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70 LEAVITT STREET - CONSERVATION COMMISSION 79 't�- �� CITY OF SALEM CONSERVATION COMMISSION October 13, 2017 Larry Robertie Palmer's Cove Yacht Club 78 Leavitt Street Salem, MA 01970 Re: Amended Order of Conditions—DEP#64-609—Palmer's Cove Yacht Club Dear Mr. Strasnick: Enclosed, please find the amended Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and attachments must be recorded at the South Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, MA). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order,prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File# 64-609 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sinwely, Ashley Green Conservation Agent Enclosures CC: DEP Northeast Regional Office Luke Fabbri Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown A. General Information Please note: Salem this form has t. From: been modified Conservation Commission with added 2. This issuance is for space to a. ❑Order of Conditions b..®Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: .Applicant: Requirements Larry Robertie Important: a. First Name b.Last Name When filling Palmer's Cove Yacht Club out fors on c.Organization the 78 Leavitt Street computer, use only the d. Mailing Address tab key to Salem MA 01970 move your e.City/rown I.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): rrettlu�rnn kkeey�. �-� a.First Name b.Last Name rFA c Organization 9m d.Mailing Address e.City/rown f.Stale g.Zip Code 5. Project Location: 78 Leavitt Street Salem a.Street Address b.Cityfrown 34 449 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: d m s d m s d.Latitude e.Longitude wpsfonn doc• rev.6116/2015 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-609 I� WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex 99115 a.County b.Certificate Number(if registered land) c.Book d.Page 7. Dates: 9/26/2017 10/12/2017 10/13/2017 a.Dale Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): See attached a.Plan Title b. Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date B. Findings t. 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(the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. I wyeform5.dm• rev.6/16/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not 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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.dy dredged f.ciy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.d=• rev.6/16/2015 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cily/rown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 217112 217112 Ocean a.square feet b.square feet 25000 25000 c.dy dredged d.dy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 2292 2292 cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. El Coastal Dunes cu yd cu yd a.square feet bsquare feet c.nourishment d.nourishment 15. El Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feel 16. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.Gy dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ® Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 25000 25000 a.Gly dredged b.dy dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Rivertront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet -h.square feet i.square feet j.square feet wpaformSAx• rev.6116/2015 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands. 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town B. Findings (cont.) projectl is the 23. ElRestoration/Enhancement': the purpose of restoring or .square feet of BV W enhancing a as q b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (B\/W)(or S B.17.c(Salt The following conditions are only applicable to Approved projects. Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional re ulator measures, shall be deemed cause to revoke or modify this Order. 9 Y amount here. 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. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 1/15/2019 unless extended in writing by the Department. 7. 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. Mafomi&. - rev.6/16/2015 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem CiVTown C. General Conditions Under Massachusetts Wetlands Protection Act 8. 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. 9. 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 the 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. 10. 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, "MassDEP"j "File Number 64-609 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. v abrm&dw- rev.6/16/2015 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem city/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. 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. 18. 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. 19. The work associated with this Order(the"Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2)® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specked in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpafw.5.doc• rev.6/16/2015 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem city/rom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: L)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(9 through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.611612015 Page 8 M 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cityrrom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. vvWo m5.dx• rev.6116Y2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation 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. b. ®that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c.50 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance. vvpaform5.dm• rev.6116/2015 Page 10 of 12 I Massachusetts Department of Environmental Protect Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special [0113114- condition 'D 1,3 1}condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. A S This Order must be signed by a majority of the Conservation Commission.- Nu ter of Signers The Order must be mailed by certified mail(return receipt requested)or han delivere to a applicant.A copy also must be mailed or hand delivered at the same time to the app opri to pa me t of Environmental Prot tion Regional Office, if not filing electronically,and h p n r,if different from applicant. SignaturesLI : n ❑ by hand delivery on R Dy certified mail, return receipt requested,fn 103�1� Date Date F. 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 MassDEP 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 Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpaform&dDC• rev.6/16/2015 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cityrrown G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------ To: Conservation Commission - Please be advised that the Order of Conditions for the Project at: Project Location MassDEP 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 wpafo.5.d=• rev.6/1 612 01 5 Page 12 of 12 I1 Massachusetts 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 A. Request Information 1. Location of Project a.Street Address b.City/Town,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 not use the State Zip Code return key. Phone Number Fax Number(if applicable) Q3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions(Form 5A), or Notice of Non-Significance(Form 6)): Name Mailing Address Cityfrown 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 wpefw 5.dw- rev.4122/2015 Pelle 1 of 2 Massachusetts 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.) Send this form and check or money order, payable to the Commonwealth of Massachusetts,to: Department of Environmental Protection Box 4062 Boston, MA 02211 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. wyafwm5.d=• rev.4/22/2015 Page 2 of 2 I. Attachment to Order of Conditions # 64-609 Page 1 of 6 ATTACHMENT TO AMENDED ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-609 Palmer's Cove Yacht Club 78 Leavitt Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (1/7/2016, online) from Natural Heritage& Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any vernal pools. This Order permits maintenance dredging and retention of previously unpennitted structures per approved 11/24/2015 Notice of Intent,approved plans,and the following conditions. AMENDED ORDER This Order is amended per September 26,2017 request approved at the October 12,2017 meeting of the Salem Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 6 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 50. _ 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site,a DEP Sign showing DEP File#64-609 must be installed at the entrance to the site and seen from the public way,but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. NAttachment to Order of Conditions# 64-609 Page 2 of 6 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. 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. 9. 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 Corps 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 in 314 CMR 9.00. (3) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. 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. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following plans.Where the originally approved and amended plans conflict,the amended plans shall rule. Amended Plans Maintenance Dredging- Palmer Cove(sheets 1-14) (Title) 6/23/17 (Dated) Robert H.Griffin (Signed and Stamped by) City of Salem Conservation Commission (On file with) DEP File No. 64-609, Request for Amendment, Palmer's Cove Yacht Club (including all material therein) Attachment to Order of Conditions # 64-609 Page 3 of 6 °, (Title) 9/26/17 (Dated) Robert H. Griffin (Signed and Stamped by) City of Salem Conservation Commission (Onfde with) Originally Approved Plans Palmer Cove Yacht Club, Inc, 74 Leavitt Street, Salem, MA (figures 2-4) (Title) 11/23/15 (Dated) Robert H. Griffin (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. 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 statement signed 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. 17. [Reserved]. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978)619-5685 at least forty-eight(48)hours prior to construction to arrange for the Pre- Construction Meeting. 19. 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 Attachment to Order of Conditions # 64-609 Page 4 of 6 Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project;the Commission or its Agent may require additional measures. 23. 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. 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through straw bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)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. 28. If soils are to be disturbed for longer than two(2)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 surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 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 river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. i Rs, Attachment to Order of Conditions # 64-609 Page 5 of 6 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby 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 21 A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. 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. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. Attachment to Order of Conditions # 64609 Page 6 of 6 ADDITIONAL CONDITIONS 43. The project shall be completed in accordance with all commitments made in 1/7/2016 letter"RE: Palmers Cove Dredge Project'from Luke Fabbri to the Salem Conservation Commission. 44. A turbidity curtain shall be utilized during all dredging activity. CITY OF SALEM \ _ CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for Larry Robertie of Palmer's Cove Yacht Club Inc, 78 Leavitt St, Salem MA. Purpose of hearing is to discuss proposed amendment to Order of Conditions (DEP #64-609)permitting the maintenance dredging and retention of previously unpermitted structures at Palmer's Cove Yacht Club at738-Leavitt St within an area subject to the Wetlands Protection Act, MGL c.131§40 and Salem Wetlands Protection& Conservation Ordinance. Proposed- changes include reduction in dredging footprint and 28 additional 5-ft extensions to existing finger piers. Hearing will be held_-10/12/17 at 6:30pm in the City Hall Annex, 3rd floor conference room, 120 Washington Street. Salem News publication date: October 5, 2017 Please invoice: Account#10039968 — Luke Fabbri Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 978-594-1376 U5P$ ?c G#I First-Class Mail s' IIII IIII Postage&Fees Paid I II I I III �III[{tl VIII PUSPS ermit No.G-10 9590 9402 3271 7196 0030 63 I United States •Sender:Please print your name,address,and ZIP+q®in this box- Postal Service I Salem Conservation Commission 120 Washington Street, 3rd F_1 . Salem, MA 01970 I Pc — ko Got lyyym td 60C I II L SENDER: COMPLETE THIS SECTION COMPLETE THI' SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. ig au ■ Print your name and address on the reversex 13Agent so that we can return the card to you. 0 Addressee ■ Attach this Card to the back of the mailpiece, ed by nted )/ C. Date of Delivery or on the front if space permits. 1 - 7 1 1. Article Addressed to: D. Is delivery address different from item 11 0 Yes 1 n V r, y,.,1,-,i _ f PSI h is If YES,enter delivery address below: ❑No CW�aat sl�[e`4ul Mr14 aia-to OCT 23 2017 1 III'lll illi lull lull 111 1I lllllll111 lull o AAdddui Sig,�Z�i�g�TFeENI a ty�IMERereMc[ed 9590 9402 3271 7196 0030 63 rY ul;ffed Mail® Delivery ❑Cued Mail Restricted Delivery 0 Retum Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature Conflmatlon^^ ❑Insured Mall0 Signature Confirmation 7 017 14 5 0 0 0 01 5 9 3 6 8 5 7 7 0 Insured Mail Restricted Delivery Restricted Delivery (over$500)v41 PS Form 3811,July 2015 PSN 7530-02-000-9053 f. Domestic Return Receipt a . GFSGEOLOGICAL FIELD SERVICES, INC. September 26, 2017 Salem Conservation Commission Ms. Ashley Green, Agent 93 Washington Street Salem,MA 01970 'RE: Palmer's Cove Yacht Club 74 Leavitt Street - Salem,MA 01-970 -_ - Dear Ms. Green: — =- k In December 2015, the Palmer's Cove Yacht Club (PCYC) filed a Notice of Intent(NOI) for a project that consisted of Maintenance Dredging,Application for Reconfiguration Zone and a Request to Retain Unpermitted Structures. The Salem Conservation Commission issued an Order of Conditions in January 2016. Since that time the PCYC has been moving through the permitting process with the state and federal agencies. Based on comments received through the permitting process there have been several changes to the original NOI, some of which warrant a request for an amended Order of Conditions (Order). A copy of the amended project narrative and 14-page plan sett that was submitted to MADEP and the Army Corps is attached. Changes to Dredging Footprint In response to comments made by the Division of Marine Fisheries (DMF) during the NOI process,the dredge footprint was reduced from by 288,840 ftZ to 219,400 ft2 by reducing the channel area from 68,525 ftZ to 17,200 ftz and the intertidal area by 823 W. In addition,the Dinghy Tie and Dinghy Rack piers were rotated out to reduce impacts to the intertidal zone. These changes were shown on the February 2016 response to the DMF that was provided to the Commission and are reflected on the attached 14-page plan set. These changes have been previously presented to the Commission and to MEPA during the ENF. On their own, these changes do not require an amended Order. However, to ensure that the permitting record is . complete we present these changes in this amended NOI and request that they be accepted as part of an amended Order. Changes to Structures to be Permitted The NOI included a"Request to Retain Unpermitted Structures". This was changed to a "Request to Expand Licensed Structures." In the MADEP and Army Corps applications,the "Request to Expand Licensed Structures" encompassed all of the unpermitted structures including existing structures to be retained and proposed new piles and floats in the 2015 NOI, plus (28) five-foot extensions to existing finger piers. The proposed finger pier extensions added 355 square feet as shown on the attached 14-page plan set and summary table. In the MEPA ENF there were(18) ten-foot finger pier extensions with a slightly greater number of square feet. The finger pier extensions were added to the plans because all of the floats and piles have to be removed to dredge. When the marina is put back together PCYC would like to extend certain 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978)594-1376 ' r GFSGEOLOGICAL FIELD SERVICES, INC. finger piers where there are longer boats to allow for more secure tie-ups and access. The exact locations of the finger pier extensions are shown on the attached plan set. PCYC requests to amend their Order of Conditions to include these extensions. Please be advised that notice of the amended NOI has been sent to all abutters listed on the Abutters List provided by the Salem Assessors. Thank you very much for your time. Sincerely, - GEOLOGICAL FIELD SERVICES, INC. Luke Fabbri . President 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978) 594-1376 Massachusetts Department of Environmental Protection Provided by MassDEP + t Bureau of Resource Protection - Wetlands x r.MassDEP File,Number > WPA Form 3 - Notice of Intent Document Transaction Number e Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ..._ City/Town - Important: When filing out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 74 Leavitt Street Salem 01970 cursor-do not use the return a.Street Address b.Cityfrown c.Zip Code key. 42 30 49.5 70 53 13.32 Latitude and Longitude: d. Latitude e.Longitude 34/0449 34/0449 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant. Larry Robertie a. First Name b. Last Name Note: Palmer's Cove Yacht Club, Inc. Before c.Organization completing this 78 Leavitt Street form consult your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner a.First Name b. Last Name c.Organization d.Street Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number j.Email address 4. Representative (if any): Luke Fabbri a. First Name b.Last Name Geological Field Services, Inc. c.Company 14 Hubon Street d.Street Address - Salem MA 01970 e.City/rown f.State g.Zip Code 978 594-1376 lafabbri.gfs@hotmail.com h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev.4/22/2015 Page 1 of 9 Massachusetts Department of Environmental Protection Provided by MassbEP Bureau of Resource Protection - Wetlands MassDEP File Nber 5= T umuii x WPA Form 3 - Notice of Intent ' Document Transaction Number s ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Citylfown A. General Information (continued) 6. General Project Description: Maintenance dredging of approximately 25,000 cubic yards from an approximate 219,400 square foot area in preexisting footprint established over three previous dredging projects at the Palmer Cove Yacht Club in Salem, MA. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Commercial/Industrial 4. ❑ Dock/Pier 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture (e.g., cranberries, forestry) S. ❑ Transportation 9. ® Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project(including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Essex 99115 a.County b.Certificate#(if registered land) c. Book - d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below.Attach narrative and any supporting documentation describing 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. wpafonn3.doc•rev.4/22/2015 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by Mais;DEP t Bureau of Resource Protection - Wetlands �Ma§SDS—EP File Number a;.,Y S WPA Form 3 - Notice of Intent (r -Document Transaction Number.' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects a. ❑ Bank 1.linear feet 2. linear feet affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland 1.square feet 2.square feet please attach a narrative c. ❑ Land Under 1.square feet 2.square feet explaining how Waterbodies and the resource Waterways area was 3.cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) -specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc•rev.4/22/2015 Page 3 of 9 Massachusetts Department of Environmental Protection Prov died by MayssDEP• Bureau of Resource Protection - Wetlands x MassDEP File Number Ll WPA Form 3 - Notice of Intent * ` Document Transaction Number4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing 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. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your 217,112 receipt page) b. ® Land Under the Ocean with all 1.square feet supplementary 25,000 information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ® Coastal Beaches 2'292 1,square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ® Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 25,000 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b. number of replacement stream crossings wpaform3.doc•rev.4/22/2015 Page 4 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP ,. „< Bureau of Resource Protection - Wetlands t MassDEP File Number " ' WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 " Document Transaction Number Salem City/Town C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent— Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI EST HAB/viewer.htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife October 2008 1 Rabbit Hill Road b.Date of map Westborough, MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI). OR complete Section CA J, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work (a)❑ Project description (including description of impacts outside of wetland resource area& bufferzone) (b) ❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see htt ://www.mass. ov/eea/a encies/df /diw/natural-herita a/re ulato -review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetla L Protection Act. MESA projects may not be segmented (321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev.4/22/2015 Page 5 of 9 Massachusetts Department of Environmental Protection Proided by MassbEP ," Ll Bureau of Resource Protection - Wetlands � ,MassDEP File Number j+ �Fn WPA Form 3 - Notice of Intent s.Document Tra_nsactio_n Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem" City/rown C. Other Applicable Standards and Requirements (cont'd) (c)❑ MESA filing fee (fee information available at http://www.mass.goy/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts- NHESP"and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1.❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.qov/dfwele/dfw/nhesp/requlatory review/mesa/mesa exemptions.htm, the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a. NHESP Tracking# b.Date submitted to NHESP 3.❑ Separate MESA review completed. Include copy of NHESP "no Take' determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b. ® Yes ❑ No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore-Cohasset to Rhode Island border, and North Shore-Hull to New Hampshire border: the Cape& Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Email: DMF.EnvReview-South(d)state.ma.us Email: DMF.EnvReview-North(Wstate.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. wpaform3.doc•rev.4/22/2015 Page 6 of 9 Provided by MassDEP Massachusetts Department of Environmental Protection < . Bureau of Resource Protection - Wetlands i ' MassDEP File Number WPA Form 3 - Notice of Intent � � Document Transaction Number-i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes 9 No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1.❑ Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.❑ No. Check why the project is exempt: 1.❑ Single-family house 2. ❑ Emergency road repair 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent—Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or ether mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc•rev.4/22/2015 Page 7 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP 9 ' Bureau of Resource Protection - Wetlands �- MassDEP File Number •;,;: .- WPA Form 3 - Notice of Intent I -Document Transaction mb Nuer', Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 `saiem .__ ..'.r City/Town D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOL Site Plan Maintenance Dredging & Site Plan Floats & Piles Install 1 of 14 a.Plan Title Griffin Engineering Group Robert Griffin b. Prepared By c.Signed and Stamped by 6/23/2017 1"=60' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ❑ Attach NO] Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 2.Municipal Check Number 3.Check date 4.State Check Number 5.Check date 6. Payor name on check:First Name 7. Payor name on check:Last Name wpaform3.doc•rev.4/22/2015 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of IntentrF -i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem vyW cityrrown F. 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 1.Signature of Applicant 2.Date 3' Sig of op e Owner if different) 4. Date ��Aa6ll 277 ignature of Repr 4 entative(d any) 66.Dat For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) 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. wpaform3.doc•rev.4/22/2015 Page 9 of 9 Ic } J„ .til i•+y omrrso - . . s, t ,, • Sa m Terminrf nl� ,f y C B iy /,�1aJ1g31 We Folger Point Sdh' ` � -'t, � ... i sem..,,,,..-� '• s t ! LIJ r f��+l�,l4t\ f f , rt ' b SITE r y r r \ i . �• .. H�RBOR\ 1: L if �, ,+ w[[ S �• .,Palmer �' '� � ��, j :� 1. rs f ` 1 / III }•r� � �s,ROist. _ =�-.-- ' �°�-" I r` y ' S Park t r PickerifhgPoin 0. z . Golt Course'. � �;� `• � � o � rtes s: ♦ Coufili } \, may° SA EM i y , IiA(t OR �µ.�„ / • ��� `Si t!Ji°i. �''-`.-z 1 �� ~ , / 'C � �� j ry '•\��1� ... ���� ��� '... � .�fl SHEET INDEX: VICINITY MAP o = 1) MAINTENANCE DREDGING: SHEETS 2-11 REF: USGS MAP 2) FLOATS &PILES INSTALL: SHEETS 12-14 DATUM: VICINITY MAP AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL=11.0 MAINTENANCE DREDGING COUNTY:ESSEX PALMER COVE APPLICATION BY: PALMER COVE YACHT CLUB, INC 0 7501,500 3,000 74 LEAVITT STREET SCALE 1"= 1,500' SALEM,MA JUNE 2097 SHEET 1 OF 14 OVERALL SITE LAYOUT & AT:SALEM HARBOR 4tj SHEET INDEX COUNTY:ESSEX JOHN N/F APPLICATION BY: c q & LF �,� MAINTENANCE DREDGING PALMER COVE YACHT CLUB,INC ��NO qNN q b>7 a2 PALMER COVE 74 LEAVITT STREET N/F FR f l #72 3pRe fr JUNE 2017 SHEET 2 OF 14 SALEM,MA MUNCHKIN REALTY TRUST DATUM: 78 LEAVITT ST. MLW=0.0 MHW=9.0 HTL=11.0 BIT. PALMER COVE N/F CONC. � YACHT CLUB STEVEN LLOYD KENT N/F 0 60 120 240 ` #78 �-� SHETLAND TRUST i a SCALE 1"= 120' / ROBERT I. LAPPIN, TR. DE NOTES: A / 1. SEE SHEET 7 FOR SHEET 3 SHEET 5 NOTES & REFERENCES &LEGEND. NOW OR ,7 4. FLOATS & PILES FORMERLY CITY " "ML.w N ¢ q PERMITTED UNDER ` OF SALEM 1�� \ A CH. 91 LICENSE 1 F p \ r- m .� 5 o ♦\ ` � '�� #749 & #2559 �o ROBERT �n PARTY + GRIFFI LANE - H. ..m-I Z D al18 \ y y✓y APpROX. MN 668 N Q r �! ;d o BENCHMARK DRILL HOLE A U ST EET I N, 6.13.17 EL. 14.26 r- SEE NOTE #8 ON SHEET 6. ,i oo r i FLOOD 0+00 1+0 , N o g+00 4+OOLm 5+00 6+00 7+00 8+00 ® �j D 2+00 o I �y SALEM ` m r Lo HARBOR ® EBB — m PERMANENT USE o, y r / r MAIONT ENANCE EASEMENT (SEE Z I y Q o NOTE 6&7 ON I z DREDGE SHEET 6) SHEET 4 I m wP FOOTPRINT o� SHEET 6 (219,400± SF) d —, + 0 -PADC. \ PROPOSED p \ 4' WIDEMAINTENANCE 1GANGWAY 5' WIDE DREDGE g� ROBERT �9c A� GANGWAY FOOTPRINT APPROX. N, w 3. 7 6 RIP-RAP RIFFIN r w 0 0 3-8'x20' ;:,j ~ �__ � EMBANKM 0 \ ;c2 9 I i•p Fi 0 \ FLOATS 1-2 ��� oA �\U\ (o•tr.�� F 3 '2 4 2 S+1 4 I O'S 2 4 6 D1Nry R �.'�,�0 3 `� 3 +p I : 2. 2 -/-09 { 0 4. 9 TRAVEL 6 4 S \ ACK 2 p:g 12. 6 FLOATS 6 LIFT 4' 1 4, 4 \ O/NGY tle UP p £ ' 1 g a. � l 42 (TYP) 6. 7 6, 9 6 6• 6. 1 5 5-4 \4.5 8 8 p .0 �I a 6 SOUNDING \\ S �, S ° 8 + 9 I g " 9 (TYP) 6 \ 4 0 9 51 5 1 6' 4 6' 6 6 6 6. 6. 6_ -6 g 0\ 6 9 9 41 FIBERGLASS 6 1 l FINGER \\6 5 0 5 2. 9 ,D I 5. p PILE (NP) FLOAT (TYP) \ p6. •8 7. 4 S � 6 8 1 a g SALEM 1 II �= 1 8 r{� I 4, 2 Z 5 6 \\ HARBOR *: 11 3. 1 ti PARTY LANE 585. 8 \\ 6. 0 6. 0 5D' o S' 7 OI 22 � � l+ SJSg \\ p s I 2 0 +1JI 6 p \ 3, 3 5, 6 6 626.2\l. 5 95 . 7 6 = q 83 S S 8 . 6 7 6. 1 S. 1 6.2 6. 0 6. 1 6 0 0 6 0 6 2 i 5. 8 5. p 2. 0 1 5, WOOD DREDGE TO SEE NOTE 6 & f 1 63 8 ° 2 PILE (TYP) EL. 8.0 7 ON SHEET 6 I 5 1 6 6q p 5' 1 5.8 S. 6 BELOW M.L.W. 6 6 6 6 6 �6, 9 7 7 3 61. .g 6, S 6 t +1. 7 g. a 5, 1 6 1 2 2 2 I DREDGE y 8 I 7- 6 5'2 5 6 5' 5 9 6 2 636 2 8. 1 J 76 36 5 6 6 6 9 �`2 0 6 8 6. BELOW 8. I �. s MATCH LINE SHEET 4 DATUM: SITE PLAN AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL= 11.0 COUNTY:ESSEX NOTES: MAINTENANCE DREDGING APPLICATION BY: 1. SEE SHEET 7 FOR NOTES& PALMER COVE PALMER COVE YACHT CLUB,INC REFERENCES&LEGEND. 0 20 40 80 74 LEAVITT STREET SCALE 1" =40' JUNE 2017 SHEET 3 OF 14 SALEM,MA NOTES: DATUM: SITE PLAN AT:SALEM HARBOR 1. SEE SHEET 7 FOR NOTES& MLW=0.0 MHW=9.0 HTL=11.0 COUNTY:ESSEX MAINTENANCE DREDGING APPLICATION BY: REFERENCES R LEGEND. PALMER COVE YACHT CLUB,INC 0 20 40 80 PALMER COVE 74 LEAVITT STREET MATCH LINE SHEET 3 SCALE 1"=40' JUNE 2017 SHEET 4 OF 14 SALEM,MA 7.9 f7 8 71 6 FLOATS FINGER 1 0 1 1 8 : 71 4 4 5 2 FLOAT (TYP) i E 14 +7 9 71 2 4. 1 3 4 (TYP) m 8f 1.9 �: I 2 MIDDLE STREET w �= 4.5 FIBER WOOD = 6"7,8 I' . 4 4 r GLASS Sy 7 8 I .4 8 PILE 6'2 6, 2 PILE 5 8 5.1 S. 8 8 co 7 .3 5. 0 (TYP) 6. 0 6. 6.2 (TYP) 5. 8 5. 9 4-7.9 1i2 58 7 6, 3 S9 SI 7 U 6 = F2. 0 - I 2, 7 4. 9 n 5. 2 6, 3 6" 0 I9 6' 7 a x : I 2 3 4' y r 5. 6 6 7 0 5 5. 9 6.10 6. 7 2. 1 � 5. g 5 4. 7 9 _ 1 2, 4 S, G S 6 S 6. 6 9 6"p 6.2 x +/ : I 2 S m 5, 5 DREDGE TO 6 2 6. 0 I D 3 7.6 = 1 2' g 5 3 5, BELOW M.L.W. 8 6' 0 617 6. ,33 CA 3 8* : I '32 5 5 60 SEE NOTE 6 6 0 1 6 3 76 : I 3 5 0 5"8 5' 8 er & 7ONJ 7 62 a X7'6 . 1 3 2 5 3 SALEM 5 8 5 9 5. c o SHEET 6 6. 0 , 7 2 z I 2 HARBOR ' 6. 6. 7 '4 1 1 1 S S S V o 0 8 .� 2. 8 6, 0 8 S 9 c SOUNDING1 �. {3 0x1 2� 2. 8 S 1 6 0 6. 0 (TYP) 6' 7 2 6 2 9 6 2s i3 � � 21 m 49 6.2 60 m '' J 0 x1.21 7 8 4 PROPOSED R 5, ° 2 �`� ROJe�t19�9i 9 x4 I = 7 MAINTENANCE `. 0 9 6 0 4, 6 DREDGE 6.2 5 - GRI74 7 � -1-4 1 +1 7 3 z FOOTPRINT 6. 0 5 5 O #3sqjL 9 � 7 0 � S 6 +4 0 +7 �: 0. 7 5. 8 . 4 5 +q 7 O S 3 43 84 4a 3 a S 4 q 5 fi 4 2 4 -c' -2a•q� 5 3IV 5 3 2 . 44. 84. 2 c 4 4. 34. 2 y V V-77-7711 NOTES: r/ MAINTENANCE 1. SEE SHEET 7 FOR NOTES& x cj0 ` DREDGE LAYOUT REFERENCES &LEGEND. o`' RoaeRr 9ny 325. SCALE: 1" = 150' g H m 131 f � GRIFFIN � CIVIL y 120± #36686 PROPOSED MAINTENANCE DREDGE 10 FOOTPRINT (o•2z•t� v APPROX. v MARINE BASIN AREA 128 90• RIP—RAP U 202,200± SF e EMBANKMENT 199' ACCESS CHANNEL O ;Q 3 DREDGE AREA 145' L 0 5 \ � 17,200± SF 90• 2. 3 -f-0. `90• 1�0� 115 's HJ r I^ 411' I w 7 w 9 0 w S_ 0 0 1 5, 44 7 r� v S S ,0 0. 7 PRO OP SED '44'o a 5,3 0 6 . 0, 7 MAINTENANCE Myly X, 2 0 �T 0 2 DREDGE 5 8 55 0'y 0. 7 0. 6 FOOTPRINT S �'Y 0. 6 0.. 8 0 1 � 6 5' 3 7'0 0 0. 9 DREDGE TOS. 0 1 1 3 0, q i U EL. 8.0 4 4 11, '01. 1 1 2 8 6, ,BELOW M.L.W.5. 9 7 9 7 7 7 4 11 4 3 1 6 1 7 2 7 5 7 6 5 0 i.6 0 MATCH LINE SHEET 6 DATUM: VICINITY MAP AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL=11.0 COUNTY: ESSEX MAINTENANCE DREDGING APPLICATION BY: PALMER COVE PALMER COVE YACHT CLUB, INC 0 20 40 80 74 LEAVITT STREET SCALE 1" =40' JUNE 2017 SHEET 5 OF 14 SALEM,MA NOTES: DATUM: VICINITY MAP AT:SALEM HARBOR 1. SEE SHEET 7 FOR NOTES& MLW=0.0 MHW=9.0 HTL=11.0 COUNTY:ESSEX REFERENCES &LEGEND. MAINTENANCE DREDGING APPLICATION BY: 0 20 40 80 PALMER COVE PALMER COVE YACHT CLUB,INC 74 SCALE 1" =40' JUNE 2017 SHEET 6 OF 14 SA EM,IASTREET MATCH LINE SHEET 5 6.5 6 2 3, 2. 9 3 2 3 1~ `'S 3. 6 3 J 3 6 6 6 5 7 4.5 5 >4 8 4. p S 46 4. 2 1 6 6. 7 5. 6 3S 6.2 2 5. 5 5. 8 r 0 66 6. g 6 "� 6, 8 6'8 6. 6 6 8 8. 6 6 9 6�, 6 sg 0 7_ >.2 >. 7 FIBER' 6 9 r 213 GLASS > 70 > > 4 >. p 3 4 >. 4 >, 5 PILE 6 > ? 7 > 4 > 3> 3 > Q � 3 > 4 �. 4 >' 3 5 > 4 3 > > 6 (TYP) 6 >_ 1 2 > ; > 3 7 S >. a 7, 5 > l 5 > 4 1 WOOD 6 > 0 > 2 > 3 > 4 DREDGE TO 2 > 4 >, 5 > > 8 7 PILE 6, 8 0 >, 1 7 , >.2 EL. 8.0 3 > 6 7. 6 2 X , 6. 9 > BELOW M.L. W 6 8 > 6 ) 6. > 6. 9 > 1 0 . 7 > 7 6 6. 4 >. D > FINGER 6 6 8 > O SALEM 6,9 6 g 9 3 6, 4 6. > > 3 7 3 OE FLOAT 6 0 HARBOR 6. 1 6 4 6, 4 6 ` 0 z (TYP) 6 5 6, 6 >, 0 6, > 6 5 6 6 6 2 6 7 4 6 8 6 W) n 6. 4 6. 5 6 8 5 B 1 S c 6 5 8 = z 6. 4 6 6 5 S,5 4 5. 7 3 3. 4 > SOUNDING 6s 9 6 2 4. 6 S 7 . 3 4, 4 3 3 (TYP)-�6.5 6 4 6 5 2 0 2 2.2 2 4 2 0 2. 5 2 8 2. 7 2. 2 . ,1 2 7 2 2. 7 2, 2 3 2. 01 6.2 6, 0 2 3 2.2 9 i o 2, n < p FLOATS 6 6. 7 6, 0 2 2,2 2, 0 { PROPOSED 2 3 2 7, TYP 3 6 2 > MAINTENANCE ' 2 9 ) 6. 3 5' 7 5 s>� 2. 7 7 8 1.9 7 DREDGE 7 5 9 5 7.8 7.9 FOOTPRINT J ' s 9 9 5 9 QtP 7 .8 7 .8 1 > 7 . > f .8 ROBERT �s 0 7 i c 6. 4 6 7 9 8 1,6 7.8 8 o GRIFFINy 4 5'05. 7 5.8 6. 1 S' 7 1 7 1 .8 7. 6 9 u #36686 CIVIL 5 8 5 4 1-4x4, S 7 8 1 ,8 5 2 1 FLOAT 7 , 7 7 8 2. 7 0 5. S, 5. 1 4_ g 4. 4. 1 2. 1 7.8 7 .8 1"9 7'9 G•23•!? 1 7 3 . 7 2 NOTES & REFERENCES: 9. HYDROGRAPHIC SURVEY BY STEELE ASSOCIATES 1. SEE SHEET 14 FOR PILE& FLOAT TABLE. MARINE CONSULTANTS, LLC. THE HYDROGRAPHIC SURVEY REPRESENTS CONDITIONS EXISTING ON 07/13/15 2. PROPOSED HARBOR IMPROVEMENTS AND MAY NOT BE REPRESENTATIVE OF CONDITIONS ON MAINTENANCE DREDGING PLAN BY DEP QUALITY OTHER DATES. ENGINEERING DATED JULY 1980 10. SINGLE BEAM BATHYMETRIC DATA COLLECTED USING 3. CH91. WATERWAY LICENSE NO.5447 SURVEY VESSEL HAYDEN JANE, AN ODOM ECHOTRACH APPROVED OCTOBER 15, 1968 FOR SHETLAND 200KHZ SONAR,A CODA F175 IMU, A TRIMBLE SPS855 PROPERTIES TO CONSTRUCT A STONE DYKE AND RTK GPS POSITIONING SYSTEM WITH MTS PLACE SOLID FILL IN TIDE WATERS OF SALEM CORRECTIONS, A DIGIBAR S, AND HYPACK 2014 FOR HARBOR BY JAMES RYAN (ESRD PLAN 237 OF DATA ACQUISITION AND PROCESSING. 1969). 11. SOUNDING ELEVATIONS ARE NEGATIVE (FEET BELOW 4. PROPOSED DREDGING PALMER COVE BY DPW 0.0 MLW DATUM)UNLESS NOTED AS POSITIVE. OF MASS-DIV. OF WATERWAYS DATED OCTOBER 1946. 12. THIS PLAN IS NOT TO BE USED TO DETERMINE EXACT PROPERTY LINES. 5. CH. 91 WATERWAYS LICENSE NO. 749 APPROVED AUGUST 21, 1981 TO MAINTAIN WALLS, 13. PROPOSED MAINTENANCE DREDGING LIMIT, AS TRAVEL LIFT TRACKS AND PILES, RAMP,WALLS, SHOWN, IS CONSISTENT WITH AREA IDENTIFIED BY US DECKS, STRUCTURES, FLOATS, AND PILES IN ARMY CORPS OF ENGINEERING PERMIT NO. { PALMER COVE DATED MARCH 3, 1981 (ESRD PLAN MA-SALE-81-096. (� 158 OF 1981). 14.TOTAL PROPOSED DREDGE AREA= 219,400 SQ. FT. 6. PERMANENT USE EASEMENT DESCRIBED IN TOTAL PROPSOED DREDGE VOLUME= 25,000 CU. YDS. t DEED BK. 23391, PG. 232 AND DEPICTED ON PLAN ALL DREDGE AREA&VOL. INCLUDES SIDESLOPES. j RECORDED WITH DEED BK. 6865, PG. 788 P i 7. CH. 91 WATERWAYS LICENSE NO. 2559; I APPROVED FEB. 15, 1991. _ 8. THE ELEVATION OF DRILL HOLE "A"ON THE � ROBERT sG PROJECT MLW DATUM IS 14.26'WHICH IS GRIFFIN ELEVATION 8.92' ON THE NAVD88 DATUM. CIVIL y I #36686 � I L E G E N• D PROPERTY LINE BUILDING 5.0 SOUNDING — — — ——— EASEMENT MLW_ _ _ MEAN LOW WATER PROP. MAINTENANCE DREDGE FOOTPRINT DATUM: VICINITY MAP AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL= 11.0 MAINTENANCE DREDGING couNrv: Essex PALMER COVE APPLICATION BY: PALMER COVE YACHT CLUB, INC 74 LEAVITT STREET SALEM, MA JUNE 2017 SHEET 7 OF 14 PROPOSED MAINTENANCE DREDGE LIMIT ... . . ..... . .... . . ... .... . . .. .. . . .... . . . .. ... . ... - . . .. . ... .. . . .. . ........... . . ..... .... . . .. .... ... .. . . .. ....... . . ..... . . ........... ..... ....... .... .. ... ....... ... . .. . . .... 8 .. . ..... ..._ . ... .... . .... .. . . .. . . ... .. .EXIST-FIBER. ... w GLASS .. . . ..... . ..... .. . . ............ . . OR . .. .. .. .. ... WOOD PILE 6 m .. ..... .. ... .. . .. . . .. .......... ... . ... ....... .. . ... . . . . ._.. .._.. . ..._. , .. .. , .. ... .... . . . WZ J 4 .. ...... . ..... .. . . . .... . . . ... . ........ . ... ........ . . ......... .. . ._. . . . ... .. .. .... . _ . .. . . .. - .- x WALL LOOKOUT EXIST. _. .-, .. . .. .. . ... ....... ... _. . . . , . . ,... ... w 2 .. .._..,.. .. LANE LANA. . . FLOATS < ...... . ... . . .... . . ... . . . . . .. . ..... ...... .. .. . . . .(T )... .... .... .. .. ... 0 _ _ MEAN LOW WATER ............... ... . ...... . .... . ... . ..... ...... . .. ... .. w -2 ....... ..... . . . . .. . . ..... ..... . . .......... . . .. .... . . .. .. .. .... .. .... . . . .. . . ..... . ... . . . ..... . ..... . ........... . .. . o EXISTING GRADE DREDGE TO -8.0 -4 ..... . ........ .. .. .. .. ..... ... .. .. ._... , ., .... . ... ... . .. .... . . . . ...... . ,.... ...... . ... ........ ...: .. . BELOW MEAN -6 ...... . . LOW' 'WATER . SLOPE . .. . .. . . .. . . .. .. . . . . . .. .. .. ... . . . . . .. _ . . .. . . .. .. .. -8 ...... .. .... . . .... .. .... .... .......... .... ........ ..... . ..... ....... ...._ .. ...... . .................. ,.... . .... .. . . ... ...... ......... .. ........... —,o .... .. ..... . .. .I .. .. . ..... . ...� . ..... .... ... ............ . . .�._........... .� I.. . . . ... .. .. �. . ... .. .. ......�......... .... . 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 0 SITE SECTION "A-A" NOTES: 1. SEE SHEET 7 FOR NOTES & ROBERT' yN HORZ. SCALE: 1"= 50' REFERENCES&LEGEND. VERTICAL SCALE: 1"=5' o GRIFFIN -y CIVIL #35686 DATUM: SECTION °A-A° AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL=11.0 COUNTY:ESSEX MAINTENANCE DREDGING APPLICATION BY: 6 23 !7 0 25 50 100 PALMER COVE PALMER COVE YACHT CLUB,INC 74 LEAVITT STREET SCALE I"=50' JUNE 2017 SHEET 8 OF 14 SALEM,MA 10 Go EXPANSION.. ... .... . ............ . .. ..... ... . . .. ... . . ..... . .... .. .... . ....... ..... ..... ....... . ... . ..... ...... . ...... .._ LANE w EXIST..FIBER. .... ... ... .. . ..... . . ...... ........ ... ... PROPOSED. MAINTENANCE .. .. . .. ..... 8 x GLASS OR DREDGE LIMIT ... .. .... . . .. . ..... . . ...... ....... ..... ....... ... . ....... ........... ... . ......I..I...... .. ... . . . . . . . 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N ... ....... . . .. . .. ... ................ .. .... .. . ... .. ..... . ..... . . ... ..._ .. .. ...... ...... .. ...... . ,.. . . . .... ...... ...... .. .... .. .. .. .. ...DREDGE.TO. -B..O.-.. ... ..... ... .... w BELOW MEAN _ Z ... .... ............EXISTING WAW..... .. .......... .. .. .. . ......GRADE.. .. ... . . .... .I.... .. ...... .......... . . . ... .. .......... .. ... . . .. .. .. .. .. _6 .. .......... ........ .... ............ ....... .. .. ...... ..... ... ....... . . . ............ ...... .. ..._ ..._ ..........................................-........ .. . ...... ..... . 777-8 ... .... ... .. .... ...... ....�..... ....:. .-�... ... . ... . t - . ... . . .-I ._........ . �.. . .......... . . _10 4+00 4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 VZ F ROBE Rr SITE SECTION "A-A" NOTES: 1.SEE SHEET 7 FOR NOTES& GRIFFIN HORZ. SCALE: 1"=50' REFERENCES & IEGEND. 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SCALE: 1"=50' NOTES: VERTICAL SCALE: 1"=5' 1.SEE SHEET 7 FOR NOTES& REFERENCES&LEGEND.- DATUM: SECTION °C-C" AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL=11.0 COUNTY:ESSEX MAINTENANCE DREDGING APPLICATION BY: 0 25 50 100 PALMER COVE PALMER COVE YACHT CLUB,INC 74 LEAVITT STREET SCALE 1"=50' JUNE 2017 SHEET 11 OF 14 SALEM, MA U o N SPGNUSETTS z' u W CdLu J (n Z J r0 V U o ~ � O CU N S o N ZW Frri K } W n N O W Lu � wmocFo ` U WW a N Z U F 2 rn0 � � o p (n W U wWQuiwW O oilu) W aQiz � a � N ? 3 L 11 uLL Nw p m O rI0 D. Q 2 o Z � W J Z V)0) l_j LLI m Q a � a o 3 a � w ,n = pU D 1, atSJ LL (n ui Z ~ ON O � O' � dOw W Z W w a � aw0Z Wm a- XN g0 �; 0 a � Q WZWU �Z J w . ' i (nWW ~ \� J (n Q ^ a. Lu 06 w a S \p J Q W N ZZ O O Z -i- ~ w d' H O m c-'.) I EXPANSION LANE wOf ww -- --- - - - - ---- JLu cf) U M Li Li bi /v // a w c LOOKOUT LANE f CD I � 8 Q F-: Z w MAIN STREET Z Fn o a WA��LL S BEET N - ...... r �k —.. ———— —— —————. li RIP-RAP APR X/ RET. WALL vwi w p i 2 2 N wZ � � � � = �rw Li ZWy � R' N wW CD N ZZ } cn Ow age 7 � Q O ZW0� QZ O J w W N/F PILE. & FLOAT TABLE SHETLAND TRUST 4' WIDE pFcO -PAID ROBERT I. LAPPIN, TR. ® EXISTING UNLICENSED 1 \GANGWAY !_ APPROX. RIP-RAP WOOD PILE (NOT ON 5' WIDEEMBANKMENT 1980 OR 1991 CH. 91 GANGWAY DINGY RACK PERMITS) - TO BE I 3-8'x20 3` (3-8'x20' & PERMITTED I FLOATS \, 1-8'x16' ® EXISTING UNLICENSED ® ` . FLOATS) �� FIBER GLASS PILE ��� (NOT ON 1980 OR (' TRAVELLIFT �, 1991 CH. 91 PERMITS ' I LIFT DINGY TIE-UP �� ) I (7-8'x20') �� - TO BE PERMITTED I � PARTY LANE © EXISTING LICENSED b ® r(8-8'x20' FLOATS) WOOD PILE TO BE I ® ® \ RELOCATED TO ACCOMODATE NEW 5' FINGER FLOAT R1 EXTENSION - NEW I LICENSE NOT REQUIRED 6 .I I I ® PROPOSED WOOD PILE I LICENSED WOOD SEE NOTE 6 Sc 7 TO BE PERMITTED o PILE (TYP) ON SHEET 3 PROP. 5' D EXISTING FINGER FINGER FLOAT MIDDLE STREET FLOAT NOT ON 1980 EXTENSION (15-8'x20' OR 1991 CH. 91 O (TYP. OF 28) FLOATS) PERMITS - TO BE I I a © © ® © © ® © PERMITTED l ® EXISTING UNLICENSED FLOATS (DINGY RACK) r-_ - TO BE PERMITTED .4k: L/CENSED GLASS PILE ® ® © (TYP) : I FINGER .I FLOAT 1 © (TYP) HARBOR SITE PLAN FLOATS & PILES INSTALL © PALMER COVE .I .WALL STREET I (9-8'x20' FLOATS) w JUNE 2017 SHEET 13 OF 14 I: LOOKOUT LANE AT: SALEM HARBOR I: © (10-8'x2O') z COUNTY: ESSEX © U APPLICATION BY: I f- PALMER COVE YACHT CLUB, INC PROPOSED 74 LEAVITT STREET RECONFIGURATION SALEM, MA L_ ZONE N �o DATUM: ROBERT Brt MLW=0.0 MHW=9.0 HTL=11.0 NOTES: o H. GRIFFIN 1. SEE SHEET 7 FOR NOTES & " CIVIL y REFERENCES& LEGEND. #36666 0 30 60 120 SCALE 1"=60' N/F SHETLAND TRUST ROBERT L LAPPIN, TR. u r .MC{y APPROX. rEMBANKMENT 10A SEASONAL 021 FLOATS WITCH WAY (14-8'x20' & 1-8'x15' FLOATS)—TO I BE PERMITTED I WITCH WAY (14-8'x20' & F I SEE NOTE 6 & 7 1-8'x15' FLOATS) a J9 ROBERT ns H. N. PROP. 5' (111 CIVIL GRIFFIN �I FINGER FLOAT #36686 h EXTENSION (TYP. OF 28) I ® �.23• i� m EXPANSION LANE I e© (8-8'x20' FLOATS) © SALEM HARBOR rmI � I � I - W = I © 10A SEASONAL FLOATS co I © BREAKWATER z I © ® (4-14'x24' FLOATS) —TO BE PERMITTED — ® 1-4'x4 FLOAT © ® —TO BE PERMITTED PROPOSED RECONFIGURATION ZONE DATUM: SITE PLAN AT:SALEM HARBOR MLW=0.0 MHW=9.0 HTL= 11.0 FLOATS & PILES INSTALL COUNTY: ESSEX PALMER COYE APPLICATION BY: PALMER COVE YACHT CLUB, INC 0 30 60 120 74 LEAVITT STREET SALEM, MA SCALE 1" =60' JUNE 2017 SHEET 14 OF 14 GFSGEOLOGICAL FIELD SERVICES, INC. -PRIVILEGED AND CONFIDENTIAL- THIS REPORT HAS BEEN PREPARED UNDER CONTRACT WITH PALMERS COVE YACHT CLUB,INC. ANY REUSE OR RELIANCE ON THIS REPORT OR THE INFORMATION CONTAINED HEREIN BY ANY OTHER PARTY WITHOUT THE EXPRESSED WRITTEN CONSENT OF GEOLOGICAL FIELD SERVICES,INC.IS PROHIBITED. USE OF THIS REPORT, ITS INFORMATION AND ITS CONCLUSIONS BY ANYONE OTHER THAN PALMERS COVE YACHT CLUB INC.TRUST IS WITHOUT LIABILITY TO GEOLOGICAL FIELD SERVICES,INC. CHAPTER 91 WATERWAYS PERMIT APPLICATION Maintenance Dredging Application for Reconfiguration Zone, Request to Permit New Structures Palmers Cove Yacht Club, Inc. 74 Leavitt St Salem MA, 01970 Prepared for: Palmers Cove Yacht Club Inc 74 Leavitt Street Salem, MA 01970 Prepared by: Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 June 22, 2017 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978)594-1376 GFSGEOLOGICAL FIELD SERVICES, INC. June 26,2016 Massachusetts Department of Environmental Protection Wetlands and Waterways Mr. Ben Lynch 1 Winter Street Boston,MA 02108 RE: Propose Maintenance Dredging, Request to Permit New Structures Palmers Cove Yacht Club 74-78 Leavitt Street, Salem,MA Dear Mr.Lynch: On behalf of Palmers Cove Yacht Club,Inc. (PCYC),Geological Field Services,Inc. is submitting these Chapter 91 applications to the Massachusetts Department of Environmental Protection(MADEP)for the above referenced maintenance dredging project and request to permit new structures. PCYC is proposing a maintenance-dredging project for an area of Salem Harbor in Salem,Massachusetts. The dredging footprint is approximately 219,404 square feet that is a 25%reduction in the total area previously dredged of 288,840.The reduction has been made to project the intertidal zone and habitat. Approximately 25,000 cubic yards of sediment are proposed to be dredged.The proposed dredge material will be disposed of at the Massachusetts Bay Disposal Site(MBDS). The marina is currently coordinating with the U.S.Army Corps of Engineers and the U.S Environmental Protection Agency to complete an approved sediment sampling program to determine the sediments suitability for unconfined offshore disposal.The results will be of the 28-day bioaccumulation test will be available shortly. In addition to the proposed maintenance dredging project, the marina is requesting to permit several existing seasonally permitted structures as permanent features and to extent a number of finger piers to allow for safer access to some of the large boats in the marina.At MADEP's request,separate Chapter 91 applications for the dredging and for the structures have been submitted to the Waterways Division. The applications were to be published together and move through the process together,but will result in separate licenses.Please be advised that application for the project has also bee filed with the U.S.Army Corps of Engineers. Thank you for your time and I look forward to working with you on this project. Please do not hesitate to contact me with any questions you may have. Sincerely, GEOLOGICAL FIELD SERVICES,INC. Luke Fabbri President,LSP 14 Hubon(Street, Salem,Massachusetts 01970 Tel: (978)594-1376 TABLE OF CONTENTS Cover Letter Project Narrative Figures Figure 1 