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455 HIGHLAND AVENUE - CONSERVATION COMMISSION ik 117r 1� -bh I`n �l 4 RDA f ,�corvuir�a _31 �2 WiCITY OF SALEM l -_- CONSERVATION ATION COMMISSION July 17, 2012 Andrea Norton MassDOT— Highway Division 519 Appleton Street Arlington, Massachusetts 02476 Re: Determination of Applicability 455 Highland Avenuemaintenanceof drainage structure Dear Ms. Norton: Enclosed, please find the determination of applicability for the above-referenced project. Following the 10-business-day appeal period and provided that this determination is. not appealed, you may proceed with your project. All the work approved in this determination must be completed within three years from the date of issuance. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, oL vine Conservation Agent/Staff Planner Cc: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission _ —_-- only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor- do not use the MassDOT- Highway Division Commonwealth of Massachusets_ _ return key. Name Name _' __r) 519 Appleton Street 10 Park Plaza_ Mailing Address Mailing Address Arlington MA 02476 Boston MA 02116 City/Town State Zip Cade City/Town State Zip Code /¢Nll 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: USGS Map with notations None_ _ Title Date Comm. of MA Drainage Maintenance Work Project 5/24/_2_0.1_2_ Title - Date Comm. of MA Plan of Road in the City of Salem 8/26/1964 Title Date 2. Date Request Filed: 6/1/2012 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Removal of debris from drainage easement per scope of work included in June 1, 2012 Request for Determination of Ap licability. Project Location: 455 Highland Avenue Salem Street Address City/Town 3 128 - - - Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•nelermnation of Applicability-rev.10/0104 Pape 1 of 5 J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands LJ WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and documents) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality - Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation 'vi 0.b-Doorminelion of Applicability-rev,10/66104 Page 2 of 5 LI, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1, The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. vvpaform2.doc Delermomi on of Applicability•rev.1016101 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands %i WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and W� th1el regulations, no Notice of Intent is required: 1 l4Ln^`hQ✓1CZ a�� `` re quired: Exempt Activity(site applicab?sAtatat .0atory i�ons C�S�'L^� 6��lcL,IC1 - ��b'S- 1�4 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on DateDaCe.-[,�/��«-- ------ This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP onal Office (see http://www.mass.gov/dei/about/reaion.findyour htrn) and the property owner (if erent om the applicant). Date wpaform2Aoc-Delerminallon of Applicability•rev. 1016104 Page 4 of 5 Massachusetts Department of Environmental Protection ELI�I� Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see http:/Ywww.mass.gov/dep/about/region.findYOLjr.htm) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. spaform2.doc-Determination of Applicability•rev. I0/6104 Page 5 of 5 - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form L\ MassachusettsWetlands 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. City(Town State Zip Code r� Phone Number Fax Number(if applicable) '�- Project Location Mailing Address -- City/Town 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 ---- -- City/Town 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 ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpform2.doc-Request for Departmental Action Fee Transmittal Form•rev.1016/04 Page I of 2 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 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 (see http://www.mass.gov/deg/about/region/findvour htm). 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. .vpaform2.doc•Request for Departmental Action Fee Transmits]Form•rev.1016/04 Face 2 of 2 Project Status Sheet �mj�,est Address: '-(SS Ot' 4-) eE s�R DEP #: �— Application Type: k 0A Date Submitted: Contact Name: p J, Phone: 7f co�� d'ylb Proposed activity: Application Complete -�)Correct Fee Received ❑ Abutters List Requested ❑ Received Legal Ad Sent ❑ Legal Ad Confirmed ❑Online ❑ Added to Agenda ❑ Agenda to Applicant ❑ Agent Comments to Commission ❑ DEP Comments Hearing Opened: Continued: Site Visit: ❑ Abutters Notice Confirmed ❑ Order of Conditions Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Expiration date added to calendar ❑ Added to database ❑ Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. S' lure item 4 if Restricted Delivery.is desired. 13Agent X ■ Print your name and address on the reverse ❑Addressee so that we can relilim the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if.space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressedto: If YES,enter delivery address below: ❑ No r C QccN r I— 141, h .-a,t S . -� 3. Service Type \J,1 �.l� �. ®Certified Mail ❑Express Mail V V � ��7� El C3 ❑ Return Receipt for Merchandise, ❑ Insured Mail ❑C.O.O. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number (transfer fium service label) 7210 2 7 80 0 0 02 ' 0162 1706 PS Form 3811,February 2004 Domestic Return Receipt !!-0am-1540 �X UNITED STATES POSTAL SERVICE First-Class Mail ,. UPostage&Fees Paid SPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box I I I I I Salem Conservation Commission 120 Washington Street 3rd Fl I Salem,MA 01970 I I l'�'(,tbUtrjq y � �" CITY OF SALEM x 1� CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, MGL c.131§40 and Salem Wetlands Protection and Conservation Ordinance for MassDOT — Highway Division, 519 Appleton Street, Arlington MA. Purpose of hearing is to discuss proposed removal of debris from a culvert outlet within the MassDOT drainage easement at 455 Highland Ave.Hearing will be held on Thursday,June 14,2012 at 6:00 p.m. in City Hall Annex, Rm 313, 120 Washington St. Please print legal ad on: June 17, 2012 Please invoice: Andrea Norton-Wenzel MassDOT wa Hi hDivision Highway 519 Appleton Street Arlington, MA 02476 781-641-8410 Deval L. Patrick. Governor '� mMssDO T Timothy .Murray, Governor Richard Davey,Secretary&CEO ' Frank DePaola,Administrator Massachusetts DepartmerH of Transportation Highway Division CERTIFIED MAIL RETURN RECEIPT REQUESTED :_ �: k �:. May 24, 2012 JUP1 1 . 2012 Salem Conservation Committee ��' OF pCCXW ' L<i KING$ Salem City Hall L�I>Y 0EVEL0p&;EN1T 93 Washington Street Salem, MA 01970 Dear Commission Members: In accordance with the Massachusetts Wetlands Protection Act (M.G.L. Ch. 131, S. 40) and its Regulations (3 10 CMR 10.00), the MassDOT—Highway Division is submitting a Request for Determination of Applicability (RDA) for the proposed Drainage Maintenance Work Project located at#455 Highland Avenue, Route 107 NB, in the City of Salem. This project is being undertaken to address the concerns raised by GameStop Inc., an abutter at the WalMart Shopping Center—located at#440 Highland Avenue. Also in accordance with the regulations, please notify the District Office of the time and place of the public hearing. MassDOT—Highway Division has been advised by its Chief Counsel that in carrying out projects on behalf of the Commonwealth, it is exempt from local by-laws. The purpose of this exemption is to allow MassDOT -Highway Division to carry out its duties relative to state highways that are located in a particular town, but serve a greater public need.The Attorney Generals Office has informed MassDOT—Highway Division of their concurrence with this advisory opinion. Please note that the project location is on property of the Commonwealth of Massachusetts. For safety and access reasons, any site visit must be scheduled through the District Environmental Engineers office. MassDOT—Highway Division requests that the Conservation Commission issue a Negative 3 Determination upon agreement that the proposed activities will not adversely affect any adjacent resource areas. Please refer all questions regarding this filing to Andrea Norton-Wenzel, Environmental Analyst at (781) 641-8410. Sincerely, atricia A. nworth, P.E., District Highway Director_ PAL/anvv Enclosure cc: Kevin Walsh, Director of Environmental Services file 519 Appleton Street Arlington,MA 02476 Tel:781-641-8300, Fax:781-646-5115 Leading the Nation in Transportation Excellence www.mass.gov/massdot Deval L. Patrick, Governor /�s/�s Timothy F Murray, Lt,Governor M - 7c7 \®® Richard A.Davey,Secretary 6 CEO ® Massachusetts Department of Transportation Frank DePaola,Administrator Highway Division RE: Payment for Legal Notices When the Massachusetts Department of Transportation (MassDOT) is responsible for the payment of a Public Notice placed for a project, please send the original bill and tear sheet directly from the, newspaper to MassDOT Highway Division at: Massachusetts DOT Highway Division Environmental Section 10 Park Plaza, Room 4260 Boston, MA 02116 Attn: Irene Petsalis Note: You must submit an original bill and tear sheet. If these are not submitted, MassDOT will not be able to process Payment. If you have any question, please contact Irene Petsalis at (617) 973-7484. i I ' 519 Appleton Street Arlington,MA 02476 