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64-486 - 488 HIGHLAND AVENUE - CONSERVATION COMMISSION Avt, ILI , Ll Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 DEVAL L PATRICK - RICHARD K SULLIVAN JR. Governor Secretary TIMOTHY P.MURRAY KENNETH L.KIMMELL Lieutanant Governor Commissioner January 4, 2012 In the Matter of Docket No. WET-2011-035 Camp Lion of Lynn, MA File No. 064-0486 Salem FINAL DECISION I adopt the Recommended Final Decision of the Presiding Officer. The parties to this proceeding are notified of their right to file a motion for reconsideration of this Decision, pursuant to 310 CMR 1.01(14)(e). The motion must be filed with the Case Administrator and served on all parties within seven business days of the postmark date of this Decision. A person who has the right to seek judicial review may appeal this Decision to the Superior Court pursuant to M.G.L. c. 30A, §14(l). The complaint must be filed in the Court within thirty days of receipt of this Decision. Kenneth Kimmell ". Commissioner This information is available in alternate format Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1.866-539-7622 or 1-617-574-6868 MassDEP Website:v .mass.gov/dep Printed on Recycled Paper - . SERVICE LIST Applicant: Camp Lion of Lynn, Mass., Inc. Representatives: Joseph M. Sano, Esq. 73 North Common Terrace Lynn, MA 01902 e-mail: sano8386@verizon.net; Thomas G. Kennedy, President Kennedy Development Group, Inc. 77 Coppermine Road Topsfield, MA 01983 e-mail: kdggn,kennedydev.com; Dennis Lowry AECOM 250 Apollo Drive Chelmsford, MA 01824 e-mail: Dennis.Lowry@AECOM.com; Legal representative: None identified in Appeal Notice; Petitioner: Belleaire Avenue Realty Trust; Legal representative: Thomas C. Demakis, Esq. Demakis Law Office,P.C. 56 Central Street Lynn, MA 01901 e-mail: tdemakis@demakislaw.com; The Local Conservation Commission: City of Salem Conservation Commission c/o Tom Devine 93 Washington Street Salem, MA 01970 e-mail: tdevine@salem.com; Legal representative: None identified in Appeal Notice; [continued next Pagel _ [continued from preceding page] The Department: Rachel Freed MassDEPBureau of Resource Protection 205B Lowell Street Wilmington, MA 01887 e-mail: Rachel.Freed@state.ma.us; Legal Representative: Elizabeth Kimball, Senior Counsel MassDEP/Office of General Counsel One Winter Street Boston, MA 02108 e-mail: Elizabeth.Kimball@state.ma.us; �1 I JUN 2 Q M, DEPT.OF PLANNING& COMMUNITY DEJE Os ^ENT SEEKAMP'ENVIRONMENTAL U�q ROIAe 125, KiugslLm, 1�1 CONSULTING INC. Tcl. 603.642.3300 '(7a,c % bz i ofj ,Tune 14, 2011 .Till Provencal Wetlands Program—DEP NERO 205 B Lowell Street Wilmington, MA 01887 Re: 488 Highland Avenue, Salem MA, SORAD DEP File # 064-0486 Dear Ms. Provencal: I have prepared this cover letter in response to your request for data sheets in support of our contention that areas identified as intermittent stream `Bank" are more appropriately identified as Bordering Vegetated Wetlands. I would also like to take this opportunity to correct a misrepresentation of what transpired on May 25, 2011 that was in a letter to you from AECOM and dated May 27, 2011. I was at the camp on May 25th to follow-up on information that I had already sent to you (i.e. extent of BV W). Upon arriving at the camp I went to the camp office and asked for permission to do the follow-up work(data plots that you requested) and said that I was ..." working for Tom Demakis, an abutter". Then I gave them my business card so they would know who I was. Since I was not there to gather new information I did not feel it necessary to inform the Camp's consultant that I was there. With regard to the technical aspects of AECOM's letter they have paraphrased the definition of`Bank" in 310 CMR 10.54 (2).(c) which states: The upper boundary of a Bank is thefirst observable break in the slope or the mean annual,/lood level. Whichever is lower. The lower boundary of a Bank is the mean annual low,/low level. And they also reference the following verbiage from the definition of"Bank" in 310 CMR 10.54 (2)A 1 4 Bank may be partially or totally vegetated.... When applied to an intermittent stream where there is no mean annual low flow level this, in AECOM's interpretation, means that; since the bank starts on one side of the wetland (that has a stream flowing through it) at the first break in slope or mean annual flood level, whichever is lower, and extends down the bank, then runs horizontally to the other side of the wetland, up the bank to the mean annual flood level or first break in slope, whichever is lower. Under this scenario any BV W with a stream meandering through it could potentially be classified as `Bank". A Bordering Vegetated Wetland is described in the Massachusetts Wetlands Protection Act M.G.L. c. 131 § 40 regulations 310 CMR 10.55 (2)Definition. Critical Characteristics and Boundary. (c) Bordering Vegetated Wetlands are freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of freshwater• wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated Wetlands are areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants... .... If you compare the two definitions there does seem to be some overlap. What is missing in this comparison is the fact that an intermittent stream only has one `Bank"where a perennial stream has two, one on either side of the land below the mean annual low water level (Land Under Water). The reason for this difference is the lack of a mean amoral low water level in an intermittent stream. It is for this reason that an intermittent stream is customarily characterized as a single line on a plan. This line is depicted as running down the center of the channel and represents the one `Bank"of an intermittent stream. In my previous analysis of the subject stream I concede that there are areas of the channel that lack hydrophytic vegetation due to scouring and therefore cannot be considered as BV W. We have identified and quantified those areas in our previous correspondence with you dated May 9, 2011. With regard to the photographs and video that were provided to me by Mr. Tom Demakis (Appellant) showing what appears to be channelized flow connecting wetland C with the 2 A/B wetland, I do not believe that the regulations provide for any seasonal flow criteria when determining mean high flood level as AECOM contends. The photographs and video that have been submitted to the DEP and copied to the applicant's consultant show a narrow flow-path more characteristic of channelized flow than a wide swath of overland flow as is stated by AECOM. This flow is not confined to the period of early snow-melt but persists into the growing season and re-occurs whenever there is a significant rainfall event. It is unlikely that there was any frozen ground under the two- foot+ snow pack in the woods this past winter so 1 believe that the flow shown in the pictures represents high groundwater discharge from wetland-C and along the channel itself. The attached data plot information was gathered on May 25, 2011. Representative areas were selected within areas that AECOM identified as"Bank". The plot size was adjusted to a 15 foot radius for the tree strata to more accurately reflect the conditions within the BV W. I have marked up an 8 1/2" x I l" section of AECOM's ANRAD plan that they sent to me dated 5/25/11. I do this to avoid confusion, as I found several flags with the same numbers on them in the field. Sincerely, Seekamp Environmental Consulting, Inc. Michael Seekamp Senior Wetland Scientist c. Thomas Demakis, P.C. Terry Gensel, ENSR/AECOM Camp Lion of Lynn Mass Salem Conservation Commission 3 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Thomas Demakis(appellant) Prepared by: Michael Seekamp Project location:488 Highland Avenue. Salem MA DEP file #:SORAD DEP File#064-0486 Check all that apply: SEC job# 10055 ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and 11 ❑ Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot#: 1 Transect#: 1 Adjusted plot size? ®Y ❑N In what layer? Tree Distance to flag# BK-6 is 12.5 feet. Distance to flag# BK-20 is 12.5 feet. Data plot date:5/25/11 Delineation date:review 11/15/10 A. Stratum and Plant Species B. Percent C. Percent D. Dominant E. Indicator Cover Dominance Plant Cate o Herbaceous S ha num moss Sphagnum alustre 100 77 Y OBL Swamp candles L simachia terrestris 30 23 Y OBL Shrub Sweet pepperbush Clethra alnifolia 50 45 Y FAC+ Willow Salix s . 40 36 Y FACW Red maple Acer rubrum 30 27 Y FAC Sapling Gray birch Betula populifolia 20 40 Y FAC Willow Salix Sp. 30 60 Y FACW 'Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL 031,s.40);plants in the genus Sphagnum; plants listed as FAC, FAC+, FACW-,FACW, FACW+,or OBL;or plants with physiological or morphological adaptations. if any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants:? Number of dominant non-wetland indicator plants:0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants?® yes ❑ no If vegetation alone is presumed adequate to delineate the BVW boundary, submit this form with the Request for Determination of Applicability or Notice of Intent - Site: Camp Lion of Lynn Date: 5/25/11 Transect Number:1 Plot Number: 1 Section Il: Indicators of Hydrology Hydric Soil Interpretation Other Indicators of hydrology: (check all that apply and describe) 1. Soil Survev 0 Site inundated: x Is there a published soil survey for this site? ❑ yes ❑ no 0 Depth to free water in observation hole: Title/Date: 0 Depth to soil saturation in observation hole: Map Number: Soil type mapped: 0 Water marks: x Hydric soil inclusions: _ 0 Drift lines: x Are field observations consistent with soil survey: ❑ yes ❑ no 0 Sediment deposits: _ Remarks: 0 Drainage patterns in BVW: x 0 Oxidized rhizospheres: _ 2. Soil Description 0 Water-stained leaves: Horizon Depth Matrix Color Mottle Color 0 Recorded data (stream, lake, or tidal gauge; aerial photo; other): 0 Other: Vegetation and Hydrology Conclusion yes no Remarks: Number of wetland indicator plants > number of non-wetland indicator plants ®0 ❑0 3. Other: Wetland hydrology present: Conclusion: Is soil hydric? ❑ yes ❑ no hydric soil present ❑0 ❑0 other indicators of hydrology present ®0 ❑0 Sample location is in a BVW ®0 ❑0 r DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Thomas Demakis(appellant) Prepared by: Michael SeekamD Project location:488 Highland Avenue, Salem MA DEP file#:SORAD DEP File#064-0486 Check all that apply: SEC job# 10055 ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II ❑ Method other than dominance test used,(attach additional information) Section 1. Vegetation Observation Plot#: 2 Transect#: 2 Adjusted plot size? OY EIN In what layer?Tree Distance to flag# BK-17 is 10 feet. Distance to flag# BK-19 is 10 feet. Data plot,date:5/25111 Delineation date:review 11/15/10 A. Stratum and Plant Species B. Percent C. Percent D. Dominant E. Indicator Cover Dominance Plant Cate o ' Shrub Sweet pepperbush Clethra alnifolia 50 71 Y FAC+ Red maple Acer rubrum 20 39 Y FAC Sapling Red maple Acer rubrum 50 100 Y FAC Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL 031,s.40); plants in the genus Sphagnum;plants listed as FAC, FAC+, FACW-,FACW,FACW+,or OBL;or plants with physiological or morphological adaptations. if any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants:3 Number of dominant non-wetland indicator plants:O Is the number of dominant wetland plants equal to or-greater than the number of dominant non-wetland plants?®yes ❑ no If vegetation alone is presumed adequate to delineate the BWJ boundary, submit this form with the Request for Determination of Applicability or Notice of Intent Site: Camp Lion of Lynn Date: 5/25/11 Transect Number:2 Plot Number: 2 Section If: Indicators of Hydrology Hydric Soil Interpretation Other Indicators of hydrology: (check all that apply and describe) 1. Soil Survev 0 Site inundated: x Is there a published soil survey for this site? ❑ yes ❑ no 0 Depth to free water in observation hole: _ Title/Date: 0 Depth to soil saturation in observation hole: Map Number: Soil type mapped: 0 Water marks: x Hydric soil inclusions: — o Drift lines:_ Are field observations consistent with soil survey: ❑yes ❑ no 0 Sediment deposits: Remarks: 0 Drainage patterns in BVW: x 0 Oxidized rhizospheres: 2. Soil Description 0 Water-stained leaves: x Horizon Depth Matrix Color Mottle Color 0 Recorded data (stream, lake, or tidal gauge; aerial photo; other): 0 Other: Found three flags tabled BK-19 the one referenced above is adiacent to A-10 Vegetation and Hydrology Conclusion Remarks: yes no Number of wetland indicator plants > number 3. Other: of non-wetland indicator plants ®0 ❑0 Conclusion: Is soil hydric? ❑ yes ❑ no Wetland hydrology present: hydric soil present ❑0 ❑0 other indicators of hydrology present ®0 ❑0 Sample location is in a BVW ®0 ❑0 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Thomas Demakis(appellant) Prepared by: Michael Seekamp Project location:488 Highland Avenue, Salem MA DEP file#:SORAD DEP File#064-0486 Check all that apply: SEC job# 10055 ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot#: 3 Transect#: 3 Adjusted plot size? ®Y ON In what layer? Tree Distance to flag# BK-5 is 15 feet. Distance to flag # BK-18 is 15 feet. Data plot date:5/25/11 Delineation date:review 11/15/10 A. Stratum and Plant Species S. Percent C. Percent D. Dominant E. Indicator Cover Dominance Plant Cate o * Herbaceous Poison ivy Toxicodendron radicans 60 50 Y FAC Virginia creeper Parthenocissus quinquefolia 40 33 Y FACU Rough stem goldenrod Solida o ru osa 10 8 N FAC Greenbrier Smilax rotundifolia 10 8 N FAC Shrub Willow Salix s . 30 50 Y FACW Red maple Acer rubrum 30 50 Y FAC Black cherry Prunus serotina trace 0 N NI ..Sapling Red maple Acerrubrum 30 100 Y FAC *Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c131,s.40); plants in the genus Sphagnum;plants listed as FAC, FAC+, FACW-, FACW,FACW+,or OBL;or plants with physiological or morphological adaptations. if any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants:4 Number of dominant non-wetland indicator plants:1 - Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants?® yes ❑ no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent Site: Camp Lion of Lynn Date: 5/25/11 Transect Number:3 Plot Number: 3 Section It: Indicators of Hydrology Hydric Soil Interpretation Other Indicators of hydrology: (check all that apply and describe) 1. Soil Survey 0 Site inundated: Is there a published soil survey for this site? ® yes ❑ no 0 Depth to free water in observation hole: 6" Title/Date: Soil Survey of Essex County, Southern Part, 1984 0 Depth to soil saturation in observation hole: surface Map Number: 14 Soil type mapped: Chatfield Hollis 0 Water marks: _ Hydric soil inclusions: Not mapped by wetland symbols provided on the map 0 Drift lines: Are field observations consistent with soil survey: ❑ yes ® no 0 Sediment deposits: Remarks: 0 Drainage patterns in BVW: _ 0 Oxidized rhizospheres: 0 Water-stained leaves: x 2. Soil Description 0 Recorded data (stream, lake, or tidal gauge; aerial photo, other): Horizon Depth. Matrix Color Mottle Color 0 Other: No flow and no visible channel in this area. Data 0 0"-10" 10 YR 2/1 mucky NA recorded during a very wet period. A 101.+ 10 YR 2/2 sandy A Vegetation and Hydrology Conclusion yes no Remarks: Appears to be a histic epipedon. Number of wetland indicator plants > number of non-wetland indicator plants ®0 ❑0 3. Other: Wetland hydrology present: Conclusion: Is soil hydric? ® yes ❑ no hydric soil present ®0 ❑0 other indicators of hydrology present ®0 ❑0 Sample location is in a BVW 530 ❑0 DEMAKIS LAW OFFICES, P. C. GREGORY C. DEMAKIS - 56 CENTRAL AVENUE . THOMAS C. DEMAKIS - LYNN,MASSACHUSETTS 01901 SANDOR RABKINRECEIVED �� TEL. (781) 595-3311 JOSEPH H. DEVLIN* FAX(781) 592-4990- *Also Admitted in N.H. OCT 14 2011 www.demakislaw.Com DEPT.OF PLANNING°. COMMUIJITY DEVE—LOP;AEdT October 13, 2011 Via FedEx#8768 6641 4135 Ms. Rachel Freed Northeast Regional Office Department of Environmental Protection 205B Lowell Street Wilmington, MA 01887 Re: Request for Adjudicatory Hearing 488 Highland Avenue, Salem, MA Superseding Order of Resource Area Delineation DEP File#064-0486 Applicant and Land Owner: Camp Lion of Mass.,Inc. Dear Ms. Freed: I am a Trustee of Belleaire Avenue Realty Trust(the"Trust"), which is hereby filing an Appeal Notice with regard to the above-captioned matter. I am also the attorney for the Trust. My fax and telephone numbers appear on my letterhead. My email address is tdemakiskdemakislaw.com. As you know, the Trust has been participating in the previous proceeding which led to the most recent Reviewable Decision which is the subject of this appeal. In addition, the Trust is an aggrieved person because it is a direct abutter to the land which is the subject of the Reviewable Decision. I am enclosing a letter from Seekamp Environmental Consulting, Inc., which contains a clear and concise statement of the alleged errors contained in the Department's decision and how each alleged error is inconsistent with 310 CMR 10.00 and does not contribute to the protection of the interests identified in the Wetlands Protection Act, M.G.L. c. 131, § 40, and the relief sought. I am also enclosing a copy of the Department's Reviewable Decision that is being appealed. Annt/1trsBeleaireDEP 10.13.11 I am sending this request today by certified mail,return receipt requested,to all Other interested parties known to me,namely: Salem Conservation Commission 93 Washington Street Salem, MA 01970 No. 7011 0470 0001 1674 5185 Camp Lion of Lynn, Mass. C/o Terry Gensel AECOM 2 Technology Park Drive Westford, MA 01886-3140. No. 7011 0470 0001 1674 5192 Daniel F. Cahill 20 Belleaire Avenue Lynn, MA 01904 No. 7011 0470 0001 1674 5208 Finally, I am today sending a copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check in the amount of$100 to the following address: Commonwealth of.Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, MA 02211 Please let me know if you require anything further. Very truly yours, lomas C. Dem is TCD/alt Enclosures Annt/Itrs/Beleain;DEP 10.13.11 =4711 I'A October 11, 2011 Rachel Freed Wetlands Program—DEP NERO 205 B Lowell Street Wilmington, MA 0 1887 Re: Request for an Adjudicatory Hearing for 488 Highland Avenue, Salem MA, SORAD DEP File# 064-0486 Dear Ms. Freed: I have prepared this le-tter to explain our request for an Adjudicatory Hearing regarding the Superseding Order of Resource Area Delineation(SORAD) at the property described above. While we greatly appreciate the DEP taking the time to farther investigate and agree to some of our analysis of Bordering Vegetated Wetland (BVW) being represented as Bank of an Intermittent Stream and/or Isolated Vegetated Wetland as in the case of wetland C, we continue to disagree with the characterization of the following areas as "Bank". • The area from A 12 to B I I is an area of intermittent stream but the area is over represented on the AECOM plan and as such under-represents BVW. • All other areas between the wetland boundary lines A I to A21 and B I to B20 are BVW in my opinion and therefore under-represent BVW on the AECOM plan. The Intermittent stream within these areas of BVW should be represented by a single line. While the following verbiage included in the definition of"Bank"in M.G.L. c. 131 § 40 3 10 CMR 10.54 (2)A Bank may be partially or totally vegetated.... if taken literally could mean that any wetland where there is flow, and that is totally vegetated, is"Bank". This not only defies I ogic but when compared with the definition of BVW in M.G.L. c. 131 § 40 regulations 3 10 CMR 10.55 (2) Definition, Critical Characteristics and Boundary. (c) Bordering Vegetated Wetlands are freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types offreshwater wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated Wetlands are areas where the soils are saturated and/or inundated such that they support a predominance of wetland indicator plants... " Is at the very least, over-shadowed. It should be noted that in the partial definition of Bank"...may be partially or totally vegetated.... " does not include the further distinction"...ofwetland indicator plants... " Our contention that areas of "Bank"as depicted on the AECOM plan are actually BVW is based on this distinction. As counter-intuitive as it may seem, it is true that the definition of Bank of an Intermittent Stream extends across the stream from one side to the other and thus includes horizontal as well as vertical dimensions. However, our belief is that; if those horizontal areas are vegetated with "...predominance of wetland indicator plants... "the area is more accurately defined as BVW. We have shown with our,submission of data transect information along with our cover letter dated June 14, 2011, to Ms. Jill Provencal at DEP Northeast Regional Office that the latter applies in this case. We regret if there are any errors regarding the descriptions of the areas that we contest with regard to wetland flag locations. We found it difficult in some instances to correlate some wetland flag locations in the field with the AECOM ANRAD plan dated 11/19/10. Sincerely, Seekamp Environmental Consulting, Inc. Michael Seekamp Senior Wetland Scientist c. Thomas Demakis,P.C. Terry Gensel,ENSR/AECOM 2 Camp Lion of Lynn Mass Salem Conservation Commission 3 Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Northeast Regional Office-205B Lowell Street, Wilmington MA 01887 .978-694-3200 DEVAL I PATRICK RICHARD K.SULLIVAN JR. Governer _ Secretory TIMDTHY P.MURRAY `� �k �' '� KENNETH L.KIMMELL Lieutenant Governor Cammlosicr.e: I SEP 2 9 2011 September 2R 110E PLANNING& Cb 'TY DEVELOPMENT Belleaire Avenue Realty RE: WETLANDS/SALEM c/o Thomas C. Demakis, Trustee DEP File#064-0486 56 Central Avenue 488 Highland Avenue Lynn, MA 01901 Superseding Order of Resource Area Delineation Dear Mr. Demakis: The Northeast Regional Office of the Massachusetts Department of Environmental Protection, Wetlands Program (MassDEP), has completed its review of the project referenced above in preparation to issuing a Superseding Order of Resource Area Delineation(SORAD). Pursuant to the provisions of Massachusetts General Laws, Chapter 131, Section 40,the MassDEP is issuing the attached SORAD based upon a review of the information contained in the file, including information provided by the parties, and observations made during site evaluations conducted by.MassDEP staff. A Notice of Resource Area Delineation was filed by Camp Lion of Lynn, Massachusetts to confirm the delineation of Bordering Vegetated Wetlands (BVW) and Bank of an intermittent stream on the site, located at 488 Highland Avenue in Salem, Massachusetts. The Salem Conservation Commission (SCC) issued an Order of Resource Area.Delineation which confirmed the boundaries of the BVW and Bank as shown on the applicant's plan. You appealed the Order of Resource Area Delineation to the MassDEP based on your concern that the BVW delineation was inaccurate. In particular, your appeal focused on Wetland Area C, which was considered to be isolated by the applicant, and on several flag locations along the intermittent stream channel where the extent of BVW appeared to be larger than the flagged delineation. On November 15, 2010, a representative from MassDEP's Wetlands Program visited the site and met with all concerned parties, their consultants and a representative from the SCC. MassDEP's staff examined the flagged BVW, the stream channel, Area C and other areas of the site and requested some additional field data. A response, prepared by the applicant's consultant (AECOM), was received by MassDEP on December 22, 2010. In April and May, 2011, additional information was submitted to MassDEP by the appellants' consultant asserting that This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-559-7622 or 1-617-574-6868 MassDEP Website.w w rnass.gov/dep Printed on Recycled Paper a f , areas of BV W were still not correctly identified on the applicant's plan. On May 17, 2011, MassDEP issued an information request to the applicant and the appellant detailing additional information that was needed, including a revised plan, location of data plots and delineation data sheets. On May 27 and June 14, 2011, responses from the parties were received by MassDEP. On June 27, 2011, MassDEP staff visited the site and reviewed the wetland boundary to check flag locations and soil data against the information provided by the appellants and the applicant in their most recent submissions. Based on the observations made during that site visit, MassDEP issued a second information request letter, dated July 19, 2011, to the applicant. The letter requested further revisions to the AECOM wetland boundary, including the inclusion of Area C and a connecting channel as BVW. On August 26, 2011, MassDEP received a revised plan from AECOM which reflects the changes to the wetland boundary as requested. That plan is referenced in the attached SORAD. II Please be advised that it is the MassDEP's responsibility to address only those interests identified in the Wetlands Protection Act, M.G.L. Chapter 131, Section 40. However, the MassDEP reserves the right, should there be further proceedings in this case, to raise additional issues and present further evidence as may be appropriate. Should any party dispute these findings, please consult the language in the Superseding Order of Resource Area Delineation which specifies your rights and procedures for appeal. Should you have any questions about this matter, please contact me at 978- 694-3258. Sincerely, � � Rachel Freed Section Chief Wetlands Program—NERO cc: Conservation Commission,93 Washington Street, Salem MA 01970 Camp Lion of Lynn; Mass. c/o Terry Gensel, AECOM, 2 Technology Park Drive, Westford MA 0 18 86-3 140 Daniel F. Cahill, 20 Belleaire Avenue, Lynn MA 01904 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: 64-0486 WPA Form 413 — Superseding Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information From: DEPARTMENT OF. ENVIRONMENTAL PROTECTION Issuing Authority This Issuance is for(check one): ® Superseding Order of Resource Area Delineation ❑ Amended Superseding Order of Resource Area Delineation To:Applicant: Property Owner(if different from applicant): Kevin Donahue/Camp Lion of Mass. Inc. Camp Lion of Mass., Inc. Name Name 73 North Common Street Mailing Address - Mailing Address Lynn MA 01902 Cityrfown State Zip Code City/Town State Zip Code 1. Project Location: 488 Highland Avenue Salem Street Address City/Town Map 3 Lot 1 Assessors Map/Plat Number Parcel/Lot Number 2. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Highland Avenue ANRAD Camp Lion of Lynn Mass. Inc: Figure 1 Title Date Prepared by AECOM, dated 5/25/2011 and received with cover letter dated August 24, 2011. 3. Final Plans and Documents Signed and Stamped by: Name 4. Dates: Date Notice of Intent Filed - Date Public Hearing Closed Date of Local Order 5. Filing Fee - Wpaform4b doc•Appendix E•rev.2/00 Page 1 of 4 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands 64-0486 WPA Form 4B — Superseding Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation The Department has determined the following (check whichever is applicable): ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): ® Bordering Vegetated Wetlands ® Other Resource Area(s), specifically: Bank of intermittent stream ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Department from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Inaccurate:The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: The boundaries were determined to be inaccurate because: Wpaform4b.doc•Appendix E•rev.2100 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fie Number. � 64-Q486 WPA Form 4B — Superseding Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation (cont.) This Order of Resource Area Delineation determines the boundaries of those resource areas noted above and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40) and its regulations (310 CMR 10.00) regarding such boundaries. This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. Signa re: Rachel Freed, Section Chief, Wetlands and Waterways Program- NERO This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on ® by certified mail# Q/2Q�Zoll Date Dae Wpaform4p.doc•Appendix E•rev.2100 - Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number. . ILIBureau of Resource Protection - Wetlands 64-0486 WPA Form 413 Superseding Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the landowner, any person aggrieved by the Superseding Order, Determination or other Reviewable Decision as defined at 310 CMR 10.04,who previously participated in the proceedings leading to this Reviewable Decision,the conservation commission,or any ten(10) residents of the city or town where the land is located if at least one resident was previously a participant in the permit proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L.c.30A, § 10, provided the request is made by certified mail or hand delivery to the Department, along with the appropriate filing fee and a MassDEP Fee Transmittal Form within ten(10) business days of the date of issuance of this Superseding Order or Determination, and addressed to: Case Administrator Office of Appeals and Dispute Resolution Department of Environmental Protection One Winter Street, 2nd Floor Boston, MA 02108 A copy of the request (hereinafter also referred to as Appeal Notice) shall at the same time be sent by certified mail or hand delivery to the Conservation Commission, the applicant, the person that requested the Superseding Order or Determination, and the issuing office of the MassDEP at: MassDEP—Northeast Regional Office Wetlands Program 205B Lowell Street Wilmington, MA 01887 In the event that a ten resident group requested the Superseding Order or Determination, the Appeal Notice shall be served on the designated representative of the ten resident group, whose name and contact information is included in this Reviewable Decision (when relevant). Contents of Appeal Notice An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6)and 310 CMR 10.05(7)0),and shall contain the following information: (a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from applicant, and address of the project; (a) the complete name, mailing address, email address, and fax and telephone numbers of the party filing the Appeal Notice; if represented by consultant or counsel,the name,fax and telephone numbers, email address, and mailing address of the representative; if a ten residents group,the same information for the group's designated representative; (b) if the Appeal Notice is filed by a ten (10)resident group,then a demonstration of participation by at least one resident in the previous proceedings that led to this Reviewable Decision; (c) if the Appeal Notice is filed by an aggrieved person,then a demonstration of participation in the previous proceeding that lead to this Reviewable Decision and sufficient written facts to demonstrate status as a person aggrieved; (d) the names,telephone and fax numbers,email addresses, and mailing addresses of all other interested parties, if known; (e) a clear and concise statement of the alleged errors contained in the Department's decision and how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the protection of the interests identified in the Wetlands Protection Act,M.G.L.c.131,§40, including reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges has been violated by the Department's Decision,and the relief sought,including any specific desired changes to the Department's decision; (f) a copy of the Department's Reviewable Decision that is being appealed and a copy of the underlying Conservation Commission decision if the Reviewable Decision affirms the Conservation Commission decision; (g) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the _ conservation commission;and if asserting a matter that is Major and Complex,as defined at 310 CMR 10.04(1),a statement reauestina that the Presiding Officer make a designation of Maior and Comnlex.with specific reasons Wpaform4edoc•Appendix E•rev.2/00 Page 4 of 4 ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-0486 WPA Form 4113 — Superseding Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant,the landowner,any person aggrieved by the Superseding Order, Determination or other Reviewable Decision as defined at 310 CMR 10.04,who previously participated in the proceedings leading to this Reviewable Decision, the conservation commission,or any ten (10) residents of the city or town where the land is located if at least one resident was previously a participant in the permit proceeding, are hereby notified of their right to appeal this Reviewable Decision pursuant to M.G.L. c.30A,§ 10, provided the request is made by certified mail or hand delivery to the Department, along with the appropriate fling fee and a MassDEP Fee Transmittal Form within ten (10) business days of the date of issuance of this Superseding Order or Determination, and addressed to: Case Administrator Office of Appeals and Dispute Resolution Department of Environmental Protection One Winter Street, Zed Floor Boston, MA 02108 A copy of the request (hereinafter also referred to as Appeal Notice) shall at the same time be sent by certified mail or hand delivery to the Conservation Commission, the applicant, the person that requested the Superseding Order or Determination, and the issuing office of the MassDEP at: MassDEP—Northeast Regional Office Wetlands Program 205B Lowell Street Wilmington, MA 01887 In the event that a ten resident group requested the Superseding Order or Determination, the Appeal Notice shall be served on the designated representative of the ten resident group, whose name and contact information is included in this Reviewable Decision (when relevant). Contents of Appeal Notice An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6)and 310 CMR 10.05(7)0),and shall contain the following information: (a) the MmsDEP Wetlands File Number, name of the applicant, landowner if different from applicant, and address of the project; (a) the complete name, mailing address, email address, and fax and telephone numbers of the party filing the Appeal Notice; if represented by consultant or counsel,the name,fax and telephone numbers, email address, and mailing address of the representative; if a ten residents group,the same information for the group's designated representative; ` (b) if the Appeal Notice is filed by a ten (10)resident group, then a demonstration of participation by at least one resident in the previous proceedings that led to this Reviewable Decision; (c) if the Appeal Notice is filed by an