64-351 - KERNWOOD STREET - CONSERVATION COMMISSION ►��r� d� r�<< �. 64 -351
T
-� ` .' Massachusetts Department of Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: I II II II III I I I I III III I III
From:
When filling 2003011000151 Bk;21218 P9;590
out forms on Salem 07/10/2000 09:27:00 OTHER Ps 1110
the computer, Conservation Commission
-
use only the
tab key to This issuance if for(check one):
move your
.cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
rr City of Salem Parks and Recreation Dept. Same
® Name Name
93 Washington Street
Mailing Address Mailing Address ,
Salem MA 01970
Cityrrown State Zip Code Cityrrown State Zip Code
1. Project Location:
24 Kernwood Street Salem
Street Address Cityrrown
Map 28 Lot 0018
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 2634 427
County Book Page
NA
Certificate(H registered land)
3. Dates:
June 12, 2003 June 26,2063--- June 26, 2003
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
The City of Salem Pier Refurbishing Kernwood Marina Salem MA June, 2003
Title - _ - - - Date
5. Final Plans and Documents Signed and Stamped by:
NA
Name
6. Total Fee:
Waived.
(from Appendix.B:Wetland Fee Transmittal Form) - -
WPA Forth S Page 1 of I
R.I.01100 ^
i Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
q 64-351
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Salem
the computer, Conservabon Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
City of Salem Parks and Recreation Dept Same
Name
Name
93 Washington Street
Mailing Address Mailing Address -
Salem MA 01970
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
24 Kernwood Street Salem
Street Address City/Town
Map 28 Lot 0018
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 2634 427
County Book Page
NA
Certificate(if registered land)
3. Dates:
June 12, 2003 June 26, 2003 June 26, 2003
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
The City of Salem Pier Refurbishing Kernwood Marina Salem MA June 2003
Title Date
5. Final Plans and Documents Signed and Stamped by:
NA
Name
6. Total Fee:
Waived
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5
Rev.02100 - Page 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C,4
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes)'
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant isnot sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Form 5
Rev.02100 Page 2 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 64-351
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the 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.
WPA Forth 5
Rev,OMD Page 3 of 7
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
5 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See Attached
Findings as to municipal bylaw or ordinance
Furthermore, the Salem hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Form 5
Rev,W/00 Page 4 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-35\.
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years; unless otherwise specified as a special condition pursuant to General
Conditions#4,from the date of issuance.
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendi A) and the property owner(if different from applicant).
Signatures-
On \Wen\" Of —ZZ�2 2ue">
Day I Month and Y ar
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
at w ed that he/she xecute the ame as his/her free act and deed.
lic My Comi�
Notaryubiission 6cpires
This Order is issued to the applicant as follows:
by hand delivery on ❑ by certified mail, return receipt requested,on
Date Date
NPA F.rt 5
Rev.O2 Page 5 of 7
\ Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. 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 Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
V&A Form 5 Page 6 of 7
Rev.07100
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands 64-351
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
24 Kernwood Street, Kernwood Marina 64-351
Protect 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 .
WPA Fort 5
Rev,07/00 Page 7&7
- Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE # 64-351
City of Salem, Kernwood Marina Pier, Salem, MA
1. The
Conservation Agent will be notified of fled 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law of regulation other than MGL Chapter
131,Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-351,and not placed on a living
tree.
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or
successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur
on this property without prior approval from the Commission.
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been
issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that
he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of
Conditions.
14. Conditions number NA as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,
and shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision;the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction.activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
20. There shall be NA hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this.project; additional measures may be required by the Commission.
22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in
Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps,slash,construction materials,etc.shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department. ,
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L. Chapter 21A,section 16.
POST CONSTRUCTION
39. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
�F
I' 40. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
42. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs; at which time the applicant shall fust request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
ADDITIONAL CONDITIONS
44. All work barges and sea vessels shall have a spill kit on board at all times in the event of an accidental hydraulic
or fuel leak and/or spill.
45. There shall be no open contains of any type of petroleum products greater than 5 gallons on board any of the
barges and or work vessels.
46. A containment boom shall be installed around the work area prior to the commencement of any activity.This
will insure that any fallen debris from the pier work shall be contained within the work area and will not enter
into any water resource area.In the event that any fallen material enters into open waters and/or a resource area,
the contractor shall retrieve and dispose of it in a timely and proper manner.
