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HUBON STREET - CONSERVATION COMMISSION �-!�'�� Sd Cres wed`^ �� CITY OF SALEM •B��IIVB CONSERVATION COMMISSION January 27, 2012 Michael J. Toohill, PWS, CE Coneco Engineers & Scientists, Inc. 227 Chelmsford Street, Suite C Chelmsford, MA 01824 Re: Determination of Applicability—Hubon Street Gas Main Dear Mr. Toohill: Enclosed, please find the determination of applicability for the above-referenced property. Please be advised that work must comply with the following special conditions as issued by the Conservation Commission. 1. Adequate erosion and sediment controls shall be on hand to install as needed. 2. All stockpiled materials within the riverfront area shall be covered. 3. Worksite shall be inspected regularly to ensure that sediment does not migrate away from immediate area of excavation. 4. Contact me at least 24 hours prior to start of work. This document is effective for three years from its date of issuance. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office David Knowlton, City Engineer t , 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 Boston Gas Company d/b/a National Grid _ City of Salem return key. Name Name 170 Medford Street 93 Washington Street Mailing Address Mailing Address Malden MA 02148 Salem MA 01970 City/Town State Zip Code City/Town State Zip Code renin 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: REQUEST FOR DETERMINATION OF APPLICABILITY; Hubon Street Gas 12/15/2011 Main - Salem, Massachusetts; Figure 4: Project Plan Date Title Date Title Date 2. Date Request Filed: 1/4/2012 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): Excavation, installation of new gas main, backfilling, and repaving to preconstruction grade. Project Location: Hubon Street between Bridge St. and North River Salem Street Address City/Town NA – NA -- -- — – --- Assessors Map/Plat Number Parcel/Lot Number wpaformldoc•Determination of Applicability•rev.10/6104 Page I of 5 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 r 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 document(s) 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 wpaform2 doc-Oelerminalioo of Applicability-rev.10/6104 Page 2 of 5 lit 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 N tice 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. wpaform2.boc•(Determination of Applicability•rev.10/6104 Page 3 of 5 Massachusetts Department of Environmental Protection 1- Bureau of Resource Protection - Wetlands 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 the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 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 l� Date Dao 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 Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm) and the property owner(if different from the applicant). es: c Date wpaform2.boc-Determination of Applicability•rev.1016104 Page 4 of 5 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 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://www.mass.gov/dep/about/region.fiiidyour.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. wpaform2.doc•Determination of Applicability•rev.10/6104 Page 5 of 5 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. City/Town State Zip Code ' [r Phone Number Fax Number(if applicable) Project Location /BNn 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 wpaform2doc•Request for Departmenlal Action Fee Transmittal Form-rev.10/6/04 Page I of 2 `R 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.qov/dep/about/region/findYOLir.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. wpalorm24oc•Request for Departmental Action Fee Transmittal Form•rev. IM/04 Page 2 of 2 r Project Status Sheet Address: ^ S� DE": Application Type: R oA Contact Name: t^klgwk—rt'ooQi �c: „S �' Phone: Y7? C rr� Date Submitted: '&Application Complete 'Correct Fee Received Abutters List Requested V Received Legal Notice Sent Legal Notice Confirmed Online Added to Agenda L�Agenda to Applicant ,Agent Comments to Commission Hearing Opened: �/� Continued: Site Visit: -E-Abutter-sit:«-Cvnirmed -E3-Ord ent to Applicant and DEP —❑-Con€ir-mation-of-Delivery -❑-Applicantcrded OoC with Registry Preconstruction Meeting: ❑ Cer ificate ompliance Sent to Applicant and DEP onfirmation of Delivery ❑ Applicant Recorded CoC with Registry ` Notes: I C, Q � �G ^'ys Q /�L✓ Qla�j r^�r1 (, �-.