aggrieved person,then a demonstration of participation in the previous proceeding that lead to this Reviewable Decision and sufficient written facts to demonstrate status as a person aggrieved; (d). the names,telephone and fax numbers,email addresses, and mailingaddressesof all other interested parties,if known; (e) a clear and concise statement of the alleged errors contained in the Department's decision and how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131,§40, including reference to the statutory or regulatory provisions that the party fling the Appeal Notice alleges has been violated by the Department's Decision,and the relief sought,including any specific desired changes to the Department's decision; _ (f) a copy of the Department's Reviewable.Decision that is being appealed and a copy of the underlying Conservation Commission decision if the Reviewable Decision affirms the Conservation Commission decision; (g) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the conservation commission;and if asserting a matter that is Major and Complex,as defined at 310 CMR 10.04(1),a statement reouestina that the Presiding Officer make a designation of Maior and Complex.with snecific reasons Wpaform4b.doc•Appendix E•rev.900 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Number: 64-0486 ' WPA Form 46 — Superseding Order of Resource Area Delineation Provided by!DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Filing Fee and Address A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O.Box 4062 Boston,Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county, district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Wpaform4b.doc Appendix E•rev.2/00 Page 6 of 4 Page I of 2 Tom Devine From: Merrill, Pamela (DEP) [pamela.merrill@state.ma.us] Sent: Friday, October 14, 2011 11:48 AM To: Tom Devine Subject: RE: Appeals process I wanted to see who the -analyst is first, Rachel Freed, Wetlands Program Section Chief(NERO) wrote the SORAD. A Presiding Officer from MassDEP Office of Appeals & Dispute Resolution will be assigned the case and will schedule a prescreening conference (presumptively) not more than 30 days after the appeal has been filed. This letter frorn the Presiding Officer will be distributed to all applicable parties and will include the date, time and location of the prescreening conference, as well as the hearing date. All parties must attend and be represented by counsel, including MassDEP Wetlands Program, The prescreening conference will most likely take place here at MassDEP in Wilmington; although it could be scheduled at our headquarters in Downtown Crossing, The purpose of the prescreening conference is to see there can be a settlement and the narrowing of issues. After the conference, the Presiding Officer will prepare and issues a prescreening conference report, which outlines the list of issues that are in dispute, that are legaily relevant, and that are to be address in the parties' direct and rebuttal case. If the case cannot be settled then the date for the hearing stands. The hearing is basically court where people have to submit affidavits, testimony, witness will have to testify and be cross-examined by the attorney. Within 30 day of the close of the hearing, the Presiding Officer will prepare and issue a written recommended decision that will include findings on the contested issues, The Commissioner of MassDEP will issue a final written decision presumptively within 6 months of the recommended derision. That will be the final Order of Conditions. The final OOC can only be appeal to Superior Court. Here is a link to some FAQs http://www.mass.gov/dep/service/adr/`applsfag.htm and other Appeal information that you may find useful http://www.mass.gov/dep/service/appeals.htm and in the WPA Regs 310 CMR 10.05(7)(j)7. Prescreening and Hearing Let me know if you have further questions. Pam From: Tom Devine [mailto:tdevine@Salem.com] Sent: Friday, October 14, 2011 10:07 AM To: Merrill, Pamela (DEP) Subject: RE: Appeals process 64-486. Though my questions are about the process in general. Tom Devine, Conservation Agent/Staff Planner City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 (V) 978-619-56851 (F)978-740-0404 tdevine(a)salem.com I salem.corn 10/17/2011 Page 2 of 2 From: Merrill, Pamela (DEP) [mailto:pamela.merrill@state.ma.us] Sent: Friday, October 14, 201110:05 AM To: Tom Devine Subject: RE: Appeals process What is the file number"? From: Tom Devine [mailto:tdevine@Salem.com] Sent: Friday, October 14, 20119:52 AM To: Merrill, Pamela (DEP) Subject: Appeals process Hi Pam, I see that the party who appealed the ORAD for the Camp Lion property in Salem is requesting an adjudicatory hearing regarding the recently issued SORAD. I want to understand this process, so I have several questions. Is this the next level of appeal after a superseding order is issued? Does DEP conduct the hearing? What are the possible outcomes? What is the next level of appeal? I hope all is well with you. Tom Tom Devine, Conservation Agent/Staff Planner City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 (V) 978-619-56851 (F)978-740-0404 tdevine(@.salem.com I salem.com 10/17/2011 RECEIVED O TETRATECH AUG 2 9 .20 11 LETTER OF TRANSMITTAL DEPT.OF PLANNING& COMf.F NTY DEVELOPMENT To: Rachel Freed Date: Au ust 25,2011 r Massachusetts Department of Environmental Protection Project: Lowe's and Walmart of Salem Wetland &Waterways Department Re: Superseding Order of Resource Area 205B Lowell Street Delineation-488 Highland Avenue Wilmington, MA 01887 We Are Sending You: ❑Attached ❑ Samples ❑Specifications ❑Shop drawings ❑ Prints ®Plans ® Copy of letter ❑ Change order ❑ Under Separate Cover Copies Date No. Description 1 08-24-11 1 Response to Julv 19 2011 MassDEP letter 1 08-24-11 1 Figure 1 Items Are Transmitted As Checked Below: ❑ For approval ❑Approved as submitted ❑ Resubmit ❑Copies for approval ® For your use ❑Approved as noted ❑ Submit ❑ Copies for distribution ❑As requested ❑ Returned for correction ❑ Return ❑ Corrected prints ❑ For review ❑ For bids due ❑ Prints returned after loan to us ❑ Other Remarks: Please find enclosed with this transmittal copies of the response to the July 19, 2011 MassDEP letter as well as the accompanying Figure 1, depicting the subject resource areas. Please do not hesitate to contact me should you have any questions. Thank you. Signed: Type Name Austin Turner Rob J.,Jeff G.—Lowe's,Joe C.—Seraflni,Darling,&Correnti,Mark K.—Wilmer Hale,Matt S.-Bohler Tom K. — Kennedy Development, Michael S. — Seekamp Env., Belleaire Avenue Realty, Salem CC: Conservation Commission P:1127-3736108028\TRANS\SALEMMA-WETLANDS PL 1N082511.DOC Engineering and Architecture Services 889 Elm Street,2"d Floor - Manchester,NH 03101 Tel 603.641.5006 Fax 603.641.5367 r AECOM AECOM 978.890.2100 tel 250 Apollo Dr.,Chelmsford,MA 01824 879.890.2101 fax August 24, 2011 Ms. Rachel Freed Massachusetts Department of Environmental Protection Wetland &Waterways Department 205B Lowell Street Wilmington, MA 01887 Subject: Supplemental Information for Superseding Order of Resource Area Delineation(SORAD), 488 Highland Avenue, Salem, Massachusetts Dear Ms. Freed: On behalf of Camp Lion of Lynn, Massachusetts, Inc.,AECOM Environment herein submits this response to DEP's letter dated July 19, 2011 requesting additional information and revisions to the wetland resource area delineation at the above- referenced site. DEP's letter requested the following two changes: 1. At Seekamp Plot#2 and in the vicinity of wetland flag A10,the boundary should be moved approximately 6 feet northeast to include an area of Sweet pepperbush. 2. After examination of Wetland Area C,MassDEP has determined that this wetland is connected to the wetland and stream system located downgradient and to the east(denoted by Flags 1-20,etc.)by a meandering channel. We are requesting that this channel be flagged and surveyed onto the plan. The attached map reflects these changes. Flag Al has been moved upgradient 6 feet to the northeast, as requested by DEP. This map also shows a flagged connection between Wetland Area C and the stream system downgradient to the east, as requested by DEP. This connection is denoted on the plan by Flags 1AA-7AA on one side and by Flags 1AB- 7AB on the other side. The applicant understands that it is DEP's position that this connection denotes an intermittent stream connection, thereby classifying Wetland Area C as a Bordering Vegetated Wetland (BVW)and the newly flagged connection as the Bank of an intermittent stream. The flagged connection encompasses the lowest portion of the land between Wetland Area C and the downgradient previously flagged stream, and includes all areas where any evidence of surface flow and/or saturated ground occurs. While the applicant may not object to a Superseding Order that determines this connection to be an intermittent stream (and therefore classifying Wetland C as a BVW), the applicant reserves the right at a later date to disagree with such a finding should other findings of the Order be in contention. If you have any remaining questions pertaining to this site, please contact us. On behalf of the applicant, we are requesting that the DEP issue its decision on this as soon as possible, as we do not believe that there is any basis for an additional 40 days from AECOM 2 Supplemental Information for SORAD,488 Highland Avenue,Salem,Massachusetts receipt of this letter and updated map for the issuance of a Superseding Order of Resource Area Delineation. Yours sincerely, Terry E. Gensel Dennis Lowry Senior Wetland Scientist Wetland Ecologist/Program Manager Terry.gensel@aecom.com dennis.lowry@aecom.com 978-589-3390 508-361-1850 cc: Camp Lion of Lynn Mass Belleaire Avenue Realty Seekamp Environmental Consulting Salem Conservation Commission Attachment To enhance and sustain the world's built,natural and social envronments r R 1 , •ECEIVED s e Commonwealth of Massachusetts JUL 2 6 20�� Executive Office of Energy &Environmental Affairs OEPT.OF PLANNING-Sr Department of Environmental P V5 "' Northeast Regional Office•205B Lowell Street, Wilmington MA 91887.978-6,94-3200 DEVAL L.PATHIC{ RICHARD K.SULLIVAN JR. Governor Secretory -PMDTHY P.MURRAY - KENNETH L.KIMMELL Lieumnant Governor - Commicaoncr July 19, 2011 Camp Lion of Lynn, Mass. RE: WETLANDS/SALEM c/o AECOM DEP FILE#64-0486 2 Technology Park Drive 488 Highland Avenue Westford, MA 0 18 86-3140 INFORMATION REQUEST 42 Attn: Mr. Terry Gensel Dear Mr. Gensel: The Massachusetts Department of Environmental Protection,Northeast Regional Office, Wetlands Program (MassDEP) has completed its review of the site referenced above. On June 27, 2011, MassDEP staff visited the site to confirm the delineation of wetland resource areas, using additional information provided by the applicant and the appellant in response to the previous MassDEP information request. As a result of that site visit, MassDEP is seeking revisions in the wetland boundary. Under our timelines, the applicant has 70 days to respond to this request. Upon receipt of the requested information, or upon formal notification from the applicant that the information will not be provided, MassDEP will issue a decision within 40 days. Please submit all information to this office, with a copy to other parties at the same time. i The revisions are based on the AECOM wetland boundary delineation (revised May 25, 2011), and are as follows: „ 1. At Seekamp Plot#2 and in the vicinity of wetland flag A10,the boundary should be r moved approximately 6 feet northeast to include an area of Sweet pepperbush. r ,2. After examination of Wetland Area C, MassDEP has determined that this wetland is connected to the wetland and stream system located downgradient and to the east (denoted by Flags 1- 20, etc.) by a meandering channel. We are requesting that this channel be flagged and surveyed onto the plan. , This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1.617-574-6868 MassDEP Website:w .mass.gov/dep Printed on Recycled Paper Should you have any questions about this request, please contact me at 978-694-3258. Veery�truly yours, Rachel Freed Section Chief Wetlands Program -NERO cc: Conservation Commission, 93 Washington Street, Salem MA 01970 Belleaire Avenue Realty, c/o Thomas C. Demakis Trustee, 56 Central Avenue,Lynn MA 01901 ASCOM AECOM 978.589.3000 tel C �vp® 2 Technology Park Drive 978.589.3100 fax Westford, MA 01886-3140 JUN 01 2011 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT May 27, 2011 Ms. Jill Provencal Massachusetts Department of Environmental Protection Wetland &Waterways Department 205B Lowell Street Wilmington, MA 01887 Subject: Supplemental Information for Superseding Order of Resource Area Delineation (SORAD),488 Highland Avenue, Salem, Massachusetts Dear Ms. Provencal, On behalf f a o Camp Lion of Lynn, Massachusetts, Inc.,AECOM Environment herein submits this response to recent submittals by Seekamp Environmental Consulting (Seekamp) relative to the above-referenced site and SORAD. First, on behalf of Camp Lion of Lynn as the applicant,we are expressing the applicant's objection to the practice of Seekamp in conducting site visits without notice to the applicant and therefore without the applicant's permission. The Director of the Campfire organization reported to us that Seekamp was on the site as late as May 25, 2011, and when questioned Seekamp responded that they were there on behalf of the developer. Beyond the question of liability in conducting such unauthorized site investigations, this deceitful practice is out of the normal protocol for these situations as was discussed and agreed upon during the site visit last November. Further, in conducting such site investigations unauthorized and independent of the applicant's representatives, there is no way for the applicant, or DEP, to verify that such visits were even undertaken, the conditions that prevailed during the site investigations(there is no indication of the date of the site visits in Seekamp's letters), or to understand and question the criteria employed and the results obtained. Finally, it is now six months since the DEP's on-site review, and the applicant respectfully requests that a more expedited review and determination from DEP be completed. In terms of technical and regulatory responses to Seekamp's recent information, the discussion provided in AECOM's letter of December 15, 2010 remains pertinent; in fact, Seekamp has not provided any technical rebuttal of the regulatory criteria and findings as set forth by AECOM in that letter. Again, AECOM's delineation has appropriately distinguished Bordering Vegetated Wetland (BVW)from the Bank of the intermittent stream using the regulatory criteria in 310 CMR 10.00. The Bank extends from the mean annual flood level (or the first observable break in slope, whichever is lower) down to the mean annual low water level. As set forth at 310 CMR 10.54(2), a Bank may be partially or totally vegetated, or may be composed of exposed soil, gravel, or stone. In his recent letters of 1 April and 9 May 2011, Seekamp opines that only areas that"lack vegetation and have an uconsolidated substrate"could"legitimately" be deducted from the area of BVW; there is no basis in the regulations for this opinion, nor does Seekamp provide any regulatory citation. Wetland vegetation can and does grow on the Banks of streams, but this does not make the Bank a BVW. Further, his representation that regulatory definitions allow for an intermittent stream to be "represented by a single line" is also unsubstantiated and without regulatory support. Relative to Wetland C as an isolated wetland versus a BVW, our position is again unchanged from our December 15, 2010 letter. During the November 15, 2010 site visit, it was clear that there was no defined channel downgradient of Wetland C per the definition of"stream", and soil investigations showed that non-hydric(or non-wetland) soils prevailed outside of the wetland delineation. In Seekamp's recent letters the opinion is given that Wetland C is a BWV"due to the fact that there is AECOM 2 Supplemental Information for SORAD,488 Highland Avenue, Salem,Massachusetts positive flow along the intermittent stream channel"south of Wetland C. Based upon his photographs and video, we presume that Seekamp reviewed this area only during the high runoff (from melting of deep snow and rainfall)experienced here in February and March of 2011. The photographs serve only as evidence that snow melts and runs off; with impermeable soils or frozen ground (as is very possible in February/March) snow melt must run overland. Such conditions are not relevant to the regulatory criteria for determining whether a wetland is isolated or bordering; in fact, the pictures are clear that there is no"definite channel in the ground" per the regulations. Accordingly,Wetland Area C has been correctly classified as isolated per the criteria of 310 CMR 10.00 and is indicated as an "Isolated Vegetated Wetland"on the revised ANRAD plan submitted in December of 2010. As an additional matter, we find it unusual and questionable for a Professional Engineer to use a copy of a plan from another firm without any citation of the derivation of the base plan. It is unclear what the PE is certifying to with stamping of this plan. While it states that computation of wetland resource area is based on an AECOM plan, it is not clear what standards have been applied in the overlay of Seekamp's measurements onto a copy of a plan that is not referenced in terms of derivation. Per your request in your letter of May 17, 2011, the attached information provides the location for each of the observation plots where wetland delineation data sheets have been obtained by AECOM for the original ANRAD(dated November 25, 2008). The plan that was attached with our December 15, 2010 letter provides the wetland delineation changes that were agreed to during the November 15, 2010 site visit. If you have any remaining questions pertaining to this site, please contact us. On behalf of the applicant, we are requesting that the DEP issue its decision on this as soon as possible, as we do not believe that there is any basis for an additional 70 days from your May 17 letter for the submission of additional information. Yours sincerely, Terry E. Gensel Dennis Lowry Senior Wetland Scientist Wetland Ecologist/Program Manager Terry.gensel@aecom.com dennis.lowry@aecom.com 978-589-3390 508-361-1850 cc: Camp Lion of Lynn Mass Belleaire Avenue Realty Seekamp Environmental Consulting Salem Conservation Commission Attachment To enhance and sustain the world's built,natural and social environments ® o Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection Northeast Regional Office•2058 Lowell Street, Wilmington MA 01887 .978-594-3200 CEVAL L PATRICK RICHARD.( SULLIVAN.JR. RECEIVED Governor q SecruLary TIMoiHY P.MURRAY MAY 18 [0 1 1 LAURIE BURT Liuutenant Governor - Coovnlssioner DEPT.OF PLANNING& COMMUNITY DEVELOPMENT May 17, 2011 Belleaire Avenue Realty WETLAND/SALEM C/o Mr. Thomas C. Demakis, Trustee DEP FILE NO: 046-0486 56 Central Avenue LOC: 488 Highland Avenue Lynn, MA 01901. INFORMATION REQUEST Camp Lion of Lynn Mass c/o AECOM 2 Technology Park Drive Westford, MA 01886-3140 Attn: Mr. Terry Gensel Dear Sirs/Madams: As you know, in accordance with Massachusetts General Laws, Chapter 131, Section 40, the Massachusetts Department of Environmental Protection, Wetlands Program ("MassDEP"), is reviewing the above referenced project in preparation to issuance of a Superseding Order of Resource Area Delineation. MassDEP held a site inspection on November 15, 2010, with the appellants and their representatives, agent of the conservation commission, and representatives of the applicant. Based on a review of the information currently contained in the file and subsequently submitted from representatives of the appellant group, we are requesting the following additional information and plan revisions. In accordance with the Regulations, at 310 CMR 10. 10.05(7)(f) 2, additional information must be submitted within 70 days of MassDEP's request. MassDEP understands that more time may become necessary to gather the additional information and will consider any reasonable request for additional time to comply if it is needed and requested prior to the deadline. Applicant: 1) The applicantsubmitted, as Appendix B of the Abbreviated Notice of Resource Area Delineation (dated November 25, 2008), a series of wetland delineation data sheets. . This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at617-292-5751.TDD#1-866-539-7622 or 1-617474-6868 MassDEP Website:w .mass.gov/dep Printed on Recycled Paper Please provide a plan, or specify where on an existing plan, the location for each of the observation plots. 2) At the November 2010 site visit, changes in location were made to wetland flags at the site. Specifically,to my recollection and field notes, changes were made in the areas of WF 16 and WF 15 as well as WE Al2 and A13. Please provide a revised plan reflecting these changes to the wetland'delineation. Appellants: 1) On April 1, 2011, the appellant's consultant, Michael Seekamp of Seekamp Environmental, submitted a letter and plan indicating, in his opinion, the boundary of bordering vegetated wetlands on the site. Please provide MassDEP with the wetland delineation data sheets and location of each plot. Please note that all information submitted to MassDEP must at the same time be sent to all the other parties to the appeal. MassDEP also reserves the right to request additional information if required as the result of this submittal. If you have any questions regarding this matter, or you require additional time to comply with this request, you or your consultant may contact me at 978-694-3250. invncerely' Provencalironmental Analyst Wetlands Program-NERO cc: Salem Conservation Commission Daniel F. Cahill 20 Belleaire Avenue Lynn, MA 01904 November 10,2010 DEP Northeast Regional Office ATfN: Jill E. Provencal, Environmental Analyst 205B Lowell Street Wilmington, MA 01887 Re: WETLAND/SALEM FILE NO: 064-0486 LOC: 488 Highland Avenue Superseding Order of Resource Area Delineation Dear Ms. Provencal, I represent the following abutters to the project listed above: Mr. Louis Shkliew William and Claire Dolan 14 Scranton Way 191 Fays Avenue Lynn,MA 01904 Lynn,MA 01904 Per our conversation, please consider this letter as notice that I will be in attendance, on behalf of my clients, for the site evaluation taking place at the above referenced location on Monday,.November 15, 2010 at 9:30 a.m. If you should have any questions, please contact me at(617)283-9279. Sincerely, Daniel F. Cahill, Esq. Cc: Salem Conservation Commission Kevin Donahue c/o Camp Lion of Lynn, Mass,Inc. Attorney Joseph Correnti c/o Kennedy Development Corp. COMMONWEALTH OF 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 IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner SITE INSPECTION NOTICE October 27,2010 Belleaire Avenue Realty RE: WETLAND/SALEM c/o Mr. Thomas C. Demakis, Trustee FILE NO: 064-0486 56 Central Avenue LOC: 488 Highland Avenue Lynn, MA 01901 Superseding Order of Resource Area Delineation Dear Sir or Madam: In accordance with Massachusetts General Laws, Chapter 131, Section 40 and in preparation to issuance of the Superseding Order of Resource Area Delineation, the Massachusetts Department of Environmental Protection, Wetlands Program-Northeast Regional Office ("MassDEP"), has scheduled a site evaluation with all parties. The purpose of this site evaluation is to determine if the area is significant to the interest of the Act and to informally discuss those issues relevant to the referenced site. I will be on site Monday, November 15, 2010 at 9:30 AM. No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 until MassDEP has issued the Superseding Order Resource Area Delineation and all appeal periods have elapsed. If you have any questions, please contact me at (978) 694-3250. ?noonmenta lrovencaRECE��EI Analyst Wetlands Program-NERO NOV 01 2010 DEPT.OF PLANNING& cc: Salem Conservation Commission COMMUNITY DEVELOPMENT Kevin Donahue c/o Camp Lion of Lynn, Mass, Inc. Terry Gensel c/o AECOM This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-I-800-298-2207. http://. w .mus.gov/dep•Fax(978)694-3499 0 Printed on Recycled Paper l DEMAKIS LAW OFFICES, P. C. GREGORY C. DEMAKIS 56 CENTRAL AVENUE THOMAS C. DEMAKIS LYNN, MASSACHUSETTS 01901 SANDOR RABKIN TEL. (781) 595-3311 JOSEPH H. DEVLIN* FAX(781) 592-4990 *Also Admitted in N.H. October 12, 2010 Via Certified Mail Return Receipt Requested No. 7010 0290 0001 3773 0082 F(E. L Ms. Rachel Freed Section Chief NN NO Department of Environmental Protection DEPT.OF PLA 205B Lowell Street CpMMUNITY DEVELOPMENT Wilmington, MA 01887 Re: ANRAD for 488,-Highland Avenue, Salem DEP File No. 64-486 Dear Ms. Freed: Enclosed herewith please find a copy of an appeal from an Order of Resource Area Delineation rendered by the Salem Conservation Commission with regard to the above-captioned matter. I am a Trustee of the Belleaire Avenue Realty Trust which is appealing as an aggrieved person, as you will see from the Request for Departmental Action Fee Transmittal Form and the statement attached thereto, as well as the supporting documents. Please do not hesitate to call if you have any questions. Z Very truly yours, Belleaire Avenue Realty Trust By: Th mas C. Demakis, Trustee TCD/alt Enclosures Copy: Kevin Donahue, Camp Lion of Lynn Mass, Inc. (w/encs)via CMRRR Salem Conservation Commission (w/encs) via CMRRR Deidre Buckley, MEPA Analyst (w/encs) via CMRRR AnntTelleaite\DEP 10.06.10 • APPEAL OF BELLEAIRE AVENUE REALTY TRUST Re: ANRAD for 488 Highland Avenue, Salem DEP File No. 64-486 STATEMENT On November 26, 2008, the Applicant filed an Abbreviated Notice of Resource Area Delineation("ANRAD") with the Conservation Commission for the City of Salem. An Order of Resource Area Delineation was issued on January 23, 2009. The Belleaire Avenue Realty Trust (the "Trust") is an aggrieved person because the Trust is a direct abutter to the Project Location and did not receive any notice of the ANRAD. Notice is required by 310 CMR 10.05(4)(a). In support of this appeal the Trust is enclosing the following documents: I. A copy of the ANRAD. Please note that the ANRAD includes a list of abutters to whom notice of the ANRAD was sent. The list was provided by the City of Salem's Assessor's Office. The Project Location is in Salem, but it abuts several properties in Lynn. No similar list of abutters from the City of Lynn Assessor's Office was included in the ANRAD. 2. A certified list of property owners who abut the Project Location provided by the City of Lynn's Assessor's Office. The list is certified as to who the abutting owners were as of November 2008, the time of the filing of the ANRAD with the Salem Conservation Commission. 3. A copy of a plan of the Apple Hills Subdivision owned by the Trust. The plan shows that several lots in the subdivision share the Lynn/Salem city line as a common boundary with the Project Location owned by the Applicant. 4. A copy of the City of Lynn Assessors Map 108 showing that several lots owned by the Trust directly abut the Project Location. 5. A copy of the Order of Resource Area Delineation issued by the Salem Conservation Commission. 6. A copy of a check in the amount of$200 representing the filing fee for this appeal. Because the Trust did not get the notice required by 310 CMR 10.05(4)(a), it is seeking invalidation of the ANRAD or a Superseding Order of Resource Area Delineation. F Mn1\Be11eaire\DEP 10.06.10 i e 4 OP yJ,� f APPLE HILLS g CIb �P9a' 1411 o¢t s APPLE HILLS SUBDIVISIONS LYNN, MA �_ 88pgp m ' 28;1875 SFW(rmY! lM1 3 leuvl�� $11 Al uea3Y roto. W 42 t3 5 s WT M 12108!S 1402]3 S 27.Y03!s 7A � 7 4.]ecs � � I l0u ¢fit I O 148185 s APPLEHILL n LANE p ar 7 `� ROAD Im u�.sn5s �i v, �� FAYDON :rj IDf JB `d env� uw � p"e -/--� , 141D135F 10.11135 t4m..._�('_•/�2,g6 qq$S ��'s p1W tAT P 91" pµm, e�l�'l.wlui - ro vILB 10.018k S � , tune� ¢rutt must - own umiwr- p ss.n¢3 sr p .er.Sr II L G PIAN N0. 32709A .r 2¢u5 s TmN. I BEI LEAIRE AVENUE rc m Z 99 U gg V ®d I I I ae R„ I ms i 30 I i 00 I ,L LOOSdFVVAiS - ci Ilk Nf / yas. P + 9aa y> daiT 98�e C 4 40 .� b A J-4 P4Q`"�N�LL W + r �q•i a . @ yW. f. 5' rCtR ^ a w ' s�=i e Ay.k _ ,nay _ s - !z � w3 ei '^?r^ OW�a!^a i< •�.a sem$ .sx$ °K ,§«fir •A x }a3 r§ !ye P��1�G E a'''+ "°' 1. I`ll ��• k_ i S,S a§�'F e=. Eaa t CrTY OF SALEM CONSERVATION COMMISSION January 26, 2009 Terry Gensel ENSR/AECOM 2 Technology Park Drive Westford, MA 01886 Re: Order of Resource Area Delineation—DEP#64-486 488 Highland Avenue Dear Mr. Gensel: Enclosed, please find the Order of Resource Area Delineation (ORAD) for the above referenced project. There is a 10-day appeal period which ends on February 7, 2009. As noted on page 7 of the ORAD this order should NOT be recorded since it was issued for purposes of Resource Area Delineation only. This Order is good for three years from the date of issuance, January 23, 2009. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Du ues '6r'� Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Kevin Donahue, Camp Lion of Lynn, Mass. i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 64-486 1 \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: Salem When filling out From: 1.Conservation Commission forms on the computer, use 2. This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review re 1. ❑ Not Subject to Stormwater Policy �M 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Kevin Donahue Camp Lion of Lynn Mass., Inc. your local a. First Name b. Last Name c.Company Conservation Commission 73 North Common Street regarding any d.Mailing Address municipal bylaw Lynn MA 01902 or ordinance. e.City/rown 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/town f.State g.Zip Code 5. Project Location: 488 Highland Avenue Salem a. Street Address b.City/Town Map 3 Lot 1 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude (note: electronic filers 42.491718 -70.935331 will click for GIS locator): e.Latitude I. Longitude 6. Dates: november 26, 2008 January 22, 2009 a. Date Notice of Intent fled b. Date Public Hearing Closed c. Date of Issuance 7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Highland Avenue ANRAD Camp Lion of Lynn, Mass., Inc January 2009 a.Title b. Date Supplemental Information for the Abbreviated Notice of Resource Area January 19, 2009 Delineation d.Date wpaforrr b.doc•rev.0311105 Page 1 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation sa-ass Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ® Other Resource Area(s), specifically: Intermittent Stream-Bank b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): t. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform b.aoc•rev.03/1105 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 64-486 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work (whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40% of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions-- wpaform4b Goc rev.03/1/05 Page 30! Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 64-486 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' 5. ❑ The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of thework, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.)The following necessary stormwater information was not submitted by the applicant: a. a. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s) not met). a.Standard # b.Standard # 9. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. to. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas, whichever will be greater. tt. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vernal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.03/1105 Page 4 of 7 Massachusetts Department of Environmental Protection �-- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 64-486 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40) and its regulations (310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. 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. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent 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 DEP Regional Office. E. Appeals The applicant,the owner, any person aggrieved by this Order,any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for 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 bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaform b.doc•rev.0311105 Page 5 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 64-486 \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signa res a d Notary Acknowledgement Please indic the umber of members who will sign this foryn: 1.Number of Signers Sign a of om is n Member Si (nature o onservatio Commission Member i a r of Co s Commission M er Signature of Conservatio Commission Member Si ature onse i jLommission Member Signature of Conservation Commission Member d ignature of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different) as follows: ❑ by hand delivery on by certified mail, return receipt requested on 0.Y1uA.V�t f Date Date �— Notary Acknowledgement Commonwealth of Massachusetts County of Essex 22 January 2009 _ On this Day of Month Year Before me, the undersigned Notary Public, D. Pabich, R. Christie, A. Hamilton, M. Blier, K. personally appeared Glidden, K. chio Document Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town CAREY R.D000ES vrE6c �tbv�KMCOfMEM �:< Augup owwaftdw 16,2616 Signaturof Notary Public Carey t Duques Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested, on Date Date wpaform b Eoc•rev.03/1/05 Page 6 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 64-486 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order 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 6 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: 488 Highland Avenue 64-486 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 �I wpalorm b.doc•rev.0311/05 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cumrrvngton Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deefield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchedown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Flonda Lanesborough North Adam Shutesbury West Stockbndge Buckland Gill Lee Northampton Southampton Whately Charemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levered Orange Southwick Williamsburg Chester Granville Leyden Otis SpringfiNtl Williamstown Chesterfield Great Banington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardstcn Millville Shirley Warren Ashby Devens Hudson New Braintree Shrewsbury Webster Worcester, MA 01605 Athol Douglas Holliston Ncrthborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbndge West Boylston Fax: 508-792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Barre East Brookfield Leominster Oakham Starting Westford TDD: 508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster Benin Gardner Lunenburg Paxton Sturbridge winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxborough Harvard Medway Phililpslon Townsend Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Matlapoisett ProOncetown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro Apuinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville, MA 02347 Attleboro Duxbury Hanover New Bedford Rochester Wellfieet Phone:508-946-2700 Avon Eastham Hanson North AWeborough Rockland West Bndgewater Fax:508-947-6557 Barnstable Fast Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tsbury TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marlon Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton Carver Foxborough Mashpee Plymouth Swansea Chatham Franklin Plymplon Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Menimac Quincy Wakefield One Winter Street Andover Chelsea Hom,aok Methuen Randolph Walpole Adington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Gmveland Medfield North Reading Swampscott Winthrop Canton Hamilton Med/ord Norwood TeWxsbury Woburn Carlisle Haverhill Melrose Peabody Tcpsfield Wpaform4b.doc•rev.1122/00 Page for 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. Cityfrown state Zip Code rtl Phone Number Fax Number(if applicable) Project Location rens Mailing Address Cityfrown state Zip Code 2. Applicant (as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 W pafonwfodoc•rev.10104 Page 1 of 2 i LiMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office. 