Locus Map Figure 2 Existing Bathymetric Conditions Figure 3 Proposed Maintenance Dredge Foot Print& Reconfiguration Zone Figure 4 Cross-Sections Figure 5 Intertidal Areas (MLW MLLW) Figure 6 Eelgrass & Eelgrass Habitat Figure 7 Shellfish Habitat Tables Table 1 Existing Structure Summary Appendix A Chapter 91 License Application Form BRP WW01c and plans Appendix B Combined Chapter 91 License and 401 Water Quality Certification Form BRP WW26 and plans Appendix C Previous Dredging Permits Appendix D Previous Chapter 91 Licenses Appendix E Division of Marine Fisheries Comment Letter& Response Appendix F Laboratory Data Appendix G Order of Conditions Appendix H MEPA ENF Certificate PROJECT NARRATIVE PALMER'S COVE YACHT CLUB SALEM,MASSACHUSETTS A. INTRODUCTION The Palmer's Cove Yacht Club (PCYC) is applying for two Chapter 91 licenses for three proposed activities at the existing marina including a BRP WW-Olb application to establish a"Reconfiguration Zone" for the marina basin and a"Request to Expand Licensed Structures"and a BRP WW-26 application for"Maintenance Dredging" of an area within Salem Harbor. The project area is located within Salem Harbor(see Figure 1) and is used for the launching and mooring of recreational boats. The typical vessel size ranges from 20 to 36 feet. However some boat are up to 42 feet long. The recreational boating season typically lasts 26-weeks from May through October. Proposed Chapter 91 license plans for the"Reconfiguration Zone"and"Request to Expand"being applied for under the BRP WW-Olb form are presented in Appendix A. Proposed Chapter 91 license plans for the"Maintenance Dredging"being applied for under the BRP WW-26 form are presented in Appendix B. The proposed"Reconfiguration Zone" includes the marina basin footprint and existing Section l0A floats as shown on in Appendix A. The"Request to Expand" includes the proposed licensing of existing unlicensed structures, existing licensed structures that are not in their licensed location, existing seasonal Section l0A floats and proposed new structures including 19 piles and the extension of 28 existing finger piers by five feet to better accommodate existing members boats. The PCYC marina has been previously dredged in 1946, 1954 and 1980 with varying dredge footprints. The total potential Maintenance Dredge area is 288,840 square feet based on an amalgamation of the past three dredging projects as shown on Figures 2 and 3. The marina basin is approximately 203,115 square feet and the access channel consists of approximately 85,725 square feet. The proposed Maintenance Dredging consists of approximately 25,000 cubic yards of sediment from a reduced footprint of 219,404 square feet of the existing boat basin and channel to -8 feet below mean low water (MLW). The proposed dredged material is anticipated to be suitable for ocean disposal pending approval from the US Army Corps of Engineers (ACE). A sampling plan issued by ACE is being completed at this time. B. PROJECT BACKGROUND Dredging History The PCYC is located in Salem Harbor in the Salem Point Neighborhood adjacent to Shetland Properties Office Park. The PCYC originated in the early 1900's after the City of Salem had filled in the tide flats of Palmers Cove. A series of licenses to fill and build sea walls are on record with the Essex Registry of Deeds. The original PCYC was authorized under License#422 and consisted of a bulkhead, marine railway and pier. A record search of plans and licenses recorded at the Essex Country Registry of Deeds failed to locate License#422. The Massachusetts Department of Environmental Protection(MADEP) and Massachusetts Department of Public Works (MADPW) conducted a search of their own archives and could not locate a copy of that license.. The first record of dredging is a 1946 plan approved by MADPW. MADPW contracted Bay State Dredging and Contracting(Bay State) for the 40,000 cubic yard dredge project. Copies of the 1946 permit and plan are presented in Appendix C. The marina was dredged a second time in 1954. MADPW again contracted Bay State for dredging 40,000 cubic yards. A copy of the MADPW contract is presented in Appendix C. The dredge plan has not been located,but the northern boundary and access channel of the licensed dredge area are shown on recorded License Plan 5447 prepared by Shetland Properties in 1968 when they wanted to fill a portion of Palmers Cove. A copy License Plan 5447 is presented in Appendix C. The marina and access channel were last dredged in 1981 when the Massachusetts Department of Environmental Quality Engineering(MADEQE) and the City of Salem were the applicants. Copies of the City of Salem's Order of Conditions, ACE Permit (MA-SALE-81-096) and the ACE"Finding of Facts"are presented in Appendix C. The Chapter 91 license for the 1980 dredge project has not been located at the Essex County Registry of Deeds or in the MADEP or MADPW archives. The approximate dimensions of previous three dredged areas based on the available plans are shown on Figure 2. The proposed Maintenance Dredging Area is shown on Figure 3. The proposed Maintenance Dredging Area is smaller than the area previously dredged because the access channel has been confined to the access channel dredged in 1980 only. Permits and Licenses for Structures The original Chapter 91 License Plan 422 has not been located at the Essex County Registry of Deeds or in the MADEP and MADPW archives. However, License Plan 422 is referenced and the structure is shown on License Plan 5447 in Appendix C. Chapter 91 License Plan 749 (4 Sheets), dated August 21, 1981, and License Plan 2559 (3 Sheets) dated February 15, 1991, authorized the configuration marina as it exists today with various alterations. The ACE issued Permit 88-1346-R-90,pursuant to Section 10 of the Rivers and Harbors Act of 1899 for the same project on November 27, 1990. The ACE permit corresponding to the 1981 Chapter 91 License was not located. Sources of Contamination An assessment of potential sources of contamination located in or adjacent to the project area has been performed. There are two-storm water outfalls located along the perimeter of the project area shown on Figures 2 and 3. The outfalls are connected to the City of Salem storm water sewer system and discharge directly into Salem Harbor. There is a boat washing station located on shore adjacent to the boatlift. The system is setup to re-circulate wash/rinse water, which is stored in a tight tank. There are no gasoline filling pumps located at the marina and no engine maintenance services are provided. Available Bathymetric Information Steel Associates Marine Consultants, LLC performed a bathymetric.survey of the proposed dredging area on July 13, 2015. This information has been used to establish existing conditions and estimate dredge quantities. The results of the bathymetric survey are shown on Figures 2, 3 and 4. Figure 4 show cross section of the proposed Maintenance Dredge Area. C. PROPOSED RECONFIGURATION ZONE,REQUEST TO RETAIN UNPERMITTED STRUCTURES and REQUEST TO EXPAND In 1981,all of the then existing structures including bulkheads, travel lift,boat ramp, deck, piers, floats and piles were permitted under Chapter 91 License 749. The recorded license and plans, presented in Appendix D, contain a detailed description of the permitted structures. In 1991, an expansion of the marina was permitted under Chapter 91 License 2559 and ACE Permit 1988-1346-R-90. The recorded License 2559 plans and ACE Permit 1988-1346-R-90,presented in Appendix D approximated the number of finger piers and piles to be installed. Figures 2 and 3 present an as-built plan of the existing marina. Table 1 is a summary of the marina components licensed under the 1981 and 1991 Chapter 91 licenses, as-built marina components, and the marina components proposed to be licensed under this application. The proposed Chapter 91 license plans, presented in Appendix A, are being submitted to MADEP with application form BRP WW-Olb separate from the proposed dredging project. Existing Conditions The marina has seven Chapter 91 licensed main piers. These piers are identified as Main Street,Party Lane,Middle Street,Wall Street, Lookout Lane,Expansion Lane and the Dinghy Tie-Up. The main piers are constructed of 75 floats including sixty 8x20' floats, twelve 10x20' floats and three end floats of various sizes. There are 79 finger piers that vary in width from two to five feet and in length from 16 to 20 feet. Chapter 91 licenses 77 of the finger piers. The total permitted area of main piers is 13,292 square feet and the as-built area is 13,465. The total permitted area of finger piers is 3,540 square feet and the as-built area is 3,544 including the two additional finger piers. The total number of licensed piles is 86 and there are 93 existing piles with a number of piles in different locations than what is shown on the 1981 and 1991 Chapter 91 licenses. There are two gangways providing access to the piers, a travel lift with boat wash station and a bulkhead all of which are licensed. On the west side of the clubhouse is a public boat ramp. Boats are placed in winter storage in the parking lot surrounding the clubhouse. There are no fuel docks. In addition to the pile-held Chapter 91 licensed structures,there are two sets of seasonal Section 10A permitted, mooring held, floats identified as Witch Way and the Breakwater and one set of unlicensed/unpermitted floats identified as the"Dinghy Rack" located east of the travel lift ramp and behind the Dingy Tie-Up. Table 1 provides a summary of the Section l OA permitted structures and the unlicensed/unpermitted floats and pile that are being included in the"Request To Expand Licensed Structures." The Salem Harbormaster issues annual permits for the Section 10A seasonal floats. The Breakwater is secured with four mooring anchors and Witch Way is secured with six mooring anchors. The Massachusetts Division of Marine Fisheries (MADMF)requested in their comments to the Salem Conservation Commission(ConCom) and to MEPA that they would prefer if the seasonal,mooring held floats could be licensed as piled held floats to minimize impacts from the mooring lines. Two unpermitted piles have been added to serve as"Location Markers"for the Breakwater and two have been added to Witch Way. The total area of Witch Way is 2,240 square feet not including the permitted finger pier, and the total area of Breakwater is 1,360 square feet including a 4x4' spacer float because the piles are not in a perfectly straight line. The"Dinghy Rack" is an unpermitted structure that consists of three 8x20' floats and one 8x16' float. These floats were added recently to accommodate dinghy's that are no longer able to "get out"because of siltation. PCYC would like to include these floats in the "Request To Expand."MADMF requested that the Dingy Tie-Up be moved slightly to the south to minimize grounding impacts in the intertidal zone. The total area of the Dinghy Rack is 608 square feet. Request to Expand The Request to Expand includes: all minor changes in 1981 and 1991 Chapter 91 licenses including the two additional finger piers, six additional piles and several relocated piles; • all seasonal Section IOA floats; • 7 proposed piles to hold the seasonal Section I OA floats • 2 proposed piles to hold the Dinghy Tie-Up 1 proposed pile to hold the Main Street end float that abuts the travel lift; and, • the proposed extension of 28 existing finger piers by five-foot. The proposed Chapter 91 license plans,presented in Appendix A, are being submitted to MADEP with application form BRP W W-Olb. The Proposed Chapter 91 license plans show the existing marina as-built including unpermitted piles and floats, seasonal Section l0A floats and proposed piles and finger pier extensions. Table 1 presents a summary of all existing and proposed structures and the difference in permitted square feet and proposed square feet of structures.Piles are approximately 12-inches in diameter that . translates into just under one square foot per pile. in summary, the seasonal Section l0A floats represent 4,485 ftZ of structure to be permitted, the existing finger piers and finger pier extensions represent 359 ft2 the 19 additional piles represent 19 ft'. In total, there are 4,835 ft'of proposed additional structures for which a license is being applied for. Reconfiguration Zone The proposed Reconfiguration Zone surrounds all existing chapter 91 licensed structures, existing structures proposed to be licensed and future structures proposed to be licensed as shown on Figure 3 and on the proposed Chapter 91 license plans,presented in Appendix A. D. PROPOSED MAINTENANCE DREDGE PROJECT A BRP WW-26 application is being filed for the proposed dredging component of this project. The location of the project is shown on Figure 1 —Locus Map. Figure 2 shows the approximate extent of the three past dredge projects in 1946, 1954 and 1981. There are several overlaps in the previous dredge plan footprints and the access channel location has shifted during each event. Figure 3 shows the entire"Maintenance Dredge Area." Figure 4 shows cross-sections of the proposed dredge project. Figure 5 shows shellfish habitat based on MASSGIS mapping.Figure 6 shows the intertidal areas above MLW and MLLW as requested by the MADMF. DMF provided comments of the Notice of Intent filed with the Salem Conservation Commission. In response,the intertidal areas have been shown in detail on Figure 6 and on Figures 2 and 3. The proposed Maintenance Dredge Footprint has been reduced by 823 ft2 to preserved intertidal area. The full response to MADMF's comments is presented in Appendix E. The total potential area of the Maintenance Dredge Area is approximately 288,840 square feet. However,the actual proposed area to be dredged is 219,404. This is because the boat basin area has been reduced by 823 ft2 to preserve Coastal Beach in the intertidal area per MADMF comments and because the channel area has been reduced by 68,525 ft2 to 17,200 ft2. The area was reduced because it was not critical to dredge in the channel and not dredging would protect potential ell grass habitat, see Figure 3. The proposed volume to be dredged is 25,000 cubic yards. The proposed project area will be dredged to a depth of-8 feet below MLW in the basin and access channel. The entire proposed dredge area has previously been dredged by the MADEQE, City of Salem and MADP W and all proposed work is maintenance dredging. Dredging will only be conducted at this time if ocean disposal is permitted by the Army. If ocean disposal is not a disposal option,additional time will be needed to secure funding. Dredging will be conducted by mechanical method using a barge-mounted excavator with an environmental bucket. Once excavated, dredge material will be loaded directly into a scow for transportation to an ocean disposal location. RESOURCE AREAS This is a water-dependent project that has been designed, and will be preformed,using the best available measures to minimize adverse impact on the resource areas defined under the Wetlands Protection Act. The project consists of routine maintenance dredging in previously authorized areas to previously authorized dimensions.According to the Massachusetts Wetlands Act,the entire project area is classified as Land Under Ocean (LUO). 1. LAND UNDER THE OCEAN (310 CMR 10.25) Land Under the Ocean is defined as"land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and includes land under estuaries. LUO,particularly the near-shore area, is presumed significant to the protection of marine fisheries, protection of wildlife habitat, storm damage prevention and floor control (3 10 CMR 10.25). According to 310 CMR 10.25(4), "maintenance dredging for navigation purposes affecting LUO shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. Projects not included in 310 CMR 10.25(3)which affect LUO shall, if water- dependent,be designed and constructed,using best available measures, so as to minimize adverse affects on marine fisheries habitat or wildlife habitat caused by(a) alterations in water circulation;(b)destruction of eelgrass (Zostera marina)or widgeon grass (Rupia marina)beds; (c)alterations in the distribution of sediment grain size; (d)changes in water quality, including but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or(e) alterations of shallow submerged lands with high densities of polychaetes,mollusks, or macrophytic algae. According to 310 CMR 10.25(7)not withstanding the provisions of 310 CMR 10.25 (3)through(6),no projects shall be permitted which will have adverse effect on habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project footprint is approximately 219,404 ft'of which of 217,112 R- are LUO in Salem Harbor. The proposed dredging area has a soft substrate that consists of very fine slit and fine sand. Grain size analysis of sediment samples has been conducted. Grain size and laboratory analysis of sediment samples indicate the greater than 95%of the sediment passes a 200 sieve. Copy of the grain size data is attached in Appendix F. Water circulation will be improved in the marina basin because of the proposed project and marine productivity will benefit by the increased circulation. There may be temporary, minimal turbidity and/or dissolved oxygen impacts caused during dredging activity. These are likely to subside quickly following work stoppage. Since dredging activity will not be conducted continuously, overall water quality should not be impacted. The entire project area has been dredged previously. The area is likely to contain opportunistic benthic species typical of other dredged areas. The area should recolonize with populations of organisms similar to currently existing ones rapidly following dredging activity. Data from the MADEP Wetlands Conservancy Program(WCP) indicates no occurrences of eelgrass (Zostera marina)or midgeon grass (Rupia maritina) in the project area. Eelgrass has been mapped at the mouth of the access channel in 1995, 2010 and 2012.No dredging is proposed past 7+125 in the access channel, which i � � puts the entire project greater than 250 feet away form previously mapped ell grass beds,well outside of the 100-foot buffer zone recommended by MADMF. After the project redesign,MADMF has stated that they will not require an eelgrass survey because of the project's setback from mapped eelgrass and eelgrass habitat. In addition, MADMF presented a draft eelgrass survey conducted in 2016. The survey is not on GIS but they said that they would provide the survey in the marina area so that the eelgrass beds can be compared to those on the site resource plan. The area is smaller than what is shown on GIS for 1995 and the project remains greater than 250 feet from the closest eelgrass beds.All correspondences with DMF are presented in Appendix E. There are no shallow submerged lands with high densities of polychaetes, mollusks, or macrophytic algae in the project area. According to National Heritage and Endangered Species Program data available through MAGIS,there are no specified habitat sites of rare vertebrate or invertebrate species in the project area or surrounding areas, as identified in the procedures established under 310 CMR 10.37 Adjacent shorelines consist of permitted seawalls. The structures were in existence during previous dredging events and were in no way impacted by dredging activity. Thus the proposed dredging activity is not likely to impact the structures or surrounding exposed shoreline. The proposed project will be performed after September 30 during the dormant fall and before February 15. The proposed project will take approximately four months to complete.Project activities are reoccurring based on high water thus will not likely significantly affect the resource area's ability to provide feeding, spawning or shelter areas to costal organisms, or to buffer the high-energy effect of storms. 2. COASTAL BEACH(310 CMR 10.27) A Coastal Beach is defined as an area of"unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal Beach is present on two side of the proposed project(Shown in Figures 2 and 3). The project proposes to dredge 2,292 square feet of Coastal Beach above MLW. The areas of Coastal Beach are located in the northwest and southwest comers of the dredge footprint as shown on Figure 6. The northwest dredge area has been reduced pursuant to MADMF comments. The remainder of the northwest area requires dredging for safety because the floats ground at low tide and pitch strongly to the south. These floats can be a challenge to walk on at low tide especially when wet. The southwest area could not be reduced to preserve access to the slips behind the Main Street pier. All Costal Beaches proposed to be dredged are within the Maintenance Dredge footprint,but have filled in since 1981. 