�p�8�Lw4,e..V- p� .2�c�5�/^`� ���`t � C7Cf.�V _� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Xf • 0 Agent ■ Print your name and address on the reverse El Addressee so that we can return 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 1? 0 Yes t. Article Addressed to: If YES,enter delivery address below: 0 No �ny.W ��uw5 y p 3. Service Type G GG V_\/ ` O d' —` 15rCertified Mail 13 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. " 4. Restricted Delivery?(Extra Fee) 0 Yes Number (Fmnsfer/rom service label) 7010 2782 0002 0158 9372 j rianskr PS Form 3811,February 2004 Domestic Return Receipt 102ees-02-10-lean UNITED STATES POSTAL SERVICE First-Class Maio Pos USPStage&Fees Paid Permit No. G-10 • Sender: Please rent our name, address, and ZIP+4 in this box I P Y I I I I I I I I Salem Conservation Commission j 120 Washington Street,3rd FI Salem,MA 01970 I I I I I I I I UI'T`Y OF SALEM CONSERVNTION COMMISSION ��?Tt11 ptl"`hti Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection & Conservation Ordinance at the request of Boston Gas Company d/b/a National Grid, 170 Medford St, Malden MA. Purpose of hearing is to discuss proposed installation of a new gas main within riverfront area and buffer zone to coastal bank on Hubon St between Bridge St and the North River.Hearing will be Thursday,January 26, 2012 at 6pm in City Hall Annex Run 313, 120 Washington St. Julia Knisel Chair Please print legal ad on: January 19, 2012 Please remit bill to: Michael J. Toohill, PWS, CE Coneco Engineers & Scientists, Inc. 227 Chelmsford Street, Suite C Chelmsford, MA 01824 978-656-8684 J � EJ- ° dyF � '�.�� �i✓/fit � �- 1 SIM I i a I i City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete Pon►► and make two copies. Date Received l Amount Received Form of Payment ® Check Cash CHECK PAYMENTS: write check number CASH PAYMENTS: write client initials Q Sign Permit Application Fee ® Conservation Commission Fee Payment received for O planning Board Fee what service? Q Old Town Hall Rental Fee Q Other Name of staff person V VAs receiving payment Additional Notes CZe +N 'E C 0 Civil Engineering 031078 Surveying CHECKDATE Y S c4 S C[P n t!SIS Ecological Services Environmental Consulting ,Bridgewater,MA 02324 - Bridgewater Savings Bank _ 53-728212113 3i 72821 113-Jin Banking BRIGGEWATER,MA PAY s3-rzavziia- AMOUNT 2J X90 TO LTp;,,;,��,w. 1110 3 i0 78ll' 1: 2 l i 3 7 28 28P: 6 L 7 000 5 i8ii' Original Check and Form: DPCU Finance Copy 1: Client Copy 2: Application File CIVIL ENGINEERING 0 N E. C 0 ENVIRONMEN"rAL CONSULTING fII1111WC] SCYPWWI S,.SUnvJ-pry ECOLOGICAL. SERVI('Rs SURVEYING December 29, 2011 Salem Conservation Commission Attn: Julia Knisel, Chair 93 Washington Street Salem, MA 01970 Re: Request for Determination of Applicability under the Salem Wetlands Protection Ordinance (Sec 50-1 to 50-12) and the Massachusetts Wetlands Protection Act for the Installation of a New Gas Main in Hubon Street Dear Commissioners: On behalf of Boston Gas Company d/b/a National Grid, Coneco is filing the attached Request for Determination of Applicability (RDA) to install a new gas main in Hubon Street. Once the new main is installed, the excavation will be backfilled and the road repaved to the current standard. The installation will take place within the 200-foot Riverfront Area of the Danvers River and within the 100 foot buffer zone of the Bank of the river. Enclosed are eight (8) copies of the RDA package including maps and a narrative describing the project and the resource areas in the vicinity. Also enclosed is a check made payable to the City of Salem for the filing fee of$25.00. We have also sent a $250 deposit check to the Salem News for the Legal Ad (copy enclosed) and have filed the RDA with the Northeast Region of the DEP. On behalf of Boston Gas Company d/b/a National Grid, we ask that you schedule this matter for discussion at your next available meeting. If you