4. 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. W palorrr4b.ticc•rev.10104 Page 2 of 2 '� wrf. aT�l rn�l J\' "Gf /e• +h �t.'" . t ��V Xti I� /�� p sla dl ��` •y,al Kyf'd+,� �'� xMx ^'v�f y ,' dna' �., I y / j a j5 �> �� yFL:,ES�Rd,QCs y X.4 i 1r � �. lin i� � ✓ 1� d>� �t � '>1 .—+r � � 1 "' zi: 4 �� v '�� % w u 4yFi• 4 _. n j + 1 ( . �� . ..� � �dr g4�rtf�� y l��lu'hy4��•�?••� �•Y+ ,�ya'!.✓`i��''I�F311tJ _ + I rel t e lly IN < i/,y ' t 'Iv 1. 1 I ��yl , �.��r"y'1��1 / _ y�r• `Z;'� �1 °;.J�w ��n 'J„v r' ENSR AECOM ' ENSR 2 Technology Park Drive,Westford, Massachusetts,01886-3140 T 978.589.3000 F 978.589.3100 vv w.ensr.aecom.com November 25, 2008 Salem Conservation Commission Attention: Carey Duques, Conservation Agent 93 Washington Street Salem, MA 01970 RE: Abbreviated Notice of Resource Area Delineation (ANRAD) 488 Highland Ave., Salem ' Dear Commission Members and Ms. Duques: ' On behalf of Camp Lion of Lynn Mass., Inc., ENSR is pleased to submit for your consideration the enclosed ANRAD for a site at 488 Highland Avenue, Salem, Mass. This ANRAD is being submitted specifically to request the Commission's review and confirmation of approximately 2,600 linear feet of Bordering Vegetated Wetland and 725 linear feet of Bank associated with an ' intermittent stream (as depicted on the enclosed plan). This will allow for project design in full compliance with the performance standards of 310 CMR 10.00. ' Thank you in advance for your time in review of this application, and we look forward to further discussions regarding this site. Please call me at 978-589-3390 with any questions. ' Sincerely, ENSR Terry E. Gensel Wetland Scientist 1 Cc: DEP Northeast Region 1 1 Salem ANRAD cover letter.doc �✓ ) �'t't �I � 5 �( A de � 159 I � `x'�- 9l.-t11 + 3. I I I J✓.� �� / � a4�a � +Jti � ✓ � � � Y � � �1�td Ij� -� � ♦ _I v� s1 � blrr veli.��qr � -� ,� e5x yat,tV I _, � i � I i♦ '. nJ a 'f`�f J r4. 1 i�t��1 1 � � S It I l I )1 . I i e r+a: 1I v a 1 . � rr' ENSR AECOM 1 Contents ' WPA Form 4A ATTACHMENT A Site and Resource Area Narrative 1.0 Introduction......................................................................................1 2.0 Site Overview....................................................................................1 ' ATTACHMENT B Wetland Delineation Data Sheets and Associated Photographs 1 ATTACHMENT C Site Plans and Figures Figure 1: USGS Locus Map ' Figure 2: FEMA FIRM Map i ' ENSR Corporation November 2008 i ANRAD—Camp Lion of Lynn Mass.,Inc. III November 2008 ' Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 4A — Abbreviated Notice of Resource Area Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number ' Salem City/Town A. General Information 1. Project Type: ' a. ® Resource Area Delineation Only b. ❑ Resource Area Delineation Subject to Simplified Review ' 2. Project Location (Note: electronic filers will click on button for GIS locator): 488 Highland Avenue Salem 01970 a.Street Address c.Zip Code ' Latitude and Longitude: 42.491718 -70.935331 d. Latitude e. Longitude 3 1 ' f.Assessors Map/Plat Number g. Parcel/Lot Number Important: When filling out 3. Applicant: forms on the ' computer,use Kevin Donahue Camp Lion of Lynn Mass. Inc. only the tab key a. First Name b. Last Name c.Company to move your 73 North Common Street cursor-do not use the return d.Mailing Address ' key. Lynn MA 01902 e.City(rown f.State g.Zip Code m 781 5986766 781 5991658 h. Phone Number i. Fax Number I.Email address 4. Property owner(if different from applicant): ❑ Check if more than one owner Same I ' a.First Name b.Last Name c.Company d.Mailing Address ' Note: Before e.City/Town f.State g.Zip Code completing this form consult your ' local h. Phone Number i. Fax Number j.Email address Conservation Commission 5. Representative (if any): regarding any municipal bylaw ENSR ' or ordinance. a.Firm Terry Gensel b.Contact Person First Name c.Contact Person Last Name ' 2 Technology Park Drive d.Mailing Address Westford MA 01886 e. City/Town - f.State g.Zip Code 978-589-3000 978-589-3100 terry.gensel@aecom.com h. Phone Number i. Fax Number j. Email address ' Fees will be 6. Total WPA Fee Paid (from attached ANRAD Wetland Fee Transmittal Form): online ted users. $2,000 $987.50 $1,012.50 online users. a.Total Fee Paid - b. State Fee Paid c.City/Town Fee Paid wpaform4a.doe-rev.03/1105 Page 1 of 5 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 4A — Abbreviated Notice of Resource Area Delineation 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number ' Salem City/Town Linear B. Area(s) Delineated ' 1. Bordering Vegetated Wetland (BVW) ^near F linear feet Feet of Boundary Delineated ' 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: a. ® MassDEP BVW Field Data Form (attached) ' b. ❑ Other Methods for Determining the BVW boundary (attach documentation): 1. 0 50% or more wetland indicator plants ' 2. ® Saturated/inundated conditions exist 3. ❑ Groundwater indicators 4. ❑ Direct observation 5. ® Hydric soil indicators s. ❑ Credible evidence of conditions prior to disturbance 3. Indicate if any other resource area(s) are delineated: intermittent stream —725' ' a. Resource Area b. Linear Feet Delineated c. Resource Area d. Linear Feet Delineated C. Additional Information Applicants must include the following plans with this Abbreviated Notice of Resource Area Delineation. 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. ® ANRAD (Delineation Plans only) 2. ❑ Simplified Review ANRAD with Stormwater(Delineation Plans and Project Plans) 3. ❑ Simplified Review ANRAD without Stormwater(Delineation Plans only) ' 4. ® 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.) 5. ® Plans identifying the boundaries of the Bordering Vegetated Wetlands (BVW) (and other resource areas, if applicable). s. ® List the titles and final revision dates for all plans and other materials submitted with this ' Abbreviated Notice of Resource Area Delineation. ' wpaform,la.doc•rev.03/1/05 Page 2 of 5 t Ma \ ssachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 4A — Abbreviated Notice of Resource Area Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Citylrown D. Simplified Review for Buffer Zone Projects ' Simplified I certify that the project design and construction, in order to be eligible for Buffer Zone Simplified Review cannot be applied to Review, complies with the following requirements. work proposed ' within riverfront Boxes 1-10 must be checked in order for the application to be eligible. areas or 1. El No work of any kind will occur within any wetland resource areas including Riverfront Area and bordering land Bordering Land Subject to Flooding. subject to 9 1 9. ' flooding. z. El The inner 0-to-50-foot wide area from the delineated wetland boundary will not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. ❑ The buffer zone where the work is proposed does not border an Outstanding Resource Water (e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. ❑ The buffer zone is not adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). ' 5. ❑ If the project is subject to the Massachusetts Stormwater Policy, all work will be conducted in conformance with an approved Stormwater Management Plan. s. ❑ Erosion and Sedimentation controls will be provided at the 50-foot buffer zone line or limit of work ' (whichever is a greater distance from the resource area) and be sufficient to protect resource areas during construction. 7. ❑ The buffer zone does not-contain an existing slope greater than an average of 15%at its ' steepest gradient across the 100-foot width of the buffer zone from the edge of the resource area to the outer edge of the buffer zone. ' a. ❑ Following completion of the project, the amount of new impervious surface, in combination with existing impervious surfaces, will not exceed 40% of the buffer zone between 50 and 100 feet from a delineated boundary. g. ❑ If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed, for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future ' NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. lo. The project a. ❑ is b. ❑ is not subject to the Massachusetts Stormwater Policy. ' If the project is subject to the Stormwater Policy, check one of the following three boxes: t. ❑ attached is a Stormwater Management Form (and supporting information) 2. ❑ no work contemplated at this time. a Stormwater Management Form (and supporting information)will be provided to the Conservation Commission for review and concurrence prior to the commencement of any work on the site. 3. ❑ Stormwater Management Form is being submitted for a previously issued Order of Resource Area Delineation (delineation only) dated: a. Date ' b.Title of Stormwater Management Plan c. Date d.Signature of Applicant or Applicant's Representative ' wpaform4a doc•rev.0311105 Page 3 of 5 ' Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 4A — Abbreviated Notice of Resource Area Delineation Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number ' Salem City/Town E. Fees ' The fees for work proposed under each Abbreviated Notice of Resource Area Delineation must be calculated and submitted to the Conservation Commission and the Department(see Instructions and 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 the attached Wetland Fee Transmittal Form)to confirm fee payment: ' 6853 11-25-08 1.Municipal Check Number 2.Check date 6852 11-25-08 3.State Check Number 4.Check date Kennedy Development Group Inc. 5. Payor name on check: First Name 6. Payor name on check: Last Name i ' w aform4a doe•rev.0311105 Page 4 of 5 Massachusetts Department of Environmental Protection Provided by NlassDEP: Bureau of Resource Protection -Wetlands _ WPA Form 4A —Abbreviated Notice of Resource Area Delineation MaSSD�File Num1--- ILIMassachusetts Wetlands Protection Act M.G.L. a 131, §40 09MM'nt 7rdnaaction Number Salem ' F..Signatures and.Certification Requirements 'I certify under the penalties of,perjury that the foregoing Abbreviated Notice of Resource.Area Delineation and accompanying plans,documents,and supporting data are true,and complete to the best of my knowledge. I understand that the Conservatiori Commission Will'place notification of this Notice in a loml newspaper at the expense of the applicant in accordance with the we0ande regulations,3]0 CMR 1q.05( ca). I certify that any work associated with the proposed project meet$all of the eligibility criteria listed in °Section D above. If the:project does not comply with the Section 0 eligibility'requirements,or if I decide to not do this work allowed by the Simplified Review Approval,I will file a Notice of Intent or Request for Determination of Applicability for any proposed future work as required by the Conservation Commission. I acknowledge that I am responsible for promptly requesting a Certificate of Compliance fapo,ving completion of any work snowed pursuarItto a Simplified Review or no later Rendition,Area Delineation unless the O der ithan three years from the date of the Order of Conditions: s extended on Wetland Form 7,6dension permit for Order of ' I further certify under penalties of perjury that all abutters were notified of this application,pw suant to the requirements Of M.G.L..c.131,§40:Notice must be made in writing by hand delivery or certitted mail(return receipt requested)to all abutters within 100 feet ofthe property line of the project location. thereby grant permission,to the Agent or member of theConservatlon Commission and the Department of Environmental Protection,to enter and inspect the area.subject to this Notice atreasanable hours to evaluate the Projectsubject C bject to this Nptice,a Conservation to require the Submittal Of any data deemed necessary by the ammission or Department for that evalua0on. ' I acknowledge that failure-to comply with these certification requirements is grounds for the Conservation Commission or the Department to,take enforcement action, 1.Slo,ra af,gpPltcent� / _Z.e< QO 2D �-- ' 3-srgnatwe Fmpenyawner(lfdlfleMnt) �'�'"J�o.Ji �CnIs2� e•iota V 5.Sgnatureo�Aunr• ,�M. 0` t/�'1�LJ al Date ' For Conservation Commission: 'Two copies of the completed Abbreviated Notice of-Resource Area Delineation(Form 4A), including supporong plans and documents;two copies of the ANRAD Wetland Fee Transmittal Form;and tha ' city/town fee payment must be sent to the Conseniatlon Commission bee i'certified manor hand delivery. For nAassDEP:. One copy of the'completetlAbbreviated Notice of Resource Area Deilneation(Form 4A),including ' supponing,titans and documents;one copy of the ANRAD Welland Fee Transmittal Form;and a copy of the state fee payment must be sent to the MassDEP Regional Office(see Instructions)by certified mail or hand delivery: (E-filers may submitthese electronically.) Other; If the applicant has checked the"yes"box in any part'of'Section C, refer to that section and the insuuctlons for additional submittal requirements; ' The'onotnai and copies must be sent simultaneously.Failure by the applicant to send coldes in a timely manner may result in dismissal of the Notice of Intent +mefmmaa:ux•fn o2N105 ' SgaS c15 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 4A — ANRAD 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 Kevin Donahue Camp Lion of Lynn Mass. Inc key to move a. First Name b. Last Name c.Company ' your cursor- 73 North Common Street do not use the d.Mailing Address return key. Lynn MA 01902 ' e.City/Town f.State g.Zip Code ed 781 5986766 h. Phone Number ' 2. Property Owner(if different): Same a. First Name b. Last Name c.Company ' d. Mailing Address ' e.CityrFown f.State g.Zip Code h. Phone Number ' 3. Project Location: a.Street Address b.Citylrown B. Fees ' The fee is calculated as follows for each Resource Area Delineation included in the ANRAD (check applicable project type): Bordering Vegetated Wetland: ❑ Online t. ❑ single family users: house project a. linear feet x$2.00= b.Total fee not to exceed$200 ' check box 2. ® all other 2,600 If $2,000 if fee projects a. linear feet x$2.00= b.Total fee not to exceed$2,000 exempt. Other Resource Area (e.g., bank, riverfront area, etc.): 3. ❑ single family house project a. linear feet x$2.00= b.Total fee not to exceed$200 4. ❑ all other ' projects a. linear feet x$2.00= b.Total fee not to exceed$2,000 ' State share of filing fee: $9of 5. 11/2 2 of total fee less$12.50 City/Town share of filing fee: & 112 of.50 ' 6. 