64-464 - 8 HARBOR VIEW TERRACE - CONSERVATION COMMISSION ` '9�W of Vi2tjJ (21(C�C, A6—r.
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CITY OF SALEM
CONSERVATION COMMISSION
August 10, 2010
David Pabich
8 Harbor View Terrace
Salem, Massachusetts 01970
Re: Order of Conditions—DEP#64-464— 8 Harbor [view Terrace, Salem, Mass —
Beach Nourishment Project
Dear Mab.
Please t advised that the Order of Conditions for the above referenced project expires on
October 25, 2010. If this project is complete, you should submit the enclosed Request for
Certificate of Compliance Form and associated reports and/or plans to the Salem Conservation
Commission.
If this project has not been completed, than you must submit a written request for an extension
permit for the above referenced Order of Conditions to the Commission at least 30-days prior
to the expiration of the Order, as required in the Wetland Protection Act. If the project has not
been completed and your Order of Conditions expires, you will be required to file a new Notice
of Intent to complete the remaining work that was previously approved.
If you have any questions please feel free to contact me at 978-619-5685 or via e-mail at
f taormina(gsalem.com
Sincerely,
Yank Tao ina
r/Harbor Coordinator
Interim Conservation Agent
Enclosures
CITY OF SALEM
`�"97LVit�
CONSERVATION COMMISSION
October 26, 2007
David Pabich
8 Harbor View Terrace
Salem, MA 01970
Re: Order of Conditions—DEP #64-464
8 Harbor View Terrace, Salem,Massachusetts
Dear
Mr.
��
Enclosed,please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of November 5, 2007), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds (36
Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order,
which will indicate to the Commission that the document has been recorded.
As indicated in the Order,prior to any work commencing:
1. this Order must be recorded,
2. a sign shall be displayed showing DEP File #64-464 within public view, and
3. contact me at least 48 hours prior to any activity to schedule a pre-construction
meeting to review the Order with your hired contractor.
If you have any further questions,please feel free to contact me 978-619-5685.
Sincerely,
Carey D ques
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: Salem
When filling From: t,Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not David Pabich
use the return a. First Name b.Last Name c.Company
key. —�� 8 Harbor View Terrace
�`IAV d. Mailing Address
Salem MA 01970
e.CitylTown f.State g.Zip Code
4, Property Owner(if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e. City/rown f.State g.Zip Code
5. Project Location:
8 Harbor View Terrace Salem
a.Street Address b.City/Town
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e.Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
a.County b.Certificate(if registered land)
c.Book d. Page
7. Dates: July 11, 2007 October 25, 2007 October 26, 2007
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Plan Accompanying Petition of David Pabich, 8 Harbor View Terrace Salem, Massachusetts for
Existing Sea Wall and Beach nourishment CH91 License Sheets 1, 2, and 3 of 3
David Pabich David Pabich
b.Prepared By c.Signed and Stamped by
Aptil 10 2007 various
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
w aform5.Coc• rev.3/1105
p Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the informationP rovided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution
d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
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 these interests, and a
final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the 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
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linearfeet b.linearfeet 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 a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cuyd dredged f.cu.yd dredged
wpaforo 5.doc• rev.311105 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage ecubic feet f.cubic feet g.cubic feet h.cubic feet
a. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft
g.square feet h.square feet I.square feet j.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.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ® Coastal Beaches 3500 3500 22 22
a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. F-1Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpafcra .doc- rev.311105 Page 3 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" for, VA DEP"]
"File Number 64-464 "
wpaform5.tloc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the enter to right g e er and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned oned b
Y
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate
of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
space for
additional
conditions,
select box to
attach a text
document
wpaform5.doc• rev.311105 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands - DEP File Number:
WPA Form 5 — Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following conditions
and with the Notice of Intent referenced above. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the
conditions shall control.
If you need more
space for c. The special conditions relating to municipal ordinance orb law are as follows:
additional
conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local
select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document ❑
wpaforrr6.doc• rev.311105 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special (acy, JG 2001
condition pursuant to General Conditions#4,from the date of issuance. t.Date of issuance
Please indicate the number of members who will sign this form: five (5)
This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signature22)
j�
(it 9-4,,mrn� a- 6-A� �41
nrV
c
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
On this 25 of October 2007
Day Month Year
Before me, the undersigned Notary Public, K. Cornacchio, M. Blier, K. Glidden, D. Summer,
personally appeared A. Hamilton
proved to me through satisfactory evidence of identification, which was/were
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of Salem Conservation Commission
City/Town
411 t.AREIf R.ta000E8
ii
Illy,
ny
Signature 7 Notary Public
Carey R. Duques
Printed Name of Notary Public
16 13
Place notary seal and/or any stamp above August
My Commisssioonn Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on ZI by certified mail, return receipt requested,on
�r fie/ 1A Zoa�
Date Date
wpaform5.tloc• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP File Number:
WPA Form 5 - Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
est theappropriate DEP Re ional Office to issue a Superseding Order of Conditions.
their right to requg
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
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
Section G, Recording Information is available on the following page.
wpafcrm5doc• rev.311/05 Page 8 of
Massachusetts Department.of Environmental,Pmtection
Bureau of Resource Protection - Wetlands "`"" " ` DEP File Number:'`^^ °�^
WPA Form 5 - Order of Conditions 64-464
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of this form shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
8 Harbor View Terrace 64-464
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
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
wpafcrn 5 doc• rev.3/1105 Page 9 of 9
Attachment to Order of Conditions # 64-464
Page lof 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-464
8 Harbor View Terrace
City of Salem,Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Venial Pools Map (June 1, 2003) from Natural
Heritage & Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
venial pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
This Order permits the nourishment of an existing beach with approximately 22 cubic yards of sand. The
nourishment sand is to have compatible grain size to existing sand. A total 3,500 sq ft of coastal beach will be
impacted for the above referenced project. The Commission approved the project so long as the applicant receives
all necessary, state, federal, and local permits prior to the start of work. The applicant shall send copies of permits
obtained from state, federal, and local agencies, to the Conservation Commission upon receipt. All approved work
shall be completed during low tide and during good weather conditions and all equipment shall be removed from the
beach when not in use.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
submitted to the Salem Conservation Commission before any work approved in this Order
commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-464, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order, the Commission designates the Salem Conservation Agent as its agent with
powers to act on its behalf in administering and enforcing this Order.
Attachment to Order of Conditions# 64-464
Page 2of 5
7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,
Section 40,the Wetlands Regulations 310 CMR 10.00,and the Salem Wetlands Ordinance,and shall have
the right to require any data or documentation that it deems necessary for that evaluation.
8. The term"Applicant"as used in this Order of Conditions shall refer to the owner, any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 2 1 A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR
744.).
10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule.
11. All work shall be performed so as to ensure that there will be no sedimentation entering into wetlands
and surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Plan Accompanying Petition of David Pabich 8 Harbor View Terrace Salem, Massachusetts
for Existing Sea Wall and Beach nourishment CH91 License Sheets 1, 2, and 3 of 3
(Title)
April 10 2007
(Dated)
David Pabich
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with)
Attachment to Order of Conditions# 64-464
Page Sof 5
15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved
plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number#47 as indicated shall continue in force beyond the Certificate of Compliance,in
perpetuity,and shall be referenced to in all future deeds to this property.
PRIOR TO CONSTRUCTION
18. Prior to the commencement of any activity on this site other than activities listed above,there
shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the
work, and a member of the Conservation Commission or its Administrator to ensure that the
requirements of the Order of Conditions are understood. The staked erosion control line shall be
adjusted,if necessary, during the pre-construction meeting. Please contact the Conservation Commission
Agent at(978) 619-5685 at least forty-eight(48)hours prior to any activity to arrange for the pre-
construction meeting.
19. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and
erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The
Commission and/or its Administrator shall inspect and approve such installation at the pre-construction
meeting.
20. No clearing of vegetation,including trees, or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project; the Commission may require additional measures.
22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated 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. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
Attachment to Order of Conditions k 64-464
Page 4of 5
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
26. Within thirty(30)days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer that two(2)months, a temporary cover of rye or other grass should
be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,
exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. All waste products,grubbed stumps,slash; construction materials, etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
32. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L Chapter 21 A,section 16.
AFTER CONSTRUCTION
38. Upon completion of construction and final soil stabilization,the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
Attachment to Order of Conditions# 64-464
Page 5of 5
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs,including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings, septic system components,wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
39. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
40. If the completed work differs from that in the original plans and conditions, the report must specify how
the work differs; at which time the applicant shall 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.
41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorized their removal.
