ \ '�Oc �. _ \ "ytia_ \ 1 i 1
• \ 'X.9.S F /- 10.7 .� /. I .•+
-/ � . .}�r �. /� \. , 2 , (172
19.0
x.9,6 0 . \ 0� \ _F T OF O l /.SROM IDD, ;R c . . ' PREVIOUSLY�IG` BUF �9k.9. x' .. / / / x iar DISTURBED. AREA" TOM`K � �olN x u6 / / 3 . REMAIN . x .1 \ _ LMIE. _ �. TREELINE \ . /X o. 8.9
12/ zoe
x 10.6 \ oxzo.6CNA`UNK � ! \ \ \' i'/ SEED AREA .WITH\GRASS/WILD s ,o\ \ PREVIOUSLY- \ ' .s
x FENCE a1 .sa \ . FLOWER. SEED' MIM (CONSERVATION MIX) \, . PROPOSED SWEET ' .
\ DISTURBED AREA T0. \
5;968: S.F. PEPPERBUSH. (PLANT.
• ' .REMAIN
�1� �. 5•. \ ,>� CLUMPS OF 2 "10" \ \ s \
3001
11.0' . .1\ \
INGLE YLow
x 16.7 0
/ 9
LOW LINE tp \ - x X 4A x • ' �. \ \ \. �.\ \.�\ moon o u1 a n a z°
.s 6' CHAIN LINK FENCE - - - - --- -_- -� . / / ice / gao �\��� �.� 0 O
_ - - - - _ _ _ - - UyPy �Y6 VGC`_ - ' \ fo x9.4 PINE E�
fir. \ I`- .r - -' ' -\ 9.w---
0.3
.6= ST R \ �.\ N �i
.6 9 - - - - - - - - - - - - - -\ �� ` y
- - 9- - - - - _ H_ARMONY GROVE ROAD 8 °' E �
/ _ \ I INCE \\ ^II
0.3 \
3'X3' . ` \ x�f.s 6� ui N E
axe MANHOLE / -' \ �9A _ -� g _ - UN u >
_ _ _ _ \ K 0
\ 1 u' VGC - UP 3037 3X3 Dai \ SIN VGC
Z
x9.9 ' ' VGC W/GUY MANHOLE \
\ SIDEWALK e.z VGC - 8- , \\
\ LE YELLOW LINE \ 'f 0
- O
_.._.. 5036 \
MEgN '4NNU� e'1 e.7 \ \\\ \ Drawing Title:
WATER AL HI` - X67 '� \\ \\ \ 6 - tt
K _ \ SIDEWALK \ UP � \
3035 \\ \ \
_ _ X 6-L _ _ e• VGCx- a \\ \\
_ \ W
m10.4 \�
NO - -I( 62 _ _ _ X-4.2 Z a
R T H R K7.\ WWV)
V E R o \ � Z0Q
Y" 3 \ XMe\ < 00
w
9 WA RA'Mq 0 W 0
LOCUS . , - (� J
c 4'L1
• \ F- }'
Z 0
-\ fC 5.0
ON
IL
v
\ Seal: Drawing No.:
•+ O \ (N Or d
y�t.P r 4s9
\ Or o rp y pZ C
i
6;aEN
CO A T
L USGS LOCUS MAP
a Scale: 1 1000'f SHEET 1 OF 1
Z MV-7 ao'�
Prepared For:
q
NOTES:
1. DATUMN IS NGVD.
2. TOPOGRAPHIC INFORMATION AS A RESULT OF A FIELD SURVEY PERFORMED BY
HAYES ENGINEERING, INC. ON OCTOBER 28, 2009. p
U_
3. LIMIT OF 100-YEAR FLOOD IS TAKEN FROM FLOOD INSURANCE RATE MAP a
COMMUNITY PANEL 'DUMBER 250102 0001 B, MAP REVISED AUGUST 5, 1985.