Tel: 781-641-8300,Fax:781-646-5115 Leading the Nation in Transportation Excellence www.mass.gov/massdot r, , f I)E PATRICK MoHng MassachusettrForw GaN. 0 GOVERNOR RNOR TIMOTHY P.MURRAY LT.GOVERNOR Ll C'/CEJ ��••••II JEFFREY B.MuutN Massachusetts Department of Transportation— SECRETARY$CEO TO: Massachusetts Conservation Commissions FROM: William Hicks,Course DATE: March 16, 2010 RE: Peer Review Fee Exemptions Massachusetts Department of Transportation's Highway Division is exempt from paying peer review fees that local Conservation Commissions may wish to impose as part of their review of a project. Several,local governments have asserted that MassDOT must pay so-called peer review fees to the Conservation Commission before the Commission will any respective Wetlands Protection Act filings.In taking this position, they have relied upon information supplied by the Massachusetts Association of Conservation Commissions referring to Chapter 131 of the Acts of 2006,amending Section 53G of Chapter 44 of the General Laws. However,this legislation does not pertain to MassDOT specifically, and therefore does not compel the department to pay the referenced fees. Additionally,the recent establishment of the Massachusetts Department of Transportation by Chapter 6C of the general Laws and language contained in that enabling statute language finther clarifies this position. Ch.6C, § 2(a)states that,"There is hereby created a body politic and corporate to be]mown as the Massachusetts Department of Transportation.The department is hereby constituted a public instrumentality and the exercise by the department of the powers conferred by this chapter shall be considered to be the performance of an essential governmental function. The department is hereby placed in the executive office of the governor but shall not be subject to the supervision or control of said office,or of any board, bureau, department or other center of the commonwealth,except as specifically provided in this chapter." The above quoted language alone exempts MassDOT from peer review fees. Historically,the general view has been that agencies and authorities of the Commonwealth(with certain exceptions)are not subject to local authority or regulation.The imposition of local fees falls under these general principles,which have their basis in the doctrine of sovereign immunity. Review of the statutes,Opinions of the Attorney General and case law on this issue,including the most recent relevant decision of the Massachusetts Supreme Judicial Court,supports this view.Furthermore, locally-imposed fees would interfere with MassDOT's essential functions by requiring the establishment of a funding mechanism to pay third-party consultants for their duplicative review as well as drawing funding away from the design and construction budgets that are needed to carry out MassDOT's mission of maintaining and improving the statewide highway transportation network. Such projects, in many cases legislatively mandated,are part of and related to the essential function of MassDOT. Thus,MassDOT is not subject to the referenced local fees in carrying out its projects and that such fees may not lawfully be imposed upon MassDOT by any Conservation Commission. A synopsis of the judicial precedents which support this position is available upon request. www.mass.gov/massdot TEN PARK PLAZA BosroN.MA 02116-3969 • PHONE:617.973.7000 • FAx:617.973.8031 TDD:617.973.7306 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the MassDOT- Highway Division computer, use only the tab key Patricia A. Leavenworth, P.E., DH E-Mail Address to move your 519 Appleton Street cursor-do not Mailing Address use the return Arlington MA 02476 key. City/Tom State Zip Code (781) 641-8300 (781) 646-5115 Phone Number Fax Number(if applicable) 2. Representative (if any): MassDOT- Highway Division Firm Andrea.Norton Andrea.Norton @state.ma.us Contact Name E-Mail Address 519 Appleton Street Mailing Address Arlington MA 02476 City/Tom .State Zip Code (781) 641-8410 (781) 646-5115 Phone Number - Fax Number(if applicable) _ B. Determinations 1. I request the City of Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. I i ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality) - - ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). I I naforml.