ADDITIONAL CONDITIONS
42. Applicant shall receive all necessary, state, federal, and local permits prior to the start of work.
43. The applicant shall send copies of permits obtained from state, federal, and local agencies, to the
Conservation Commission upon receipt.
44. All approved work shall be completed during low tide and during good weather conditions and all
equipment shall be removed from the beach when not in use.
CITY OF SALEM
CONSERVATION COMMISSION
PROJECT LOCATION: -8 t' O'(' VIP U) DATE OF SITE VISIT
PROJECT PROPONENT• ,Vi 7pa _
DEP FILE NUMBER: ,S t _
PROPOSED WORK: [` )&Ari pt
INATT END
AIVCE' aaF" r _ ISM !0—Wr �Y "
Commission Members/Agent:
Abutters:
i
Applicant/Property Owner/Representative:
SITE ViSzi PURPOSE r
Request for Determination El Abbreviated Notice of Resource Area Delineation Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation
Emergency Informal
AREAS OF]URISDICTION: = „ ° ?stip ,
INLAND RESOURCE AREAS
COASTAL RESOURCE AREAS
❑Bank
Land Subject to Coastal []Land Under the Ocean
❑Bordering Vegetated Wetland Storm Flowage
❑Land Subject to Flooding Designated Port Area Coastal Beach
ElLand Under Water Bodies or Waterway El Coastal Dune ❑Barrier Beach
Name:
❑ Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area
Q Salt Marsh E] Land Under Salt Pond
❑Vernal Pools
Land Containing ED Anadromous/Cata-
Shellfish dromous Fish Run
❑Bordering Vegetated Wetland in Coastal Area
120 W.A3H7:NOTON STRUT, SALEM, ,MASSACHUSETTS 01970 . TEL: 978.745.9595 Fax: 978.740.0404 4 WWW.SALEM.COM
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune
❑Protection of Water Supply ❑ Protection of Groundwater Supply ❑Flood Control
❑Storm Damage Prevention ❑Prevention of Pollution E]Protection of Fisheries
❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project: If so,why?
Are resource area boundaries delineated correctly? If not,explain.
❑Photos ❑ Site Map - ❑Other:
OBSERVATI6DO &I KMUMMM
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, raze species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent
''land uses. 11 ) _ A �j
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RECOMMENDATIONSMJJJ�..�-�_�+�.. 5�� �f,x.�..�.,
7i fnfvo�. .95 (�D .
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document TransactionNumber.
C /Town
f
Whenfilling out A. General Information --
When
forms on the
computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator I VE
only the tab key ,�v
to move your 8 Harbor View Terr Salem J U L 1 7'0'WJ'fU
cursor-do not
use the return � P a.Street Address b.C /Town a Zi Code
key. DEPT. OF PLANNING&
Latitude and Longitude: MM MENS--
. d. Latitude . L �
tFi"D 32 387
f.Assessors Map/Plat Number g.Parcel/Lot Number
2, Applicant:
David Pabich
a. First Name b. Last Name c.Company
Note: 8 Harbor View Terrace
Before d:Mailing Address
completing this Salem MA 01970
form consult
your local e.City/Town f.State g.Zip Code
Conservation 978 744-7558 dpabich@salemrenewal.com
Commission
regarding any h.Phone Number i.Fax Number I.Email address
municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner
or ordinance.
a. First Name b. Last Name c.Company
d. Mailing Address
e.City/Town I.State g.Zip Code
h.Phone Number i. Fax Number j.Email address
4. Representative (if any):
a. Firm
b.Contact Person First Name c.Contact Person Last Name
d.Mailing Address
e.City/Town f.State g.Zip Code
h. Phone Number i. Fax Number I. Email address
5. Total.WPA Fee Paid (from NOI Wetlan(Wee Transmittal Form):
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
6. General Project Description:
Nourishment of existing beach with approx. 22 cubic yards of sand. Nourishment sand to have
compatible grain size to existing sand.
wpaform3.doc•rev. 11/30/06 Page 1 of 9
LlMassachusetts Department of Environmental Protection Provided by DER'
Bureau of Resource Protection - Wetlands DEP File Number .
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSq 1-01
Cityfrown
A. General Information (continued)
7. Project Type Checklist:
a. ® Single Family Home b. ❑ Residential Subdivision
c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial
e. ❑ Dock/Pier f. ❑ Utilities
g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry
i. ❑ Transportation j. ❑ Other
8. Property recorded at the Registry of Deeds for:
Essex 514
a.County b. Page Number
18625
c.Book d.Certificate#(if registered land)
9. Has work been performed on the property under an Order of Resource Area Delineation involving
Simplified Review within 3 years of the date of this application?
a. ❑ Yes b. ® No
If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the
50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order
of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of
Compliance, whichever is later.
10. Buffer Zone Only-Is the project located only in the Buffer Zone of a bordering vegetated wetland,
inland bank, or coastal resource area?
a. ❑ Yes-answer 11 below, then skip to Section C.
b. ® No-skip to Section B.
11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable
adjacent resource area (check one):
a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area
The distance between the closest project disturbance and the associated resource area is:
d.linear feet
wpaform3.doc•rev. 11/30/06 Page 2 of 9
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSr�L�I -
City(rown' c
B. Resource Area Effects
1. Inland Resource Areas
Check all that apply below.Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including
standards requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction
number a. ❑ Bank 1.linear feet 2. linear feet
(provided on b. ❑ Bordering Vegetated
your receipt
page)with all Wetland 1.square feet 2.square feet
supplementary
information you c. ❑ Land Under 1.square feet 2.square feet
submit to the Waterbodies and
Department. Waterways
3.cubic yards dredged
d. ❑ Bordering Land
Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced
e. ❑ Isolated Land Subject
to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced
f. ❑ Riverfront area 1.Name of Waterway(if available)
❑For projects 1. Width of Riverfront Area (check one):
impacted by the
riverfront area ❑ 25 ft. - Designated Densely Developed Areas only
and a buffer
zone of another
resource area, ❑ 100 ft. - New agricultural projects only
add 50%to the
total fee. ❑ 200 ft. -All other projects
2. Total area of Riverfront Area on the site of the proposed project: Square Feet
3. Proposed alteration of the Riverfront Area:
a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft.
a. Has an alternatives analysis been done and is it attached to this NO]? ❑ Yes❑ No
5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No
wpaform3.doc•rev. 11/30/06 Page 3 of 9
LlMassachusetts Department of Environmental Protection Provided by DER:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. o. 131, §40 Document Transaction Number
City/Town
B. Resource Area Effects
2. Coastal Resource Areas:
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction
number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
(provided on
your receipt b. ❑ Land Under the Ocean
page)with all 1.Square feet
supplementary
information you 2.Cubic yards dredged
submit to the
Department. c. El Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes
below
3500 22
d. ® Coastal Beaches
1.Square feet 2.Cubic yards beach nourishment
e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment
f. ❑ Coastal Banks 1.Linear feet
g. ❑ Rocky Intertidal Shores 1.Square feet
h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation
i. ❑ Land Under Salt Ponds 1.Square feet
2.Cubic yards dredged
j. ❑ Land Containing
Shellfish 1.Square feet 2.Square feet restoration, rehab.
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.Cubic yards dredged
I. ❑ Land Subject to Coastal
Storm Flowage 1.Square feet
3. Limited Project:
Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
a. ❑ Yes ® No If yes, describe which limited project applies to this project:
b.Limited Project
wpaform3.doc•rev. 11/30/06 Page 4 of 9
t
Massachusetts Department of Environmental Protection Provided by DEP
L7 Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
.SL4LCM
City/Town
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your
document (attached)
transaction 2. ❑ DEP BVW Field Data Form (attached)
number
(provided on
your receipt 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached)
page)with all
supplementary
information you 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation):
submit to the
Department. a. ❑ 50%or more wetland indicator plants
b. ❑ Saturated/inundated conditions exist
For all projects c. ❑ Groundwater indicators
affecting other d. ❑ Direct observation
Resource Areas,
please attach a e. ❑ Hydric soil indicators
narrative f. ❑ Credible evidence of conditions prior to disturbance
explaining how
the resource 5. Other resource areas delineated:
area was
delineated. D. 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 htto://www.mass.gov/dfwele/dfw/nheso/nhregmap.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
Route 135, North Drive
b.Date of map Westborough, MA 01581
If yes, the project is subject to Massachusetts Endangered Species Act(MESA) review(321 CMR
10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete
Section D.1.A, and include requested materials with this Notice of Intent(NOI); OR complete Section
D.1.B, 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).