�\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617.292.5500
MITT ROMNEY ELLEN ROY HERZFELDER
Governor
Secretary
KERRY HEALEY EDWARD P.KUNCE
Lieutenant Governor Acting Commissioner
JUN 3 6 2003
Mr. Don Cefalo
c/o Department of Planning and Community Development
120 Washineton Street
Salem, MA 01970
RE: Kernwood Marina Pier Restoration
Dear Mr. Cefalo:
Thank you for your letter of May 28, 2003 regarding maintenance and repair work to be done on
the Kernwood Marina pier. The Department has determined that a new Chapter 91 license will
not be required for this work.
Should you have any questions, please me at(978) 661-7778.
Sincerely,
111 E. Provencal
Environmental Analyst
Wetlands and Waterways Program
C12
CD
MD 4.14M
sz M
This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-5561171.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http:/As .mass.gov/dep
�J Printed on Recycled Paper
NOTICE OF INTENT
City of Salem
Parks and Recreation Department
Kernwood Marina Pier Restoration and Repair
Proj ect
June 2003
Massachusetts Department of Environmental Protection DEP File Number:
up
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
A. General Information
Important:
When filling out 1. Applicant:
forms on the City of Salem - Parks & Recreation Department
computer, use Name E-Mail Address(if applicable)
only the tab
key to move 93 Washington Street
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code -
1-978-745-9595
� Phone Number Fax Number(if applicable)
2. Representative (if any):
NA
Firm
Note: Contact Name E-Mail Address(if applicable)
Before
completing this Mailing Address
form consult
your local
Conservation City/Town State Zip Code
Commission
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
Same
Name
Mailing Address
Cityfrown State Zip Code
4. Total Fee:
Waived (Municipality)
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
24 Kernwood Street Salem
Street Address CityfTown
Map 28 Lot 0018
Assessors Map/Plat Number Parcel/Lot Number
6. Registry of Deeds:
Essex 2634 427
County Book Page
NA
Certificate(if Registered Land)
WPA Fon 3 Page l of
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 3 - Notice of IntentY
Provided b DEP
g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Salem
Town
A. General Information (cont.)
7. Summary of Project Impacts:
a. Is any work being proposed in the Buffer Zone?
❑ Yes If yes, how many square feet?
® No
b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
Resource Area Size of Impact(e.g., sq. ft.)
Rocky Intertidal Shore 36 +/- Square Feet
Coastal Bank 7 +/- Linear Feet
Land Subject to Coastal Storm Flowage 36 +/- Square Feet
B. Project Description
1. General Project Description:
Restoration and repair to the existing City of Salem pier and dock facility, located at the Kernwood
Marina. Work will consist of the refurbishing of the approximate 132 foot long by 7 foot wide pier
structure. In addition, 24 pilings will be installed to replace the existing deteriorating pilings. All the
proposed work and repairs shall be constructed within the existing footprint. Since the proposed work
will be within the confines of the existing structure, there will be minimal or no adverse impacts to any
of wetland resource areas associated with this project.
2. Plan and/or Map References:
The City of Salem, Pier Refurbishing Kernwood Marina Salem MA June 2003
Title Date
WPA Farm 3
Rev.07/00 Paga 2 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
y WPA Form -3 — Notice of Intent Provided-by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
C. Activities Subject to Regulation
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach
❑ Bordering Vegetated Wetland (BVW) ® Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ® Coastal Bank
b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
NA NA
Square Feet altered _ Volume of Flood Storage Lost(cubic feet)
Square Feet replaced Volume of Flood Storage Compensation(cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
NA NA
Square Feet altered Volume of Flood Storage Lost(cubic feet)
Cubic Yards dredged - Volume of Flood Storage Compensation(cubic feet)
Bank:
NA
Linear Feet altered
Coastal Resource Areas:
Coastal Dune: Land Under Salt Pond:
NA NA
Square Feet altered Square Feet altered
Cubic Yards/Volume removed Cubic Yards dredged
Salt Marsh: Rocky Intertidal Zone:
NA 36+/-
Square Feet altered Square Feet altered
Coastal Bank: Designated Port Area:
7+/- NA
Linear Feet altered Square Feet altered
WPA Fon 3 Page 3 of 8
Rev.MOO
lugMassachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent Providedby DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
NA NA
Linear Feet altered - Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
36 +/- NA
Square Feet altered Square Feet altered
Land Under Ocean:
NA
Square Feet altered
Cubic Yards dredged
Riverfront Area:
a. Name of Waterway (if available):
Danvers River
b. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
c. Describe how the Mean Annual High-Water Line was determined:
Mean High Water(NGVD)
d. Distance of proposed activity closest to the Mean Annual High-Water line:
Work extends approximately 38 feet seeward of MHW
Feet
e. Total area of Riverfront Area on the site of the proposed project:
+/- 180,000
Square Feet
f. Proposed alteration of the Riverfront Area:
266 266
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
WPA Form 3 Page 4 or 8
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Y WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