3. LAND CONTAINING SHELLFISH (310 CMR 10.34) Land Containing Shellfish is defined as "land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish." Land Containing Shellfish may exist within the intertidal and subtidal areas, which include LUO. Land Containing Shellfish shall be found significant when it has been determined and mapped as follows: by the Conservation Commission or the MADEP in consultation with MADMF and based upon maps and designations of MADMF; or by the Conservation Commission or the Department based on maps and written documentation of the shellfish constable or the Department. In making such identification and maps,the following factors shall be taken into account and documented: the density of shellfish,the size of the area and the historical and current importance of the area to recreational or commercial shellfrshing. Massachusetts Geographic Information System(MA GIS) data indicates that 19,154 square feet of the southern portion of the marina basin is suitable for Blue Mussell (Mytilus edulis) (See Figure 5). Small quantities of Blue Mussells were observed attached to the piles and floats. According to DMF portions of the site are located within and adjacent to mapped shellfish suitability areas, which may provide habitat for Soft shell clams (Mya arenaria), Blue Mussels(Mytilus edulis), and quahog (Mercenaria mercenaria)within a Prohibited shellfish growing area. The site is in Classification Area N 18.1 and is prohibited from the harvest of shellfish. Even though harvest is not permitted in this location,the resource should be protected to avoid losing the multitude of ecosystem-wide functions and benefits that shellfish serve. The DMF recommends TOY restrictions for any in-water, silt-producing work from February 15 to June 30 and from May 1 to September 30 to avoid impacts to winter flounder and shellfish resources (respectively). DMF has offered that the applicant can use historic survey data in lieu of performing their own shellfish survey. The applicant can conduct their own survey,results will be compared to historic data and the higher number will be used in the mitigation formula. The applicant will pay DMF to perform the mitigation seeding as part of ongoing enhancement work. Seeding will not occur in Salem Harbor or any other mudflats currently closed to shellfishing for public safety concerns. Rather,the nearest conditionally restricted or open flat should be used(i.e. in-kind but out-of- place). Out-of-kind mitigation will be considered on a case-by-case basis. The above mitigation is for the loss of the shellfish resource only. To mitigate for loss of habitat,this project may be suitable for the In Lieu Fee program for any intertidal areas above MLW converted to subtidal. This component of mitigation will be addressed in the ACE permitting process. E. SEDIMENT SAMPLING AND ANALYSIS A sediment Sampling and Analyses Plan(SAP)has been provided by the ACE. PCYC is in the final stages of completing the 28—day bioaccumulation evaluation. The grain size data are presented in Appendix F. J F. ALTERNATIVE ANALYIS Several alternatives from existing plan have been considered for the project including "No Dredging", dredging the full maintenance area and upland disposal. No Dredge Alternative The"No Dredging"alternative is not considered a viable option because it would not improve access to the yacht club at minus tides and it will not stop the existing structures from grounding and listing at low tide. Dredge Full Maintenance Area Alternative The total potential Maintenance Dredge Area is approximately 288,840 ft2. However,the actual proposed area to be dredged is 219,404 ft2. This is because the boat basin area has been reduced by 823 ft2 to preserve Coastal Beach in the intertidal area per MADMF comments and because the channel area has been reduced by 68,525 ft2 to 17,200 ft2. The area was reduced protect potential ell grass habitat and the intertidal area and because they are not critical to operation of the marina. Therefore, dredging the full potential maintenance area it is not the preferred option. Upland Disposal The proposed dredging project disposal option is the MBDS. Upland disposal has been considered as an alternative. Upland disposal is significantly no expensive and labor intensive then ocean disposal. Upland disposal is not a cost effective option at this time. If approval for ocean disposal is not obtained the expense of dredging will exceed PCYCs current funding mechanism. Therefore, ocean disposal is the preferred option. Minimal Alternative The "Minimal Alternative" is to dredge the channel and basin areas that would allow the existing boats to access the float at minus tides. This is the preferred option because it provides sufficient access and minimizes potential impacts to the resource area by both dredging activities and subsequent boat traffic. G. DREDGE MATERIAL DISPOSAL Dredge material generated during the past three dredging project at the PCYC have been suitable for ocean disposal. The proposed dredged material is anticipated to be suitable for ocean disposal pending approval from the ACE. However,the sampling plan has not been fully implemented at this time. I H. PROPOSED MITIGATION The proposed project has been designed to minimize impacts to the surrounding environment to the greatest extent possible. Several mitigation measures have been proposed including Time of Year Restriction, reduction of dredge foot print, reduction in Coastal Beach footprint, replacing seasonal anchors with pile and others. The following is a list of the proposed mitigation measures. • The proposed project will take approximately four months to complete. Time of Year Restrictions will limit the dredge window to September 30 to February 15. • In the northwest corner where there is Coastal Beach, dredging to-8.0 will be limited to the first 16 feet off the float corner, and then using a 3:1 slope will reduce approximately 800 sf of intertidal conversion to subtidal. • The Dinghy Tic-Up and Witch's Way that grounds at low tide.The proposed mitigation is to rotate the line of floats out five feet to ensure all floats remain at least 18"off the mudflat at any tide post-dredging. If this recommendation cannot be satisfied,the applicant will add piles with float stops or skids to minimize grounding. • The only dredging proposed in the access channel is near the marina basin,at least 250 feet from the 1995 DEP eelgrass layer. It is highly unlikely that eelgrass exists in the marina basin or westernmost portion of the channel based on MADMF maps and site assessments we have conducted nearby in the last several years.However,eelgrass does exist along the eastern portion of the channel based on a field visit in September 2013 for an adjacent project.MADFM will not require an eelgrass survey if dredging will be limited to the westernmost portion of the channel. • MADMF shellfish biologists have recently updated their review policy regarding the request for a shellfish survey. MADMF has offered that the applicant can use historic survey data in lieu of performing their own shellfish survey.If the applicant still wishes to conduct their own survey, results will be compared to historic data and the higher number will be used in the mitigation formula. • If the applicant will pay MADMF to perform the mitigation seeding as part of ongoing enhancement work. Seeding will not occur in Salem Harbor or any other mudflats currently closed to shellfishing for public safety concerns. Rather, the nearest conditionally restricted or open flat should be used(i.e. in-kind but out-of-place).Out-of-kind mitigation will be considered on a case by case basis. • The above mitigation is for the loss of the shellfish resource only. To mitigate for loss of habitat, this project may be suitable for the In Lieu Fee program for any intertidal areas above MLW converted to subtidal. This component of mitigation will be addressed in the ACE permitting process. I. PERMITING Permits required for the project include obtaining an Order of Conditions from the Conservation Commission, a Chapter 91 Permit from the MADEP, a 401 Water Quality Certification, filing an Environmental Notification Form (ENE) and an ACE permit. PCYC filed a Notice of Intent with the Salem Conservation Commission in November 2015. Two hearings were held and the Commission issued an Order of Conditions on January 28, 2016. A copy of the Order of Conditions is presented in Appendix G. PCYC filed an Environmental Notification Form with MEPA in November 2016. On January 6, 2017,MEPA issued Certificate of the Secretary of Energy and Environmental Affairs on the Environmental Notification Form. The Certificate stated that the ENF sufficiently defined the nature and general elements of the project for the purposes of MEPA review and based on review of the ENF, comments received and consultation with State Agencies, no further MEPA review is required. The Certificate went on to encourage the Proponent to engage with MADEP,MADMF and other appropriate State Agencies throughout the permitting process. A copy of the Certificate is provided in Appendix H. PCYC is applying for Chapter 91 licenses and 401 Water Quality Certification from MADEP and an ACE permit concurrently. J. CONCLUSIONS The PCYC is proposing a Reconfiguration Zone,to expand its existing facility and to maintenance dredge an area within Salem Harbor. The project will provide safer structures and safer navigation in and out of the PCYC marina during low water by reducing the risk of grounding and potential releases to the environment. The project has been designed to reduce any adverse impact to the surrounding environmental resources to the greatest extent feasible based on comments received during the review process. The proposed"Reconfiguration Zone"includes the marina basin footprint. The"Request to Expand" includes the proposed licensing of existing unlicensed structures, existing licensed structures that are not in their licensed location, existing seasonal Section l0A floats and proposed new structures including 19 piles and the extension of 28 existing finger piers by five feet to better accommodate existing members boats. The project consists of maintenance dredging approximately 25,000 cubic yards from a preexisting channel and basin to-8 feet below MLW. The project area is 1,375 feet long and ranges in width from 100 to 450 feet. The proposed project will impact approximately 217,112 sq ft of LUO in Salem Harbor and 2,292 sq ft of previously dredged Coastal Beach. The proposed dredged material is anticipated to be suitable for ocean disposal pending approval from the ACE. The project area has been dredged previously on three occasions. Previous dredging activity was used to establish the dimensions of the project area. Due to the fact that the area has been dredged on three previous occasions, dredging activity will not likely seriously affect biologic activity in the project area. AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protections Act Submitted to MA Department of Environmental Protection and the Salem Conservation Commission I, Luke Fabbri, hereby certify under the pains and penalties of perjury that on September 27, 2017, I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: Amended Notice of Intent filed under Massachusetts Wetlands Protection Act by Palmers Cove Yacht Club, Inc. with the Salem Conservation Commission on September 27, 2017, for the property located on 74 Leavitt Street, Salem, MA . The form of the notification, a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. ,1 e Date NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTIONS ACT In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40,you are hereby notified of the following: A. The name of the applicant is Palmer's Cove Yacht Club Inc. B. The applicant has filed an amended Notice of Intent with the Salem Conservation Commission seeking permission to remove, fill or dredge an Area Subject to Protection Under the Wetlands Protection Act (MGL Chapter 131, Section 40). The proposed project consists of maintenance dredging within the existing marina basin and access channel, creation of a"Reconfiguration Zone" for the existing structures and a"Request To Expand Licensed Structures" located within an area of Salem Harbor. The proposed dredged material is anticipated to be suited for ocean disposal pending approval from the US Army Corps of Engineers. C. The address of the lot where the activity is proposed is 74 Leavitt Street, Salem, MA 01970. D. The Amended Notice of Intent may be examined at the Salem Conservation Commission Office at City Hall Annex, 120 Washington Street, Salem MA. For more information call (978) 619-5685. Information regarding the time, date and place of the public hearing may also be obtained from the Salem Conservation Commission. For information call (978) 619- 5685. E. Copies of the Notice of Intent may be obtained from the applicant's representative, Geological field Services, Inc., 14 Hubon Street, Salem, Massachusetts, or by calling 978 594-1376. Note: Notice of the public hearing, including its date, time and place, will be published at least five days in advance in the Salem Evening News. Furthermore,notification will be posted in the City Hall not less than 48-hours in advance. 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 Wetlands Protection Act. To contact the Department of Environmental Protection, call: DEP-Northeast Region: 978 694-3200. I I I CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 78 Leavitt St(34_0450) DATE: 9/25/2017 DESCRIPTION OF REOUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are"abutters and property owners"(as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s)of land listed above as the .ect site. Assessor's Signature: Date: In / Number of initialed pages attached: 6 Once Certified,Return to: Ashley Green,Department of Planning and Community Development { 114 ,y� '�� 10 ` �:.`7 1t � I IJreen mem yt38amel _ 1A PN �T�ox�Ery 114 —" ro':L" k S-T-R-EE-- ac. ' AR'U— x .nwwra«w-weat.e ' J J 114 4 " 1t r ., aen f 4 emm{a,en f } M � MW r I �+ �> n 17, �.. / w \ ' mmmn = f" E` z EET tp c''Qi_FAIRFVEL•U•STR� �_ ��+�$�� ; DNER SSR' i n't o t O(r,Fa9G W w p.enmwrw mry.{w .1- egwwalelmtlnm4weW x'^ TWapwMIM>tls OW � •. 0 ��1000 moo It Pdnted on 09252017 at 03:18 PM Parcel ID:34-0450-0 Parcel ID:33-0415-0 Parcel ID:33-0528-0 PALMERS COVE YACHT CLUB GIBNEY PATRICK SALEM HOUSING AUTHORITY 74 LEAVITT STREET 2408 FERN CREEK COURT PIONEER TERRACE SALEM,MA 01970 RALEIGH,NC 27613 27 CHARTER STREET SALEM,MA 01970 Parcel ID:33-0529-0 Parcel ID:33-0530-0 Parcel ID:33-0537-0 SALEM HOUSING AUTHORITY SALEM CITY OF MARTINEAU MARIANNE PIONEER TERRACE 89 LEACH ST 27 CHARTER STREET SALEM,MA 01970 SALEM, MA 01970 Parcel ID:33-0538-0 - Parcel ID:33-053" Parcel ID:33-0540-0 MURTAGH DECLAN S MCKAY RICHARD L 101 LEACH STREET RLTY MURTAGH REBECCA MCKAY DEBORAH J THERIAULT VICTOR 8 THOMPSON ROAD 19 HILLSIDE AVENUE 101 LEACH STREET MARBLEHED,MA 01945 MARBLEHEAD,MA 01945 SALEM,MA 01970 Parcel ID:33-0541-0 Parcel ID:33-0542-0 Parcel ID:33-0543-0 COOK MICHAEL A POTHIER HOWARD MEDROS BRUCE R 9 TREAT ROAD POTHIER GLORIA MARY ANNE MARBLEHEAD,MA 01945 107 LEACH STREET 109 LEACH ST SALEM,MA 01970 SALEM,NIA 01970 Parcel ID:33-0544-0 Parcel ID:33-0758-0 PIprcel ID:34-01 -0 CONSTANCE M.CLAVEAU CONSTANCE M.CLAVEAU 60 KIN LTY TRUST GEORGE R.CLAVEAU TRUST GEORGE R.CLAVEAU TRUST/ BRIAN HES/C SWEENEY 117 LEACH ST 117 LEACH STREET 19 R SALEM,MA 01970 SALEM,MA 01970 PLIVERLY,MA 01-9-16,- Parcel ID:34-0164.801 Parcel ID:34-0164-802 Parcel ID:34-0164-803 RICARD LYNN W QUILLING LINDSEYA ERAMO LIANA 60 PERKINS STREET Ut 60 PERKINS STREET U2 60 PERKINS STREET U3 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 Parcel ID:34-0164-804 Parcel ID:34-0164-805 Parcel ID:34-0164-806 60 PERKINS REALTY TRUST BOCHES BRIAN FARIA KRISTEN K BRIAN BOCHES/C SWEENEY 19 REZZA ROAD 62 PERKINS STREET U2 19 REZZA ROAD BEVERLY,MA 01915 SALEM,MA 01970 BEVERLY,MA 01915 Parcel ID:34-0164.807 Parcel ID:34-0171-0 Parcel ID:34-0448-0 KEEFE MICHAEL P EDWAAR RLTY TR/BLODGETT SHETLAND TRUST 62 PERKINS STREET U3 BLODGETT D W TRS LAPPIN ROBERT I TR SALEM,MA 01970 144 BEACH BLUFF AVE P O BOX 986 SWAMPSCOTT,MA 01907 SALEM,MA 01970 Parcel ID:34-0449-0 Parcel ID:34-0451-0 Parcel ID:34-0452-0 SALEM CITY OF KENT STEVEN LOLYD RESIDENTIAL RENTAL PALMER COVE FLATS 72 LEAVITT STREET DAVE POTTER MA SALEM,MA01970 56 WORCESTER AVENUE SWAMPSCOTT,MA 01907 Parcel ID:34-0453-0 Parcel ID:34-0454-0 Parcel ID:34-0455-0 LINGER JOHN A MUNCHKIN REALTY TRUST SALEM CITY OF LINGER ANNE C LINGER JOHN A TR PALMER COVE PK&PLAYGROUND 62 LEAVITT STREET 62 LEAVITT ST MA SALEM,MA 01970 SALEM,MA 01970 N Ashley Green From: Luke Fabbri <lafabbri.gfs@hotmail.com> Sent: Wednesday, September 20, 2017 12:10 PM To: Ashley Green Subject: Re: Palmers Cove Follow Up Flag: Follow up Flag Status: Flagged Hi Ashley Please be advised that a copy of the Chapter 91 application submitted to MADEP was provided to the the Zoning and building departments and I think to ConCom but I am not sure. Tom may have it. It is too large of a — file for me to send attached to this email. If you do not have the Chapter 91 applicaiton I will bring you a CD. The Application was broken into two applications at DEP's request. One permit for dredging and one for structures. On Page 7 of the pdf file is a summary of structures being permited. The Notice of Intent included all of the items except the 28 five-foot finger peir extensions. The finger piers a 2 foot wide so each finger pier is an additional 30 square feet, 280 additional square feet. All to the structures add up to 4,835 square feet. The addition of the finger pier extentions is approximately 6%to what was proposed. these were also included in the MEPA filing. Please let me know if there are any questions I will be in my office most of today. Luke A. Fabbri Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 Tel: 978 594-1376 From:Ashley Green<agreen6@Salem.com> Sent:Wednesday, September 20, 2017 11:35 AM To: Luke Fabbri Subject: RE: Palmers Cove Hi Luke, f Thank you for your email. I'm going to confer with the Chair to see how he would like to proceed. I hopefully should have an answer by the end of the day. 1 Thanks! Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning &Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F) 978-740-0404 apreen(a.salem.com I www.salem.com Please note.the Massachusetts Secretary of State's office has determined that most entails to and from municipal officials are public records. FAL 11 please refer to: http://www.see.state.ma.us/ore/preidx.htm. Please cotsider ilio eavirou,narnt before printing this email. From: Tom Devine Sent: Tuesday, September 19, 2017 10:02 AM To: Luke Fabbri Cc: Ashley Green Subject: RE: Palmers Cove Hi Luke, I have CC'd Ashley Green, Salem's new Conservation Agent. I am still here and can give Ashley any background she might need, but she will be in touch with you soon. Best, Tom Tom Devine, AICP Senior Planner 2 City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-5682 1 Fax: 978-740-0404 1 tdevine()salem.com From: Luke Fabbri [mailto:lafabbri.gfs(Ohotmail.com] Sent: Tuesday, September 19, 2017 9:39 AM To: Tom Devine Subject: Palmers Cove Hi Tom I am in the middle of permitting with DEP for the Palmer Cove. The DEP permit has a request to extend 28 of the finger pier by 5 feet when they put the marina back together. There will also be 10 new piles. Some of the - piles were included in the Notice of Intent bu the finger pier extentions were not. DEP would like me to - resolve these with the concom. What is the best way for me to do that? - Thanks P,I Ga? Luke A. Fabbri MA ' Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 Tel: 978 594-1376 A n 3 CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 78 Leavitt St (34_0450) DATE: 9/25/2017 _DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s) of land listed above as the 'ect site. Assessor's Signature: Date: / Number of initialed pages attached: 0C Once Certified, Return to: Ashley Green, Department of Planning and Community Development : G 2 114 0 107 2 'I 17 P. Soman IJPemeseRPn 77 TPvin IF Pueim Lb LW� Asn nni emmwM1a 1Ac®ea Pm "P.m N W ®�Hg" MN4n,n9 T enaATown LebeI.la ARD-STREET nemwoTema-N Laeea a, & 114 Lio,RR �,S3RR wxiwrt =aoaoM1 =4NSOft eD WRR W � �56M1 �R6]R ft W �)R+R S/V z p STREET N Q �-� d v FAIRFIEL ' 'I pa r STREET r<` GARONER z 1A 7 0 Al.0 LL EDW/ mf aa..nawnomnia ano.m Proneeero.imom�.uemivw K ,a— . : :; Pum:mO Pummea enry.me ..'R' • . TmertarNftf eanemM1:m ertmm i - ' mpnml0blwine mlfuae er � d .�:. I mM1mpnentatlanMNv a+u. 0 1000 2000 R Printed on 0925/2017 at 03:18 PM Parcel ID: 34-0450-0 Parcel ID: 33-0415-0 Parcel ID:33-0528-0 + PALMERS COVE YACHT CLUB GIBNEY PATRICK SALEM HOUSING AUTHORITY 74 LEAVITT STREET 2408 FERN CREEK COURT PIONEER TERRACE SALEM, MA 01970 RALEIGH, NC 27613 _ 27 CHARTER STREET. SALEM,MA 01970 Parcel ID: 33-0529-0 Parcel ID: 33-0530-0 Parcel ID:33-0537-0 SALEM HOUSING AUTHORITY SALEM CITY OF MARTINEAU MARIANNE PIONEER TERRACE 89 LEACH ST 27 CHARTER STREET SALEM,MA 01970 SALEM, MA 01970 Parcel ID: 33-0538-0 Parcel ID: 33-0539-0 Parcel ID:33-0540-0 MURTAGH DECLAN S MCKAY RICHARD L 101 LEACH STREET RLTY MURTAGH REBECCA MCKAY DEBORAH J THERIAULT VICTOR 8 THOMPSON ROAD 19 HILLSIDE AVENUE 101 LEACH STREET MARBLEHED,MA 01945 MARBLEHEAD, MA 01945 SALEM,MA 01970 — Parcel ID:33-0541-0 Parcel ID: 33-0542-0 Parcel ID:33-0543-0 COOK MICHAEL A POTHIER HOWARD MEDROS BRUCE R _ 9 TREAT ROAD POTHIER GLORIA MARY ANNE MARBLEHEAD, MA 01945 107 LEACH STREET 109 LEACH ST SALEM,MA 01970 SALEM, MA 01970 Parcel ID: 33-0544-0 Parcel ID:33-0758-0 Fkrcel ID: 34-UA-0 CONSTANCE M.CLAVEAU CONSTANCE M.CLAVEAU 60 P KIN .REALTY TRUST GEORGE R.CLAVEAU TRUST GEORGE R. CLAVEAU TRUST/ BRIAN HES/C SWEENEY 117 LEACH ST 117 LEACH STREET 19 R SALEM, MA 01970 SALEM, MA 01970 ERLY, MA 019 Parcel ID:34-0164-801 Parcel ID: 34-0164-802 Parcel ID: 34-0164-803 RICARD LYNN W QUILLING LINDSEY A ERAMO LIANA 60 PERKINS STREET U1 60 PERKINS STREET U2 60 PERKINS STREET U3 SALEM, MA 01970 SALEM, MA 01970 SALEM,MA 01970 Parcel ID:34-0164-804 Parcel ID: 34-0164-805 Parcel ID:34-0164-806 60 PERKINS REALTY TRUST BOCHES BRIAN FARIA KRISTEN K BRIAN BOCHES/C SWEENEY 19 REZZA ROAD 62 PERKINS STREET U2 19 REZZA ROAD BEVERLY,MA 01915 SALEM,MA 01970 BEVERLY, MA 01915 Parcel ID: 34-0164-807 Parcel ID: 34-0171-0 Parcel ID:34-0448-0 KEEFE MICHAEL P EDWAAR RLTY TR/BLODGETT SHETLAND TRUST 62 PERKINS STREET U3 BLODGETT D W TRS LAPPIN ROBERT I TR SALEM,MA 01970 144 BEACH BLUFF AVE P 0 BOX 986 SWAMPSCOTT, MA 01907 SALEM,MA 01970 Parcel ID:34-0449-0 Parcel ID: 34-0451-0 Parcel ID:34-0452-0 SALEM CITY OF KENT STEVEN LOLYD RESIDENTIAL RENTAL PALMER COVE FLATS 72 LEAVITT STREET DAVE POTTER MA SALEM, MA 01970 56 WORCESTER AVENUE SWAMPSCOTT, MA 01907 Parcel ID: 34-0453-0 Parcel ID: 34-0454-0 Parcel ID:34-0455-0 LINGER JOHN A MUNCHKIN REALTY TRUST SALEM CITY OF LINGER ANNE C LINGER JOHN A TR PALMER COVE PK&PLAYGROUND 62 LEAVITT STREET 62 LEAVITT ST MA SALEM, MA 01970 SALEM, MA 01970 1 GFS GEOLOGICAL FIELD SERVICES, INC. -PRIVILEGED AND CONFIDENTIAL- THIS REPORT HAS BEEN PREPARED UNDER CONTRACT WITH PALEMRS COVE YACHT CLUB,INC. ANY REUSE OR RELIANCE ON THIS REPORT OR THE INFORMATION CONTAINED HEREIN BY ANY OTHER PARTY WITHOUT THE EXPRESSED WRITTEN - CONSENT OF GEOLOGICAL FIELD SERVICES,INC.IS PROHIBITED. USE OF THIS REPORT, ITS INFORMATION AND ITS CONCLUSIONS BY ANYONE OTHER THAN PALMERS COVE YACHT CLUB INC.TRUST IS WITHOUT LIABILITY TO GEOLOGICAL FIELD SERVICES,INC. ' NOTICE OF INTENT Under the Massachusetts Wetlands Protection Act and City of Salem Wetlands Protection Ordinance Maintenance Dredging PCYC and Application for Reconfigurations Zone and Request to Retain Unpermitted Structures 78 Leavitt St Salem MA, 01970 1 Prepared for: Palmers Cove Yacht Club Inc 78 Leavitt Street Salem, MA 01970 Prepared by: Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 ' November 24, 2015 ' 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978)594-1376 ' TABLE OF CONTENTS ' Notice of Intent Application (WPA Form 3) I! ' Notice of Intent Wetland Fee Transmittal Form Attachment A Project Narrative Figures Tables Appendix A Previous Dredging Permits Appendix B Previous Chapter 91 License Attachment B Aerial Photographs Attachment C Stormwater Management Report Attachment D Affidavit of Service,Notice to Abutters and Certified List of Abutters t i Massachusetts Department of Environmental Protection Provided by MaBsDEP: Bureau of Resource Protection Wetlands MassDEP File Number WPA Form 3 - Notice of Intent. ' ir;y,Document Transaction Number_.. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 saiem City/Town ImportantWhenfllin A. General Information ' When filling out forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key ' to move your 78 Leavitt Street Salem 01970 cursor-do not a.Street Address b.City/Town c.Zip Code use the return key. Latitude and Longitude: 42 30 49.5 70 53 13.32 d.Latitude e.Longitude 34/0449 34/0449 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: ' Robert Strasnick a.First Name b.Last Name Note: Palmers Cove Yacht Club, Inc. ' Before c.Organization completing this 78 Leavitt Street form consult d.Street Address yourlocal ' Conservation Salem MA 01970 Commission e.City/Town I.Stale g.Zip Code regarding any _ municipal bylaw or ordinance. It,Phone Number i.Fax Number j.Email Address ' 3. Property owner(required if different from applicant): ❑ Check if more than one owner 1 a.First Name b.Last Name c.Organization ' d.Street Address e.City/Town f.State g.Zip Code It.Phone Number i.Fax Number j.Email address 4. Representative (if any): ' Luke Fabbri a.First Name b. Last Name Geological Field Services Inc c.Company 14 Hubon Street d.Street Address - Salem MA 01970 e.City/Town f.State g.Zip Code 978 594-1376 lafabbri.gfs@hotmail.com In.Phone Number i.Fax Number j.Email address ' 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid ' wpaform3.doc•rev.4/22/2015 Page 1 of 9 Massachusetts Department of Environmental Protection Provided by MassDEPi ` ' Bureau of Resource Protection -Wetlands MassDEP File Number i WPA Form 3 - Notice of Intent ' Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .§— -� City/Town ' A. General Information (continued) 6. General Project Description: ' Maintenance dredging of approximately 25,000 cubic yards from an approximate 288,840 square foot area in preexisting footprint established over three previous dredging projects at the Palmer Cove Yacht Club in Salem, MA. ' 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Commercial/Industrial 4. ❑ Dock/Pier ' 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture (e.g., cranberries, forestry) 8. ❑ Transportation 9. ® Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project(including Ecological ' Restoration Limited Project)subject to 310 CMR 10.24(coastal) or 310 CMR 10.53 (inland)? If yes, describe which limited project applies to this project. (See 310 CMR 1. El Yes ® No 10.24 and 10.53 for a complete list and description of limited project types) ' 2.Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project(310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited ' Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: ' Essex 99115 a:,County b.Certificate#(if registered land) c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). ' Check all that apply below. Attach narrative and any supporting documentation describing 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. ' wpaform3.doc•rev.4/222015 Page 2 of 9 ' Massachusetts Department of Environmental Protection Provided byMassDEP:'-s- Bureau of Resource Protection - Wetlands MassDEPPge Number _I WPA Form 3 - Notice of Intent 7 Document Transactionn Number mber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 sajem City/Town ' B. Buffer Zone & Resource Area Impacts (temporary& permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) ' a. ❑ Bank 1.linear feet 2.linear feet For all projects affecting other b. ❑ Bordering Vegetated ' Resource Areas, Wetland 1.square feet 2.square feet please attach a narrative c. ❑ Land Under 1.square feet 2.square feet explaining how Waterbodies and ' the resource Waterways area was 3.cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet ' 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) -specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3.Total area of Riverfront Area on the site of the proposed project: square feet ' 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this N01? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No ' 3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. ' wpafonn3.doc•rev.4/22/2015 - Page 3 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: o Bureau of Resource Protection - Wetlands k yMassDEP File Number ` WPA Form 3 - Notice of Intent ' Document Transaction NumberA Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing 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. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) ' document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your 288,840 receipt page) b. ® Land Under the Ocean 1,square feet with all supplementary 25000 information you 2.cubic yards dredged submit to the ' Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment ' e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation ' I. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ® Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the ' Ocean, and/or inland Land Under Waterbodies and Waterways, above 25000 ' 1.cubic yards dredged 1. El Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. ' a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings ' wpaform3.doc•rev.4/222015 Page 4 of 9 ' Massachusetts Department of Environmental Protection Provided by MasaDEP: 1 Bureau of Resource Protection - Wetlands 1 MassDEP File Number r WPA Form 3 - Notice of Intent ' " t ' 7 ,_Document Transaction Number ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem�_� T city/town ' C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and ' complete Appendix A: Ecological Restoration Notice of Intent— Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massqis.state.ma.us/PRi EST HAB/viewer.htm. ' a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife ' October 2008 1 Rabbit Hill Road b.Date of map Westborough, MA 01581 If yes,the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CA.c, and include requested materials with this Notice of Intent(NOI); OR complete Section CA J, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). ' c. Submit Supplemental Information for Endangered Species Review. 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage ' (b)outside Resource Area percentagelacreage 2. ❑ Assessor's Map or right-of-way plan of site ' 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ' (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see http//www mass gov/eea/agencies/dfq/dfw/natural-heritage/regulatory-review. Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpafonn3.doc•rev.4/22/2015 Page 5 of 9 Massachusetts Department of Environmental Protection �Provid6d by MassDEP: — v \ Bureau of Resource Protection - Wetlands MassDEP Pile Number a WPA Form 3 - Notice of Intent Document Transaction Numbeeu Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 seiem CityfTown ' C. Other Applicable Standards and Requirements (contrd) (c)❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address ' Projects altering 10 or more acres of land, also submit: (d)❑ Vegetation cover type map of site ' (e)❑ Project plans showing Priority & Estimated Habitat boundaries ' (f) OR Check One of the Following 1.❑ Project is exempt from MESA review. ' Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b.Dale submitted to NHESP ' 3.❑ Separate MESA review completed. Include copy of NHESP "no Take"determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b.® Yes ❑ No ' If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore-Cohasset to Rhode Island border, and North Shore-Hull to New Hampshire border: the Cape& Islands: Division of Marine Fisheries- Division of Marine Fisheries- ' Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 ' Email: DMF.EnvReview-South(a)_state.ma.us Email: DMF.EnvReview-North(astate.ma.us Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, ' please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. ' wpafonn3.doc•rev.4I22r2015 Page 6 of 9 Massachusetts Department of Environmental Protection Provided byMassDEP:: ' Bureau of Resource Protection - Wetlands MassDEP File Number t WPA Form 3 - Notice of Intent `s , Document Transaction N_umber j ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ' Online Users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number ' (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No ' information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ® Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: �.❑ Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) ' 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. ' b.❑ No. Check why the project is exempt: ' 1. ❑ Single-family house 2.❑ Emergency road repair ' 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. Additional Information ' ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent—Minimum Required Documents (310 CMR 10.12). Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing ' sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ 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. ' wpaform3.doc•rev.4/222015 Page 7 of 9 ' Massachusetts Department of Environmental Protection Provided by Mas`sDEP: Bureau of Resource Protection Wetlands I MassDEP File Number WPA Form 3 - Notice of Intent ' Documen_t_Transadion Number ; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 saiem W City/rown ' D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW ' Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. I 4. ® List the titles and dates for all plans and other materials submitted with this NOI. ' Existing Bathymetric Conditions Proposed Maintenance Dredge Footprint Cross Sections a.Plan Title Griffin Engineering Group Robert Griffin ' b.Prepared By c.Signed and Stamped by 11/23/2015 1"=60' d.Final Revision Date e.Scale ' f.Additional Plan or Document Title g.Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. ' 6.® Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. i 7. ® Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. ' a. ® Attach NOI Wetland Fee Transmittal Form ' 9. 0 Attach Stormwater Report, if needed. I I II E. Fees ' �. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. ' Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: t 2337 11/24/2015 2.Municipal Check Number 3.Check date 2336 11/24/2015 ' 4.State Check Number 5.Check date Geoligical Field Services Inc. 6.Payor name on check:First Name 7.Payor name on check:Last Name ' wpafonn3.doc•rev.4/22/2015 Page 8 of 9 ' Massachusetts Department of Environmental Protection Provided by MassDEP:' Bureau of Resource Protection - Wetlands 7 Mas9DEP File Number i. - r, WPA Form 3 - Notice of Intent ' 1 i '"Document Transaction Number.. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town F. 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 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt sted) to all abutters within 100 feet of the property line of the project location. ' 1.Signature of Applicant 2.Date i 3..Signatur o r e ne ('rf different) 4.Date - ' 22Zz S Q!3,0 ature of Represents a(if any) 6.Date I I ' For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NO] Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. ForMassDEP: One copy of the completed Notice of Intent(Form 3), including,supporting plans and documents, one ' copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail o 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. I 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. I I I I I, ' wpaform3.doc•rev.4/22/2015 Page 9 of 9 1 li Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form 1 Massachusetts Wetlands Protection Act M.G.L. c. 131; §40 Important:When A. Applicant Information ' filing out fors . on the computer, 1. Location of Project: use only the tab key to move your 78 Leavitt Street Salem cursor-do not a.Street Address ' use the return b.Cityfrown key. c.Check number d.Fee amount 2. Applicant Mailing Address: ' Robert Strasnick a.First Name b.Last Name ' Palmer Cover Yacht Club, Inc. c.Organization 78 Leavitt Street d.Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code robQpsbostonlaw.com ' h.Phone Number i. Fax Number j.Email Address 3. Property Owner(if different): ' a.First Name b.Last Name i I c.Organization 1 d.Mailing Address ' e.Cityrrown I.State g.Zip Code h.Phone Number i.Fax Number j.Email Address To calculate g Fees ' filing fees,refer to the category fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling out wot*sheet. instructions for ' filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 21Number of Activities: Identify the number of each type of activity. I ' Step 3/Individual Activity Fee: Identify each activity fee from the six project,categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. I Step 6/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract$12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. ' naneel dw-wedand Fee Tram-al room•rev.aon f Page f of 2 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form ' Massachusetts Wetlands Protection Act M.G.L. c. 131,'§40 B. Fees (continued) ' Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee ' Cat 4 Dredging 1 1450 1450 ' Cat 5 Docks 518 4 2000 i ' Step SlTotal Project Fee: 3450 Step 6/Fee Payments: ' Total Project Fee: 3450a.Total Fee from step 5 ' State share of filing Fee: 1737.50 b. ill Total Fee less$72.50 City/Town share of filling Fee: 1762.50 c.1l2 Total Fee plus$12.50 ' C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 ' b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. ' To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) 1 i noifeett Ooc•Wed"Fee Transmi Fw •rev.tOn t Page 2 of 2 1 Enter your transmittal number p x268382 ' Transmittal Number Your unique Transmittal Number can be accessed online: http://mass qov/dep/service/online/trasmfrm.shtml Massachusetts Department of Environmental Protection i ' Transmittal Form for Permit Application and Payment 7. Please type or A. Permit Information ' print.A separate Transmittal Form WPA 3 must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category for each permit Dredging application. 3.Type of Project or Activity 2. Make your check payable to B. Applicant Information - Firm or Individual the Commonwealth ' of Massachusetts Palmers Cove Yacht, Inc. and mail it with a 1.Name of Firm-Or,if party needing this approval is an individual enter name below: copy of this form to: DEP,P.O.Box 2.Last Name of Individual 3.First Name of Individual 4.MI ' 4062,Boston,MA 02211, 78 Leavitt St 5.Street Address 3. Three copies of Salem MA 01970 978 744-9722 this form will be 6.CityfTown 7.State 8.Zip Code 9.Telephone# 10.Ext.# needed. Robert Strasnick Copy 1 -the 11.Contact Person 12.e-mail address(optional) original must accompany your ' permit application. C. Facility, Site or Individual Requiring Approval Copy 2 must accompany your palmers Cove Yacht Cove, Inc. fee payment. 1.Name of Facility,Site Or Individual Copy 3 should be 78 Leavitt Street retained for your 2.Street Address records Salem MA 01970 4. Both fee-paying 3.CityrTown 4.State 5.Zip Code 6.Telephone# 7.Ext.# and exempt 978 744-9722 applicants must 8.DEP Facility Number(if Known) 9.Federal I.D.Number(if Known) 10.BWSC Tracking#(if Known) mail a copy of this transmittal form to: D. Application Prepared by (if different from Section B)* ' MassoEP Geological Field Services Inc P.O.Box 4062 Boston,MA 1.Name of Firm Or Individual 02211 14 Hubon Street 2.Address Salem MA 01970 9780594-1376 •Note: 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.# For BWSC Permits, Luke Fabbri ' enter the LSP. 8.Contact Person 9.LSP Number(BWSC Permits only) E. Permit - Project Coordination ' 1. Is this project subject to MEPA review? ❑yes ® no If yes, enter the project's EOEA file number-assigned when an Environmental Notification Form is submitted to the MEPA unit: EOEA File Number rF. Amount Due DEP Use Only Special Provisions: ' 1. ❑Fee Exempt(city,town or municipal housing authomy)(state agency if fee is$100 or less). Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status. 2. ❑ Hardship Request-payment extensions according to 310 CMR 4.04(3)(c). Recd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10). ' 4. ❑Homeowner(according to 310 CMR 4.02). Reviewer: 2336 1737.50 11/24/2015 Check Number Dollar Amount Date . tr-formw-6.doc•rev. 1107 Page 1 of 1 -qTNBEVERLY r, GEOLOGICAL FIELD SERVICES, INC. BANK ��"wuamMn..areiu« ' 14 HURON STREET 53.7214.2113 + SALEM,MA 01970 11/24/2015 > S ' City Of Salem +1,762.50 + 2 P�lte Thousand Seven Hundred Sixty-Two and 501100`**`"*"`**""*`"*r++«rtr�.rt+++rrtrr+++++rt+rqr+r+++rtr+rtr+++rrrrrtrrrtrtr++rt++rt, 1 DATE AMOUNT City of Salem ' TO THE ' 93 Washington Street ORDER , + OF Salem,MA 01970 SIGNATURE review 2331 BEVERLY y_ r a BANK GEOLOGICAL FIELD SERVICES, INC. ,r wu aiwa "Um 14 HURON STREET 53.7214-2113 t SALEM,MA 01970 11/24/2015 "1,737.50 � Commonwealth of Mass k Thousand Seven Hundred Thirty-Seven and 501100***"*"*r+rr+rr+++++++rtr+r++rt+rr++rtr+rrrt+rrtrsrtrrtrtr+rt+rtru+rr+rtr++rrtrt+r 1 DATE AMOUNT ` ' Commonwealth of Mass pTO " DEP fin P+i ORDER r P.O.4062 ORDER OF Boston,MA 02211 y RED sk+NnroRE Re *stration 11'00233611' 1: 2113721451: 06 30 26 2 7 21" ' GEOLOGICAL FIELD SERVICES, INC. ' 11/24/2015 .233 Commonwealth of Mass 1,737.50 x268382 1 1,737.50 Beverly Co-op ATV Registration rRw�wusA. " 00 vaooucT sswms usewRRe,soo eNE�nFE ' Commonwealth of Mass 11/242015 1 ' ATTACHMENT A ' PROJECT NARRATIVE ' PALMER'S COVE YACHT CLUB SALEM,MASSACHUSETTS ' A. INTRODUCTION The Palmer's Cove Yacht Club (PCYC) is submitting a Notice of Intent for an Order of Conditions for a"Maintenance Dredging"project,to establish a"Reconfiguration Zone" ' and for a "Request To Retain Unpermitted Structures"within the marina to accommodate variations in the existing structures compare to the permitted structures. The project area is located within Salem Harbor(see Figure 1 —Google Earth Locus Map) and is used for ' the launching and mooring of recreational boats. The typical vessel size ranges from 20 to 30 feet. The recreational boating season typically lasts 22-weeks from May through October. ' B. The PCYC marina has been previously dredged in 1946, 1954 and 1980 with varying dredge footprints. The total proposed Maintenance Dredge area is 288,840 square feet based on an amalgamation of the past three dredging projects as shown on Figures 2 and 3. The marina basin is approximately 203,115 square feet and the access channel consists of approximately 85,725 square feet. The proposed project consists of Maintenance ' Dredging approximately 25,000 cubic yards from the existing boat basin and channel to - 8 feet below mean low water(MLW). The proposed dredged material is anticipated to be suited for ocean disposal pending approval from the US Army Corps of Engineers ' (ACE). However, a sampling plan has not been developed or implemented at this time. The proposed"Reconfiguration Zone"is includes the marina basin footprint and the Section l0A floats as shown on Figure 3. "Request To Retain Unpermitted Structures" ' includes a number of minor deviations from the permitted structures; two sets of seasonal Section l0A floats and the addition of several currently unpermitted floats as detailed below. 