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): #455 Highland Avenue, (Rte. 107 NB) Salem Street Address City/Town (not applicable) (not applicable) Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The proposed project is located at#455 Highland Avenue, Route 107 NB, in the City of Salem. All work will occur within a MassDOT drainage easement that was issued in August 26, 1964. c. Plan and/or Ma Reference(s): P USGS map and MassGIS/ArcMap plan 05/24/2012 Title - Date Drainage Easement 08/26/1964 Title Date photos 2012 Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): See attached wpaforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem 1 WPA Form 1- Request for Determination of Applicability Ciry/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). under the 'limited project" exception in 310 CMR 10.53(3)(k) 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Singfe family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) (not applicable) wpafcrm1,doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request (including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Commonwealth of Massachusetts Name 10 Park Plaza Mailing Address Boston Citylrown Massachusetts 02116 State Zip Code Signatures: I also understand that notific t'on of this Request will be placed in a local newspaper at my expense in accordance Sectio 05(3)(b)(1) of the Wetlands Protection Act regulation . Signature of A t Date �lz�li z Signature Repres tative(if any) - Date I ' wpaforml.doc Page 4 of 4 SCOPE OF WORK #455 HIGHLAND AVENUE (ROUTE 107 NB), SALEM DRAINAGE MAINTENANCE WORK PROJECT Project Location: The proposed project is located at#455 Highland Avenue, Route 107 NB, in the City of Salem. All work will occur within a MassDOT drainage easement that was issued in August 26, 1964. Project Description: The work consists of routine maintenance activities in order to alleviate flooding conditions that are occurring as a result of construction debris and various rocks that have been placed at the culvert outlet and within MassDOT's drainage easement without authorization. Location#1 #455 Highland Avenue, Route 107 NB Excavate to clean muck and built up debris at culvert outlet. (±30'L x 15'W x ±3'D) Sedimentation control barriers will be located at areas of environmental concern and shall be maintained throughout the length of the project. Silt socks or hay bales will be used to control silt and debris from entering the wetland resource areas. The Contractor shall remove all accumulated silt and debris from the siltation barriers and properly dispose of the material. Siltation barriers shall be removed and disposed of at the Engineer's direction. During the execution of work under this contract, the Contractor shall exercise care in the placement and storage of equipment, materials and debris. No equipment, material, or debris can be placed or stored in or near a resource or drainage area leading to a resource. COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS HIGHWAY DEPARTMENT - !,. SALEM t ) f �.� ,y $ SW�►MP, ,1 s 0 UNITED STATES DEPARTMENT of the INTERIOR GEOLGICAL SURVEY SALEM QUADRANGLE ESSEX CO. MASSACHUSETTS 1 inch = 0.4 Miles 0.Qd990.180.270.36 ®Miles 7.5 MINUTE SERIES (TOPOGRAPHIC) CONTOUR INTERVAL X FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 sht 1 of 1 Games Soo 625 Westport Parkway, Grapevine,Texas 76051 (817)424-2114 Fax: (817)424-2024 Email: shirlevdavisnu.eamestoa.com March 28, 2012 Federal Express Massachusetts Department of Transportation 10 Park Plaza 44160 Boston MA 02116 RE: Wa1Mart Shopping Center, 440 Highland Avenue, Salem MA GameStop#3285 Dear Sir: There are ongoing major problems with water flooding into the GameStop store at the above referenced address. Our landlord's attorney at Goulston & Storrs have hired an engineer from Allen & Major Associates who determined that the drains are not effective during heavy rains, and claim that the off-site 30" reinforced concrete pipe is the responsibility of MASS DOT. On October 40', there was major flooding for the second time with over four inches of water causing major damages in product and property. I have enclosed the correspondence from Goulston& Storrs and Allen &Major Associates for your review. Please advise us as to your plans of inspecting this pipe and removing the debris. Sincerely, GAMESTOP, INC. Shirley Davis Legal Coordinator - enclosures 1 g�oulstomstorrs Laura E.D'Amato Idemato®goulsionstoms.com (617)574-3528 Tel (617)574-7513 Fax March 28,2012 BY EMAIL AND OVERNIGHT MAIL Shirley Davis Legal Coordinator GameStop 625 Westport Parkway Grapevine,Texas 76051 Re: Lease dated as of March 28, 2005 by and between Route 107 Salem Associates Limited Partnership as landlord("Landlord")and GameStop,Inc. as tenant ("Tenant") (the"Lease") for certain premises as more particularly described therein("Premises") located in the shopping center known as the Wal-Mart Plaza ("Shopping Center")located in Salem,MA Dear Ms. Davis: We are writing to follow-up on our prior correspondence regarding the drainage system at the above-referenced Shopping Center. As you are aware,Tenant has alleged that problems with the drainage system caused water to enter Tenant's Premises on or around October 4,2011. In our last letter we indicated that based upon Landlord's own inspection, the drainage system at the Shopping Center was functioning properly and was not the cause of any water damage that Tenant may have sustained as a result of the severe storm that occurred on October 4,2011 (which we understand was a 50 year storm event). We also indicated that Landlord was in the process of retaining an engineer to inspect the Shopping Center's drainage system in response to Tenant's concerns. Per the attached letter,the engineer has completed its inspection and has confirmed that the drainage system is functioning as designed. The engineer did discover as pall of its inspection that an off-site pipe owned by the Commonwealth of Massachusetts may have been obstructed(a/k/a"surcharged")by up to 75% at the time of the storm. The blockage of this pipe, which is located entirely outside of the Shopping Center and over which Landlord has no authority or control, likely contributed to the build-up of water in the parking lot of the Shopping Center during the October 4"' storm. As the engineer indicates, the Massachusetts Department of Transportation is aware that there has been flooding in the area surrounding the pipe and is in the process of reviewing it. Goulston&Storrs,A Professional Corporation • Boston DC • New York• Beijing 400 Atlantic Avenue • Boston,Massachusetts 021103333 • 617.482.1776 Tel • 617.574.4112 FaX - www.gouistonstorrs.com AI.LF.N & MAJOR ASSOCIATES,INC. 250 Commercial Street March 14,2012 Suite 1001 Manchester,NH 03101 Tel:(603)627-5500 George Terrien RE: A&M Project#I 151-1 Fax:(603)627-5501 Director of0perations Walmart Plaza S.R. Weiner Associates,Inc. 440 Highland Avenue 1330 Boylston Street Salem,MA Chestnut Hill,MA 02467 Dear Mr.Terrien, As requested by S.R. Weiner Associates, Inc., Allen & Major Associates (A&M) has assessed the existing drainage system for the Walmart shopping center located at 440 Highland Ave(Rt. 107),Salem, MA. This request was in response to flooding that took place within the plaza on October 4'a,2011. A tenant of this plaza has requested that the onsite drainage network be evaluated and repaired as necessary. . A&M reviewed all available information including the existing conditions plan developed by Atlantic Engineering & Survey Consultants, Inc., dated 8116/1985, and the Site Plan developed by Sain Associates, Inc. dated 7/1/1997 as well as the Massachusetts Department of Transportation (MASS DOT) plans.and US Geological Survey (USGS) images that were compiled, and the Stormwater Solutions stormwater inspection report dated December 20, 2011. All information at this time is to be considered approximate. In order to gauge a level of magnitude the watershed that was evaluated consists of onsite impervious areas only. Of the 14.08 acres,approximately 8.3 acres is considered to be impervious area. The record plans show that the onsite drainage network discharges to a State Owned 30" reinforced concrete pipe which outlets on file east side of Rt. 107. The existing off site State Owned 30"pipe is the controlling outfall point of the Walmart plaza. Typically the State Owned 30" pipe is able to handle small rain events. Larger rain events back up in the existing parking lot and then drain down after the peak storm event.. Per Stormwater Solutions stormwater inspection report, the existing State Owned 30"pipe was currently 75%surcharged and.the outlet was blocked by debris. Per MASS DOT,this area has been experiencing offsite flooding and they are in the process of reviewing it. In conclusion it is A&M's opinion that the existing onsite drainage network is functioning as designed. Lack of maintenance of the off-site existing State Owned 30" pipe blocked with debris backed tip the system, filling the parking lot and forcing water into the building.The entire system relies on the pipes to be free flowing in order to discharge the water. Very tndy yours, ALLEN&MAJOR ASSOCIATES,INC. Robert P.Clarke,PLA,ASLA Vice President y civil &structural engineering • land surveying • envii-onntental consulting • landscape architecture 25D Cmnmercinl Strep Suitc tent • Manchesler.Ntt 03101 • Tcl:(603)627-5500 • Fax:(603)627450 t www.alletimajor.com l t 1 � • • r� ��. cvxyy s �'�" �,�� ._y�^,,(4Iy�r}� �µ>f'�i r '"fi' � tl� a , � p��u,•; ,�`u��<+�,��' i'. 77 j -� 'Pill 1 r+ �. I y.� 1�,•' r 'n�`#ax A 1 r('.lr /y x g�� lA c d. WI. 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