1/2 of total fee plus$12.50 Wpafornn3 doc•Appendix A•rev.311105 Page 1 of 2 1 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 4A — ANRAD Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' C. Submittal Requirements ' a.) Send a copy of this form, with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection ' Box 4062 Boston, MA 02211 ' b.) To the Conservation Commission: Send the Abbreviated Notice of Resource Area Delineation; a copy of this form; and the city/town fee payment. c.) To MassDEP Regional Office (see Instructions): Send one copy of the Abbreviated Notice of ' Resource Area Delineation (and any additional documentation required as part of a Simplified Review Buffer Zone Project); a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) ' Wpaform3.doe•Appendix A•rev.311/05 Page 2 of 2 ENSR ' Attachment A 1 Site and Resource Area Narrative 1 1 1 1 1 1 1 ' November 2008 ANRAD—Camp Lion of Lynn Mass.,Inc. ' ENSR AECOM Introduction ' On behalf of Camp Lion of Lynn, Mass., Inc. ENSR herein submits an Abbreviated Notice of Resource Area Delineation for review. This report summarizes the results of investigations conducted by ENSR to identify ' potential wetland resource areas within the subject area. The site is located at 488 Highland Avenue, Salem, Massachusetts, as indicated on the attached USGS Locus Map (Figurel). ENSR wetland scientists investigated the above referenced area for the purpose of wetland resource areas subject to the jurisdiction ' of the Massachusetts Wetlands Protection Act (MWPA), and Section 404 of the federal Clean Water Act. ENSR uses a multi-parameter methodology, which incorporates the presence of hydric soils, dominance of ' hydrophytic vegetation, and other indicators of hydrology to determine the limits of state and federal jurisdictional wetlands. As a result of the site investigation, the study region revealed several distinct wetlands that were considered jurisdictional wetland resource areas under the MWPA and its Regulations at 310 CMR 10.00. For the ' purpose of this ANRAD, a specific portion of these wetland areas is submitted for review. All other wetland areas on the property and within buffer zones from off-site adjacent properties will not be included for the t purpose of this ANRAD submission. The wetland region submitted for this review consists of an intermittent stream channel (Bank) and associated Bordering Vegetated Wetland (BVW). The location and associated ' Bank and BVW flags are described in the following sections. The wetland delineated for this review in general consists of a forested scrub-shrub wetland, with an intermittent stream drainage channel. The wetland delineation flags have been located using ground survey and plotted on the site plans ' accompanying this report. In addition, wetland boundary data sheets and associated upland and hydric soil auger photographs are also included with this submission. ' Description of Resource Areas Bordering Vegetated Wetland/Bank 1 The Bordering Vegetated Wetland and associated intermittent stream Bank submitted for this review are located on the northeast side of the existing Camp Lion's drive. The intermittent stream flags, as indicated on the attached plan, start at the drive edge just after the camp's office building. The stream's Bank flags and associated BVW then extend through a forested region to the north or just beyond the northern side of the i ' camp's pool region. ' The intermittent stream's delineated Bank starts with flag #1 on the northern Bank at the access road and continues northerly to Bank flag #21. The opposite side, or southern Bank of the intermittent stream, starts with Bank flag #20 at the access road and continues to Bank flag #3. The intermittent stream runs through a ' ANHAD-Camp Lion of Lynn Mass.,Inc. ' November 2008 ' ENSR I AECOM ' region where bedrock appears to be shallow and outcrops are somewhat common throughout the study region as well. The region is mapped as Chatfield-Hollis-Rock outcrop complex with 3 to 15 percent slopes. The Bordering Vegetated Wetland associated with the stream and wetland basin were flagged as Wetland Area A and Wetland Area B. The BVW associated with the southern side of the intermittent stream starts with wetland flag number Al at the access road and continues northerly to wetland flag A28. The opposite side of the stream starts with BVW flag number B20 at the access road and continues along the intermittent stream ' channel and ends along an outcrop area located into the wetland basin to the north. The forested scrub-shrub wetland associated with the stream and wetland basin is generally dominated by ' woody species and has a dense tree and shrub layer. A significant herbaceous layer was not apparent due to the dense shading from the tree and shrub layers. The dominant woody species documented include Red Maple (Acer rubrum), Gray Birch (Betula populifolia), Sweet Pepperbush (Clethra alnifolia), and Highbush Blueberry (Vaccinum corymbosum). The less dominant woody species found at the wetland transition zone ' and within the wetland itself included Winterberry (Ilex verticillata), Willow (Salix sp.), Arrowwood (Viburnum recognitum), Meadowsweet (Spiraea latifolia), White Pine (Pinus strobes), American Elm (Ulmus Americana), and Ash (Fraxinus sp.). The herbaceous layer of the forested scrub-shrub wetland consists of a lower percentage of species such as Canada Mayflower (Maianthemum canadense), Skunk Cabbage (Symplocarpus foetidus), Sphagnum sp., and Goldenrod(Solidago sp.). Bordering Land Subject to Flooding ' The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for the City of Salem, Massachusetts (Map No. 250102 0005 B, revised August 5, 1985) indicates that no portion of the site ' falls within a regulated flocizone. A copy of the FIRM is included in the appendix of this report. Rare Species According to the most recent information on MassGIS, updated by the Massachusetts Natural Heritage and ' Endangered Species Program, the site is not located within an area of Estimated Habitats of Rare Wildlife or an area of Priority Habitats of Rare Species. There are no certified vernal pools located on or near the site. ' ENSR did not observe any evidence of rare or endangered species during the site investigations. AN RAD-Camp Lion of Lynn Mass.,Inc. November 2008 ENSR 1 i Attachment B ' Wetland Delineation Data Sheets and Associated Photographs 1 1 1 1 1 1 1 1 1 1 ' November 2008 ANRAIJ—Camp Lion of Lynn Mass.,Inc. � � >• ilii � � r illi iiiii� � r � ire � � � iil� l� � DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by , Tpan Gensel Project Location: 489 Hi@hleRel,4ve DEP File #: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II n Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: 1-Wet Transect NumberL N/A Date: 11 /18/08 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Cate o Tree: Red maple- Acer rubrum 39.0% 65.0% Yes Fac" Gray Birch - Betula populifolia 20.5% 35.0% Yes FAC* Shrub: Pepperbush - Clethra alnifolia 20.5% 100% Yes FAC* Herbaceous: Skunk cabbage -Symplocarpus foetidus 20.5% 77.4% Yes ObI' Sphagnum sp. 3.0 11.3% No Obl' Canada mayflower- Maianthemum 3.0 11.3% No Fac canadense NOTE: Sample location near flag 7A. * Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c. 131,40); plants in the genus Sphagnum;plants listed as FAC,FAC+,FACW-,FACW, FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 4 Number of Dominant non-wetland indicator plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetiand plants? yes ® ' no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Section II. Indicators of Hydrology Other Indicators of Hydrology: (Check all that apply and describe) ® Site inundated: Hydric Soil Interpretation ® Depth to free water in observation hole: 2" Replication Area: Soil Samples Not Taken ❑ Depth to soil saturation in observation hole: 1" i. Soil Survey: ® Water marks: Is there a published soil survey for this site? ®Yes ❑ No ❑ Drift lines: ❑ Sediment deposits: title/date: NRCS Essex County Southern Part Area data version 7 may 5, 2008 ® Drainage patterns in BVW: map number: MA606 ® Oxidized rhizospheres: soil type mapped 102C Chatfield-Hollis-Rock outcrock ® Water-Stained leaves: complex, 3-15%slopes hydric soil inclusions ❑ Recorded data (stream, lake,or tidal gauge;aerial photo;other): Are field observations consistent with soil survey? ®Yes ❑No Remarks: ❑ Other: 2. Soil Descri tion Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color Yes No A 0-6 7.5YR - 2.5/1 None Number of wetland indicator plants B 6-10 7.5YR -3/1 None ➢ number of non-wetland indicator plants ® ❑ B 10-18 7.5YR -4/1 None Wetland hydrology present: ® ❑ hydric soil present Remarks: other indicators of hydrology present ® ❑ 3. Other: Sample location is in a BVW ® ❑ Submit this form with the Request for Determination of Applicability or Notice of Intent. Conclusion: Is soil hydric? ®Yes ❑No NA DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by * Teri Gamal Project Location: 499 Ave DEP File #: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II n Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: 1-Il0Transect Numbj: N/A Dgie. 11 /18/08 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Category* Tree: Red maple- Acer rubrum 10.5% 5.8% No Fac' Gray Birch - Betula populifolia 10.5% 5.8% No Fac* White Pine - Pinus strobus 63.0% 349% Yes Facu Red Oak- Auercus rubra 38.0% 21.0% Yes FacU- Shrub: Pepperbush - Clethra alnifolia 20.5% t00% Yes Fac* Herbaceous: Canada mayflower- Maianthemum 38.0% 100% Yes Fac* conadense NOTE: Sample location near flag 7A. Upland * Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act (MGL c. 131,40); plants in the genus Sphagnum;plants listed as FAC,FAC+, FACW-,FACW,FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 2 Number of Dominant non-wetland indicator plants: 2 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes ® no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP: 3/95 Section II. Indicators of Hydrology Other Indicators of Hydrology: (Check all that apply and describe) ❑ Site inundated: Hydric Soil Interpretation ® Depth to free water in observation hole: 1 ' Replication Area: Soil Samples Not Taken ❑ Depth to soil saturation in observation hole: 6" i. Soil Survey: ❑ Water marks: Is there a published soil survey for this site? ®Yes ❑ No ❑ Drift lines: ❑ Sediment deposits- title/date: NRCS Essex County Southern Part Area data version 7 may 5, 2008 F1 Drainage patterns in BVW: map number: MA606 ❑ Oxidized rhizospheres: soil type mapped 102C Chatfield-Hollis-Rock outcrock c ❑ Water-Stained leaves: complex, 3-15%slopes hydric soil inclusions ❑ Recorded data (stream,lake,or tidal gauge;aerial photo;other): Are field observations consistent with soil survey? ®Yes ❑No Remarks: ❑ Other: 2. Soil Desch tion Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color Yes No A 1-3 7.5YR -2.5/1 None Number of wetland indicator plants B 3-11 7.5YR - 4/4 None ➢ number of non-wetland indicator plants ® ❑ B 11-18 7.5YR - 5/6 None Wetland hydrology present: ❑ hydric soil present Remarks: Upland Plot other indicators of hydrology present ❑ 3. Other: Sample location is in a BVW ❑ Submit this form with the Request for Determination of Applicability or Notice of Intent. Conclusion: Is soil hydric? ❑Yes ®No . . 1: Representative of Upland soil auger near fla41_ x v 1 � _ - M Photo - resentative of Hydric soil auger near flag 7 p r^ A n r• .n5� DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by , Teu Gensel Project Location: 498 MighleRel Ave DEP File #: Check all that apply: Sample location near flag 17B Region. Wetland Plot ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II n Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: 2-Wet Transect NumbPr»>�N/A Date 11 /1R/08 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Category* Tree: Red maple - Acer rubrum 20.5% 66.1% Yes Fac* Gray Birch - Betula populifolia 10.5% 33.9% Yes Fac* Shrub: Pepperbush - Clethra alnifolia 38.0% 78.3% Yes Fac* Highbush Blueberry- Vaccinium 10.5% 21.6% Yes FacW--* corymbosum Herbaceous: Canada mayflower- Maianthemum 20.5% 60.3% Yes Fac* canadense Sphognumsp. 10.5% 30.9% Yes Obl* Goldenrod -Solidago sp. 3.0% 8.8% No FAC* NOTE: * Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c. 131,40); plants in the genus Sphagnum; plants listed as FAC, FAC+,FACW-,FACW,FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physioloqical or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 6 Number of Dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes ® no ❑ If vegetation clone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Conclusion: Is soil hydric? ®Yes ❑No Other Indicators of Hydrology: (Check all that apply and describe) ® Site inundated: ® Depth to free water in observation hole: Section II. Indicators of Hydrology ❑ Depth to soil saturation in observation hole: a" ❑ Water marks: .Hydric Soil Interpretation El Drift lines: Replication Area: Soil Samples Not Taken ❑ Sediment deposits: t. Soil Survey: ❑ Drainage patterns in BVW: Is there a published soil survey for this site? ®Yes ❑ No ® Oxidized rhizospheres: title/date: NRCS Essex County Southern Part ® Water-Stained leaves: Area data version 7 may 5, 2008 ❑ Recorded data (stream,lake,or tidal gauge;aerial photo;other): map number: MA606 soil type mapped 102C Chatfield-Hollis-Rock outcrock complex, 3-15%slopes ❑ Other: hydric soil inclusions Are field observations consistent with soil survey? ®Yes []No Vegetation and Hydrology Conclusion Remarks: Yes No Number of wetland indicator plants ➢ number of non-wetland indicator plants ® ❑ 2. Soil Descri tion Horizon Depth Matrix Color Mottles Color Wetland hydrology present: ® ❑ A 1-3 7.5YR -2.5/1 None hydric soil present B 4-9 7.5YR -2.5/2 None B 9-18 7.5YR -3/2 10% 7.5YR 5/1 other indicators of hydrology present ® ❑ Sample location is in a BVW ® ❑ Remarks Submit this form with the Request for Determination of Applicability or Notice of Intent. 3. Other: DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by Terry GanaPI Project Location: eve DEP File #: Check all that apply: Sample location near flag 17B Region. Upland ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only M Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and 11 n Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: -2-11"- Transect Numb2L:-b1A Date: 11 /18/08 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator b common/scientific name or basal area Dominance es or no Category* Tree: Red maple- Acer rubrum 3.0% 6.8% No Fac* Gray Birch - Betula populifolia 20.5% 46.6% Yes Fac* Red Oak - Auercus rubra 20.5% 46.6% Yes FacU- Shrub: Pepperbush - Clethro alnifolia 3% 100% Yes Fac* Herbaceous: Canada mayflower- Maianthemum 20.5% 66.0% Yes Fac* canadense Goldenrod -Solidago sp. 10.5% 33.8% Yes FAC* NOTE: + Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c. 131,40); plants in the genus Sphagnum;plants listed as FAC,FAC+, FACW-,FACW,FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. rt getative conclusion: Number of dominate Wetland Indicator Plants: 4 Number of Dominant non-wetland indicator plants: 1 he number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes M no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Conclusion: Is soil hydric? []Yes ®No Section II. Indicators of Hydrology Other Indicators of Hydrology: (Check all that apply and describe) ❑ Site inundated: Hydric Soil Interpretation Replication Area: Soil Samples Not Taken ® Depth to free water in observation hole: -1-7" ❑ Depth to soil saturation in observation hole: 8" i. Soil Survey: ❑ Water marks: Is there a published soil survey for this site? ®Yes ❑ No ❑ Drift lines: title/date: NRCS Essex County Southern Part ❑ Sediment deposits: Area data version 7 may 5, 2008 ❑ Drainage patterns in BVW: map number: MA606 ❑ Oxidized rhizospheres: soil type mapped 102C Chatfield-Hollis-Rock outcrock complex, 3-15%slopes ❑ Water-Stained leaves: hydric soil inclusions ❑ Recorded data (stream,lake,or tidal gauge;aerial photo;other): Are field observations consistent with soil survey? ®Yes ❑No Remarks: ❑ Other: 2. Soil Descri tion Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color A 1-4 7.5YR -2.5/1 None Yes No B 4-18 7.5YR -4/4 None Number of wetland indicator plants ➢ number of non-wetland indicator plants ® ❑ Wetland hydrology present: ❑ hydric soil present Remarks: Upland Plot other indicators of hydrology present ❑ 3. Other: Sample location is in a BVW ❑ Submit this form with the Request for Determination of Applicability or Notice of Intent. Photo Re resentative of • i r .I • • of • C -y. ,;a°,a� 7 ,1y+' �•� rpm a: � � �� '11�" • � � �� ems. =tl .�t�• - -qtr •R+._.��""" ',z. DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by * Tprqz Gamel Project Location: 499 HighleaePve DEP File #: Check all that apply: Sample location near flag 27A Region. Wetland Plot ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II (—I Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: a-W—f Transect NumbLL-N A Date 11/18/08 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Category* Tree: Red maple -Acer rubrum 63.0% 86.0% Yes Fac* Gray Birch - Betula populifolia 14.3% 33.9% Yes Fac' Shrub: Pepperbush - Clethra alnifolia 85.5% 96.6% Yes Fac* Highbush Blueberry- Vaccinium 3.0% 3.4% No FacW--* corymbosum Herbaceous: Sphagnum sp. 38.0% 100% Yes Obl' NOTE: • Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c. 131,40); plants in the genus Sphagnum;plants listed as FAC, FAC+,FACW-,FACW, FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 4 Number of Dominant non-wetland indicator plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes ® no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Other Indicators of Hydrology: (Check all that apply and describe) ® Site inundated: ® Depth to free water in observation hole: 6" Section II. Indicators of Hydrology ❑ Depth to soil saturation in observation hole: 2" Hydric Soil Interpretation ® water marks: Replication Area: Soil Samples Not Taken ❑ Drift lines: ❑ Sediment deposits: i. Soil Survey: ® Drainage patterns in BVW: Is there a published soil survey for this site? ®Yes ❑ No ® Oxidized rhizospheres: title/date: NRCS Essex County Southern Part ® Water-Stained leaves: Area data version 7 may 5, 2008 ❑ Recorded data (stream,lake,or tidal gauge;aerial photo;other): map number: MA606 soil type mapped 102C Chatfield-Hollis-Rock outcrock complex, 3-15%slopes ❑ Other: hydric soil inclusions Are field observations consistent with soil survey? ®Yes ❑No Vegetation and Hydrology Conclusion Remarks: Yes No Number of wetland indicator plants 2. Soil Descri tion ➢ number of non-wetland indicator plants ® ❑ Horizon Depth Matrix Color Mottles Color Wetland hydrology present: ® 1:1A 1-4 7.5YR -2.5/1 None B 4-10 7.5YR -3/1 None hydric soil present B 10-18 7.5YR - 4/1-6/1 other indicators of hydrology present ® ❑ Sample location is in a BVW ® ❑ Remarks: Submit this form with the Request for Determination of Applicability or Notice of Intent. 