C. Activities Subject to Regulation (cont.)
2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary (attach documentation):
❑ 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
❑ Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
2000-2001
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
® No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act(M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
❑ Yes
® No
WPA Form 3 Page 5 of 8
Rev.02/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 3 - Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
D. Performance Standards
1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
® Yes If yes, describe which limited project applies to this project:
310 CMR 10.24(c)(2) maintenance and repair to an existing pier.
❑ No
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
wetlands regulations, 310 CMR 10.00.
® Yes If yes, describe which exemption applies to this project:
10.58 (6) (I) exempts Chapter 91 permitted projects from riverfront provisions
❑ No
3 a. Is the project located in the Riverfront Area?
® Yes If yes, indicate the proposed project purpose:
❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ® Other(describe)
See above, Question 2
❑ b. Was the lot where the activity is proposed created prior to August 1, 1996?
® Yes
❑ No
4. a. Describe how the project will meet all performance standards for each of the resource areas
altered, including standards requiring consideration of alternative project design or location. Attach
narrative and supporting documentation.
b. Is this project exempt from the DEP Stormwater Policy?
® Yes If yes, explain why the project is exempt:
Rehab. to an existing structure (pier), no stormwater generated.
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
WPA Fc.3 Page 6 of 6
Rev.07/00
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Town
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI):
• 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.
• Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the
boundaries of each affected resource area.
Other material identifying and explaining the determination of resource area boundaries shown on
plans (e.g., a DEP BVW Field Data Form).
• List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
The fees for work proposed under each Notice.of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee
Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department, or cities and towns of
the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm
fee payment:
Waived
Check Number Check date
Payor name on check Applicant name(if different from payor)
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delive or certified mail
(retur ceipt r queste to all u rs within 100 feet of the property line of the pr ject to tion.
S)dnature Applic n Date
Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
WPA Form 3 Page 7 of 8
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
G. Signatures and Submittal Requirements (cont.)
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation
Commission by certified mail or hand delivery.
For DEP:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) by certified mail or hand delivery.
Other:
If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
WPA Form 3 Page a of e
Rev.02100
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28-0002-0 2 KERNWOOD STREET KERNWOOD COUNTRY CLUB BOX 106 SALEM MA 01970
28-0017-0 12 KERNWOOD STREET NEW ENGLAND POWER CO PROPERTY TAX DEPT 25 RESEARCH AVENUE WESTBOROUGH MA 01581
28-0018-0 24 KERNWOOD STREET SALEM CITY OF MARINA MA
28-0019-0 1 9 KERNWOOD STREET KERNWOOD COUNTRY CLUB BOX 106 SALEM MA 01970
End of Report
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetland Protection Act
(to be submitted to the Massachusetts Department of
Environmental Protection and the Conservation Commission
when filing a Notice of Intent)
I, City of Salem, hereby certify under the pains and penalties of perjury that on
(Name of Person Making the Affidavit)
73w-c %f zm3I gave notification to abutters in compliance with the second paragraph of
Massa— setts
(Date)
General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8,
1994, in
Connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetlands Protection Act by
City of Salem with the Salem Conservation
(Name of Applicant)
Commission on Sy-.-�e,zxx)3 for property located at
(Date)
Kernwood Marina, Salem, MA
(Location of Property)
The form of the notification, and a list of the abutters to whom it was given and their
addresses, are attached to this Affidavit of Service.
1
VN
ame Date
Notification to Abutters
Under the Massachusetts Wetlands Protection Act
In accordance with the second paragraph of Massachusetts General Law Chapter 131,
Section 40, you are hereby notified of the following.
A. The name of the applicant is City of Salem Parks and Recreation Department
B. The applicant has filed a Notice of Intent with the Conservation Commission for the
municipality of Salem, MA
seeking permission to remove, fill, dredge or alter an Area Subject to Protection
Under the Wetlands Protection Act(General Laws Chapter 131, Section 40).