have any questions or need additional copies of the documents please feel free to contact the undersigned at 978-656-8684 ext. 101. Sincerely, Michael J. Toohill, PWS, CE Principal—Ecological Services and Permitting Coneco Engineers & Scientists, Inc. Cc: Beverly Auxford-Paiva, National Grid Salem News Legal Ad Dept. 227 Chelmsford Street,Suite C,Chelmsford,MA 01824 (978)656-8684 Bridgewater,MA Chelmsford,MA www.coneco.com Auburn,MA Glastouburv,Cr I i REQUEST FOR DETERMINATION OF APPLICABILITY FILED UNDER: MASSACHUSETTS WETLANDS PROTECTION ACT MGL C131 §40 PROJECT SITE: HUBON STREET SALEM, MA 01970 PREPARED FOR: BEVERLY AUXFORD-PAIVA LEAD ENVIRONMENTAL ENGINEER BOSTON GAS COMPANY d/b/a NATIONAL GRID 170 MEDFORD STREET MALDEN, MA 02148 PREPARED BY: Coneco Engineers & Scientists, Inc. 227 Chelmsford Street Suite C • Chelmsford, Massachusetts 01824 Phone: (978)656-8684 • Fax: (978)656-8013 DECEMBER 29, 2011 Table of Contents Wetland Protection Request for Determination of Applicability for Gas Main Installation Hubon Street : Salem, Massachusetts 1.0 Request for Determination of Applicability Copy of Filing Fee Checks 2.0 RDA Narrative 3.0 Figures Figure 1 — USGS Site Location Map Figure 2— FEMA FIRMette Figure 3 - Massachusetts Mouth of Coastal River Map: Mouth of Danvers River Figure 4- Project Plan f Section 1 Request for Determination of Applicability Copy of Municipal Ordinance Filing Fee Check L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability City/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General information important: When filling out 1. Applicant: forms the computer,use Boston Gas Company(d/b/a National Grid)Attn: Beverly Beverly.Auxford- te only the tab key Auxford-Paiva PaivaAus.ngrid.com to move your 170 Medford Street cursor-do not Mailing Address use the return Malden MA 02148 key. Gty/rown State Zip Code (781)988-5244 Ext.85244 °6 Phone Number Fax Number(if applicable) 2. Representative(if any): Coneco Engineers &Scientists Inc. Firm Michael Toohill mtoohill0coneco.cwm Contact Name E-Mail Address 227 Chelmsford Street Suite C Mailing Address Chelmsford MA 01824 City/rown State Zip Code (978)656-8684 ext 101 (978)656-8013 Phone Number Fax Number(if applicable) B. Determinations 1. 1 request the Salem Conservation Comm. make the following determination(s). Check any that apply: Conservafion 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. ® 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: ^' Salem, Massachusetts Name of Municipality ❑ e.whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformi.doc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem PA 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): Hubon Street Salem Street Address cityfrown NA NA Assessors Map/Plat Number Paroel/Lot Number b. Area Description(use additional paper, if necessary): The project is located within the current extent of Hubon Street. For this project, the Riverfront Area includes the western 200 feet of Hubon Street since the mean high water line is at the retaining wall at the western end of the street. The Danvers River bank resource area also begins at the retaining wall and the buffer zone extends 100 feet east from the edge of the wall. c. Plan and/or Map Reference(s): Site Locus Map 12/22/2011 Title Date FEMA FIRMette 8/5!1985 Title Date Project Plan 12/15/2011 Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): The project includes the installation of a new gas main along Hubon Street. About 180 feet of the project is within the Riverfront Area and 80 feet is within the buffer zone on the Danvers River bank resource area. See narrative and maps for additional project details. nafoml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem PA Form 1- Request for Determination of Applicability city/rown L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor 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). 