A. Submit Supplemental Information for Endangered Species Review
❑ Percentage/acreage of property to be altered:
(1)within wetland Resource Area percentage/acreage
(2) outside Resource Area percentage/acreage
❑ Assessor's Map or right-of-way plan of site
wpaform3.doc•rev. 11/30/06 Page 5 of 9
Massachusetts Department of Environmental Protection Provided by DEP;
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ALCM
Cityrrown
D. Other Applicable Standards and Requirements (cont)
® 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'•
❑ Project description (including description of impacts outside of wetland Resource Area&
Buffer Zone)
❑ Photographs representative of the site
❑ MESA filing fee(fee information available at:
http://www.mass.gov/dfwele/dfw/nhesp/nhenvmesa.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:
❑ Vegetation cover type map of site
❑ Project plans showing Priority& Estimated Habitat boundaries
B. OR Check One of the Following
❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption
applies. (See 321 CMR 10.14, hftp://www.mass.gov/dfwele/dfw/nhesp/nhenvexemptions.htm)
❑ Separate MESA review ongoing.
NHESP Tracking Number Date submitted to NHESP
❑ Separate MESA review completed.
Include copy of NHESP"no Take" determination or valid Conservation & Management Permit
with approved plan.
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP
review(see www.nhesp.org 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.
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. ® 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-
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
b. ❑ Not applicable—project is in inland resource area only
wpaform3.doc•rev. 11/30/06 Page 6 of 9
Massachusetts Department of Environmental Pro Provided by DEP:
p Protection
7Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number17--AL_0 L
City/rown
D. Other Applicable Standards and Requirements (cont)
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act M.G.L130, ?
document ( . c. § 105)
transaction
number a. ❑ Yes ® No
(provided on 5. Is any activity within any Resource Area or Buffer Zone exempt from performance-standards of the
your receipt
page)with all wetlands regulations, 310 CMR 10.00.
supplementary
information you a. ❑ Yes ® No If yes, describe which exemption applies to this project:
submit to the
Department.
b. Exemption
6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No
If yes, stormwater management measures are required. Applicants should complete the Stormwater
Management Form and submit it with this form.
b. If no, explain why the project is exempt:
Single family project
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users:Attach the document transaction number(provided on your receipt page) for any of the
following information you submit to the Department.
1.® USGS or other map of the area(along with a narrative description, if necessary)containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
z. ® Plans identifying the location of proposed activities(including activities proposed to serve as a
Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. 0 Other material identifying and explaining the determination of resource area boundaries
shown on plans(e.g., a DEP BVW Field Data Form).
4. ❑ List the titles and dates for all plans and other materials submitted with this NOI.
5. ® If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
wpaform3.doc•rev. 11/30/06 Page 7 of 9
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSALCM
Cityrrown
E. Additional Information (cont.)
8. ❑ Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Management Form, if needed.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal
Form).
No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth,
federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts
Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form)to confirm fee payment: /
1. Municip�C�c�umber 2.Chec���
�1c 0
3.State Check Number 4.Check date
Z,qv l� ��7G�
5.Payor name on check:First Name 6. Payor name on check:Last Name
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in a ance ith the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify u der penalti s of perjury that all abutters were notified of this application, pursuant to the
requirements of L. c. 1, §40. Notice must be made in writing by hand delivery or certified mail
(return receipt r to to all abutters within 100 feet of the property line of the project location.
Signature of Applicant
—Date
Signature
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;
two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment
must be sent to the Conservation Commission by certified mail or hand delivery.
For DEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy
of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be
sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit
these electronically.)
wpaforrn3.doc•rev. 11/30/06 Page 8 of 9
LlMassachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
City/Town
G. Signatures and Submittal Requirements (cont.)
Other:
If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc•rev. 11/30/06 Page 9 of 9
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A
O�
8 Harbor View Terrace—area of proposed beach nourishment
View from South
1
5 �
F
8 Harbor View Terrace—area of proposed beach nourishment
View from South
DAVID A PABICH 53-7214/2113 497
HEATHER PARRY 003063906
8 HARBORVIEW TERRACE
i W SALEM, MA 01970 DATE I6
PAY TO THE/'J� M/,yn� /a QV.' •'"
ORDER OF W� �-/�6+' �• .UC
lie "fatbeq�/wo
$ p
§ '� DOLLARS IS
BEVERLY o.•pm .