Q
L
C
3
O
� 17.5 I` 23.7 Prepared By:
IN PROPOSED SIGN "ENTERING
' TH SV ES AREA RIVERFRONT AREA" OR / Z3 zs.z c o
\ SIMILAR LANGUAGE \
\ X 13.2 C fn 00 E
O C
� Oap to
00
IS - \ \ / � Ol � N f.- 01
1� X 12.4 \ \\ \ y W 'a
OD m N
X 14.Y // - .1- - "- -- - - - \ \ 1T7 N o t
X 12.5
Q CO
11.2 ` /3� / � ,z.2 REELINE x \\\� 1 - - -- - \ \s.1\ DIRT ROAD \� 14.2 x1� .4\\ \\\ \\ �a.4\' = m3a-
RT ROAD _ - n.7 _ \\ \ �i-\ - 1ss� \ /
t2 \ \ \ 'a2 PAVEMENT\\
x 11.2 .6 / � \ \
x12.2 X-12:7' .' _� x112.0 \ \\ 1 \ "• \ \\x 5.7 \1 \ /
REEC•I"I
x 11.3 / LIMIT OF 200' X "'2 \\\ \ \ k�\ / Design By:
\ x 11.3 \ / RIVE AREA - --- - x 11.1 \ - \ \ \ / Drawn B MEM
NO ACTIVITY IN \ 1o.6 „_3 -- . - - - - - - \ y y'
RI NO ACI IN THIS 'o• . `- - - - ji1 �� " CITY OF SALEM - - - - _ / \ 'X 15.7 Checked B PJO
�` _ y PROPOSED'3-HIQH, 2 WETLAND MARKER / T' 4\ \ x y
\ Project File: SAL-0070
AREA \ i EDGE: �e ,0.7 �.\ ii 2x ,,., VINYL CLAD MESH \ io / �i.6 \\ \ s.,
Com No: SAL50
DIST(1RBANC �- FENCE HUNG ON 4"x4" \ \ RIVERFRONT AREA TO BE \ \ \ ~\ \/ �- of P'
E 11 WOOD POSTS 291 \ x ns \ s� 13•s\' �`rT FO Issued For Permit
s.D / _ RESERVED FOR COMPOSTING \ \ \ G G ❑
% jc gym., PREVIOUSLY DISTURBER \ ' t t�, - _\ AREA= El Issued For Review
/ 11 888 S.F.
AREA T0. BE. SEEDED WITH' \/' 92 �• NCE x�y : _ - - X-,oa_• . . - \ ?. \ \.���'
�x t0. - / �.� GRASS/WILD FLOWER SEED 6 i �' juR ,1i.6 . x ,j �- CITY OF SALEM . x\ \ \ \ \ F -]Issued For Bid
// D x s.6 \ MIX (CONSERVATION MIX) . 10. ,.•� pGE �\5'�. I . '. •� WETLAND _MARKER. \ \ \ /
\ ❑Issued For Construction
XX 9 :X"'40,5 /.• �/ l 7 \ \ \ X 13.6
. - x io.,' \' / , �' \ \\ _ \ / . El Not For Construction
DUMPED PILE 9.5 ' 00
D,6 x \ X 93 ` 10 _ . 10 x s. ,0.7 .'J.� . \~'� . \OC� DISTVRB \\\ /. \. \ i / II i N N
\ / L1M1 <_ 8 AIyC / I lD.o \ \
FRO T OF I x.ae O fiROPOS� SWEET 1 .z . / PROPOSED SWEET. \ 2 E x \. �. \. ! /
MGH W BUFFD. /sem PEPPE�BUSy / 'PEPPERBUSH . SALEM . �• / II
�B I CITY OF \ \ / '
AT F!� G c . QUANTI, 2 / WETLAND MARKER ,
/ ER ,p j / ! QUANTITY-PZ
X X oz x yo.7EELIQ'y
\ / 'x n:2
. x nd / / x ade Nf TREELINE \ '
PREVIOUSLY. DISTURBED .
r \ �. / �/ X 1 .6' 10.7 \ �
\ .