310 CMR 10.58(3) 310 CMR 10.58(5) See attached narrative for details 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverrront Area, indicate the one classification below that best describes the project. ❑ Single 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 8/7/9$ ❑ 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.) wpalam Aoc Page 3 of 4 Massachusetts De artment of Environmental tronmental Protection Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability atyirown 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: City of Salem c(o Department of Public Works Name 93 Washington Street Mailing Address Salem city/rown Massachusetts 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Section 10.05(3)(b)(1)of the Wetlands Protection Act regulations. Signature of Applicant J / Date Signature of Represtive(if any)Ir Date nafo mi.dx Page 4 of 4 u < a Salem News REQUEST FOR LEGAL NOTICE I understand that by signing this form I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper. Please make checks payable to the SALEM NEWS and mail immediately to SALEM NEWS Attention Gloria Pobiedzinski 32 DUNHAM ROAD BEVERLY,MA 01915 **Average legal notice costs are estimated "Customer will either be refunded or billed when the legal notice is published Salem News=$250.00 per day Check# Credit Card please call Gloria @ the Salem News 978-338-2512 If payment is not received the Legal Notice will be cancelled Signed Applicant/Authorized Agent Date Print Name Michael J. Toohill Address lConeco Engineers & Scientists, Inc. 227 Chelmsford St., Ste. C, Chelmsford, MA 01824 Phone 978-656-8684 x1EI] 32 DUNHAM ROAD ADVERTISING FAX 978-922-4330 NIA A 01918-1895 NEWSROOM FAX 978-927-4524 TELEPHONE 978-922.1234 E-MAIL ECNNEWS.COM CN E C Q Civil Engineering 031078 Engineers & Scientistssurveying Ecological Services CHECKDATE , 4 First Street,Bridgewater,MA 02324 Environmental Consulting Bridgewater //r Savings Bank 53-7282/2113 hhur Banking PAY / �, r BRIDGEWATER,MA -�/� �� 53-7282/2113 /j �/ / AMOUNTe,5, TO C��lT7� D��®«I77 �.7, 11403107811' 1: 24i3728281: 617 000 5i8ii' �' Dt ^rte ti FC O N E C O Civil Engineering 031727 neers & Scientists Surveying CHECK DATE Ecological Services 4 First Street,Bridgewater,MA 02324 Environmental Consulting Bridgewater Savings-Bank Neighhar-T.Ncighb,Buikurg -- --�"`� BRIDGEWATER,MA PAP / Q n /� / J A'/wry 53-]282/2173 TO \�, 1 e j J VL^ J7 o✓A AMOUNT � J J �'t. � t�•57 rl�rJ.e�U`.il V.vi y7.7. 7 to 11'03172711' 1: 211372E 281: 617 000 51811 ■ AUPHONIZRD SIGNATpXE i Section 2 Request for Determination Narrative I t INTRODUCTION This Massachusetts Wetlands Protection Act (WPA) Request for Determination of Applicability (RDA) is being submitted by Coneco Engineers & Scientists Inc. (Coneco) on behalf of the Boston Gas Company (d/b/a National Grid) for a proposed gas main installation located on Hubon Street in Salem, Massachusetts (Figures 1 and 2). This project is proposed in accordance with the Massachusetts Wetlands Protection Act (M.G.L. c. 131 § 40), its implementing Regulations (310 CMR 10.00). The purpose of this project is to install a new gas main within the road right-of-way for Hubon Street to extend service to the residents and businesses located along the road. EXISTING SITE CONDITIONS Hubon Street is located in an area of dense residential and commercial development along Route 1A just south of Essex Bridge. Hubon Street is a paved street that contains mainly residential housing with one vacant lot and a lobster or crab business located at the western end along the tidal flat. At the western end of the street is a retaining wall comprised of concrete and cut granite blocks. Hubon Street is located on a peninsula of land that makes up the western shore of Collins Cove along Beverly Harbor at the junction of the Danvers River with North River. Engineering plans provided by National Grid show water pipes within the road right-of-way. Sewer pipes also likely exist within the right-of-way for Hubon Street. Wetland resource areas identified at the site include the Bank of the Danvers River Land Underr Water and Riverfront Area. The bank area is reinforced with granite and concrete and protects the road bed and surrounding neighborhood from erosion and flooding. The Riverfront Area begins at the bank resource area and extends 200 feet inland (east) covering about half of the project area. The project will be located within the buffer zone of Bank of the Danvers River and within the Riverfront Area. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM)for the City of Salem, MA (Community Panel 250102 0001 B) Dated August 5,1985, the site is located in an area mapped as a Zone C, area of minimal flooding. According to the Massachusetts Natural Heritage Atlas (13U' Edition, October 2008) and the most current MASSGIS layers on the OLIVER online mapping system developed by the Office of Geographic Information (MassGIS), Commonwealth of Massachusetts, Information Technology Division it was determined that there are no certified vernal pools, Estimated Habitats of rare wildlife or Priority Habitats of rare species mapped at or in the vicinity of the site. In addition, the site is not located within either an Area of Critical Environmental Concern (ACEC) according to the 2008 Massachusetts ACEC List(September 2008, Executive Office of Environmental Affairs) and the Office of Geographic Information (MassGIS), Commonwealth of Massachusetts, Information Technology Divisions online GIS layers or Outstanding Resource VVater as defined in 314 CMR 4.00. PROJECT DESCRIPTION Summary The proposed project will involve excavation of the road and installation of a gas main pipe underneath the road surface. Surplus excavate will be removed from the site and deposited in an appropriate location. Upon the completion of the project the road surface will be restored to a condition similar to the current state. Sidewalks and other public structures will also be restored to their current condition. Erosion Control To guard against possible impacts from the proposed project, erosion and sedimentation control measures will be incorporated into the sequence of construction. Erosion/sedimentation control installations include placement of hay bales and filter-fabric fencing around disturbed areas and at storm drainage inlet points as necessary. On-going stabilization of disturbed areas-9 9 will be completed as the work progresses. On this project, erosion controls mainly apply to excavated material temporarily stored on site during construction. RIVERFRONT AREA The western half of this project is located within the Riverfront Area adjacent to the Danvers River as defined in 310 CMR 10.58. 310 CMR 10.58 (3) states that" The presumption is rebuttable and may be overcome by a clear showing that the riverfront area does not play a role in the protection of one or more of the interests.." In this instance the work area is located in a paved street and therefore does not protect the interests listed in 310 CMR 10.58. Since the project represents a temporary disturbance that will result in no net change in site conditions, any impacts to the Riverfront Area will be minimal. In the event that the presumption set forth in 310 CMR 10.58(3) is not overcome, the project qualifies under 310 CMR 10.58 (5) as "Redevelopment Within Previously Developed Riverfront Areas". All project elements are located within the paved expanse of Hubon Street and are designed to have no net impact on the site. All work will conform to the criteria of 310 CMR 10.58 (a)through (h) as applicable as follows: 310 CMR 10.58(5) (a) The work will have no impact on over existing conditions as the area will be repaved to existing standards following the installation of the pipe. 310 CMR 10.58 (5) (b) Stormwater management will be provided as necessary during the project. 310 CMR 10.58(5) (c) The proposed work will be entirely within the current paved or otherwise developed area. 310 CMR 10.58(5) (d) The proposed work will be done as far from the Danvers River as reasonably possible. 310 CMR 10.58(5) (e) The proposed work will not exceed the current amount of degraded area (paved road). 