6
COOPERATIVE
BA1VH ea"eM.MA 01915
MEMO
1: 211372 i4 Si 0030639OP3 04 7
DAVID A. PABICH _— — 53��43 - —498
HEATHER PARRY
8 HARBORVIEW TERRACE
SALEM, MA 01970 DATE
F���
TO THE /� ///���.50ER OF Ci // t
a �V
�$ �Woafti)gco �VVD DOLLARS.
BEVERLY -
COOPERATIVE
I ° BANK 8ft",MA 01915
L76 i
il
___
372i4Si: 0O3063906u• 04 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Applicant:
computer, use
only the tab David Pabich
key to move a. First Name b.Last Name c. Company
your cursor- 8 Harbor View Terrace
do not use the d. Mailing Address
return key. Salem MA 01970
e.Cityrrown f.State g.Zip Code
(978)744-7558
h.Phone Number
2. Property Owner(if different):
a. First Name b. Last Name c.Company
d.Mailing Address
e.City/Town f. State g.Zip Code
h.Phone Number
3. Project Location:
8 Harbor View Terrace Salem
a. Street Address b.Cityrrown
To calculate B. Fees
filing fees, refer
to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4):
fee list and
examples in the The fee should be calculated using the following six-step instructions for 9 9 p process and worksheet. Please see
filling out WPA Instructions before filling out worksheet.
Form 3(Notice of
Intent). Step VType of Activity: Describe each type of activity that will occur in wetland resource area and
buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per
category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
Wpalortn3Moc•N01 W.O.M Fee Transmittal Forth•rev.TIM5 Pge t of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
Step 5/Total Project Fee: 71 Soo
Step 6/Fee Payments:
Total Project Fee: a. tai 59m�step 5
State share of filing fee: b.1 to ,fee,ess 1z.5o
vz-
Citylrown share of filling fee: 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.
c.) To DEP 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.)
Wpalonn3.dm•NOI Wetlaad Fee Transmittal Form•rev.3 1 M Page 2 0 2
I HEARBY CERTIFY THAT THIS PLAN WAS
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N°.41343 SHEET 3 OF 3
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0NA, $ ponying Petition of
avid Pabich,
l 8 Harbor View Terrace
Salem, Massachusetts
for
Existing Sea Wall and Beach
Nourishment CH91 License
I HEARBY CERTIFY THAT THIS PLAN WAS
PREPARED IN ACCORDANCE WITH THE RULES
AND REGUCAI°iGONS OF THE REGISTRY OF
DEEDS.
I
PAMCH /
No,41343
`4*1ON AI Ev
REGISTEIED''PROFESSIONAL ENGINEER
REFERENCES:
1 ) DEED BOOK 18625 PAGE 5141 .F
2) PLAN BOOK 64 PLAN 19 DA yGr
3) PLOT PLAN IN SALEM MAP 32 LOT 377 rms�s N
MASSACHUSETTS, LE BLANC 4F9 a
SURVEY, JAN. 18, 2006 ROBERT /HEISKELL 9�Fss1g$rL¢N��w
NOTE: ELEVATIONS IN NGVD 9 HARBOR VIEW TERR. �.t
T W DEED BK. 23387 PG. 182
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Plan Accompanying Petition of
David Pabich,
8 Harbor View Terrace
Salem, Massachusetts
for
Existing Sea Wall and Beach
Nourishment CH91 License
F
I NEARBY CERTIFY THAT THIS PLAN WAS
PREPARED IN ACCORDANCE WITH THE RULES
AND REGULATIONS OF THE REGISTRY OF
DEE
, eb.. TM.SS
REGIST RED PROF SIGNAL ENGINEER
HARBOR
MAP 3//2 LOT 379 r VIEW
TERR
CHRISTOPHER KENT 9
6 HARBOR VIEW TERR.
REFERENCES: DEED BK, 21737 PG, 499 STIE
1) DEED BOOK 18625 PAGE 514 _ }
2) PLAN BOOK 64 PLAN 19 i f ,t — SALEM,
3) PLOT PLAN IN SALEM HARBOR
MASSACHUSETTS, LE BLANC
SURVEY, JAN. 18, 2006
NOTE: ELEV NGVD LOCUS
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IN = 30-FEET SHEET 1� OF 3
Plan Accompanying Petition of
David Pabich,
8 Harbor View Terrace
Salem, Massachusetts
for
Existing Sea Wali and Beach
Nourishment CH91 License