AREA. TO BE SEEDED�PIKH . \ . 't/i2 ' \ \ zo.e
6' �J . / . �. / , .o , x I... GRASS/WJ1.Q' OWER 'SEEQ . :� �s O<. O . c t0.s \ 20.6
Cy \ / M �G`ONSERVATION MIX) 1 C' ./ \ ' PREVIOUSLY DISTU kD \. \
� CINK .. .�. �.�J / �' �. \ \ `Fp00. EA 70' BE SEEDED W \ ' �. .� v "'
FENCE /� REMOVE DEBRIS AND ALLOW TO a' , 1 10.5 PROPOSED 'SWEET c \ ' x53.6
"\ . � -6s� --�c'D.6 � ' O' F9p P�PPERBUSH IYPI AL , G S�WILD 'FLOWER' ,EED
REVEGETATE. SEED AREA WITH �. T I ' T ) � 11� e ( . ) MI CONSEF 44110N. MIX
GRASS/WILD FLOWER SEED MIX - ' �� �. tiJ.00o.
(CONSERVATION MIX) QtUA
\ _�� �. �. _ t'a - -1 . _ - ., x n.4
X 10.3 �� �� ��. •; . � . _ \ ' \ 10.�' X 11.0 . . _ . . _\ VINY PROO,CLA- J FL�2NSF,' �-�\ \ X 1L! ,,?�X .
\ 0 \/ r CIY \ \\
SINGLE y \ \ �,A � . _ _ _ - HUNG Otyk ' POSTS r1 .\ \ \ . V
fCCOW CINE ` /o x -- -- X AK-949 X X � 9:D _. . z Dom-' \
. \ \ \ \ \X 16.7 O rn O n t0 v7 M N Z
x X-01&
\� \ \' \
EDGE 'DISTURBANCE
010. 0.3 \ \ \ 6 6' CHAIN LINK FEN93
CE X _x -
x -10.0 \ � \ \�� � \ O
\ \ _ UP 4896 � x ✓ \ O
- - - _ / - yH�� VGC \ • -��� xD.4 PINE N
.5 - 9- - - - - - -- - - - - - - - - - - - --\ �• �9-- - - _ _ HARMONY GROVE ROAD -- -8\ : - _ x_ 1 . . ' . ' . ■ 9.6 fc . .\.` \:
\ ''\ x - xD.6-- 4 �1SIURBE kto8 \ ,: N
x I E
�. \ !_X p .a
3'X3' j \ _ - - ui N E
�xrz6 \ •� `
MANHOLE - ®D° - -�. gg _ s1P s�C'H,vn, CI >
I x o u - _ _- - - - --- x a.c \_ - NK FENCE (� O 0
• i' VGC
\'\` x 9.9 , - - - UP 3037 3X3 ❑ \ \ \ C
'�•.�• \ \ SIN VC � z
VGC W/GUY MANHOLE \
SIDEWALK 6.2 V \ yfLLOW LINE
M 6.7 303-\ \\
AIV - s.,
WATER AC HI` \ \\\ \ \ \ s t� , Drawing Title:
U
MARK H _ a7 SIDEWALK \\ Up \ \ \ \
3035 \\ \
VGC \\ \\
\ \ UJI
J
m10.4 \ Z
R T H - - - _ x �2��� Z � (n
, R V44.7.4
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USGS LOCUS MAP
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Scale: 1 "= 1000'f
SHEET 1 OF 1
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Prepared For:
NOTES:
1. DATUMN IS NGVD.
2. TOPOGRAPHIC INFORMATION AS A RESULT OF A FIELD SURVEY PERFORMED BY
HAYES ENGINEERING, INC. ON OCTOBER 28, 2009. 0
U_
3. LIMIT OF 100-YEAR FLOOD IS TAKEN FROM FLOOD INSURANCE RATE MAP a
COMMUNITY PANEL NUMBER 250102 0001 B. MAP REVISED AUGUST 5, 1985.
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Prepared By:
17.5 /C 23.7
PROPOSED SIGN "ENTERINGx '23 z3.z c
` GRAVES IN RIVERFRONT AREA" OR \ / `� ow E
THIS AREA SIMILAR LANGUAGE \\ 22 / m o 8 °
N N < cm m
\\ X 13.2 / �- - -. -X 12.6 �' •,- \ \\ \/ C CO �V V v'i
X 12.4 -- - - - - - \\ \\ x y N N 00 Co L
r _ 9
X 14.Y �_ X12.5 - - - \ \\ � i .720 / >.co
x ,23. x �\ - \ x 13.1 DIRT ROAD \\ \ \ � \ lC \/ = 0 ca X_ '
11.2 ` 13�}// i ��. BEELINE \ \\- -`- - - \ \ \ 142 x 1� .4 \\ \ /
\ 16.4 �
9 X119.2 C,
DIRT ROAD �s.2 ` ' VEMENT
X 11.2 •6 �' \ \ _ \ ®1s.5y
X 12.2 ,t-12:7' :/ / _' X 12.0 \ \ \ \ \\ 15.7
\�G
BEECH/\ 7S \ \\
\ \ -X�\ / Design By:
x ns \ LIMIT F 200' x 112 \ \ Drawn By: MEM
x ,1 /
NO ACTIVITY IN \ 1� . \ RIVE AREA - -- - - -- x 11,1 \` - - - \\ \
\ ,9.6 ,x „_3 ' �/ - - _ \ \ `xy15.7 Checked 8 : PJO
RIVERFRONT IN THIS I 'o �- - - - y PROPOSED 2" CITY OF SALEM �T - _ ,4 \ y
_ 2 WETLAND MARKER / \ x 11,6 - \ \ .x 's 1 Project File: SAL-0070
AREA \ I EDGEx ,0.7 H MNYL CLAD MESH \ I
x 11.t » \ \ \ \\ �� - Comp. No: SAL50
11t. DISTUR FENCE HUNG ON 4x4 \ RIVERFRONT AREA TO BE \ ��p O Issued For Permit
BANCE 7 WOOD POSTS 29t / RESERVED FOR COMPOSTING \ x 1,.s \ 3 \ r3's\ `rGF ❑
9.8. \ 'P F
10.1 . PREVIOUSLY DISTURBED \ x .71•x- / AREA=11,888 S.F. - - _ \ \ \ .\ B ❑Issued For Review
AREA T0. BE. SEEDED WITH \/ 92f •• GE x _ - . _ - .x-,o o- - - - \ '2 \ �{, \. �O
�pN x it. \ \ \ / \ F ❑Issued For Bid
\x 10 - / \ GRASS/WILD FLOWER SEED 6 i' �uR uis . '� CITY OF SALEM .
9 x'9.8 / 1 }ytlX (CONSERVATION MIX) . ,o X �' �� ��`'� . I . \ WETLAND 'MARKER \ >> \ \\ \ \ 13� ❑Issued For Construction
( \\ \ \\ / \ >c/'. ❑Not For Construction
916 x �.�--'�. D/ /
/ DUMPED PILE 9.5 \. to _ _ . to X 9.
�S]�IRwp�''q�"" \ \ .' \' \� . 0 0
CO
X, 10.7 8� '`CE �� �' 19.0
/ FROMIT OF / X.46 / O PROPOSED SWEEt \ /.2 / PROPOSED SNIFFY. \. CITY OF SALEM. " tai. _ t \ / / I t I I I c
00• B _k/9. /sem PEPPE-9USH / 'PEPPERBUSH . -. . ' x o•y1 �' / X1 16.8 0 0
G,pOi QUANTIFf�2 / / / // QUANTITYT7 . WEFLAND .MAf. .