C. The address of the lot where the activity is proposed is Kernwood Marina, Salem
D. Copies of the Notice of Intent may be examined at Salem Conservation Commission,
120 Washington Street, 3`d Floor, Salem, MA 01970
between the hours of 8:OOAM and 4:OOPM on the following days of the week:
Monday through Friday
For more information, call (978) 745-9595 x311.
Check One: This is the applicant , representative , or other X (specify):
City of Salem
E. Copies of the Notice of Intent may be obtained from either (check one) the applicant
X , or the applicant's representative , by calling this telephone number
(978) 745-9595 x311 between the hours of 8AM and 4PM on the following
days of the week: Monday through Friday
F. Information regarding the date, time, and place of the public hearing may be obtained
from Salem Conservation Commission by calling this telephone number (978) 745-
9595 x311 between the hours of 8:OOAM and 4:OOPM on the following days of the
week: Monday through Friday
Check One: This is the applicant , representative , or other X (specify):
City of Salem _
NOTE: Notice of the public hearing, including its date, time, and place, will be
published at least five (5) days in advance in the Salem Evening News.
(name of newspaper)
NOTE: Notice of the public hearing, including its date, time, and place, will be posted in
the City or Town Hall not less than forty-eight(48) hours in advance.
NOTE: You may also contact your local Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information about this
application or the Wetland Protection Act. To contact DEP, call:
Central Region: 508-792-7650 *Northeast Region: 978-661-7600
Southeast Region: 508-946-2700 Western Region: 413-784-1100
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J11GREENLAWN CEMETERY Y, AUGUST 5,1985
CITY OF
��chM0. SALEM,
� soo - APPROXIMATE SCALE soo Feel � �� ' MASSACHUSETTS
O
ESSEX COUNTY
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CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
' 120 WASHINGTON STREET, 3RD FLOOR
i a SALEM, MA O 1970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
MARCH 12,2002
MS.JILL PROVENCAL
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGION
WETLANDS&WATER WAY
205A LOWELL STREET
WILMINGTON,MA 01887
DEAR MS.PROVENCAL,
PER YOUR CONVERSATION WITH DON CEFALO,CITY OF SALEM CONSERVATION AGENT,
THE CITY OF SALEM IS SEEKING A DETERMINATION FOR AMENDMENT TO THE EXISTNG
CHAPTER 91 WATER WAYS LICENSE FOR THE WINTER ISLAND PARK PIER.
THE SALEM HARBORMASTER'S OFFICE IS PROPOSING TO CONSTRUCT AN 8'X 12'WATCH
STANDING SHED WHICH WILL BE LOCATED ON THE EXISTING PIER AT WINTER ISLAND
PARK. THE PROPOSED SHED WILL BE MOUNTED TO BRACKETS ATTACHED TO THE SIDE
OF THE PIER. THIS WOULD CANTILEVER'THE SHED OUT OVER THE WATER. IN THIS
LOCATION THE SHED WOULD NOT INTERFERE WITH ANY OF THE EXISTING FUNCTIONS
OF THE PIER. THE ONLY UTILITY SERVICE ASSOCIATED WITH THE OPERATION OF THE
SHED WILL BE ELECTRICITY. !
THE HARBORMASTER VESSELS ARE MOORED AT THE WINTER ISLAND PIER,THIS
PROPOSED SHED WOULD LOCATE THE HARBORMASTER ON DUTY WITHIN FEET OF THEIR
VESSELS. HAVING THIS SHED AT THIS LOCATION WOULD REDUCE EMERGENCY
RESPONSE TIME SIGNIFICANTLY.IN ADDITION,THIS LOCATION WILL ALLOW THE
HARBORMASTERS TO INTERACT MORE READLY WITH THE BOATING PUBLIC AS WELL AS
IMPROVING PUBLIC SAFETY.
ENCLOSED FOR YOUR REVIEW IS A DRAWING FOR THE SHED AND LOCUS DRAWING. IF
ANY FURTHER INFORMATION IS NEEDED,PLEASE FEEL FREE TO CONTACT THIS OFFICE AT
978-745-9595 X389.
SINCERELY, f�
TOM ST.PIERRE
LOCAL BUILDING INSPECTOR
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CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
STANLEY J.USOVICZ,JR.
MAYOR 120 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970 -
JOSEPH P.WALSH,JR. TEL:978-745-9595•FAX 978-740-0404
DIRECTOR
May 28, 2003
Ms. Jill Provencal
Department of Environmental Protection
Northeast Region
Division of Wetlands and Waterways
205A Lowell Street
Wilmington, MA 01887
Re: Kemwood Marina Pier Restoration, Salem
Dear Mvenal,
The City of Salem is requesting a determination from the Department of Environmental
Protection as to whether the proposed work to the present pier at the Kernwood Marina
falls under the category of maintenance/repair work of the existing Chapter 91
Waterways License.
The Parks and Recreation Department is proposing to perform maintenance and repair
work to the existing pier structure located at the Kernwood Marina, 24 Kemwood Street,
Salem, MA. Since the piers initial construction,the structure has fallen into a state of
disrepair, making it unsafe for public use. The proposed work will include the
replacement of deteriorated pilings, decking and hand rails. Repairs and matainence work
will not exceed the footprint of the existing pier structure.
Enclosed for your review is a drawing for the repair work to the pier. If you have any
further questions or concerns,please feel free to contact me at 1-978-745-9595 x 311.
Sincerely,
6z L
Don Cefalo
Senior Planner, City of Salem
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston—Northe Regional Office
RECEIVED
MITT ROMNEY JULd ELLEN ROY HERZFELDER
Governor L 14 r;�U3 J Secretary
KERRY HEALEY
Lieutenant Governor DEPT.OF PLANNING& EDWARD P.KUNCE
COMMUNITY DEVELOPMENT Acting Commissioner
DEP File# 064-0351
RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE: 7/9/2003 1:05 PM (city/town)
The Department of Environmental Protection has received a Notice of Intent filed in accordance with the
Wetlands Protection Act(M.G.L. c. 131, §40):
Applicant: City of Salem Owner:
City of Salem Parks & Recreation
Address: 93 Washington Street Address:
Salem, MA 01970
LOCUS: 24 Kemwood�Street
IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT:
A.SXZThis projecthas been assigned the'following file# : 064-0351
Although a:file#-1s being issued,please note the following:
C.()Other Regulatory Jurisdiction
1. Q Application has been forwarded to Waterways Regulatory Program to determine if a '
Chapter 91 License is required.
2. () Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers
for review(call 1-800-3,62-4367 for information).
D. Q 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water Quality Certification
from the Department of Environmental Protection and may require submittal of a 401 application
form. See below for further details:
1. Q Based upon the information submitted in and with your Notice of Intent a separate 401
Water Quality Certification application form is not required. The Department has reviewed
the plans submitted by the applicant and finds that there is reasonable assurance that the project or
activity will be conducted in a manner that will not violate the Massachusetts Surface Water
"Quality Standards provided that
a) the applicant receives and complies with a Final Order of Conditions from the local
.i , ,. ,
'cotiservation eominissi6i ror'the Department;
b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of bordering
vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of
land under water;
This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-5561171.
205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679
DEP on the Wodd Wide Web: http://www.mass.gov/dep
Printed on Recycled Paper
c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is
not part of a subdivision; does not cause the loss of any Wetlands designated as
d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act;
Outstanding Resource Waters; and does not cause the loss of any salt marsh.
Therefore,provided that the above conditions are satisfied,the Final Order of Conditions will serve as the
Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with
any other statutes or regulations.
2. O Before the activity described in the Notice of Intent can commence,you must obtain a Water
Quality Certification form from this Regional Office. Please complete the enclosed 401 Water
Quality Certification application form and file it with this Regional Office for review.
3. O Your project involves dredging of greater than 100 cubic yards of material or requires a
permit from the Federal Energy Regulatory Commission for work in "waters of the
Commonwealth." Therefore, your proposed project is subject to 314 CMR 9.00 and requires a
Water Quality Certification. Please complete the enclosed 401 Water Quality Certification
application form and rile it with the Department of Environmental Protection,Waterways
Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways
program at 617-292-5655 if you have and questions.
For more information please contact: Ms.JILL PROVENCAL at 978-661-7600.
Cc:
Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green
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Refurbishing and repairs to the pier structure will
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• :' � \ , •.,: �,, • ;�, THE CITY OF SALEM
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ia .•' I',i; ,• �:.•ra',. •` �t . . ` ; , '.;• , . PIER REFURBISHING
.:• ''� ,` .."�: ..;`; . ';, KERNWOOD MARINA
• ! SALEM, MASS._
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