310 CMR 10.58(5) (t),(g)&(h) No restoration or mitigation is proposed for this project. INLAND RESOURCE AREA IMPACTS Portions of this project will be within the buffer area along the bank associated with the mouth of the Danvers River. Hubon Street is raised above the level of the Danvers River and this resource area consists of a reinforced bank or retaining wall at the western terminus of the road surface. The bank is reinforced with cut granite and concrete to protect the surface of the road from erosion caused by wave action or flooding. The value of this bank is its resistance to erosion during storm events and protection of the neighborhood from flooding. All project elements are located in a current roadway and will not create a significant change in the characteristics of the road surface or impact the bank. While the proposed project occurs within the 100 foot buffer area as defined in 310 CMR 10.02 (1), it will have no net impact on the value of the bank resource area. CONCLUSION The proposed gas main installation project will extend service to several residences and businesses on Hubon Street. The project elements will occur within the buffer area for the bank on the Danvers River and the Riverfront Area. Construction for the project will be located in an area that is currently developed and degraded for the purposes outlined in M.G.L. c. 131 § 40. As a result there will be no net impact from the project to significant adjacent resource areas provided that appropriate erosion control measures are taken during construction. On behalf of the Boston Gas Company (d/b/a National Grid) we ask that the Salem Conservation Commission issue Determination of Applicability (Negative 2 and Negative 3) allowing the work to proceed as proposed. Section 3 Figures r `. a�� :'.air''� e• e f � A yyx'7 �.. r � � ,wry + tr -,w r m{ C' .i5�'S c4•: ;a L ter"},. r,l ��' �! tit v rT 5 i•. ,yvT-., ,}. 55,S f. '�.e 1 ', s .f r. y �}. ���}'k A r ; mhi�r �{M1 Z ',s`'�.}�.L� ,' •' •�� ,e 'sr. < T y�:; t� � y+.i�rir� .' �� 4 '( .c,�� � �w tJ'¢� ,,L�N�.y�'!4. • _•�'. p' p "' f .n �3 � t^ ;P'� ?rr I �`,' y} s�t, r��' •W"tkk' 3�r`L,r.' � ��re•//'144 � � i_ - to f5,. :c`.M - "'y e� • r�i' .� r � `•u t it } fja i� � `� - . C O N E C O Engineers,Scientists&Surveyors COORDINATES OBTAINED FROM NAD83 DATUM LATITUDE: 42' 32' 07" N OFFICES THROUGHOUT NEW ENGLAND (1100) 5r8-3358 LONGITUDE: 70' 53' 15" W UTM: 4,710,944 N 344,978 E (Zone 19) SITE LOCUS MAP N NEW GAS MAIN HUBON STREET SALEM, MASSACHUSETTS U.S.G,S. 1979 SALEM, MASSACHUSETTS SCALE PROJECT NO, DRAWING NUMBER 7.5X15 MINUTE OUADRANGLE 1:25,000 7235 FIGURE _ C�fN f T � k500 0 500 FEET 4� �' La'ur)t]Cs- ?wAPPROXIMATE SCALE W.,11W I I'll �', ,S�w*au �Ap1>,�. aFP A , > F� r9 rcvn1`,. IF I y CITY OF MASSACHUSETTS ESSEX COUNTY �'. PANEL 1 OF 5 FOR j '> w7 h yy CANWUNJTYPANEL NUMBER '?50102 0001 B a 'y�I:``Ft1 �• � �' `�'' jYkk.{�*'�����jl l���t��Hil MAP REVISED: AUGUS �. eS r t � t./ i � a•rkS .4 � Zit n Massachusetts Mouth of Coastal River Maps M.G.L. c.131, s.4O Town:BEVERLY/SALEM 31OCMR 1O.58 River. DANVERS RIVER ID:BEVERLY-SALEM MOR-1 dl 1, P005 aNAN PAL 1 .{4�1 �� Prxl. xa.lnxl ell.'+TI eed�` P Z I fi W.I laa :. a{ gh da I.rter `�; aux.n rtue pY r ,, iii �ry {lad � '� �'3xyyyryyy\ �� 17YLy.i .r � P,'— Hubon eet d t Project Site ' r - = J ��$'s J Nkp Legand �� !p Jt,, w ' #11OW- A � MGM OfRlYer _._ awe BOurmary � eYy �: "„"'iGl S. SOL 1:7:600 MotB:otRi..m».debw .n W111;OmWy,GOvornOr 0 ZL Sm 1.000 1.W0 b/DEP Wabrda PTgMM FJlan Rq H_AN.krr,Sxomtary r"et Cole Odh*nl0 bow maptm 1 inch equals 325 feet MwaS 2OD1-M. Mass D=P 018 Program Figure 3 AN Mouth o Danvers River r PiuJect 78311 FIIe: !%0 Upg6pdDate.&Rilvlsbim-g876JB8ss lyf +1 {ani `; 4 .oJ .•.�,- "' "' ..w � 7A ` UtIU�I '0 yFlf+ y x � a' Street 'e'fy "+*. � � � ii i 4s ` �T ^y�, 11, r+ 11 a� i ( ��ka/`' S M� � Mouth s /. ` l/p n ? r iver, T 1 f} �{ f ^.. q1 ! f gyp.,` �. � k*.• � i • I ��rti I a' , 17 -7/7LQ YA � R t }} p ILL 3 �. T -'• `� / F � v �' E - ` { -'FAX�`F� ,y""c- "art': '-" ^-. LFII Vv 4'•9A, \ ''may. �,:i' K /� { �3 / � t�y�A���.,, w• -s . _ ,� "_�'- ! .a ` rte, �r r r s RESOURCE AREAS _REQUEST FOR iDETERMINATIQN OF APPLICABILITY Natloaal Grid Am FM Sketch • 2008 revel Color Ortho Imagery Applicant: nationaigrid - OI t710 ®aosho9 Dancers River(Fig..3) 75 un resolmian \ Hubon Street Gas Main - Salem, Massachusetts MASSGISres roe ares shaWiles THE vovuEnaFACTtoN D Ts 30 Feet �Rwer6wdPJea200Feet Figure 4: Project Plan t r r e t C O N -E ,C ,O > Scale 4 inch=30,.tee0 CYrallar91 Tidelands,(Historic High Water) Agent: