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485 LAFAYETTE STREET - CONSERVATION COMMISSION (2) cgs ��-�-��-`� � ��,� I� �� 5 P�� - - - - �, � _ RDA Status Sheet y Address: 4A- �""�" � � S Date Submitted: Contact Name: Proposed activity: Phone: v� s4pplication Complete Correct Fee Received �Xegal Ad Sent Er�egal Ad Confirmed eOnline m Added to Agenda C-Agenda to Applicant Agent Comments to Commission Hearing Opened: 741-/4.Continued: Site Visit: ermit Sent to Applicant and DEP ' Confirmation of Delivery Added to database Notes: 1-1:\CON COMM\Administrative\project status sheet\RDA status sheet 2013-10-30.doc SENDDELIVERY ■ Complete items 1,2,and 3. A. Si natu� . ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D to of Delivery or on the front if space permits. S 1(q 1i�. Article Addressed to: � AI f - D. Is delivery address different from item 1?F 0 Y s If YES,enter delivery address below: ❑No 3. Service Type 0 Priority Mal 6yrese® II I'lllll IIII III I II II IIIIIIIII�I II II I II II III • u •AdultSI Mar Restricted Delivery 0 R�btered egMall Restricted ls 9590 9402 1660 6053 4637 25 D Certified Mal Restricted Delivery o Return Receipttor 0 collect on Delivery Meraendlee - - w:�ie nli,mhar fTM fer from SMICp label 0 Coiled on Delivery Restrlcred Delivery 0 Signature CoMmnaflon- -- ❑Insured MaMail ❑Signature Confirmation '7012 1640 0002 3 313 35541 ❑Insured l Restricted Delivery Restricted Delivery (over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS TRACFMIG# First-Class Mail . 1111111111111111111111111111111111 US Sge&FaesPaid Permit No.G-10 9590 9402 1660 6053 4637 25 United States •Sender:Please print your name,address,and ZIP+q®in this box- Postal Service Salem Conservation Commission 120 Washington Street, 3rd FI Salem, MA 01970 I'F 6CpNp�T`'� CITY OF SALEM CONSERVATION COMMISSION May 16, 2016 Don Morgan Marblehead Conservancy, Inc. 19 Wyman Road Marblehead, MA 01945 Re: Determination of Applicability—Lead Mills Conservation Area Planting Berm Dear Mr. Morgan: Enclosed,please find the enclosed determination of applicability for the above-referenced project. 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 Enclosure CC: DEP Northeast Regional Office Salem Park&Recreation Commission 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 Marblehead Conservancy, Inc. return key. Name Name 19 Wyman Road ped Mailing Address Mailing Address Marblehead MA 0 City/Town State Zipp Cod Code Citylrown State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Lead Mills Berm Location undated Title Date Title Date Title Date 2. Date Request Filed: 4/28/2016 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): Approximately 7' by 86', 30" high planting berm as described in April 28, 2016 Request for Determination. Project Location: 485 Lafayette Street(Lead Mills Conservation Area) Salem Street Address City/Town 31 237 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability•rev.12/14 Page 1 of 5 ' Massachusetts Department of Environmental Protection r Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and 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 doe•Determination of Applicability•rev.12/14 Page 2 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 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located,the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.Eoc-Determination of Applicability•rev.12114 Page 3 of 6 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.) ❑ 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 o Municipality Pursuant to a municipal wetlands rdinance or bylaw,. m Prod'-c.h(%A (n^Syva d r 0�1,l avt CJL_ C 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 Date Da 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/eea/agencies/massdep/abouttcontacts/) and the property owner ' different from the applicant). Signatures: i i Date wpaformldoc•Determination of Applicability•rev.12/14 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/eea/agencies/massdep/abouYcontacts/) 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. wpa(orm2.doe•Determination of Applicability-rev.12/14 Page 5 of 5 Massachusetts Department of Environmental Protection 1 � DEP File Number: Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b.Citylrown,Zip c.Check number d. Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do Cityrrown State Zip Code not use the return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245 (all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc-Request for Departmental Action Fee Transmittal Form•rev.IM4 Page 1 of 2 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: [ Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 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. wpaform2.doe-Request for Departmental Action Fee Transmittal Form•rev.12/14 Page 2 of 2 AD 27ASMITH EST MARBLEHEAD MA 01945-9998 2443350945 04/27/2016 (800)275-8777 3:25 PM Product Sale Final Description Qty Price First Class 1 $1.15 Mail Large Envelope (Domestic) (WILMINGTON, 01887) 1. (Weight:0 Lb 1.50 Oz) _ (/ (Expected Delivery Day) (Friday 04/29/2016) Total $1.15 Cash---- WWWWWWWWWWWWW%WWWWWWWWWWWWWWWWWWWWWWWW BRIGHTEN SOMEONE'S MAILBOX. Greeting cards available for purchase at select Post Offices. WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW%W In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. WWWWWWWWWWWWW%WWWWWWWWWWWWWWWWW%WWWWWW Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. WWWWWW%WWWWWWWWW%WWWWWWxWWWWWWWWWWW%WW All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business Today's Postal Service is hiring) Immediate openings available for City Carrier Assistants (CCA) in many locations nationwide! Apply today at www.usps.com/employment. HELP US SERVE YOU BETTER TELL. US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://postalexperience.com/Pos 840-5018-0178-001-00005-99320-02 orscan is code ith Yo mobile devi I sk i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem / 1 WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Marblehead Conservancy, Inc don.morgan@verizon.net computer, use only the tab key Name E-Mail Address to move your 19 Wyman Rd cursor-do not Mailing Address use the return Marblehead MA 01945 key. Cityrrown State Zip Code Phone eNumber3 none � Phone Number Fax Number(if applicable) 2. Representative(if any): Finn Contact Name E-Mail Address Mailing Address 0 r ,d w City/Town State Zip Code Ui (7 a. OJ Phone Number Fax Number(if applicable) 'o 0 N ce ` B. Determinations Q D 1. 1 request the Salem make the following determination(s). Check any that apply: w2 Conservation Commission O t ❑ 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 Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc page 1 of 4 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Salem � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Lead Mills, near Forest River Salem Street Address City/Town 31 237 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): A 7'wide by 86' long strip just behind the guard rail starting from 23'east of the Forest River running up to the first granite coumn at the entrance. c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): A berm containing about 40 cubic yards of topsoil has been developed at this site. While it is about 30"tall on April 26, 2016, the freshly dumped soil should compact down to about 18-20" in several months. It will be planted with the following native plants in order to form a visual screen during a several year process of converting most of the 5 acre Lead Mills property(Salem & Marblehead parcels)to a wildflower meadow. Bee Baum, Coreropsis, Golden Rod, Liatris, Purple Cone Flower,Aster, Fox Glove, Brown & Black Eyed Susan. Depending on availability we may need to replace a few. Most plugs have been purchased at New England Wetland Plants(Amherst, MA)and a few more will come from Northeast Nurseries, Kanes, and the Marblehead Garden Center. The beds will be mulched with salt marsh hay to 1)hold moisture, 2) control weeds and 3)control erosion. wpaforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1 - Request for Determination of Applicability CitylTown 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). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ 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 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded)supporting the classification above(use additional paper and/or attach appropriate documents, if necessary.) wpaforml.Eoc Page 3 of 4 V Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Patricia O'Brien Director Salem Recreation& Parks Department Name 5 Broad St. Mailing Address Salem City/Town MA 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. 4/27/2016 Signature of Applicant 0 Date Signature of Representative(if any) Date w aformi.tloe age 4 of 4 v Lead Mills Conservation Area At the South end of Salem Harbor consisting of land in Salem & Marblehead The . • Mills Property r ♦♦i lk m Pin lilt ocdAvenue N B..'R� ♦�F m oa�o � o me A♦ 6 � a ♦♦♦O�♦YysN�o'e PJ ,4•a, � whead Road y • M° •'•...... $aA • • • n�°•R� a � o� 9� yJry d � Ill i o tt�aR iL'tli 1..� I a a 9 �o�D PI ,atd d r B 9y c u\e R co a 114 �`ca0° c a 2P e �Jo e�� Robad Road @ 0 IA F 6i�ohs rr Sale Ft°a a Lead Mills Property Marblehead 8 Salem 1 e\\�as `�yoaa i '•ra„�eo q T t 0 O Leaf M®e LbN.liead 13S ecrte) 1 �\ �\\d Q Leatl MHa Salem 11.6 acral) �,,,,m�� 033 33w muNCP ACmaervallon Lead Mills RDA-Attachment 1 Lead Mills Berm Location IfiKMfl : " :� 0J. MI! w+�..s MlRb IC•Y�Oo FGBI tsar�.q�.w wsTR T W1. qa Wi r LI' WAIS I&W 00131 ADIS Yw/ M' SIR wq + 114q IR 1l�i4•Y�4!:l.R ifs- r;fi«i "�;y+'� fpr j-+ aaw,Rw- D n "n �' � � q►fn +�el r� a'wTw ♦•m:� lv4 ! ""'r'- <..IeRM.F-+ ZR"R!`Jy,�...�Q+Tnss^'*�"'` 1 �+• ^ Yasfo!'•t71P!F is M• IAF Q9IL$.$ '� .� • s . ien+q R.r it w.u. i1.rT.. 3 vaeF� w iuraen.0MW ;. 1 ►oltitW w�� 'Ap; '"' "" q'Vql�i•., N IR I 4S/rA �'. waROf AlgM q� N .FY177AS'F. .I iw • 11 F� f� M1w •.w.qyW y.11 ` W10`FY a .WF a NAA.tw ' .agViA�IRlq u• AM wsq ..�e w,.�tw.. y��1 � + •ww. v e � p.M W i! wt RR ♦W � �1 � !� `� F RW41S O•M.�i.q.1 l+A"1gJ1• , �� qF iq '� � �...... •, R V' aa r a s* 147Mb R 1.111b • •w+r V� KN, iMOvwc *6fA!I4 .r :+ X31 ava , �a Y � .r nt•..„dvw I.gn.ffm '�� GMYWIJ Ms./uF1.wii v . �� ya L . op'. rMFf.LL N.r - RFI' lgwsns�� '� 'rgfi{ i�71 CI Ni 06 j/m YlR A�.IIq•Q..V �q•Y %Aw%IV Y w w, ft*,.w . �'� gYA93iEfl�' t. c 1c _ dit 1 kw%tflv. .rte w a.1 WOAKN It wacvs' R�t1 fp.gr Leaf Mills Rp Lead Mills Berm Lead Mills y,a y4CH'S+� e4 D' Attachment 3 r5grrge 3 a� CITY OF SALEM 9 CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for the Marblehead Conservancy,Inc., 19 Wyman Rd,Marblehead MA. Purpose of hearing is to discuss construction of a planting berm and associated activities at the Lead Mills Conservation Area (485 Lafayette St, Salem) within an area subject to the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection & Conservation Ordinance. Hearing will be 5/12/16 at 6:30pm in City Hall Annex, 3`d floor conference room, 120 Washington St. Salem News publication date: May 5, 2016