3. Other: Conclusion: Is soil hydric? ®Yes ❑No DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Prepared by , TerN uncal Project Location: 48 kli@h4ead 4Ve DEP File #: Check all that apply: Sample location near flag 27A Region. Upland ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II F- Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: -3-Lip- Transect NumberL LU Date: 1 1/1 A/OA A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Category* Tree: Red maple -Acer rubrum 20.5% 21.8% Yes Fac' Black Cherry- Betula populifolia 10.5% 11.2% No FacU Red Oak-Auercus rubra 63.0% 67.0% Yes FocU- Shrub: Pepperbush - Clethra alnifolia 20.5% 100% Yes Fac' Herbaceous: Goldenrod -Solidago sp. 10.5% 100% Yes FAC' NOTE: Use an asterisk to mark wetland indicator plants:plant species listed in the Wetlands Protection Act (MGL c. 131,40(; plants in the genus Sphagnum;plants listed as FAC,FAC+,FACW-, FACW, FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 3 Number of Dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? yes ® no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Conclusion: Is soil hydric? ❑Yes ®No Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) ❑ Site inundated: Hydric Soil Interpretation Napa Area: Soil Samples Not Taken ® Depth to free water in observation hole: ^ ❑ Depth to soil saturation in observation hole: 12" 1. Soil Survey: ❑ Water marks: Is there a published soil survey for this site? ®Yes ❑ No ❑ Drift lines: title/date: NRCS Essex County Southern Part ❑ Sediment deposits: Area data version 7 may 5, 2008 ❑ Drainage patterns in BVW: map number: MA606 soil type mapped 102C Chatfield-Hollis-Rock outcrock ❑ Oxidized rhizospheres: complex, 3-15%slopes ❑ Water-Stained leaves: hydric soil inclusions ❑ Recorded data (stream,lake,or tidal gauge:aerial photo;other): Are field observations consistent with soil survey? ®Yes ❑No Remarks: ❑ Other: 2. Soil Descri tion Horizon Depth Matrix Color Mottles Color Vegetation and Hydrology Conclusion A 1-2 7.5YR -2.5/1 None Yes No B 2-6 7.5YR -4/2 None Number of wetland indicator plants B 6-18 7.5YR - 4/6 None ➢ number of non-wetland indicator plants ® ❑ Wetland hydrology present: ❑ hydric soil present Remarks: Upland Plot other indicators of hydrology present ❑ 3. other: Sample location is in a BVW ❑ Submit this form with the Request for Determination of Applicability or Notice of Intent. Photo 5: Re resentative of U land soil auger near flag 27A L � (y 1 Y7 1 1J 1 d JCC u aa� Photo 6: Re resentative of Hydric soil auger near flag 27A 1 x � 3 xr tf v i, .• Yt tier � a TT �,. ?� ,•µv ENSR 1 1 i Attachment C ' Site Plan and Figures 1 1 November 2008 ANRAD—Camp Lion of Lynn Mass.,Inc. r3 EN / � ��• �,\ � U�I ��r � i - ®♦�[q7 N CIA" Fig mw Own 4 J ��/ a V .. �OWNS .!!1 alb..�.��ISi®►� o . tee% �p r n Via.l rr 3 , 'gate". IN . @a�i�A�7TJBrnrara®JII%Ii��,au 7( I iTaili\r�111L1,� ,('�f(��C'��•. ��(, r' � ��.�n'aa'{il �1��j��\ ��, �•a�;-.CSS �� o, L 1 f 1 R'ti►� J Ct' lk . � v A�,,��Yt'''p�ID�o\\`.�`s�'��`�` r,.!s��` \j•� /"✓..� PIR ON n14 a R' ,� � ,a �0 <7aLWtl's5OIL �� NO � / �,�, �� ► �e°' Abbreviated E Resource Area Delineation 488 Highland Ave Salem, Massachusetts I inch equals 2,000 fee �® .® ` I \ ti •�C �s 1 r� � In • Y 4t /� t. All f� i x �e 1 `, ', rf z��•r ' �. tri / ♦1 / p} �• m � E � ^, . J • ''', �j -+�a,�Err c�a`'r'`��'+'.»� f:��Jy�' `1.� +.yr'*.l�t Q �. /"• ' i ` I�-'�5�� - «� f. �. 1,6..1 �! �� \. a� i.. 1 > Gam • qi .. �,RFw A� .'.`` �:.:_ /��j/^rte + �� n'� �r � •� w r. • }� �., -i( r t�A. �s 'r.' ,b ...•.'n� ,.. � 1j�K r r al � x a�`�.�i �� .�•; a +i�C�t''1�1 Y i. „�� :x',,. 4n�1 . `•' +. -t'�c'��.m�.�+^ 1 c i-' tl v �`�{r a l� v(v � •` -0 u i r �y•�ra '.a 1, b. I�_ -/i\ Sa �1ic n ♦ > .w ,+ - �� - Y v i � ��'1lJ��f L� ♦ r? a -1 SM a��i 1. - \�`�� :Ell `�'� r. '��° � ro-01s.��k'� • Legend FEMA Flood Zones AE- 100 yr Flood, Elevation Study 11 � ♦ r4 4 • f / �FYy '•r .- I�:. .ir 1Q. ;'<. e..K' � �t i-. `l i;" �+. •y.. as .:�.r•f�sb, ... W 6 FEMA Map �a.`iPliil��i?•`� 488 Highland Salem, Massachusetts 1 inch • - .- equals 1,000 feet •. ..• • II 1 ••11 r■ r M Mill M i i APPROXIMATE SCALE 500 0 500 FEET P t \ NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP r CITY OF SALEM, MASSACHUSETTS jESSEX COUNTY PANEL 5 OF 5 r (SEE MAP INDEX FOR PANELS NOT PRINTED) ZONE C \ \ COMMUNITY-PANEL NUMBER \ 250102 0005 B MAP REVISED: \�\ � AUGUST 5,1D85 Federal Emergency Management Agency r\ This is an official copy of a portion of the above referenced load map. it was extracted!using F-MIT On-Une This map does not reflect changes or amendments which may have been mace subsequentto the Cate on the titledock. For the latest product information about National Rood Insurance -�� Program flood maps check the FEMA Flood Map Stora at w ndsc.fenri 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 11th. To consider an Abbreviated Notice of Resource Area Delineation (ANRAD) Of Camp Lion of Lynn Massachusetts, Inc. For the property located at 488 Highland Ave.,Map/Parcel 3/1 For the approval of a resource area delineation only. There is no work associated with this submission at this time. The delineation is for an intermittent stream (Bank) and associated Bordering Vegetated Wetland(B V W), 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: 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 Q. NorNieast Region: (978)694-3200 Southeast Region: (508)946-2714 Western Region: (413)784-1100- IE-1 91 NOV"2 0 2008 IlEPf OF PLANNING 3 ' CITY OF SALEM r�t�1��Us;��csvcLCP+�;�` ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 488 Highland Avenue (03-0001-0) 488 Rear Highland Avenue (03-0139-0) 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)(x))to the parcel(s) of land listed above as the project site. ' Assessor's Signature. Date: KXy Z®t �GdfO� ' Number of initiated pages attached: _ r - Once Certified,Return to: ' Carey Duques;Department of Planning and Community Development 03_0006_923 03_0006_938 03_0006916 ' GRIFFIN ROBERTI HAZEL WILLIAM GILMORE MARKS 1 CARRIAGE HILL LANE U2601 - 19 CARRIAGE HILL LANE U-2504 8 CARRIAGE HILL LANE 02204 SALEM,MA 01970 SALEM,MA 01970 .SALEM,MA 01970 ' 03 0006 917 03 0006 913 03 0006 927 THE G.F.B.TRUST WILLIAMS DONALD J JR WALLACE SUSAN 10 CARRIAGE HILL LANE 02205 2 CARRIAGE HILL LANE U2201 - 9 CARRIAGE HILL LANE ' SALEM,.MA 01970 SALEM,MA 01970 SALEM,MA 01970. ' 03_0006_925 - 03_0006_922 03_0006_867 REGAN PAUL T FERGUSON JOHN H BORRELLI RICHARD F I 1 CARRIAGE HILL LANE U2606 20 CARRIAGE HILL LANE U2304 1 COUNTRYSIDE LN U1401. SALEM,MA 01970 SALEM,MA 01970 SALEM,MA01970 03_0006 918` 03_0006939 03 0006_865 IZEFLIR HEIDIIHOEFLER GEORGE PRIMASON WEBBF GARDYNA CONSTANCET 12 CARRIAGE HILL LANE U2206 21 CARRIAGE HILLLANE U2505 10 COUNTRYSIDE LN U1305 ' SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970. ' 03_0006935 03_0006 940 03_0006 872 KORINS THOMAS OMAS ANITA L DALEY ALICE M 13 CARRIAGE HILL LANE U-2501 23 CARRIAGE HILL LANE U-2506 11 COUNTRYSIDE LANE U 1406 .SALEM,MA.01970 .SALEM,MA 01970 SALEM,MA 91970 03 0006 919 -03 0006 924 03_ IN0006_866 GOLDEIN STANLEY MARY L:MALCOLM 2007 REV TR MARTJANffS H JR ' 14 CARRIAGE HILL LANE U2301. 3 CARRIAGE HILL LANE 02602 12 COUNTRYSIDE LN U1306 SALEM,MA 01970 SALEM,MA 01970 SALEM;MA 01970 ' 03_-0006_936' 03_0006914 03_0006_861 ALOISI JOSEPH A POTASHNIKOV YUIUY LBJDQUIST PAUL r 15 CARRIAGE HILL LANE 02502 4 CARRIAGE.HILL LN U2202 2 COUNTRYSIDE LANE U 1301 III SALEM,MA 01970. SALEM,MA 01970 SALEM,MA,01970 03_0006.-920 030006 92S. 03 0006 868 COSTA ROBERT A' DEGAN.SEAN C BARON SANDRA R. 16 CARRIAGE HILL LANE U2302 5CARRIAGE HILL LANE U2603 3 COUNTRYSIDE LANE U1402 SALEM,MA 01970 SALEM,MA 01970 SALEM;MA 01970 t 4 ' 03000'6937 03 OOOfi915 03_0006_862 i JACKSON STEVEN M ALBANO EDWARD MUNRO CECILIA 17 CARRIAGE HILL LANE U-2503 6 CARRIAGE HILL LA,U2203 4 COUNTRYSIDE LANE U1302 ' SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01910 03_0006 3 921 00006_926 03 ODD6 869 ARCH117 LA ANABELA F JOHN F BURKE NOM TRUST MORPILO ROBERT J 18 CARRIAGE HILL,LANE:U2303 7 CARRIAGE BILL LANE2604 5 COUNTRYSIDE LANE U 1403 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 0;_0006_863 03_0004_0 02.0043_0 :REZNIKOV.LEON ROUTEI07 SALEM ASSOC LIM PRT PROODIAN BOBERTP ' 6 COUNTRYSIDE.LANE U1303 - 1330 BOYLSTON ST STE212 1 MANNING ROAD SALEM,MA 01970 CHESTNUT HILI,MA 02167 LYNN,MA 01902 ' 03_0006.870 03_0003_0 03_0001_0 GREEN JONAS SHAW SALEMCITY OF CAMP LION OF LYNN MASS INC 7 COUNTRYSIDE.LANE 73 NORTH COMMON ST SALEM,MA 01970 LYNN,MA.01902 030006864 030002_0 03:0139 0 ' AUDREY E GLASS NOMINEE TRUST- SUDFN_ FIFLD PAUL A CAMP LION OF LYNN MASS INC 8 COUNTRYSIDE LN U1304 31 COLGATF.RD PO BOX 723597 SALEM',MA 01970 MARBLEHEAD,MA 01945 ATLANTA,GA 91139 ' 030006871 02_0009_0 _ U3_0136_U MAZER JOELO A Z REALTY TRUST CAMP LION OF LYNN MA INC 9 COUNTRYSIDE LA U1405 1 I STONEWOOD LANE 6100 ATLANTIC BOULEVARD ' SALEM,MA 01970 LYNN,MA 01904. NORCROSS,GA 30071 ' 01 0003_0 02 0011 0 03.0006 801 DGLAN tVILLIAM J A Z REALTY TRUST YANOFSKY BETH A. 191 FAYS AVENUE t l STONEWOOD LANE- 1 INDIAN HILL LANE U101 LYNN,MA 01901 LYNN,MA 01904 SALEM,MA 01970 01_0004 0 02_0010 0 X03_0006_816 IIARDIIvG AND CARBONE;INC MOST RE,LLC MITCHELL LINDA ' 3903BELLAIRE BLVD 8MAVERICK COURT 10 INDIAN HILL LANE U402 HOUSTON,"EX77025 MARBLEHEAD,MA 01945 SALEM,MA 01970 ' 01_0002_0 02 0012_0 03.0006 806 SCHLEGEL FREDERICK J MALONE FENCE CO INC MONACO MICHAEL 201 F-AYS AVENUE 471 HIGHLAND AVE I I INDIAN HILL LANE U202 LYNN,MA 01904-212 SALEM,MA 01970 SALEM,MA 01970 (A00060 - 02 0006 0 03_0006 815 - PEABODY CITY OF RENT-ALL INC _ LDONFY R688RTA M ` 50 FARM AVENUE 475 I IIGHLAND AVENUE; 12 INDIAN HILL LANE U401 PEABODY,MA 01960 SAL EM,MA 01970 SALEM,MA 01970 ' 01_0001_0 02 0044_0 03_0006 807 PEABODY CITY OF PIOOD1AN ROBERT DUBE ROBERT PEABODY,MA 01960 1 MANNING ROAD 13 INDIAN HILL:LN 0203 ' LYNN,MA 01902 SALEM,MA 01970 ' 03 0 0 0 S_0 - 02 0005_0 03 0006_814 OLDF VILLAGE MALL REALTY TRUST PROODIAN ROBERTI? OCONNOR TIMOTHY P 190 PLEASANT ST l MANNING RD 14 INDIAN HILL LANE U304 MARBLEHFAD,MA 01945 LYNN,MA 01902. SALEM.,MA 01970 03_0006_808 03 0006 818 03_0006906 KURBAJEN 'MANUEL LAWRENCE JOHN R KHUDISMAN LEONID ' 151NDIAN:HILL LANE U204 61NDIAN HILL LANE U404 15 LIONS LANE U2004 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 ' 03 0006 813 03_0006_804 03 0006 892. RUSSO ANTHONY WORTH LAWRENCE L GAUVB4 WILLIAM A 16 INDIAN HILL LANE 0303 7INDIAN HILL LANE 104 16 LIONS LANE UI$02 SALEM,MA 11970 SALEM,MA 01970 SALEM,MA 01970 03 0006 809 03 0006_817 03_0006 907 ' MALVERMI ROSEMARY E KEEFE ROBERTW LUDENSKY NITAB 17 INDIAN HILL LANE U205 8 INDIAN HILL LN U403 17 LIONS LANE U2005 SALEM,MA 01970 SALEM,MA.01970 SALEM,MA 01970 03:0006 512 03_0006_805 03 0006 $93 WARNOCK SHARYN SNIDER NORMAN ROSSI CLAUDIO L . 18 INDIAN HILL LANE 9 INDIAN HILL LANE 0201 18 LIONS.LANE U1803 SALEM,MA 01970 SALEM,MA 01970 .SALEM,MA 01970 ' 03_0006_910 03_0006 909 03 0006 908 WISH STACEY NUKE RAMA K FITZSIMONS EDWARD S 19 INDIAN HILL LANE U206 1 LIONS LANG U2101 19 LIONS IN U2006 SALEM,MA.01970. SALEM,MA 01970 SALEM,NIA 01970 03 0006_820 03 0006 889 03 0006 885 TSOLOPOULOS KATHLEEN L. CHALIFOUR NOMINEE TRUST THE EARRIS-DORVR.IER MARIE ' 2 INDIAN HILL LANE U406' 10 LIONS LANE U1705 2 LIONS LANE U1701 SALEM,MA 01970 SALEM,MA 01970 SALEM,.MA 01970 ' 03 0006 811 03 0006 904' 03 0006 894 RUANE MICHAEL P GRANT MARJORIE A CARR,THEODORE H 20 INDIAN HILL LN U301 I I LIONS LANE U20W 20 LIONS LN U 1804 SALEM,MA 01970 - SALEM,MA 01970 SALEM,Mk 01970 03 0006 802 03 0006.890` 03_0006_895 ' MEOLA GERALD V - RYAN FAMILY REALTY TRUST BENSON DANIEL W 3 INDIAN HILL LANE U102 12 LIONS LANE(U 1706) 22 LIONS LANE U1805 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 03_0006_819 03 0006905 03_0006_896 LARSON LARS W EDDOW S WILLIAM R BOMARSI JOANNE 13 41ND"HILL LANE U405 13 LIONS LN U2003 24 LIONS LANE U1806 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 I 03 0006_803 03 0006_891 03_0006 902 ' GOLDSTE1N EDWARDM ADAMO JOANNE VINOKURGb'NNADIY 5 INDIAN HILL LN U 103 14 LIONS LANE.0 1801 26 LIONS LANE U1906 SALEM,:MA.01970 SALEM,MA 61970 SALEM,MA 01970 e% 03_0006_901 03 0006 931 03_0006 821 DICINO CHARLES A, PERHAM DONALD.L PERHAM DONALD L JR ' 28 LIONS LANE U1905 - 44 LIONS LAND U2403 44 LIONS LANE SALEM,MIA 01970 SALEM,MA 01970 SALEM,MA 01970 03_0006 910 03'0006_930 03_0006_826 LIBERTI.ANTHONY I SHEEHAN MAUREEN TAUDEAU ROBERT M 3 LIONS.LOANE 02102 46 LIONS LANE U2402 3 LONGFELLOW LANE U602 ' SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 03 0006900 03_0006 929 03 0006_822 ' BECKER.LESLIE A WOITOWICZ SUSAN A SHERRY RICHARD I 30 LIONS LANE U 1904 48 LIONS LAND U2401 4 LONGFELLOW LANE U502 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 ' 03_0006_899 03_0006911. 03_0006_827 W ARD REALTY TRUST MANCINI MICHAEL S BINGERDESMOND 32 LIONS LANE U 1903 5 LIONS LANE U2103 5 LONGFELLOW LANE 0603 ' SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 ' 03'0006 898 030006 887 03_0006 823 SHAPIRO MARGERY R TEMPEST ROBERT I WESCOTT DONALD 34 LIONS.LN U1902 6 LIONS LANE U 1703 "6 LONGFELLOW LANE U503 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 03_0004"697 030006912 030006828 .SCRYMGEOUR CHARLES E GOLDMAN LAURIE 8 SIV SAMNANG 36 LIONS LANE Ul901 7 LIONS LANE U2104 - 117 LIBERTY STREEI',#2 ' SALEM,.MA.01970 SALEM,MA 01970 DANVERS,MA 01923 ' 03_0006.934 03_0006_888 03 0006,824 WOODWARD.RICHARD G HANSOM RALPH T LOW IN JULIE-C 38 LIONS LANE U2406 8 LIONS LN U1704 8 LONGFELLOW LANE 0504 SALEM;MA 01970 SALEM,MA 01970 SALEM,MA 01970 03 0006 886 03 0006 903 03.0006 829 .LLOYD BRUCE WILSON KATHLEEN I MANCINELLI PATRICIA F. ' 4 LIONS LANEU 1702 9.LIONS LN U2001 9 LONGFELLOW LANE U605 SALEM',MA 61970 SALEM,MA 01970 SALEM,MA 01970 r 03.0006 933' 03 0006825 03 0006 677 � SCALESE MICHAEL R GRAY SHERIA BARNES BEVERLEY C 40 LIONS LANE U2405: I LONGFELLOW LANE U601 I1 OLDE VILLAGE DR U 1505 ' SALEM,MA.01970. SALEM,MA-01970 SALEM,MA 01970 03 0016 911 03_0006_830 03 0006 878 LEV IN ROBERT E WEISMAN ELLEN JO STANGA THOMAS D 42 LIONS LA II LONGFELLOW LANE U-606 13 OLDE VILLAGE DR U1506 SALEM.,MA'01970 SALEM,MA 0070 SALEM,MA 01970 W_0006879 03 0006_831 03'-0006 840 LENA CAROLINE M. LUE FAMILY TRUST MCQUILLAN JOAN C 15 GLUE VILLAGE DR UI601 1 TANGLEWOOD LANE 0701 5 BELLINGHAM COURT SALEM;MA.01970 SALEM,MA 01970 MIDDLETON,MA 01949.238 030006 880 03 0006_856 03_0006 860 DESYATNOL IK VLADIMIR PISSON PATRICIA M ST PIERRE BRIAN F 17 CLUE VILLAGE DR Ul602 10 TANGLEWOOD LN U202 2 TANGLEWOOD LANE U1206 ' .SALEM,MA 01970 - SALEM,MA 01970 SALEM,MA.01970 03 0006881 03 0006 836 03 0006_851 ' FLAHERTY MARJORIE A. WRIGHT BERNADETTE9 WHISS JAMES R 19 OLDS VILLAGE DR U 1603 . 11 TANGLEWOOD LANE U706 20 TANGLEWOOD LANE U 1101 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 03.0006_882 03 0006 855 03 0006 841 M5GAURO VINCENT ELLERY MARYANN BERRY ROBERTA A 21 OLDS VILLAGE DR U1604 12 TANGLEWOOD LANE U 1201 21 TANGLEWOOD LANE U-901 ' SALEM,MA.01970 SALEM,MA 01970 SALEM,MA 01970 ' 03 0006 883 03_0006_837 03_0006 850. CAMPBELL THOMAS A MELAI&N PATRICIA ANN LYNN CHRISTOPHER 23 OLDS VILLAGE DR U-1605 13 TANGLEWOOD LN U801 22 TANGLEWOOD LANE U1004 SALEM,MA 01970 SALEM,.MA 01970 SALEM.,MA 01970 03_0006884 03 0006 854 03 0006842 FANARA.ANTHONY P BUTTER DEBBIE I ODAY C_LIFFORD A ' 25 OLDE VILLAGEDR. 14 TANGLEWOOD LANE Ul 1104 23 TANGLEWWOD LANE U902 t SALEM,MA 01970. SALEM,MA.01970 SALEM,MA 01970 { ' .. 03 0006 873 03 0006 838 03_0006_849 TEDESCO DALE Z, LTMAN MARJORIE B BURNHAM DEBBIE A 3 OLDE VILLAGE DRIVE VI 501 15 TANGLEWOOD LN U802 - 24 TANGLEWOOD LANE U 1003 SALEM;MA 01970 SALEM;MA 61970 SALEM,MA 01970 _ 03_0006_874 03_0006_853 '03 0006_843 CHRISTIAN FREDERICK P CUDLITZ STEPHEN.. ALEXANDER JOHN K 505 PARADISE ROAD 4303 16 TANGLEWOOD LANE 01103 2$TANGLEWOOD LANE U903 SWAMPSCOTT,MA 01907 SALEM,MA 01970-177 SALEM,MA'01970 ' 03 0006 875 0_0006_839 - 030006 848 WIISONJAMESX WEISBERGSCOTTH AS BILEJUNE 7 OLDS VILLAGE-DRU-1503 _ 17 TANGLEWOOD LANE.U803 199 EAST FLAGEER STREET STE 277 ' SALEM,MA 01970 SALEM,MA.01970 - MIAMI,FL 33131 03 0006 676 03 0006 852 03000"44 ' HA.MMOND MARK S MARUKBLLI PATRICIA S KNEELAND DEBORAH A 9 OLDE VILLAGE DR U1509.- 18 TANGLEWOOD LANE UI 102 27 TANGLEWOOD DR0904 SALEK MA 01970 SAL EM,MA 01970 SALEM,MA 01970 3 1 1 03 0006_847 ' MONAHAN ROBERT 28 TANGLEWOOD LNU100I SALEM,Mil 01970 ' 03 00% 845 SARNO MAURICE W . 29 TANGLEWOOD LANE U905 - ' SALEM,MA DI 970 Oa 0006 832 PRICE TIMOTHY F 3 TANGLEWOOD LANE U702 SALEM,MA 01970 ' 03_0006 846 LAPORTE JOHN D ' 31 TANGLEWOODLANE UH0I SALEM,MA 01970 ' 03 0006_859 RENISKA KIM 4TANGLEWOOD LANE U1205 SALEM,MA 01970 03 0006_833 SIEVERMAN ELLEN R ' 5 TANGLEWOOD LANE U703 SALEM,MA 01970 ' 03 0006_858 SHIELDS CHRISTINE R. 6 TANGLEWOOD LANE U 1204 SALEM,MA 01970 030006834 ' FEELEY MICHAEL 77ANGLEWOOD LN U704 SALEM,MA 01970 ' 03_0006_857 PAGNOTTIPAUL E 8 TANGLEWOOD LANE U1203 SALEM,MA 01970 03.0006 835 STIRLING SCOTT J 9 TANGLEWOOD LANE U705 SALEM,MA 01970 4 03 0001 0 - CAMP LION OF LYNN MASS INC 73 NORTH COMMON ST 'LYNN,MA.01902 ' 03_0139_0 CAMP LGN OF LYNN MASS INC PO BOX 723597 ' ATLANTA;GA 31139 ' 03. LI0130_0 , CMP AON OF LYNN MA INC 6100 ATLANTIC BOULEVARD NORCROSS,GA.30071 1, 1 1 KENNEDY DEVELOPMENT GROUP,INC. EASTERN BANK 6853 500 BROADWAY 53-179/113 + EVERETT,MA 02149 I 11/25/2008 PAY T ORDER OFE City of Salem $ **1;012.50 One Thousand Twelve and 50/1.00+ +.,*++.+ **+ ********+«+.+ * *.*«'+ +. :'+:++ ++•*++.. «+ +++ +++++ «+ ++++++. BOLLARS 8. {; City of Salem J. MEistO 0200685311' 19011301798';, 60 01726Bao ' KENNEDY DEVELOPMENT GROUP,INC. EASTERN BANK6852 500 BROADWAY 53-1791,13 EVERETT, MA 02149 ' 11125/2008 RTHE ODER OF Commonweath of Massachusetts I $ *`987:50 ORDER Nine Hundred Eighty-Seven and 50/100********«++` ***"*«*«•**'***«+++* «+.* .++*+ , ..«:.•«.:....,*•.:•.**+ ***•+*t"�OLLARs iJ TM I'D/1006852/1 1.0LiL30b7980. 60 .017268811 About ENSR: ENSRLocations ' ENSR is a leading global full-service Alabama Australia environmental health and safety firm with - Alaska Bolivia ' 2,200 staff in 90 worldwide locations. California Brazil ENSR provides comprehensive consulting, Colorado China engineering,remediation,compliance, Connecticut England Florida France permitting and environmental management - Georgia Italy , solutions to multinational industrial Illinois Japan companies and government agencies. Indiana Malaysia ENSR is the recipient of numerous EHS, Kansas Philippines industry,client,business achievement and Louisiana Singapore organizational innovation awards including Maine Thailand ' eight health and safety awards in the past Maryland Turkey two years. Massachusetts Venezuela Michigan Minnesota Headquarters In 2007,two major PHIS firms,RETEC Montana Westford , (US)and HLA Envirosciences(Australia) Nevada Massachusetts merged with ENSR. RETEC has received New HavmJpeshhirre USA three Phoenix Awards'""for leading-edge New York Brownfields site remediation redevelopment North Carolina ' projects. HLA has been recognized with Ohio multiple Consultancy Excellence Awards Oregon from the Urban Development Institute of Pennsylvania Australia. Rhode Island South Carolina t Texas As an AECOM company,ENSR is part of a Virginia global design and management company Washington with over 30,000 employees worldwide Wisconsin serving the transportation,facilities, ' environmental and energy markets,with offices in over 60 countries. 1 t 1 1 1 1 ENSR I AECOM www.enscaecom.com ' CITY OF SALEM 9f"G'Ihj71V2 51��" CONSERVATION COMMISSION SITE VISIT FORM PROJECT LOCATION: 4M y � 64&"Y\ + AVL DATE OF SITE VISIT. PROJECT PROPONENT: Llor-. DEP FILE NUMBER: &t{— yg& PROPOSED WORK: -A6reu . Mirb Jt IRtSuv,,cc `Ayr fl , _., SIN ATTENDANCE `" h d • # =Fi.a;+:-` ,:._. ;-cs.,,�'�'a.� .\ ��.�.�.��.��.-:`tom Commis ' mbers/,Age, Abutters: cc V Applicant/Property Owner/Representative: _. SITE VISIT,PURPOSE r r , � x r c .mt, : :' i,a.=.�3�" ' ` ❑Request for Determination Abbreviated Notice of Resource Area Delineation ❑Notice of Intent ❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal AREAS OF,#URISDICTION. F INLAND RESOURCE AREAS # COASTAL RESOURCE AREAS 3's ank ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage Bordering Vegetated Wetland j / i; ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding i ❑ Coastal Dune El Barrier Beach ❑Land Under Water Bodies or Waterway Name: j ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area E ❑ Salt Marsh ❑ Land Under Salt Pond �r ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- €6€63 Shellfish dromous Fish Run 7i i ! ❑ Bordering Vegetated Wetland in Coastal Area BUFPERZONEs(withn 100 feet} IN - � " m ,. .x'ar vai_.:IIdfr. a ?T.t. ,,r ra„ Y� .°",.i. ':...,i-;j ❑Water Body LSI Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune SiSMf a� -:: s INTERESTS PROTECTED.t.t.:, `�.,�=�,�� Protection of Water Supply Protection of Groundwater Supply ❑Flood Control ❑Storm Damage Prevention ❑Prevention of Pollution ❑Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. r`i1dP_fb.r3 S.Y1Y_(0.S ' ...... EVISIT-DOCUMENTATION 'y t Photos ❑ Site Map ❑Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. �iaa5 a naec�r �o l� a.ce.w�{e • AECOM Prepared for: Camp Lion of Lynn Mass.,Inc. Salem, Massachusetts Supplemental Information for the Abbreviated Notice of Resource Area Delineation 4 . . Highland Avenue Salem, Massachusetts AECOM Corporation January 19, .. 4 f \� '.I . � / 'I 1�l r ��y" d �f �#�,9��r6�` �•�.- i II,.��Y y'Y* ,{ �f f: t 4f ♦ ` >,y�bl'+i i p l�.t!^,I,YPnil al�,L. vKo Y?�� * `I Y (Y _ fI Iv 2009 * AECOM AECOM 2 Technology Park Drive,Westford,Massachusetts,018863140 T 978.589.3000 F 978.58.9.3100 www.aawm.com January 19, 2009 Salem Conservation Commission Attention: Carey Duques, Conservation Agent 93 Washington Street Salem, MA 01970 RE: Supplemental information for wetland resource areas Abbreviated Notice of Resource Area Delineation (ANRAD) 488 Highland Ave., Salem DEP File#064-0486 Dear Commission Members and Ms. Duques: On behalf of Camp Lion of Lynn Mass., Inc., AECOM is pleased to submit for your consideration supplemental information on the ANRAD for a site at 488 Highland Avenue, Salem, Mass. During the site visit on January 3, 2009, a small pocket of standing water with sparse wetland vegetation was observed near the existing Camp Lion drive by Commission members and the Commission's agent, Ms. Duques. This area was further investigated for soils and determined to be a Bordering Vegetated Wetland (BVW) under the Wetlands Protection Act. In the attached supplemental packet please find BVW field data forms, representative photographs of this area, and a revised ANRAD plan. In addition, the intermittent stream on the opposite or down slope side of the drive was not delineated by the former wetland scientist(s) for the review. As a result, additional field work included the delineation of this section of intermittent stream and the region is included in the revised ANRAD plan. Review of the former flagging on the site also included the extension of the Bank flags to the bottom of the hill on the upstream side of the drive and the replacement of Bank flags that continue to be removed or altered at this site. The last approximately ten feet of Bank flags stopped short to the dirt drive and the plan now indicates this additional correction. Thank you for consideration of these additional findings. Please call me at 978-589-3390 with any questions. Sincerely, AECOM Terry E. Gensel Wetland Scientist Cc: DEP Northeast Region Salem ANRAD supplemental cover tetter doc J; DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Cam In inn Prepared by : TPr4l(=Angpl Project Location: 48&4@414Hd-Ave DEP File#: Check all that apply: Data sheet for small Bordering Welland located along existing Camp drive and downslope from pool region. Wetland Plot ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II rl Method other than dominance test used (attach additional information) Section I. Vegetation Observation Plot Number: 4-Wet Transect Number N/A Date 1/F/ng A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Weiland Indicator (by common/scientific name (or basal area) Dominance es or no Cate • Tree: Red maple-Acer rubrum 85.5% 57.6% Yes Fac' Red Oak-Auercus rubra 63.0% 42.4% Yes FacU- shrub: Winterberry-Ilex verticillata 10.5% 77.8°% Yes FacW+• Arrow-wood -Viburnum dentatum 3.0% 22.2% Yes Fac" Sapling: Red maple -Acer rubrum 10.5% 100% Yes Fac' NOTE: Soils performed to verify due to time of year or low herbaceous • Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c.131,40); plants in the genus Sphagnum:plants listed as FAC, FAC+,FAC W-,FACW,FACW+,OR OBL:or plants With physiological or morphological adaptation, If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetiand Indicator Plants: 4 Number of Dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetlandplants? yes ® no ❑ If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or NOfCe of Intent. MA DEP; 3/95 Conclusion: Is soil hydric? ®Yes ❑No Other Indicators of Hydrology: (Check all that apply and describe) Section If. Indicators of Hydrology ® Site inundated: ® Depth to free water in observation hole: fiooded Hydric Soil Interpretation ❑ Depth to soil saturation in observation hole: 1. Soil Survey: ® Water marks: Bo ldo" ❑ Drift lines: Is there a published soil survey for this site? ®Yes ❑ No ❑ Sediment deposits: title/date: NRCS Essex County Southern Part ® Drainage patterns in BVW: Area data version 7 may 5, 2008 map number: MA606 ❑ Oxidized rhizospheres: soil type mapped 102C Chatfield-Hollis-Rock outcrock ® Water-Stained leaves: complex, 3-15%slopes hydric soil inclusions ❑ Recorded data (stream,lake,or tidal gauge;aerial photo;other): — Are field observations consistent with soil survey? ®Yes 1771 No ❑ Other: Remarks: 2. Soil Description Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color Yes No A 1" 2.5YR- 3/1 None Number of wetland indicator plants B 2-18" 2.5YR-2.5/1 None ➢ number of non-wetland indicator plants ® ❑ Wetland hydrology present: ® ❑ hydric soil present Remarks: Soil-Histic Epipedon other indicators of hydrology present ® ❑ 3. Other: Sample location is in a BVW ® ❑ Submit this form with the Request for Determination of Applicability or Notice of Intent. DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Camp I inn Prepared by : larD4 Gemel Project Location: 48&4@41iAve DEP File#: Check all that apply: Data sheet for small Bordering Wetland located along existing Camp drive and downslope from pool region. Upland Plot ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II F— Method other than dominance test used (attach additional information) Section 1. Vegetation Observation Plot Number: 4--Up— Transect Number N/A Dara• i l,/ A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name or basal area Dominance es or no Category* Tree: Red Oak- Quercus rubra 96.0% 100% Yes Facu- Vine: Greenbrier-Smilax rotundifolia 10.5% 100% Yes Fac* Sapling: Red maple-Acer rubrum 20.5% 49.4% Yes Fac' Black Cherry -Betula populifolia 10.5% 25.3% Yes Facu Red Oak-Auercus rubra 10.5% 25.3% Yes FacU- NOTE: Soils performed to verify due to time of year or low herbaceous + Use an asterisk to mark wetland indicator plants: plant species listed in the Wetlands Protection Act(MGL c.131,40); plants in the genus Sphagnum;plants listed as FAC, FAC+,FACW, FACW,FACW+,OR OBL;or plants with physiological or morphological adaptation. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetative conclusion: Number of dominate Wetland Indicator Plants: 2 Number of Dominant non-wetland indicator plants: 3 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetlandplants? yes ❑ no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of Intent. MA DEP; 3/95 Conclusion: Is soil hydric? ❑Yes ®No Other.Indicators of Hydrology: (Check all that apply and describe) Section 11. Indicators of Hydrology ❑ Site inundated: ❑ Depth to free water in observation hole: Hydric Soil Interpretation ® Depth to soil saturation in observation hole: 14" t. . Soil Survey: ❑ Water marks: ❑ Drift lines: Is there a published soil survey for this site? ®Yes ❑ No ❑ Sediment deposits: title/date: NRCS Essex County Southern Part ❑ Drainage patterns in BVW: Area data version 7 may 5, 2008 map number: MA606 ❑ Oxidized rhizospheres: soil type mapped 102C Chatfield-Hollis-Rock outcrock ❑ Water-Stained leaves: complex, 3-15%slopes hydric soil inclusions ❑ Recorded data (stream,lake, or tidal gauge:aerial photo:other): Are field observations consistent with soil survey? ®Yes ❑No ❑ Other: Remarks: z. Soil Description Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color Yes No A 1-6" 10YR-2/1 None Number of wetland indicator plants AB 6-8" 10YR-3/3 None ➢ number of non-wetland indicator plants ❑ Bw 8-18" 10YR-4/4 None Wetland hydrology present: ❑ hydric soil present Remarks: other indicators of hydrology present ❑ 3. Other: Sam le location is in a BVW ❑ Submit this form with the Request for Determination of Applicability a Notice of Iment. s,.. �, I�.tSS ,� .t� � \p. �'+;,y„ ' f tea •. ��'>�jl ■ w X 1� fit 41 11 ' I 1 I ♦ x y / � p i �� ♦., Yt 'p""f q".. ^M� P Y I ,�, 1 � SPIV I� �z . . F ,+kv f" 5 lii Yii �IlJf �6 w f! 511 f'� @@1 � �iLf�i • (1 0i nt'p It r. "4 /i , ENSRIAECOM AECOM „A 2 Technology Park Drive,Westford,Massachusetts,01886-3140 f ,....rte T978.589.3000 F978.589.3100 www.aecom.com Co December 10, 2008 Salem Conservation Commission Attention: Carey Duques, Conservation Agent 93 Washington Street Salem, MA 01970 RE: Supplemental information for intermittent stream Abbreviated Notice of Resource Area Delineation (ANRAD) 488 Highland Ave., Salem Dear Commission Members and Ms. Duques: On behalf of Camp Lion of Lynn Mass., Inc., AECOM is pleased to submit for your consideration supplemental information on the ANRAD for a site at 488 Highland Avenue, Salem, Mass. After the ANRAD submission, it was discussed with the Commission's agent, Ms. Duques, that the watershed size for the intermittent stream was minor and not one square mile for the critical characteristic threshold as indicated in the wetlands protection act regu a Ions. The watershed for the intermittent stream, as indicated on Figure A attached, was found to be 0.026 square miles. Additional sections of the wetland protection act under 10.58 Riverfront Area, require at least a one-half square mile threshold for predicted flow rates and surficial geology to be studied in determining intermittent stream status. The area's watershed does not m .et tha ona- half square mile threshold as well for the additional sections. Thank you for consideration of these additional findings. Please call me at 978-589-3390 with any questions. Sincerely, AECOM a: Terry E. Gensel Wetland Scientist Cc: DEP Northeast Region Salem ANRAD cover letter.doc � \ �... C..,,,-�,�•d _ � ��fes.. -. 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Lil ti BA UMIT OF AN REVI t iA 2 .�` APPRMMATE WETIMD BOU WARY -- 6 r ILIQ ca LD c W 2A ter. k' z > a ¢ w f— H A22 q v 24 o a rrx ♦ '_ �l d B MR OF ANRAD REVIEW Q 421 82 / G 19 84 AIS I O Q\ B` I � BORDERING a� m B7 VEGETATED 8 co A17 WETLAND A o > � o 88 15 CD� ~ Ld o �. - t6n, y j '"-1t_• O 3 A14 �. . 9..... rl ✓'r Z d 00 o CD 3 \ L3 f r I17 '\ WJcamm rl BORDERING B,o .a \ — o \` t VEGEAETED �: A1z ! / \ \ 0O w z } 9! ( y t WETLAND ra B,1 i J� a ~ W = X F 12 9 v , I1 '� F� i \� \\ ''\' y � � W > v) Q ,� U ON 2 5 As gt1E�ON1`IEtR \�, 1 ; /,/ /� i ice/ �, ;'i z Q -SSM-9N�C � � '� 1 =, � �� . v� o all � (U LL- z � r 7 174 z a ,OF INTmmmEw STREAM AND / � �� Z Z \,\ w / \\l REVIEW. STREAM BEGINS TO I cvr B1B \ \ f' // 1a t ` LLJ UNDERGROUND AT BANK FLAG J co J g �• SK77CL SKI BK73BK 4 3 .::: 3 _ W12 �/� CD � / LEGEND: z i i �_ s to a , �� i��n z`� �(( �� -•tV � BORDERING VEGETATED WETLANDS �� = �/ / ,6p @ ti u / j' � � � � - .vim :,�:--.'\� � ��i?, � ,�i DRAWING NUMBER o �' INTERMITTENT STREAM 4. �r- • • ~I�>>. x I ' !I 1 l l��i tt !p\L\� ��11� ��^�\ f "1 / /% �' y ___' ___________ ____ _ _______________ __ _____ __ _____ a J� � FF 60 120 SCALE: 1" =60' Z ■ W EET NUMBER: I t I I a ` i A LIMIT OF`' R ,Z •p. I � � p q ' y, APPROXIMATE t. . WETLAND OE BOUNDARY - y ti / f � � r LIMB OF ANRAD REVIEW _P OD / BORDERING / / \ VEGETATED WETLAND A / Bs ( NEW BVW FLAG 4A / 1 / 2 A1J RELOCATED (5 FEET �. DOWN AND 2.5 FEET INWARD) \ BORDERING _ j I ❑ VEGETATED EXISTING BVW FLAG A13 y I ' 1 WETLAND B f RELOCATED 5 FEET s, $ (INWARD) T> ati NEW .BVW FLAG LOCATED, ,,' f EXISTING BVW FLAG A72 13 FEET FROM BANK RELOCATED 10 FEET I � (REPLACES INWARD / (INWARD) 4 \ BVW 8f3 FLAG) ; N. FLFQG LOCATED. I \ $ FROM BANK WE7-7-1 / 1 s 14 '19UPL-7 a s 1' A7 / 874 ., o t e \ ISOLATED 00 . VEGETATED c O 4 WETLAND C ti 5 A5 INTERMITTENT 1 1 STREAM—BANK O 1 UPL-2e _.... 75 6 I B77 / 7 �T-L /\ I I A4 - - / 3 LIMIT OF INTERMITTENT STREAM ANDI 1 s 17 �N•,?�. o BANK REVIEW. STREAM BEGINS TO aur B78 / s� FLOW UNDERGROUND AT BANK FLAG I 79 a3 \ i. B h BK77 q ; 1B A2 � I Al e0' � I BK8K16 - ,BK2 BK' B 1 --BK3 / BK ff / ¢•/ �j� z W c � x • eKB �`+' r /z��" LEGEND: o BORDERING VEGETATED WETLANDS o INTERMITTENT STREAM �U / ,a o SCALE IN FEET h r 0 CAMP LION OF LYNN , MASS., INC. Lo SALEM, MASSACHUSETTS HIGHLAND AVENUE ANRAD A=-COM 3 60138652.100 DATE: 05/25/11 DRWN: J.E.B. FIGURE 1 I I 1 A`BA-,MIT OF -ANRAD FFVI-W 1 f 27A u APPROXIMATE\ - - - WETLAND r BOUNDAR` _ h i26A . I: 24A � B1 l AIB �!� lli lM 1 L 3y41y `RS \Y ` \ XM1+\` \,\„�\t5 '�/ h99i )..• { bORbERING 1VRG�ATE WETLAN 9' , 1 A16 + p +A15 i B9 NEW BVW FLAG 4A 20 \" ,.. A7J RELOCATED (5 FEET DOWN AND 2.° FEET BORDERING B70 in \ ^ IHWARQ) VEGETATED A EXISTINT BVW FLAG A13 WETLAND 8 l s? RELOCATED 5 FEET (INWARD) _.. f Gly ,' � '•d• .� EXISTING BVW FLAG Al2 RELOCATED 10 FEET (INWARD) A10 vl 7 B WETLAND FLAG A10 a RELOCATED APPROXIMATELY/1° \ I - 6 ET NORTHEAST PER / Y' A7 MASSDEP LETTER DATED B74 ' JULY 19 2011 iW7LAND AREA A / 8£7LAND AREA B ISOLATED 8152 Z ' V �I6f7LAND AR YE D WETLAND 11 l ,S` 3 B76 Nf2 WT5 ,t.'A5 INTERMITTENT STREAM-BANK \ /5 "v WF6 AA 7 ...� I A B2 877 �V AA ABJA84 7 A4 �� L LIMIT OF INTERMITTENT STREAM AND AA _ 1 17 � BANK REVIEW: STREAM BEGINS TO AA A85 B18 FLOW UNDERGROUND AT @ANK FLAG AA (j9. BK17A B Al D BK15 BK16 ..". 1K1 - SKI 3 2 SK12 KI4 3..,,.' 3 BK2 _- SK71 5 4 BKJ l BK10 6. c a 10 BIC 16 KB K A _ T LEGEND: \ - / BORDERING VEGETATED WETLANDS INTERMITTENT STREAM 1 /O M1 N I 30 0 �U SCALE IN FEET o- CAMP LION OF LYNN, MASS., INC. A4Zcom SALEM, MASSACHUSETTS HIGHLAND AVENUE ANRAD 601386526100 DATE: 05/25/11 DRWN: J.E.B. I FIGURE