B9y� \\ x .. / /' / X o.3 \ Ef�l . Ih4� . 1 , / / x.17:2\�
\ / x io.7
/ F / x ad6 NE TREELINE \ NYVIe.9
PREVIOUSLY. DISTURBED. \ O. I
r y / \ AREA- TO •BE •SEEDEDH . \ . 't//� ' 20.6
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6• C �� : / '�� Jl(%(EONSERVATION .MIX) 1 �0 . . . _ \ PREVIOUSLY DISTUR Q \� . \ \. \ v. \ b N N
\ O. EA TO BE SEEDED W \ \ \ �8. I '>
UNK '. �1 �. q / . O } 10.s PROPOSED -SWEET \ ' X �3s .\ \
x FEN REMOVE DEBRIS AND ALLOW TO xa' _ 1 z PEPPERBUSH (TYPI(AL). G S/WILD FLOWER. SEED \ \
REVEGETATE. SEED AREA WITH % / -� . \ . /
GRASS/WILD FLOWER SEED MIX o - -: ' ` \ _ . O O 'rI QUANITITY. . MI (CONSERVATION. MIX) .
�. ti 00 \ \ 's
(CONSERVATION MIX) 1 \, 10 X
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\ \ \ \ \ \\X 16.7 O M 00 n c0 d• M N 6
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E YECLO 1D 2� ��_x X - -- / J 9:9 \ . \ \ \
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Drawing Title:
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Seal: Drawing No.:
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No.27145 V " V t
CIVIL
USGS LOCUS MAP /STEQ�
Scale: 1 "= 1000'±
SHEET 1 OF 1
Prepared For:
NOTES:
1. DATUMN IS NGVD.
2. TOPOGRAPHIC INFORMATION AS A RESULT OF A FIELD SURVEY PERFORMED BY
HAYES ENGINEERING, INC. ON OCTOBER 28, 2009. o
U
3. LIMIT OF 100-YEAR FLOOD IS TAKEN FROM FLOOD INSURANCE RATE MAP a
COMMUNITY PANEL NUMBER 250102 0001 B, MAP REVISED AUGUST 5, 1985. Q
Q
Q)
C:
3
O
17.s � 23.7 Prepared By:
\ PROPOSED SIGN "ENTERING
\ \
GRAVES IN RIVERFRONT AREA" OR '23 �c 23.2 c o
\ SIMILAR LANGUAGE \ \ / m o m o
22 C O 0) U
O R0 m
\ / x1J.2cin ID
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X 12.4 - -- - -- - \ \ \\ \ \ / \y/ w � N m m co
\ 7 N :.. L
x ,z. \ x ,z.s \ \ )c , .72
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11.z ` \ 13 7/ ' �� _ REELINE \ - \ DIRT ROAD \ u.z x u. .4 \\ \\ \ �ta.a� / _ (8 3: a
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DIRT //11.7 - - - _ \\ \ i�\ 9 19.2 <:
ROAD x11.2 z.a s , , t2 � � \ \\� _ \\ \ ®15. I\s.2 ` \ �� AVEMENT \� ,c9Ny/
r � x12.2 Xl �
)4 ,z:7 T x 12.0 \ \ 5T \ �c15.7
BEECH �� \ s
x ,,.3 / LIMIT OF x 11.z \ 1T \ 1c s r\ /
NO ACTIVITY IN \ x. 11� \ / 200' RIVERFRONT AREA _ _ __ _ Design By:
\ ( 10.8 �x 11.3 ' \1' - - - - "'' _ \ \ \ y Drawn By: MEM
RIVERFRONT IN THIS ,a . `� - - - " CITY OF SALEM - _ _ \
AREA I 2 PROP�ED"31FIICzH, 2 WETLAND MARKER / r' - _ X15'7 Checked By: PJO
\ -x 10.7 VINYL CLAD MESH \ \ x ,ls \ \ 15.1
EDGE � �+ x n., � / \ -- \ \ � Project File: SAL-0070
DISTURBANCE >> �- FENCE HUNG ON 4"x4" \ 291 RIVERFRONT AREA TO BE \ \ ~\ \ �- O� Comp. No: SAL50
\ WOOD POSTS / x 11.5 3
' 1o., PREVIOUSLY DISTURBED _ ......_.._.. _•.� RESERVED FOR COMPOSTING \ \ 'J 6\ \
AREA TO. BE. SEEDED WITH' ��/ 92f x "•? _� / AREA=11,888 S.F. _ - - \ \ G �' ❑Issued For Permit
i. NC,E X ie. _ - . - - - - \ \ \�? \\ \.\\��O El Issued For Review
x to / \ GRASS WILD FLOWER SEED .e i ' VR�' 166 X 11. < CITY OF SALEM x tos \ \ `- \ F ❑Issued For Bid
/ \ ( ) j j 3 .WETLAND MARKER \ \ \ \ ❑Issued For Construction
/ 9 x 9.6 /. M{X CONSERVATION MIX. to. x to / EDGE 0�5/ c. 1: \''� \ \
X ,3.8
/ \ �.• / _ 77\ \ \ \ I EJ Not For Construction
/ / -\ ./.• �7C .10,.1 \ \
9.6x9:7 ` .� �.
\ // DUMPED PILE \. �._ r \. `DGE \ 9 / .
e.5 0 _ t0 DI I o 0
LI X. 9,3 - .�. X 9. _ ,0.7 _ \ �TURB \\ �.. \ j I 1 0 0
F{0 �r OF x 9s. PROPOS SWEET 1 .2 . PROPOSED SWEET. 08� �C f � �. � / I 19.0 � �
// \ M\ FI loo. 9(/p� �9. Ois�G BUSH /� / \ \ 1 \
G PEPPERSUSH . CITY OF SALEM "yc ta3. \ \ _ \ / :/ I
/ \ATEj� QUA \2 % / / QUANTITY(=2' WETLAND MARKER '� \ x1,6.8 0 0
\MA\ 8929.3 //.
.x' _x ,,.6 1 ,/! x 0.3 x 10.7 _ X .1 , . T- .INC _ _ l \> i
/ TREELINE 1 / x.17.2
/ PREVIOUSLY. DISTURB \ , G'/1j x , s 0.7 x /
8
� t8.9
\ \
y / \ , 20.8
AREA TO BE SEEDED-11 `
/ GRASS/WIDOWER -SEE ry \ .
6'
CHA/ly \.�. ' ,/ � \. JP-- G6ONSERVATION MIX) 1\ \ �SC� .��o \ PREVIOUSLY DISTU D \� .\ \ \� ��.o.s0-\ i N N
`x K FENCE /\ REMOVE DEBRIS AND ALLOW TO a' �. �I 9.d \ ` / \ FO } t0's PROPOSED SWEET REA TO' BE SEEDED WI� \\ x 13e` , \ ' . \ ','
m \
�x�ps / \ REVEGETATE. SEED AREA WITH �. \ �:. �O' F9 �SS WILD ,FLOWER. SEED
' ..� ' T J �. �. R� PEPPERBUSH (TYPICAL). /
GRASS/WILD FLOWER SEED MIX �0 - - � O !O QUANTITY=7 MIX\ (CONSERVATION. MIX)
(CONSERVATION MIX) _ ;�.�. '�'J. p0.
\� . .•_. .\ �: .-1 - Tt0 - -�� . _ 1 X 11.4 \
I x ,0:3 ' io.� x ,i.o ` PROPOSED 3"Ftf611 .2w _ x 1,17
s SING ` \ \ \ �� \ \ VINYL CLAD MESH .FENGE_.. ^. �.
LE \ l HUNG ON 4'x4,' POSTS i
YECLOW LINE \ � 70 -_ x x k� x x91 9:9 \ t't \ ` �\ . �\ � x 1s.7 0 01 ro n10 a�n ai 6
/ x tf - x - -x 9.3 _ . . EDGE DISTURBANCE L . .3 1. \ \.� .���
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VGC W/GUY MANHOLE \ YELL \
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8.7 3036• \\\UP, t0 - - - - O °
ANN
ER ��K I` X-&.7 9.1 �,a. \ \ \\\ \ \ \ \ s Drawing Title:
\ \ SIDEWALK \ \ UP \ -
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N 0 R T - - � 6.2- _ _
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USGS LOCUS MAP " fl No 27145 V y
Scale: 1 "= 1000 ( STEP ���Q
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SHEET 1 OF 1
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