1 C. PROJECT BACKGROUND ' Dredging History The PCYC is located in Salem Harbor in the Salem Point neighborhood adjacent to Shetland Properties Office Park. The PCYC originated in the early 1900's after the City ' of Salem had filled in the tide flats of Palmers Cove. A series of licenses to fill and build sea walls are on record with the Essex Registry of Deeds. The original PCYC was authorized under License#422 and consisted of a bulkhead, marine railway and pier. A record search of plans and licenses recorded at the Essex Country Registry of Deeds failed to locate License #422. The Massachusetts Department of Environmental Protection (MADEP) and Massachusetts Department of Public Works (MADPW) ' conducted a search of their own archives and could not locate a copy of that license. The first record of dredging is a 1946 plan approved by MADPW. MADPW contracted ' Bay State Dredging and Contracting (Bay State) for the 40,000 cubic yard dredge project. Copies of the 1946 permit and plan are presented in Appendix A. The marina was dredged a second time in 1954. MADPW again contracted Bay State for dredging 40,000 1 SII , cubic yards. A copy of the MADPW contract is presented in Appendix A. The dredge ' plan has not been located, but the northern boundary and access channel of the licensed dredge area are shown on recorded License Plan 5447 prepared by Shetland Properties in 1968 when they wanted to fill a portion of Palmers Cove. A copy License Plan 5447 is ' presented in Appendix A. The marina and access channel were last dredged in 1981 when the Massachusetts ' Department of Environmental Quality Engineering (MADEQE) and the City of Salem were the applicants. Copies of the City of Salem's Order of Conditions, Army Corps permit (MA-SALE-81-096) and the Army Corps "Finding of Fact" are presented in ' Appendix A. The approximate dimensions of previous three dredged areas are shown on Figures 2. The proposed Maintenance Dredging Area, shown on Figure 3, is smaller than the area previously dredged because the access channel has been confined to the area ' dredged in 1980. Chapter 91 Licenses for Structures ' The original Chapter 91 License Plan 422 has not been located at the Essex County Registry of Deeds or in the MADEP or MADPW archives. The License Plan is referenced on License Plan 5447 in Appendix A. Chapter 91 License Plan 749 (4 Sheets), dated August 21, 1981, and License Plan 2559 (3 Sheets)dated February 15, 1991, authorized the configuration marina as it exists today with various alterations. A copy of License Plan 5447 is presented in Appendix B. The ACE issued Permit 1988-1346-R-90, ' issued pursuant to Section 10 of the Rivers and Harbors Act of 1899 for the same project. Existing Conditions ' An as-built of the existing marina is presented on Figures 2 and 3. Table 1 is a summary of the marina components comparing the as-built structure with the 1981 and 1991 licenses. The marina has seven main piers identified as Main Street, Party Street,Middle ' Street, Wall Street, Lookout Lane,Expansion Lane and the Dinghy Tie-Up. The main piers are constructed of 69 8x20' floats and five end floats of various sizes. There are 79 finger piers that vary in width from two to five feet and in length from 16 to 20 feet. In addition,there are two sets of 10A permitted mooring floats identified as Witch Way and the Breakwater. The 10A floats include (14) 8x20' floats, (4) 1500' and one 4x4' floats. These Section l0A floats are being included in the "Request To Retain Unpermitted Structures". Three of the five piles and one finger pier that mark the float seasonal positions were included in the 1991 License 2559. There are a total of 93 piles of which 18 are fiberglass and 75 are wooden. There are two gangways providing access to the ' piers, a travel lift with boat wash station and a bulkhead. On the west side of the clubhouse is a public boat ramp. Boats are placed in winter storage in the parking lot surrounding the clubhouse. There are no fuel docks. ' Unpermitted structures include the "Dinghy Rack" east of the travel lift ramp consists of (3) 8x20' floats and (1) 8x16' float. In addition, there is an unpermitted 5x8' float that extends the end float of Main Street to the west corner of the travel lift. 1 ' Sources of Contamination An assessment of potential sources of contamination located in or adjacent to the project area has been performed. There are two storm water outfalls located along the perimeter ' of the project area shown on Figures 2 and 3. The outfalls are connected to the City of Salem storm water sewer system and discharge directly into Salem Harbor. There is a boat washing station located on shore adjacent to the boat lift. The system is setup to re-circulate wash/rinse water which is stored in a tight tank. There are no gasoline filling pumps located at the marina and no engine maintenance services.are provided. Available Bathymetric Information ' Steel Associates Marine Consultants,LLC performed a bathymetric survey of the proposed dredging area on July 13, 2015. This information has been used to establish existing conditions and estimate dredge quantities. The results of the bathymetric survey ' are shown on Figures 2, 3 and 4. ' D. PROPOSED RECONFIGURATION ZONE AND REQUEST TO RETAIN UNPERMITTED STRUCTURES In 1981, all of the then existing structures including bulkheads, travel lift, boat ramp, ' deck,piers, floats and piles were permitted under Chapter 91 License 749. The recorded license and plans, presented in Appendix B, contain a detailed description of the permitted structures that was used to complete Table 1. In 1991, an expansion of the ' marina was permitted under Chapter 91 License 2559 and Army permit 1988-1346-R-90. The recorded License 2559 plans and Army permit 1988-1346-R-90, presented in Appendix B approximated the number of finger piers and piles to be installed. The ' existing structures are shown on Figure 2 and 3. In 1981, the marina piers included the Dinghy Tie Up,Main Street,Middle Street, Wall ' Street and Lookout Lane, the various end floats,bulkheads,travel lift, boat ramp, and deck all detailed in the written portion of the Chapter 91 License. The 1991 expansion included the extension of main piers known as Middle Street, Wall Street and Lookout ' Lane, the addition of a new main pier known as Expansion Lane, and a number of new piles and finger piers. In 1991, piles and a single finger pier were permitted as markers for two sets of floats that were permitted as seasonal Section l0A floats including Witch ' Way and the Breakwater. These floats, still permitted as Section l0A floats, are included is this proposed"Reconfiguration Zone and Request to Retain Unpermitted Structures." If licensed under Chapter 91, additional piles will be sought to hold these floats in place. ' Table 1 presents a summary of the permitted structure and the existing structure. The majority of the existing structures are as permitted with some minor alterations. The following is a summary of the structural changes. 1 ' Piles Permitted 86 Existing 93 Removed (7)Main Street (1)Middle Street Added (2)Dinghy Tie Up (3)Party Lane ' (1) Wall Street (3)Lookout Lane (4)Expansion Lane (1) Witch Way (1)Breakwater ' Main Piers (Dimension Changes) 14' increase Dinghy Tie-Up pier(gangway end float was rotated) 6' decrease Main Street -48 1 6' decrease Wall Street -48 6' decrease Middle Street -48 Dinghy Tie Up End Float increase (14.6x27.7)to (20x28) 155.6 ' Main St End Float increase (28x15)to (32x15) 60 Parry Lane End Float increase (32.5x14.5)to (33x15) 23.75 Middle St End Float increase (34x14)to (35x15) 15 Total change in Area 110.33 Finger Piers (various dimensional changes see Table 1) 1 78 permitted 3480 79 existing 3544 Total change in Area 64 ft' ' Additional Structures Main St end float at Ramp (5x8) 40 ' Dinghy Rack (3) 8x20 & (1) 8x16 608 Total New Area 648 ft Section 10A Floats Witch Way (14) 8x20 2240 Breakwater (4) 15x30 1800 (1) 4x4 16 Total New Area 4056 ft2 ' In 1991, four piles and one finger pier were permitted to act as markers for seasonal Section l0A floats known as Witch Way and the Breakwater. The Salem Harbor Master issues annual permits for these seasonal floats. The Breakwater is secured with four ' mooring anchors and Witch Way is secured with six mooring anchors. Since 1991,two unpermitted piles have been added to serve as markers for the Section l0A floats on the Breakwater and Witch Way. 1 it I11 Because of changes in what has been built compared to the permit plans,the PCYC is An application to Chapter 91 and the Army for a "Request To Retain Unpermitted Structures" and establishment of a"Reconfiguration Zone" for the boat basin that allows ' for minor reconfiguration changes that occur when repairs are made to the piers,piles, floats and finger piers or when the structures are removed for dredging and then replaced. Within that"Reconfiguration Zone"PCYC requests authorization for several piles more ' than are currently in place so that the floats can be secured if weakness are identified and authorization to move finger piers around to accommodate changes in boat sizes. ' E. PROPOSED DREDGE PROJECT An overview of the project and proposed dredge limits are shown on Figure 1 —Locus Map and Figures 2, 3 and 4. The total area of the Maintenance Dredge Area is approximately 288,840 square feet. However,the actual area to be dredged is less because the access channel requires only spot dredging in the areas that have filled in. The proposed volume to be dredged is 25,000 cubic yards. The proposed project area will be dredge to a depth of-8 feet below MLW in the basin and access channel. The ' entire proposed dredge area has previously been dredged by the DEQE, City of Salem and MADPW and all work is considered maintenance dredging. The footprints of the past dredge project in 1946, 1954 and 1981 are shown on Figures 2 and 3. Cross-sections of 1 the Maintenance Dredge Area are shown on Figure 4. There are several overlaps in the dredge plan footprints,the access channel location has shifted during each event. Figure 2 shows the approximate extent of the three past dredge projects and Figure 3 shows the ' proposed"Maintenance Dredge Area"for this project and future dredge events. Dredging will only be conducted if ocean disposal is permitted. Dredging will be conducted by mechanical method using a barge-mounted excavator with clamshell bucket. Once excavated, dredge material will be loaded directly into a scow for transportation to an ocean disposal location. RESOURCE AREAS This is a water-dependent project that has been designed, and will be preformed, using ' the best available measures to minimize adverse impact to the resource areas defined under the Wetlands Protection Act. The project consists of routine maintenance dredging in previously authorized areas to previously authorized dimensions. According to the ' Massachusetts Wetlands Act, the entire project area is classified as Land Under Ocean (LUO). ' 1. LAND UNDER THE OCEAN (310 CMR 10.25) Land Under the Ocean is defined as "land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and includes land under ' estuaries. 1 ' Lparticularly UO, the near-shore area, is presumed significant to the protection of ' marine fisheries, protection of wildlife habitat, storm damage prevention and floor control (3 10 CMR 10.25). According to 310 CMR 10.25(4), "maintenance dredging for navigation purposes affecting LUO shall be designed and carried out using the ' best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity,the smothering of bottom organisms,the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. ' Projects not included in 310 CMR 10.25(3)which affect LUO shall if water- dependent be designed and constructed, using best available measures, so as to minimize adverse affects on marine fisheries habitat or wildlife habitat caused by (a) ' alterations in water circulation;(b) destruction of eelgrass (Zostera marina) or widgeon grass (Rupia marina)beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including but not limited to, other than ' natural fluctuations in the level of dissolved oxygen,temperature or turbidity, or the addition of pollutants; or(e) alterations of shallow submerged lands with high densities of polychaetes, mollusks, or macrophytic algae. According to 310 CMR 10.25(7) not withstanding the provisions of 310 CMR 10.25 (3) through(6), no projects shall be permitted which will have adverse effect on ' habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. ' The proposed project footprint is approximately 288,840 square feet of LUO in Salem Harbor. The area to be dredged is less however, because the access channel requires only spot dredging where the existing depth is less than-7 below MLW. The proposed dredging area is LUO that in the past has a soft substrate that consists of very fine slit and sand. Grain size and laboratory analysis of sediment samples have not been conducted at this time. ' Water circulation will not change because of the proposed project and marine productivity will not be significantly impacted. There may be temporary, minimal turbidity and/or dissolved oxygen impacts caused during dredging activity. These are likely to subside quickly following work stoppage. Since dredging activity will not be conducted continuously, overall water quality should not be impacted. The entire project area has been dredged previously. The area is likely to contain opportunistic benthic species typical of other dredged areas. The area should recolonize with populations of organisms similar to currently existing ones rapidly following ' dredging activity. Data from the MADEP Wetlands Conservancy Program(WCP) indicates no ' occurrences of eelgrass (Zostera marina) or midgeon grass (Rupia maritina) in the project area. Eelgrass has been mapped at the mouth of the access channel in 2010 and 2012 (see Figure 5). However, no dredging is proposed in this area because the existing depth is suitable. There are no shallow submerged lands with high densities of polychaetes, mollusks, ' or macrophytic algae in the project area. According to National Heritage and Endangered Species Program data available through MAGIS, there are no specified habitat sites of rare vertebrate or invertebrate species in the project area or surrounding areas, as identified in the procedures established under 310 CMR 10.37 Adjacent shorelines consist of permitted seawalls. The structures were in existence ' during previous dredging events and were in no way impacted by dredging activity. Thus the proposed dredging activity is not likely to impact the structures or surrounding exposed shoreline. The proposed project will be performed during the dormant fall or winter months. The proposed project will take approximately three months to complete. Project activities are reoccurring based on high water thus will not likely significantly affect the resource area's ability to provide feeding, spawning or shelter areas to costal organisms, or to buffer the high-energy effect of storms. 2. COASTAL BEACH (310 CMR 10.27) ' A Coastal Beach is defined as an area of"unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Though there is Coastal Beach present surrounding the project area (Shown in Figures 2 and 3), the project does not propose to dredge any Coastal Beach. All areas shown on Figure 3 as Coastal Beach have been replaced with granite block, concrete and/or riprap seawalls. 1 3. LAND CONTAINING SHELLFISH (310 CMR 10.34) ' Land Containing Shellfish is defined as "land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish." Land Containing Shellfish may exist within the intertidal and subtidal ' areas, which include LUO. Land Containing Shellfish shall be found significant when it has been determined and mapped as follows: by the Conservation Commission or the Department in consultation with DMF and based upon maps and designations of ' DMF; or by the Conservation Commission or the Department based on maps and written documentation of the shellfish constable or the Department. In making such identification and maps, the following factors shall be taken into account and ' documented: the density of shellfish, the size of the area and the historical and current importance of the area to recreational or commercial shellfishing. ' Currently, no maps exist which identify the project area as significant shellfish areas. DMF maps indicate that this area is and has been for many years closed to shellfishing due to high bacterial contamination. Massachusetts Geographic Information System (MA GIS) data indicates that the southern portion of the marina ' basin is suitable for Blue Mussell (Mytilus edulis). Small quantities of Blue Mussells were observed attached to the piles and floats. Since Blue Mussells usually attach to structures it is unlikely that they will be affected by dredging activities. Soft shell calms (Mya arenaria) are shown on Figure 5 to be located along the tidal bank of the project area.No dredging is proposed in these areas. All other MA GIS data does not indicate that the LUO actually contains any shellfish(See Figure 5). ' F. SEDIMENT SAMPLING AND ANALYSIS ' A sediment sampling and analyses plan has not been provided by ACE at this time. ' G. ALTERNATIVE ANALYIS Three alternatives have been considered for the project. The first alternative is "No ' Dredging"; the second it to dredge a larger area and deeper; and the third option is to dredge to -8 feet below ML W. ' No Dredge Alternative The "No Dredging"alternative is not considered a viable option because it would not improve access to the yacht club at minus tides. ' Larger and Deeper Alternative The larger and deeper alternative would consist of dredging a larger ' footprint or to a greater depth below WW. This would provide easier access but would disturb a larger area and require additional permits. Therefore, it is not the preferred option. Minimal Alternative The "Minimal Alternative" is to dredge the channel and basin areas that ' would allow the existing boats to access the float at minus tides. This is the preferred option because it provides sufficient access and minimizes potential impacts to the resource area by both dredging activities and ' subsequent boat traffic. ' H. DREDGE MATERIAL DISPOSAL Dredge material generated during the past three dredging project at the PCYC have been ' suitable for ocean disposal. The proposed dredged material is anticipated to be suited for ocean disposal pending approval from the ACE. However, a sampling plan has not been developed or implemented at this time. I. PROPOSED MITIGATION 1 The proposed project has been designed to minimize impacts to the surrounding ' environment to the greatest extent possible. The entire project will take approximately three months to complete. The Time of Year Restriction will be imposed on the project and dredging operations will be conducted during the dormant late fall and winter months ' when there is the least amount of marine and plant life activity. J. PERMITING Permits required for the project include obtaining an Order of Conditions from the ' Conservation Commission, a Chapter 91 Permit from the MADEP, a 401 Water Quality Certification, filing a Environmental Notification Form and an ACE permit. Research of previous dredging project permits indicates that an Environmental Impact Report has not ' been required in the past. K. CONCLUSIONS The PCYC is proposing a dredging project for an area within Salem Harbor. The project ' will provide safer navigation into and out of the PCYC marina during low water, reducing the risk of grounding and potential releases to the environment. The project has been designed to reduce any adverse impact to the surrounding environmental resources to the greatest extent feasible. The project consists of maintenance dredging approximately 25,000 cubic yards from a preexisting channel and basin to 8 feet below MLW. The project area is 1,375 feet long and ranges in width from 100 to 450 feet. The proposed project will impact approximately 288,840 square feet of LUO in Salem Harbor. The proposed dredged ' material is anticipated to be suited for ocean disposal pending approval from the ACE. The project area has been dredged previously on three occasions. Previous dredging activity was used to establish the dimensions of the project area. Due to the fact that the ' area has been dredged on three previous occasions, dredging activity will not likely seriously affect biologic activity in the project area. 1 1 1 ' APPENDIX A ' WAR DEPARTMENT d A 1°/oTD.-It to to be understood that this instrument does not glue any property rights either isreal estate or mate- ' �pf or any"elusive privileges; and that it does not authorize any Injury to private property or invasion:of,private i;rtghte,or any infringement of Federal,State,or local laws or regulations,nor does it obviate the necessity of obtaining to assent to the work authorized. IT MERELY EXPRESSES THE ANENT OF THE FEDERAL GOVERNMENT 80 PAR'AB.CON- P CERNs'THE PUBLIC RIGHTS OF NAVIGATION. (See Cummings v.Chicago,188U.8.,410.) ta-,ete8-.i^ PERMIT United States Engineer Office.. New England Division, 31 Ste Jame Ave. ' The Commonwealth of Massaohusette Boston .lf@,rp �s- __19_DepQtj$;-, 1946 . Department of Public Works /j/RkC/��i�j ar Division 001Nashuaf Set Waterwaystt pul')6JY� �� 'l�lVls/0,�or�JllC /{},Sff ' Beaton, Massachusetts poec�,f tD l}(� Vii, 1946 �kNN,+AYq S Gentlement r,,=),,+j 6. / �� spa +n Referring to written request dated , 9 Deoember�'1946, ' I have to inform you that, upon the recommendation of the Chief of Engineers, ' and under the provisions.of Section 10;of the Act of Congress approved March 3, 1899, entitled "An act making appropriations fortheconstruction, repair, and preservation of certain public,works on rivers and harbors, and for other pur- poses," you are hereby authorized by the Secretary of War, ' to redredge a channel approximately 1,800 feet long by 75 feet wide and a basin (Hero describe the proposed structure or Werk.) 250 feet long by 230 feet wide, both to a depth of B feet at mean low water ('the dredged material, estimated at 8,000 cu, yds, to be deposited at sea easterly of a straight line through Halfway Rook Beacon and Bearing NE 4 Ne' .(Mag.) to Middle Breakers and southerly of a line bearing.East (Mag.) through Halfway Rook Beacon such depth of water that the least low water depth over the deposited material ' (Hera to be named the neer,harbor,or waterway concerned.) shall be not less than 12 fathoms) in Salem Harbor, ' at Salem, Mase., giving access to the Dion Boat Yard'in the cove just south of (Heim to be named the nearest well-known locality—preferably a town or city—and.the distance in miles and tenths from some definite taint In the-same, staling whether above or below or giving dimcGoa by pointe of comoses.) ' Palmer's Point, ' in accordance with the plans shown on the drawing attached hereto entitled: "Proposed (Or drowings;give file number or other definite Identlflention marks.)' Dredging--Salem,Boat Yard--Salem Harbor--Salem, Mass., Application by Department of Publio.Works of Massachusetts, Division of Waterways, 1946" ' subject to the following conditions: L E M $2, lop y ;f 1 pp �z- 74- R F ;zp A --S N oc r . .1,,* Al . ..... Afl: A A 4 iot it N % r,-,.A 64 r EV, ?a NO PROPOSE GI AREA SHOWN IN RD TO BE DRESSED PALMER COVE w, Xf SALEM-0 -'Z TO A DEPTH OF 51% FEET AT NAL... w IN THE CHARMER. AND T1 EIGHT FEET MASSACHUSETT9 DEPARTMENT Of PUBLIC WORKS OF MASSACHUSETT9 k AT XLiW'I- THE BASIN I Ito DIVISION OF WATERWAYS OCT '10 SCALE MOSS A,ACC, O2E59 pF. p ' (Special Provisions) .1- No. 1393 ' SPECIAL PROVISIONS FOR DRGDGI14G =tf PALMM COVE AND DION'S BOATURD, SALE-i HARBOR, SALEVI i Work t,0_7P. Done ' The work to be done consists of the dredging of the channels and basins at Palmer Cove and Dion's Boatyard, Salem Harbor, Salem. Dredged material shall be transported to sea in scows and. disposed . of, as herein specified. f DWIL. The location and details oflthe work to be done are showm on a ' set of two (2) plans entitled: "Proposed Harbor Improvementsi Dredging Channel and Basin; Palmer Cove and Dion's Boatyard; Salem Harbor-Salem"; dated May 1954 and marked ACC. 03232 A &,B. These plans are on file in the office of the Department of Public ' Works, 100 Nashua Street, Boston, and are hereby referred to and made a part of these Special Provisions. General The Contractor shall furnish all labor and materials, tools, plant and equipment, end do all the work necessary to furnish and install and complete the work in accordance with these ' Special Provisions and the Standard Specifications for Waterways , Work dated May 1941. ' The Contractor must satisfy himself, by his own investigation and research, regarding all conditions affecting the work to be done and the labor and-materials needed, and make his bid in sole re- liance thereon. ' During construction the Contractor shall secure all necessary permits from private owners to trespass their property in the transportation of material and equipment to the work, and the ' Contractor shall repair at his own expense any damage caused by him to lawns, driveways, structures, etc. ' In doing the work, the Contractor shall make the bottom of the excavation as smooth and level as possible at or slightly below the plane of the required depth, but no payment will be mado for any material dredged from more than one (1) foot below the re- quired depth as determined from information obtained from surveys made under the direction bf the Engineer upon the completion of all the work covered by this contract. 1 1 NO TE roe of sfone §ke fo 6e ¢�6 �L{ c s /ocaled a min. ZS Ft ocuayfo Sh100c)rewara( Prow Sas insz ¢ 31 2Y�0' nrrb S `(� _ .' � 0 1C, //8' of East e»dsea 5P, Cb.l✓>aK � fo F i •Fence Iy � narb . wrnrYf m.:rw. Et.9.? = WINFt . Amer �P Cove .. F. TONE DYKE XE i.'1 -CTOE Q" ,SECTION B-B Scale 1'=2o-O z � LoCRT/oN _ � r rem USC*C+S CM."240 L h� HET4 qND M 1 ER 5.7.' pROp \ 4a a �R P }� r OW 4 , " virr CSE ,• ,fit ul � - 3 . ti Q ue /Ale. . Of BL DG Q _• gt. N '�` '� ,. t er Fe�`e~! �z.g � 4 f 1 At V '4 ?It G � h+E \ M' tC .•. 1 yLrSuIX Xd. ti fa 1 11e �pf� nc n'IpS.A�'4p Plan accompany1 9 0et/f/0n of SHE TLAND PROPERTIES 1 to consfruce a 5/one dyke on ,o/ace solid {i// /n fide wafers of . ,SAL E M HARBOR '" � SAL E M MASSACH USE TTS MAY 1966 r 1 1 THE C031MONWEALTH OF MASSACHUSETTS ORDER ' WETLANDS PROTECTION ACT 1 G.L. C. 131 s.40 FILE NUMBER: 64-55 PROJECT LOCATION: 74 Leavitt Street Salem, Mass. 1 TO: Palmer Cove Yacht Club CERT. MAIL NO: 74 Leavitt St, Salem, Maes. 01970 RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY Nov 30,1979 November 23, 1979 CONSERVATION COMMISSION. 1 DATE OF PUBLIC HEARING: February 14 1980 Pursuant to the authority of G.L. C. 131 6a40, the S 1 ron=Prvatinn ron4=cinn has concidered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be 1 done is significant to one or more of the interests described in the said act. . The Slr i i i hereby orders that the following conditions are necessary and all work must be performed in strict con- formance therewith: ' CONDITIONS 1. Failure to comply with all condition stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. This order does not grantany 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 neces- sity of complying with all other applicable federal,state,or local statutes, ordinances, by-laws and/or regulations. 1 4. The work authorized hereunder shall be completed within one (1) year from the date of this order. The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said Issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be,clean fill, contain- ing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks plaster,wire, lath, paper, card- board, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of 1 the foregoing. 6. No work may be commenced untill all appeal periods have elapsed from the or- der of the Conservation Commission or from a final order by the Department of Natural Resources has elapsed. 1 ,.D„ 1 1 1 1 1 1 ' CONDITIONS CONTINUED PAGE 2 FILE NO. 64-55 7. No work shall be undertaken untill the final Order, with respect to the ' proposed project, has been recorded in the Registry of Deeds for the din- �. trict in which the land is .located. Copy to be furnished to issuer of this Order showing book and page. a. Upon completion of the work described herein, the applicant shall forthwith ' request, in writing, that a certificateof compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words,"Massachusetts Department of ' Natural Resources, File Number 64-55 10. Where the Department of Natural Resources is requested to male a determina- tion and to issue a supperceding order, the Conservation Commission shall be the party to all agency proceedings and hearings oefore the Department ui Natural Resources. 11. The work shall conform to the following described plans and additional conditions; a. All work shall be in accordance with the submitted 'plans, dated 11/20/79 and revised 1/23/80 signed by Arthur H. Buckley. b. All proposed dredging shall be permitted with the restriction that ' dredging shall be done between October 1st and May 31st. If dredged material used for fill on this site causes an odor it shall be �. covered by a 2 inch layer of sand. C. Construction materials or equipment shall not be disposed of in the harbor. d. If the timber in contact with the harbor water is to be treated, the preservative shall be non-toxic to marine life. 1 1 CbNDITIONS CONTINUED PAGE 3 FILE NO. 64-55 The applicant, any person aggrieved by this order, any owner of land abut- ting 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 appeal this order to the Department Of Natural Resources, provided the request is made in writing and sent by certified mail to the Department of- Natural Resources within ten (10) days from the issuance of this order. - ' ISSUED BY SALEM CONSERVATION COMMISSION p. C On this a fr \) _ day of 19 9�0, before me personally - appeared VC) to me known to be the person &eSCV1bed is and who executed the foregoing ' instrument and acknowledged that.he executed the same as his free act and deed. My commission expires:. 1 i .a nil'! +e an titina�6=n80?429:' iblt8'9P11i� a -F 11 ". 1 ALnnR,,i,Appikfanan�iD✓^" n,nw9 bYMT�d�l6 itii4;i'� ' !.P;.. !r1.Y/Ivan:I VIl oI W,ul"o UGIa d,I,.r..I ',I yv:•,V.enr IMO N:Glnelt lnynl<.r 11111'rrvrq Nlnlnry .e:n.m,nlOa lu 70.41^i lI ;:ea:u,.l.yyj abf pflplleiri["�rB4' plot. Bnvirw otlallity'- teat yr Division clenAaterwayfo 0,1 %;,(yc: .w.!Ic:,O pal.au..Idreaunc Yl mawron..... Ldf tut n9 a Aorl 1981 ,.'.�+.trvb,d,Ef(0t1lrY6Dele rl'•••x ,h man rrnT , '•.Ar^f••p•y -q.rlrril,rSll NJn V:'••• •:'•C'. . . .. ..rte •bl.:bunts .m IC r nl4n t.r:.r.I:r..ytAm IM1I xr.b•ylr'r:b rexpiretlN'D_ite(It applicable) ,.' ...l..,r.., .....r..r..1.,. r....r.n....tn�;,. ,u ' -. •.. ' ,8•n rr.l l'. .. ru r: "• Contract, M.quffi.•.aInro"r,DA.0 H3ti1:I Tr,d00Z6:. .D+mAi• l 1 "0 1 • ,,.t'n„ nyJ.aAl'd ••n 1. .c:x•0,11,rl DEPARTMENT OF THE ARMY PERMIT.:: . . ' "" ".' ... yfileril'Ip�o w'diliriiouonl daliE " 25 July 1980 .o.rr•.r•I01,.4 giika te! •r1::.,.xr ,,, :yn1 ;e .. .- .. ... .:....rr...rr.....,,.,.,., r..,... 1$1 Pnlo,m wWa In fir OIIK11n0 oYiWl,b waiao of�Ihe Uo11s0 Slates,dPon Iha racpmmaMadun nl'iM Chii+Of'Engl,Mn.put0Wn1 toiecllen to of Nenin,t and 114,1RISACI of Mwe112.les9122 UbrC.A0.Tlj; ,..,,,, ".V-,. :;rrr••r,•m •u Ir 1 1 1 DiKherge dndpod ar fill rna,eriai i"10*1114116 01 the United SWIM upon the Wwnn of i piiinit)i'M",1 the Eawlary e1111rArmy ,,.,,, „;uhny!f!f?"C(!IN Cj17t1 of Err@newl gl,wam ip 5K1ion<W„,of,+tlelF�dlrU�wj,P.o1Wllon Cw�bol M t�6 tju,4 ata,P.1,9750a1;: '. '.•...0 d(1 Tnn,ppri dnedpld malsrif/1M IM purpose of dumpNp 11 ln0o ocvin„ 11 gpprf Iowan Ofap !fnorn l(,rieKialm,n 0, ' AloneKdny thasagh the Chief of Engineers,Mosel to aeelian 102 pl 'LlNlib'bretKllpi;aMfItI1 nota Bii,ctYWlas Aq 017972 I,,.. :. . ,. dea SHGlo5l:,P.L•,92.5321:. . .litass. Dept. of Favirr,.Quality':Bngaaor,•:r;,n•.,en 11.•r .. (Division of Waterways) =144 Gene Cavanaugh. ..:... . I�•, • w �1 • - 1-11 Winter'Street-'7th•-*floor • :,..r. ,:r^. la:• ' ....+ Boston, Hdssach"atte;"02110?Ir,rL-r.4.: ;rr',,r•'• •:•r .M nn•.. r l 1 p..l 1. :.r y t I y,,,y„,41Jgaet aulhy+I,eJ 07,the el. an uriM Army: „,. 1 1j !MI dFgd$e.a,,channel,and.basin 19751 1on6 FP,inB, in,yidth,f1 Qm,k00;1 ;to 300' ' ” ""r'•,1,•-ao -81„mean'3ow water.- The material,•r40;000••cubiayarda of•sand.•and,silt'will t� bd'1'removed'by•clamshell or'bucket dredgeeand traiteported"tiy acbws'`fbi3'41apossl O•,I -` . at,rtbe,tirrblehdad'QIImp.Site. . . .. - , , ..,. , . ..r.:r, r .. •.. � ' 'Tke"Haiblehead Dump Site is about 9.4'nautical miles•oorthilast`oUBaetan '-�-I1 . . ,Lighted..Horn Buoy B.within a circular.,area,about.,2..nautical.mllesaq,dismeter •:,whoas center -is at the intersection of lives•boaring•719. (TRBB)•410M.Boston SII Lighted' Horn Buoy B and 1120 (TRUE) from Marbl''ehead"Lighted'marked-,by;Hess Bay ;lighted.Buoy.Awhose coordinates are'W. 25';,42!',•Horth:,.leEirtude',;'eulj',.700'34' 00" longitude.• It is marked ae'Foul Area oa.U.S C 6 G.S Chart 43267 Saleib Harbor ,. ., ...r...,,.. ,.. .;;, :.r.. .,, ' at Salem, Massachusetts ""''"""" •' .In.onwJaoca will,111.PtenwnJ dnwlnM Attached hnt o which no wLrNP Kfd N and mad.a Pm ter IN. fmll(un tlrerbM:liw ... ,. Ilk numbnu,uihwdnnn{l.idlphfkniupmnbd Pians eatiele� .'Pzopoeed:Harbor„ 'rovemears •.. . ,Maintenance Dredging-Falmer Cove'in Salem Harbor-Salem-Ewes Cotmry;•Haes” in one sheet, dated "June 25. .1980". I.atonal CanditIms: ' e. Thai all Kti.dret idenwhed and nllhonjed herein loll be consistent with dv terms aUl eandnlem of in.,tanm.t.and that Any Ktnilin not Iand,coliy rdfnt,hird and fulhw4fd basin slot cGnaiilute a npbuon of the tadrh and eondOgne of this pr ooll whKh may IoW, m IM Taddieal,M.somnli o p,r.Mail"OI Ibis shunfl.in whole 0,In OMI.a MI forth,nor,fpnlhNng m ewgnl Condrhom 1 0,h harm,n.d..IN rmnlulnn 01 wth legal pron obrip a the United main GonmPnnf may eon ass,sadmomaN. " wnelhw M n01 the aMmll alai peen prevgYtly mod,httl./uyfrKad O,nVOatd M whOb M.n Wrl. ENG FORM 1721 COITION et I APR la 650BSOLCTEr 11101 1145.2 3031 sju',.`t IYUL.TI ■ 1 :�:' �:n' .`.^.lii�'L,. r. .5^a.a.,�. .rr,'.1.,. 1:..� f: ....y..•. s •qrt :�.1 . 94LEH � + EXISTING GRDUNo .r. r.Ho•. ' �1 UNITS OPS. 1r LOCUS To -BO M.L.W DREDGING j4 ' (ORBOGING UNIT) T • ^X VARIABLE v • • `b NOPRONYAL ISGO� '�T' VERTICAL 1-46' Er + Q TRACED FROM NOS. CHART 13267 TYPICAL. DREDGE SECTION (? I-GO oO V �Bo or YACHT cLUB LONG POINT mOW AFp�07 � -V,�.pttl►3 ' Mr C; •\ •X.c 4 a. DTsraw I �s ..�..�—• 1 �MML IIn, Ry t 4 -ea••. as SAt BEACH MARK il� ••.... -yD. D.M. IN WAIL a2 EL ,_3.e ARBOR m1:09 PAL-W. II'�I AREA TO BE DREDGED TO*8.0 M.L.W. ';-43 ' ' Aran!' ♦-6.S �S4 DAEDGING UNITS i•o .. SHOWN IN RHD -S.9 REPORTED LEDGE 9 X4.3 V t O V� PAGAIER COVE 4 gee MASONRY f PIAN . WALL £ o no tee 300 10-900' ELEVATIONS ARI IN PEET AND. TENTHS ABOVE PROPOSED HARBOR IMPROVEMENTS ' "0 PLANE Of MEAN LOW WATER.NINUS PIGORSS MAINTENANCE DREDGING INDICATE DEPTHS BELOW THAT SANS PLANE.. PALMER COVE /N SALE/.f HARBOR 40000 C.Y. OF DREDGE MATERIAL IS TO BH SALEM PLACED IN SCOWS AND O-SPDSED OP WITHIN ESSEX COUNTY MASS. THE UNITS OF THE EXISTING DUMPING SITE ' AT.2=23L42"N, 70'-94'•OO'W (2 N. Ml. APPLICATION BF 01AMETER). (Pout,. ANEA) DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING COMM OF MASS. — DIVISION OF WATERWAYS JUNE 25,1980 SHEET I OF.1 ROBERT A. BRAMAN ' CIVIL ENGINEER 9 -SURVEYOR ACC. NO. 05154 WAREHAM,MASS. y 1 I ' APPENDIX B 1 1 Par Awmaw�w. 1 I cewt* Adv4 pim ha Agen oRM OKO CRW ftVAU 1 p�� 0 p .0 �a pare .sPEP6 eau4T PG.mV d'! � aeizs A!O E5*35 ' AREA A,8,C, I/MZM LaWSE 9r PALMS4- NO S 3 ^ B CTWE 'Cffr cua 7AlL: FRa`7 '0" cin' aFeadk>-r o.rrso AVG.!O,/?BD AREA,3,11k. ' u'C[eF ~aft. ' PLANS ACCOMPANWAK - PETITION OF PALMER COW -.�roKease weuc..• YACHT CLUB,IW 70-:JVMMAW WAL",Z[ bE O ti zo 4;; ' LEFT TRS ma- `y4y. Looms Pm eR9Y4 16ffttS�tJECN.3,3T&f..�TfO '3, i Awramh lYBb FLOATS A.KO PILES IMPALMSR s Awsrss ai f4w ' CoVE'. CI?Y OF SALE", ._' comalsomm E'5?6X cot wry,mA5s.. CNkF EIS 1 1 CCS ' 4't 17'4 t�.t1Y F -?Z3: , E Ile ��P� �: I 5 f£5 x3Zy F6©0.T n 10 6 �� 6X1514u F, co/vc-af4s,9. • '� nNfry l-6•N/GAY � � i Jz s_x .gw to m lL 6Etg L rFT TRAck,5.1-," t/'x 33-W- 57P£EL '�F '• ' 16'x Z8 FLo yT r2.-TB x217 F•t'•DrfFS a a ��� .bi xN et�,•tv, - ' �pL4l�j�'�l^ny��}a ���' �.Y p� ).� /�.._..�r.� �y-i pCyE-��S�F.sA"FX--OF F'JpN��.rl'�niYp �y��]t�ilpe ��GV /x�gyl� v � /w-Fr R r•_.,:yT/ CLWR'Y a l3sb...4!G L Y/-.. S�QEB� /r•i� 1 / tr °ffis a` a# mf fkl4&f 00 1 � 1 Al 7 5 W - _ 322.23` 1 - 1 vn txtast6Y.fx P^ESP1tT3 T-:5 t..Z�_.. FL(2AZ5'�" I I 1 1 a $F SXISTt VA= ROMW I y V Q ie grsfe°' F q� I �r� -X- 8 ao z-5 cep' 1 -. EYrsrl:r€G .FLfIAYS� fiL:4RT5 . a I I . .._....-. L1 I i g1 legs �� E 1 P ITIO O t�vu mg C . plow 40 90 Am FX j arzt �t 4� � c�t� 1 00 ' . �'tLr9Pf#s FRdVE Lt€rTITArtaS 41 ----: k a9 014: 5'7 c.6. ;9orm mwt&s ' .vSEC'r/J'%iY...'A' //14r SPT : H• /IN: W7. EX/37 Woo D£ck EXt3Tc Ip_ SPP�••' �7G tPl OM. ' awt ti i1E' P/t 3 Ftlf.W C—L.9 mD Pvj -- 5- I -� I It !O o—Mlw p II I it SECT/ON 'B' V= /fa =BFr H to=torr. EXIST G DE[K EL t3:.B se�xr Ed/3PG EW E _M If— 3[CW,— ftwm WWL EX7SrG.P'tLES �" 0—MlW ' C SECT1041 C ' : U=11&z&OvT -H= i tl =t©Fr UM-WE Km Na -7" OWUM Enerttmt6'{fie Fi©8. lmlt7 z/,/481 PLA/vs AcGOMPAAlrA1G ' P6T/7'/OAI CK PAS.AJER COVE VERT. - YACHT CLUB,/qtc. c4TY LIF SALEh/. E•SkSEX COUNTY, MA- 3.30.91 i Yf/J' FEB-15 yR 1• ! ,J orr PALMER S COVE �� AC ;," YACHT CLUB, INC . ❑ o 0 SALEM, MA . o N RIP—RAP ❑ PILES ADDED 1211 183 ' EXISTING TRU � .rARESHAD D A SHETLAND PROPERTY M , H , W . INDIC TE 50 0 100 EXPA SION 157 ' SCALE IN FEET — 203 ' = LEVITT PROPERTY STREET LINE ( M . L . W . 4 cons ma IS ING CLUB 177 ' BUIL INS & RAMP Ems 20 ' I 45 THERIAULT 1 16 '-2 —o =�=0 1 1 b '9 M L . W . S . PROPERTY PROPERTY WALL M . H . W . CITY OF SALEM a SHEET 2 OF 2 IE � d $ v eta ' ,.. s oJJ '�•Th ��for � < BJP `,'•'''� -•' "..'� ' 101 +.`c m . !zm, {��-(a�ii� `God Rd�.o •. y�. .� � A N. ci r �� �f� T•i. ,n �. s I l . G A m O v1"•� ` r. ,� In:,' Ufa u} - .0 �o .0 �aV �' ti - Ji• .n �Dt 01 40 Ila "Ma fl y a5F `•�^. ,x�x•a `.wp ryry� •' x o r � yap, 3a+ �,,.,.✓3 � .�ii f'A_Q � i �' �bT ��%r s 'O D \: y `xs" 3 . y.0,�# O.iQ� w Z a `'d� »Q '.❑ J Ql O`er = ,-Q' � �� ' •,'i �� lsSS� '.. at��e. �\Si�N�"�n. �. t� ,nc O_•d V...jy= � 1.` rfy��'�'��yki� nv'` .)' `a�,,�1\I• u ,:d ai y" { a ' c 9. � 4� :1 �€tlo .r»,� 3' t �2cd Sc L`"F,3j �"� t ;Fa }•�' a '��'•�, ar,"�fS [.4. ,!'_s �Go�,a. t'^ � eL [ dill �� ••> Cabo[St 2. � '� o ' � � C.��'e� Ib� 1 N r_ ' OU . 7 �` �. D'•? Jnvac `11� S al1�4�■ El a(il, d:�3a'N^p�S[I.YII-L C5} l • ❑ a� ;;+.. r•:' �+#� ..„ ^1. e.r t ..r r! ♦-1•eC.Cr//, a 4Y, M1° t!ry t.. o, U [ i a' Q:M —_1'] M,� N`�A. .. 14 � 4 SJf R • DTT , Il 6 f ,^. d^buosia a5 11 y � r !� �. •r � • �� l..+Se. �=��}m �(D . �I.d11CAi � ��'�� ' � I°,.d. 1 -—PROPERTY LINE - BUILDING SWNDINC EASEMENT g 1946 APPROIEO LIMIT OF DREDGING - - - - - - 1954 AGPR04E0 LIMIT OF DREDGING _ ' 1960 APPROVED LIMIT OF DREDGING OGS CHANNEL BUOY - W- MEAN LOW WATER APPROX.-LOCATIONS OF SMUCNRES SHOWN ON 1960 OR 1991 CM 91 PERMIT NOT INSTALLED. as 2 g > fy y I ay A TO O / STRUCNRES INSTALLED NOT SHOWN L I y 0. 1960 OR 1991 CH 91 PERMIT J _ _ ' - ➢ C PEFMITTED AS 1W SEASONAL FLOATS _ J m m N LA y SER,4 L MUST < N ,,. C WA APPURTENANT TO ROBERT L L,{PpINI TR UI DIE SUB.£CT PAFC£(OESC4/B£D IN M LA DEED 9DDK 1107 va6E Jre LEAVITT STREET - S y - - - ' --- _ T 16126 RECOPOED LANG v£u/ar, D N/F. No. l '£NGF I GATT RECISRR£0 LANG IIA \- ✓04N A. &ANNE C I N/F LOT B P ➢ Y � . UNGER I STEK N LC CASE SJTB9 LOT BI Z - LIN- LLOID ONE RECQPD AREA LL CASE 53289 I.r KENT j W STOR J89TISSF �I �tr ff -Nb a %z 97 n' WDro dlE LAN B12 e 2 AvUd „I `9iI COhL oN - '.i.f 3 ay T PLAN J PAVJAENT) - C BOAT P4Kltapt !y ] 3 9 °y, MUNCHKIN REA<TY R£CQ40 AREA. / SDORACE JU _ T p RT I MUST 9.5123SF I a� 2A r N A. ONGER, M AT Q ONE A y NA e` �y.,an Je fYf y , STORAGE IN SJOR >fI SHETLAND (RUST �� 'Y J .-' 36 ;S W d WOOD NI ROBERT L LAPP/N, 7A Q zP e p /. y ll SHERANO IRUSF APPA0XIMA. LIMIT OF 1960 s ✓ , /�°� _ / z. aK 8 L� ROBERT I. LAPPIN. >R W r i D ORFOGLNC TO d0 BELOW MLW PER = 3 iI 6 WE STORY d. a £METING � ' Ino DEPARTMENT OF INE ARNP PERMIT ) T5 e L " `CFJ NNYL�y (f 80Ai I' a2 IB i5 F i V4 fie/ T:z W. ADED ISTAPAGE), p 30-DRAIN PIPE W1 1 /T SLOG TIDAL DAT ! / e 0/NCY RACK 2.92 ' RA6 I CPN DISCHARGE INV--2 ? - f z .a o Gale Desaipnwl '_J o T{yASN T- - 6' G APPROXIMATE S R4 1>'� / L NOW Oq F-DERLY IBOA 3 NIDE 1 Bxi6 ROA A) o S Iy Revisions LYTY pF SALEM IRAMP � CNG4YAY, LIMIT OF 1954 CHANNEL S3 a y -z- DREDGING TYPICAL Yd e 4•NOOC \ P / _ �FlOFT = '3 SS_� VL4.^�'w.z APPROMMA>E -+ �J3 t- e�„i a I { _ f 5� f1; i GANGWAY a. / Pp LIMIT' OF 1946 .% f ) IA 5 DREDGING zi y 3 RE 11'� 1 / / . y rYv / �_ .?, zr>r•' 7 ��� s w� -s '� s i 7, 79.e 1 e .o- 1 7 1h It �} ^ ¢ 17 uv" _ / s Vii✓ a ..meq v ea S yr .z. �: `.�a-w Sq L� I�Tf LI � ' DISu ef e¢ e I\e' T ¢z "IL 24-DRAIN P/PE CHARGE W aT t \ [ _,b.q�#eIaI11(^t.7• A g#,S ' ¢ �e � 5 ' yy� 11 zJ G,mw.Rom1awEawtrhOcvA6AmRLrIrNLMeTeQAFamTIDFmcSAaa:N„ YrFcl,�aBwYm,rm1m®mrrs£wAw,5am0llOmriwllwE8siwmcaewsmFeCwox9m6nJaAr1arIARrmLLa4ur1HwE T 3 Griffin s'�Rh#M\\a'�q\\ v �. \ 1 A'"�q`l � _ T '%'t ° ✓ - zvauBFWeannmlmwrAtnuc>Enmsnuwrar xsaxeme...K - Engineeri ng(muP' LLCs 1 DRILL HOLE aj S z M AMxJmAAamram»nncRx6lwammBwm¢isawswuAmolnmr4Airmm¢awwrtraas 495 C:a- ot.2 Ad BOM*MA 01915 SEE GENERAL NOT/6. Fbw ..� amnmrssal�u®wnolttTeez'm6mawrowmevoumtwre' Tel.97&927S111 � i� iQ.e �%”. et L 'iy raawaw/.m.uwwl/mmwaiw n¢wwmt�rosniw¢1�m - Fay:9)&92]5103 1#A j\ ! � i � s �,. : wsuwrvxms nAl[nAmcrox9wnrssare6wrw'ruo nuwrs lrt awAw9romwwrT:mamN¢5Alwa.wwwsAlsmiwcmw.nw PALMER COVE q wAwwmnaalrwAemWWmmwAxaul9uWLwwawarormmn- YACHT CLUB. INC \q 6 ¢ \I¢ i y mHIMXASYlftl16 WL4iYY6fllJlRiIECWETALbLW M1S iLM1S A.$ a \ - n� ,6i /��, wwwAaccArrtAmemL4momr. 74 LEAVITT STREET ' ax9 SALEM, MA auu.ff,.wwmamwbcumamar•w.owsmwvmmmwmvertrns 4++v \¢ \/� _/ -5o y-yD /p 2 �*,hyo i' wwraurlrro®acwweru®.una®narwwromm�ru wuury `.. ,l,\ �� 1 .. �. Js qt\"' \¢1 ° l mX1�w.T.{wawNr6walwMAYdwmWAarwm - _ )� y� � '?sa - ?9. r+ . .r O"�¢ cmralwwmamw/uarumurarxwatcmMrewmmwxa EXISTING vanAlm r�meenas ro wxmcrA sm�arwE.um curs mw wa er ime ' `A \�j-c`_ d� �-°' Wnlalmawwxa9mmWrumsluAx�onMramwnna BATHYMETRIC FALMER'S COVE SALEM RARBOR aumaniv®awawssacumorsarawwmo�cw9>.ua®s - .CONDITIONS \ mleruxerw+aRL�rrwwacwwarsw¢-wanrcaswanxxnrs avza<.q alm9nma11vm GRAPHIC SCALE - g,�'¢ o Aima£wnwoiwmrmA•A•wllaWmmxmwwiur®lamlrsrnm -S�Ig I'-w' _ REFERENCE IS MADE IU - _ _ 9EYA11wYSwi16MWYMMI TEMmRTmwMIwmS®I - I\S ^I GUAGE OF A PERMANENTo H 01WiwIro9EnVIFI®IIIGMIIEmNwnrUS5D1MDI1awoNmmm FIGURE LAN l d-I¢T l _),e\t - USE EASEMENT DESCRIBED IN TATIm5ar1E DEED S"2JJ91, PAGE 232 1L.IAIls z ]ImE=6a Ie AND DEPICTED ON PUN llrm FlAMbI.VimlElm®roaEl9WmEIX4CIV.W9(IYwES MwGrt RECORDED W VTI DEED BIXH! ACIABIEIQPNM.p I1WmL418VwaFID[ Qat%11/23115 6865, PAGE 788'. - F' ,,D MNI NAMICNRNLE �.. . _ ORf9Gi N)G) INT \\\\\\\\\\\\\ \\ ES �� dCCF•5('MANNrI ARA \\\\\\ MARINE BA4N AFEA \\\ \\\ \vVAA\A 201 1151 SF .AAAAAA� . AAAA AA AAA AAAAAA A\ PROPOSED 2075 MAINTENANCE I�w I \ ' \\• DREDGE AREA l»- 7203 I I o n z- o JI n 2 1 - ry � m SHETLAND TRUST OS ~ _ ROBERT L LAPPIN nt y RICHT CF WqY APPURTENANT Tp THE w9 D PARCEL uE'scR/sEB IN LRAYJTT STREET V3 GEED BCOK 11010.. PAGE JIB j' - ' 167.26 RECORDED LAND Z m G. 9/6G y� \ N/F NCJ lI F_VCE C F(,y REGISTR2D2 LAND O JLWN A. &ANNE 5 N/F LDT B-T (/NGER I SIE ry LC CASE 51288 LOT BI U m I LLDYD CNE FECORO qFU= [C CASE SJ28B - ,9 C KENt m 'nB J6.92I3SF YI MOOO LOT h B-. d o/PUN BK Tl2 L \5i T. CNC ON EV F z LCf/C MUNCHKIN REAL IYa�. REC0.UPO AFEA PAL£MENT� BOAT W rto t3 JSg $i-s £ gt I' A TRUST \9.ST1tSf. O� ry SRMgGE� A N A LINGER. I \BOAT Q ON'E/ N/F ¢e - STpiq IW` BTOR I BER% L IRU STg- ' 0 4 ,V a arjpO f7- �ry'I FOBERT I. LAPPIN 'E J` p LJ I{�"' I W QW SHEP.ARYY NO (RUST ld rs� S .LOa ONE STORY 9'� EVSBNC /I a ROBERT I LAPPIN s) '{ YNOD A�� 1-STORY VNKV l Jy15 Y�elOC IMAGE p p DAC GA)E IoE W/- - 7 JO qJC.IIyPygqAO DINGY RFC✓ DISCHARGE MW-292 _ 3 ms's f'v . / v, / ' ..e No bete E... NOW OR FORMERLY IDOA a B5A INOE� 113'16 FtOAS) S GT1'GE SALEM !Rg _' a.x. GANGWAY ) 2 CHANNEL BUOY ; ,1.° y S ° / j�-,Y Je Revisions J 9na' © (TYPICAL) p ! - g .i0 ab . 1•cc - –ci .a GANGWAY z RB 11•D5 7 3, 77% 4 , �l<Vy a � ! t >.f s.7-IF a '. n� / � ar '; 7-z Ai '� � g r- _ a � '�� '✓ �s� �I vl , I9v{ as 41 V� , °9Y Ak - 3 /o / i �S a 9� Yff' is v r 1 ,-t '6 �a3^�'y• .., - k, TSS, V "'�. _ e 4 '2't i 61 0 oz 10'.DRAIN PIPE t \'�\\ 1 \l• ,y � 4 _ DISCHARGE INV=-204� 91 t1f\ � N I t a / �.6•tD° f Le e l z zyL s. 1 \S • 7 7 , '} s' g Griffin d IL t � 3 'r Engineering ` Group, LLC x -n�ATy . np o•Is� j,op °_ p64 _ !/ {• 495 Ce6of Sheet.2ntl Fbor ' DRILL HIXE Al b ! \ \� i f '�bq\ 1 z sq L p. p I , / / , PROP05EB 2015 Somi1y,MA 01915 SL£GENERAL NOlE P. \ \ f.s R'� \ 'd aO'\t 1 MAINTENANIX DREDGE fDOTPRINT Tel:97"27-5111 _ 1 -i.G.�„ s t Fax 9]8927.5103 IT es ao a �-� I. t L•E•-G•E N-D PALMER COVE p \ %`Lq\ ys�55�. ,.* 3f�l a i c°3• —PROPERTY UNE_ YACHT CLUB. INC BUILDING COVTOUR 74 LEAVITT STREET -- 1,2 -_ - BODN"'NG SALEM, ZONE MA .qL 1t\ 3 -4o y+!e`4 yy 3 --EaSEMENi d1 fr ocs cearvNEL Buor IL V"'Y dx '.d-rs4 e-L°/' ,93 ;u'° - __ '°• _ PROPOSED � --NEAN LOW WA1ER PROP MawT[NANLE mrEeLr saonwlNr MAINTENANCE PALMER'S LMER'S COVE SALEAr !HARBOR DREDGE FOOTPRINT - GRAPHIC SCALE - m d°0 REFERENCE lS MADE i0 $T�6 I•�9 UNGUAf£OFA PERMANENT ,�ypT FIGURE USE EASEMENT Of OLD IN 3 l 1eeL m I R DEED AND 2JJ91, PON 112 `/ ANO OEWN O ON BPLAIII OOK �� FELOPOED 65, P GE BOOK - - 6B6$ PAGE]B8 - �C 11HZ�/15 PROPOSED 1015 - .. NAINhNANIY DME LIMIT 10 B 19W ' OFEOGfNG FIBER GLASS (T w000 PlI£ TE, E .. ' 4 GRED G WALL LC(% £MUNE - . . . . . - LANE - UNE �-C=8On-I A.-e ox A.PA.P19P—{R6OhNOiaaR'wO£.OM•"_-rIA�TNGO_.FP-MIREtlAwNNA1i�8rI am EwD.v_.£E.nN io-w mI II L._'_Ec._.pamSTeItf.i�_ MRINI E_B.A9N ACw€oCni E82a6S p MIT 196 LPYLM_AA_I.OMT._ PI.T.QFNSEADNni11Y 01O5R£D:£._..-W. .._..AL... 'eI rn I._. _ I .�j'"•.._:__.'. M�rIE�AI NPSLfO.i'..X_.___W.II W WAOTFN-EfFAM8DR _ _ _ _ _LOWATER _ _ _ FLOAiS 2 (rP) CXL.TNG GRAPE q 8.0 t uNLow. WA -10 0+00 1+00 2+00 3+00 4+00 +00 6+00 7+00 8+00 9+00 10+00 aMIRP0T EIoEDsNGE_ AI_DNN. 1E 1D+II00 O IhIM"- I-T--- III6- 6 a6- .- Irdn' OI _-10 SECTION A—A1"=40'Scale: Horizontal Vertical - 1' = 4' 642 66 P MOW MN LOW 2 !r X.+ NG GRACE w -4 _6 -10 GRAPHIC SCALE 12+00 13+00 14+00 14+75 PS105 MNNNAN£DE 10 10 10 "PRO ID£GWFBER ttE LL=0N oKU YLXtaR�1:.1.v KneG-�v 2i1sO r-i eor's Ji lsp .. L a '1 n Gon90nLLCn9WUaO ollF(rm) 6 6 RIMON a I Ia 4 .0,e 495 Cabal W.1,2Ld%or OFP .wp 1100L£ PARTY 01915 2 15 2 t 2w94X A .... DREDGNG Te97&9275111 LOW MEANLOW WAR pNEAN _ _ Faz:87827-510 _ _ IOGOW M5..' -2 -2 LMAMWOMCOMIT FALSrNcGRAG (Tm) PALMER COVE YACHT CLUB, INC y MOWow 74 LEAVITT STREET -6 6 -6 SALEM, MA -6 -tn 10 CROSS-SECTIONS n F 11. 7) iO o I I i i i I I i i i i i i f i I 0+00 1+00 - 2+00 - - : 0+00 1+00 - 2+00 3+00 - - 4+00 5+00. SGGIG -.40 - ' SECTION B-B — ACCESS CHANNEL SECTION C—C — MARINA BASIN FIGURE Scale: Horizontal 1"=40' Scale: Horizontal - 1"=40' 4 Vertical - 1' = 4' Vertical - 1" = 4' 9at5n/23/15 1 1 Figure 16 K r rye r is JN y fes. Y ` 1] 11 � 116 Sys+�a - 60m A 1 DEP Seagrass Year Mapped 2012 1 DEP Seagrass Year Mapped 2010 IL ' ' DEP Seagrass Year Mapped .2006,2007 MassDEP Seagrass 2006,2007 w • Eeigrass a-_ Ruppia ' MassDEP Seagrass 2010 Z,�_, Eelgrass ' Ruppia ' MassDEP Seagrass 2012 ' MassDEP Seagrass 2013 4�• Shellfish Suitability Areas ' D'AM ERICAN OYSTER Ej BAY SCALLOP :'.; BLUE MUSSEL D! EUROPEAN OYSTER E]j OCEAN QUAHOG QUAHOG RAZ OR CLAM SEA SCALLOP i SOFT-SHELLED CLAM ' 'SURF CLAM Tax Parcels 1 ' Palmer Cove yacht Club Salem,MA Marina Float Structure Survey ' Location Main Piers Piles Floats Finger Piers Permitted Exisiting Permitted Existing Permitted Exisiting Permitted Exisiting Width Length Width Length Number Dimensions Number Dimensions Number Dimensions Number Dimensions ' Dingy'rieup 7 140 7 140 0 2 7 8X20 7 8X20 Float at Ramp 27.7 14.6 20 28 1 14.6X27.7 1 20x28 Total length 154.6 168 ' Main Street 8 247 8 241 13 6 12 8X20 12 BX20 14 2X20 13 2X16 Float at Ramp 28 15 32 15 1 28X15 1 32X15 Total length 262 256 0 1 5X8 ' Party Lane 8 162.5 8 162 12 15 8 8X20 8 8X20 12 2X20 1 5X20 Float at End 32.5 14.5 33 15 1 32.5X14.5 1 33x15 6 2X16 Total length 177 177 5 2X20 ' Middle Street 8 320 8 300 17 16 15 8X20 15 BX20 10 2X20 9 2X20 Float at End 35 14 35 14 1 34X14 1 35X14 1 4X20 Total length 334 314 Wall Street 8 190 8 184 11 12 9 8X20 9 8X20 14 2X20 3 2X16 i ' 10 2X20 2 5X20 2 5X20 Lookout Lane 8 203 8 203 18 21 10 8X20 10 8X20 12 2X20 12 2X20 ' 2 2X20 2 5X20 1 5X20 1 4X20 ' Expansion Lane 8 183 8 183 11 15 8 8X20 8 8X20 11 2X20 6 2X20 2 5X20 4 3X20 ' Total 0 0 73 74 0 0 Witch Way 8 302 8 302 2 3 14 8X20 14 8X20 1 8X20 1 4X20 ' 1 8X15 1 8X15 Break Water 15 120 15 120 2 3 4 1500 4 1500 1 1 44 1 4x4 ' Dingy Rack 8 96 0 0 3 8x20 1 BX16 Total 86 93 166 172 78 79 ' 314 different than permited structure 'Permitted as Io A floats Unpermitted Structures tDimensional changes 1 1 1 1 1 i i 1 ' ATTACHMENT B o �y co Ca C a d 6 a+ Z E a ri o+ N W f` a W ' E rd r� � n N a v F N m vi y 1 � O rd r� � E • � h.. � i F s� r • r l . 3 dl?"f�"� ice' �N. Ci It R , Jj rc s # ro Coligress-St t. O a D W � Bw ZW n-1 w R t � d �C D r � d b v 2 ti Q O� n N m O n v W � N N m T � Gl F { 3 a u m J E N c b } 3 �^ J— '� 1 .P'".z congress Sr, �' � ? IF ' ATTACHMENT C ' Stormwater Management Report ' Maintenance Dredging of Palmers Cove Yacht Club And Chapter 91 License Application for Existing Floats This Stormwater Management Report is prepared in support of the Maintenance Dredging of Palmers Cove Yacht Club (PCYC) and a Chapter 91 License Application for existing floats. Because the proposed work takes place in Land Under Water a Notice of Intent has been filed with the City of Salem's Conservation Commission. The PCYC marina has been previously dredged in 1946, 1954 and 1980 with varying dredge footprints. The total proposed Maintenance Dredge area is 288,840 square feet ' based on an amalgamation of the past three dredging projects. The manna basin is approximately 203,115 square feet and the access channel consists of approximately 85,725 square feet. The proposed project consists of Maintenance Dredging ' approximately 25,000 cubic yards from the existing boat basin and channel to-8 feet below mean low water(MLW). The proposed dredged material is anticipated to be suited for ocean disposal pending approval from the US Army Corps of Engineers (ACE). ' The proposed"Reconfiguration Zone"is includes the marina basin footprint and the Section l0A floats. The "Request To Retain Unpermitted Structures"includes a number ' of minor deviations from the permitted structures; two sets of seasonal Section l0A floats and the addition of several currently unpermitted floats. ' Dredging will be conducted by a dredge barge equipped with and excavator. Dredge spoils will be loaded directly on to a dredge scow. ' The following is a list of permits and filings that are required for dredging. Order of Conditions - City of Salem MEPA Environmental Notification Form (ENF) -Executive Office of Energy and Environmental Affairs (EOEEA) 401 Water Quality Certification- Massachusetts Department of Environmental Protection(MADEP) Chapter 91 License—MADEP U.S. Army Corps of Engineers (USACE) Permit- USACE MA Costal Zone Management Federal Consistence - Costal Zone Management(CZM) Essential Fish Habitat Assessment—Division of Marine Fisheries (DMF) ' Because no impervious surfaces are associated with the project and no stormwater discharge is generated the project complies with the ten standards outlined in the ' MADEP Stormwater Management Regulations. 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report ' A. Introduction ' Important:When A Stormwater Report must be submitted with the Notice of Intent permit application to document filling out forms compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for on the computer, the Stormwater Report which should provide more substantive and detailed information but is offered use only the tab P ( P ) key to move your here as a tool to help the applicant organize their Stormwater Management documentation for their ' cursor-do not Report and for the reviewer to assess this information in a consistent format.As noted in the Checklist, use the return the Stormwater Report must contain the engineering computations and supporting information set forth in key. Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and ' e certified by a Registered Professional Engineer(RPE) licensed in the Commonwealth. The Stormwater Report must include: • The Stormwater Checklist completed and stamped by a Registered Professional Engineer(see ' page 2) that certifies that the Stormwater Report contains all required submittals.' This Checklist is to be used as the cover for the completed Stormwater Report. • Applicant/Project Name ' Project Address • Name of Firm and Registered Professional Engineer that prepared the Report Long-Term Pollution Prevention Plan required by Standards 4-6 • Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required by Standard 82 • Operation and Maintenance Plan required by Standard 9 ' In addition to all plans and supporting information, the Stormwater Report must include a brief narrative describing stormwater management practices, including environmentally sensitive site design and LID techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types, ' critical areas, Land Uses with Higher Potential Pollutant Loads(LUHPPL), and any areas on the site where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for both existing and proposed conditions at a scale that enables verification of supporting calculations. ' As noted in the Checklist, the Stormwater Management Report shall document compliance with each of the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the ' Massachusetts Stormwater Handbook. To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report Checklist by checking the box to indicate that the specified information has been included in the ' Stormwater Report. If any of the information specified in the checklist has not been submitted, the applicant must provide an explanation. The completed Stormwater Report Checklist and Certification must be submitted with the Stormwater Report. The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in the Stormwater Report,the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to the post-construction best management practices. 'For some complex projects,it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in the Stormwater Report. In that event,the issuing authority has the discretion to issue an Order of Conditions that approves the project and includes a condition requiring the proponenttosubmit the Construction Period Erosion and Sedimentation Control Plan ' before commencing any land disturbance activity on the site. swcheck.doc•04/01/08 Stormwater Report Checklist•Page 1 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report ' B. Stormwater Checklist and Certification ' The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily need to be addressed in a complete Stormwater Report. The checklist is also intended to provide conservation commissions and other reviewing authorities with a summary of the components necessary for a comprehensive Stormwater Report that addresses the ten Stormwater Standards. ' Note: Because stormwater requirements vary from project to project, it is possible that a complete Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is determined that a specific item does not apply to the project under review, please note that the item is not applicable (N.A.)and provide the reasons for that determination. A complete checklist must include the Certification set forth below signed by the Registered Professional ' Engineer who prepared the Stormwater Report. Registered Professional Engineer's Certification ' I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long- term Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement(if included) and the plans showing the stormwater management system, and have determined that they ' have been prepared in accordance with the requirements of the Stormwater Management Standards as further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the information presented in the Stormwater Checklist is accurate and that the information presented in the ' Stormwater Report accurately reflects conditions at the site as of the date of this permit application. Registered Professional Engineer Block and Signature 1 ' Signature and Date ' Checklist Project Type: Is the application for new development, redevelopment, or a mix of new and ' redevelopment? ❑ New development ' ❑ Redevelopment ❑ Mix of New Development and Redevelopment swcheck.doc•04101/08 Stormwater Report Cheddist•Page 2 of 8 t ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report ' Checklist (continued) LID Measures: Stormwater Standards require LID measures to be considered. Document what environmentally sensitive design and LID Techniques were considered during the planning and design of the project: ' ❑ No disturbance to any Wetland Resource Areas ❑ Site Design Practices (e.g. clustered development, reduced frontage setbacks) ❑ Reduced Impervious Area (Redevelopment Only) ' ❑ Minimizing disturbance to existing trees and shrubs ❑ LID Site Design Credit Requested: ' ❑ Credit 1 ❑ Credit 2 ' ❑ Credit 3 ' ❑ Use of"country drainage"versus curb and gutter conveyance and pipe ❑ Bioretention Cells (includes Rain Gardens) ' ❑ Constructed Stormwater Wetlands(includes Gravel Wetlands designs) ❑ Treebox Filter ' ❑ Water Quality Swale ❑ Grass Channel ' ❑ Green Roof ' ® Other(describe): Dredging ' Standard 1: No New Untreated Discharges ® No new untreated discharges ' ❑ Outlets have been designed so there is no erosion or scour to wetlands and waters of the Commonwealth ❑ Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included. swcheck.doc•04/01/08 Stormwater Report Checklist•Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) ' Standard 2: Peak Rate Attenuation ❑ Standard 2 waiver requested because the project is located in land subject to coastal storm flowage and stormwater discharge is to a wetland subject to coastal flooding. ' ❑ Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour storm. ' ❑ Calculations provided to show that post-development peak discharge rates do not exceed pre- development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site flooding increases during the 100-year 24-hour storm, calculations are also provided to show that post-development peak discharge rates do not exceed pre-development rates for the 100-year 24- hour storm. Standard 3: Recharge ❑ Soil Analysis provided. ❑ Required Recharge Volume calculation provided. ' ❑ Required Recharge volume reduced through use of the LID site Design Credits. ' ❑ Sizing the infiltration, BMPs is based on the following method: Check the method used. ❑ Static ❑ Simple Dynamic ❑ Dynamic Field' ❑ Runoff from all impervious areas at the site discharging to the infiltration BMP. ❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to generate the required recharge volume. ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume. ' ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum extent practicable for the following reason: ❑ Site is comprised solely of C and D soils and/or bedrock at the land surface ❑ M.G.L. c. 21E sites pursuant to 310 CMR 40.0000 ' ❑ Solid Waste Landfill pursuant to 310 CMR 19.000 ❑ Project is otherwise subject to Stormwater Management Standards only to the maximum extent practicable. ❑ Calculations showing that the infiltration BMPs will drain in 72 hours are provided. ' ❑ Property includes a M.G.L. c. 21 E site or a solid waste landfill and a mounding analysis is included. 80%TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used. swcheck.doc•04/01/08 Stormwater Report Checklist•Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) ' Standard 3: Recharge (continued) ❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10- year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding analysis is provided. ❑ Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland ' resource areas. Standard 4: Water Quality ' The Long-Term Pollution Prevention Plan typically includes the following: • Good housekeeping practices; • Provisions for storing materials and waste products inside or under cover; ' Vehicle washing controls; • Requirements for routine inspections and maintenance of stormwater BMPs; • Spill prevention and response plans; • Provisions for maintenance of lawns, gardens, and other landscaped areas; • Requirements for storage and use of fertilizers, herbicides, and pesticides; • Pet waste management provisions; • Provisions for operation and management of septic systems; Provisions for solid waste management; Snow disposal and plowing plans relative to Wetland Resource Areas; • Winter Road Salt and/or Sand Use and Storage restrictions; ' Street sweeping schedules; Provisions for prevention of illicit discharges to the stormwater management system; • Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the event of a spill or discharges to or near critical areas or from LUHPPL; ' Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan; List of Emergency contacts for implementing Long-Term Pollution Prevention Plan. ❑ A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an ' attachment to the Wetlands Notice of Intent. ❑ Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for calculating the water quality volume are included, and discharge: ' ❑ is within the Zone II or Interim Wellhead Protection Area ❑ is near or to other critical areas ' ❑ is within soils with a rapid infiltration rate (greater than 2.4 inches per hour) ❑ involves runoff from land uses with higher potential pollutant loads. ' ❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits. ❑ Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if ' applicable, the 44%TSS removal pretreatment requirement, are provided. swcheck.doc•04/01/08 Stormwater Report Cheddist•Page 5 of 8 1 Massachusetts Department of Environmental Protection ' 1 Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) ' Standard 4: Water Quality (continued) ❑ The BMP is sized (and calculations provided) based on: ' ❑ The %" or 1"Water Quality Volume or ❑ The equivalent flow rate associated with the Water Quality Volume and documentation is ' provided showing that the BMP treats the required water quality volume. ❑ The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary BMP and proposed TSS removal rate is provided. This documentation may be in the form of the ' propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying performance of the proprietary BMPs. ' ❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing that the BMPs selected are consistent with the TMDL is provided. Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs) ' ❑ The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution Prevention Plan (SWPPP) has been included with the Stormwater Report. ❑ The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior ' to the discharge of stormwater to the post-construction stormwater BMPs. ❑ The NPDES Multi-Sector General Permit does not cover the land use. ' ❑ LUHPPLs are located at the site and industry specific source control and pollution prevention measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow melt and runoff, and been included in the long term Pollution Prevention Plan. ' ' ❑ All exposure has been eliminated. ❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list. ❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and grease (e.g. all parking lots with >1000 vehicle trips per day)and the treatment train includes an oil ' grit separator, a filtering bioretention area, a sand filter or equivalent. Standard 6: Critical Areas ' ❑ The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP has approved for stormwater discharges to or near that particular class of critical area. ❑ Critical areas and BMPs are identified in the Stormwater Report. swcheck.doc•04/01/08 Stormwater Report Cheddist•Page 6 of 8 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum extent practicable ❑ The project is subject to the Stormwater Management Standards only to the maximum Extent Practicable as a: ' ❑ Limited Project ❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development ' provided there is no discharge that may potentially affect a critical area. ❑ Small Residential Projects: 2-4 single family houses or 2-4 units in a multi-family development with a discharge to a critical area ' ❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected from exposure to rain, snow, snow melt and runoff ❑ Bike Path and/or Foot Path ' ❑ Redevelopment Project ❑ Redevelopment portion of mix of new and redevelopment. ' ❑ Certain standards are not fully met(Standard No. 1, 8, 9, and 10 must always be fully met) and an explanation of why these standards are not met is contained in the Stormwater Report. ❑ The project involves redevelopment and a description of all measures that have been taken to ' improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that the proposed stormwater management system (a)complies with Standards 2, 3 and the pretreatment ' and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b) improves existing conditions. Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control ' A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the following information: • Narrative; • Construction Period Operation and Maintenance Plan; • Names of Persons or Entity Responsible for Plan Compliance; ' Construction Period Pollution Prevention Measures; • Erosion and Sedimentation Control Plan Drawings; Detail drawings and specifications for erosion control BMPs, including sizing calculations; • Vegetation Planning; Site Development Plan; Construction Sequencing Plan; • Sequencing of Erosion and Sedimentation Controls; ' Operation and Maintenance of Erosion and Sedimentation Controls; Inspection Schedule; • Maintenance Schedule; • Inspection and Maintenance Log Form. ' ❑ A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing the information set forth above has been included in the Stormwater Report. swcheck.doc•04101108 Stormwater Report Cheddist•Page 7 of 8 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) ' Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control (continued) ❑ The project is highly complex and information is included in the Stormwater Report that explains why it is not possible to submit the Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and Erosion and Sedimentation Control has not been included in the Stormwater Report but will be submitted before land disturbance begins. ' ❑ The project is'not covered by a NPDES Construction General Permit. ❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the ' Stormwater Report. ❑ The project is covered by a NPDES Construction General Permit but no SWPPP been submitted. The SWPPP will be submitted BEFORE land disturbance begins. Standard 9: Operation and Maintenance Plan ❑ The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and includes the following information: ' ❑ Name of the stormwater management system owners; ❑ Party responsible for operation and maintenance; ❑ Schedule for implementation of routine and non-routine maintenance tasks; ' ❑ Plan showing the location of all stormwater BMPs maintenance access areas; ❑ Description and delineation of public safety features; ❑ Estimated operation and maintenance budget; and ❑ Operation and Maintenance Log Form. ' ❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater Report includes the following submissions: ❑ A copy of the legal instrument(deed, homeowner's association, utility trust or other legal entity) that establishes the terms of and legal responsibility for the operation and maintenance of the project site stormwater BMPs; ❑ A plan and easement deed that allows site access for the legal entity to operate and maintain BMP functions. Standard 10: Prohibition of Illicit Discharges ' ❑ The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges; ❑ An Illicit Discharge Compliance Statement is attached; ' ❑ NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of any stormwater to post-construction BMPs. 1 swcheck.doc•64/01/08 Stormwater Report Checklist•Page 8 of 8 1 t ' ATTACHMENT D 1 AFFIDAVIT OF SERVICE ' Under the Massachusetts Wetlands Protections Act ' Submitted to MA Department of Environmental Protection and the Salem Conservation Commission 1, Luke Fabbri,hereby certify under the pains and penalties of perjury that on November 24 2015, 1 gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, ' 1994, in connection with the following matter: 1 Notice of Intent filed under Massachusetts Wetlands Protection Act by Palmers Cove ' Yacht Club, Inc. with the Salem Conservation Commission on November 24, 2015, for the property located on 78 Leavitt Street, Salem,MA . ' The form of the notification, a list of the abutters to whom it was given and their address are attached to this Affidavit of Service. ame Date ' NOTIFICATION TO ABUTTERS UNDER THE MASSACHUSETTS WETLANDS PROTECTIONS ACT In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, ' Section 40,you are hereby notified of the following: A. The name of the applicant is Palmers Cove Yacht Club, Inc. B. The applicant has filed a Notice of Intent with the Salem Conservation Commission seeking permission to remove, fill or dredge an Area Subject to Protection Under the Wetlands Protection Act(MGL Chapter 131, Section 40). The proposed project consists of mainenance dredging within the existing marina basin and access channel, creation of a"Reconfiguration Zone" for the existing structures and a"Request To Retain Unpermitted Structures" located within an area of Salem Harbor. The ' proposed dredged material is anticipated to be suited for ocean disposal pending approval from the US Army Corps of Engineers. ' C. The address of the lot where the activity is proposed is 78 Leavitt Street, Salem, MA 01970. ' D. The Notice of Intent may be examined at the Salem Conservation Commission Office at City Hall Annex, 120 Washington Street, Salem MA. For more information call ' (978) 619-5685. ' Information regarding the time, date and place of the public hearing may also be obtained from the Salem Conservation Commission. For information call (978) 619- 5685. E. Copies of the Notice of Intent may be obtained from the applicant's representative, Geological field Services, Inc., 14 Hubon Street, Salem, Massachusetts, or by calling ' 978 594-1376. ' Note: Notice of the public hearing, including its date,time and place, will be published at least five days in advance in the Salem Evening News. Furthermore, notification will be posted in the City Hall not less than 48-hours in advance. 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 Wetlands Protection Act. To contact the Department of Environmental Protection, call: DEP-Northeast Region: 978 694-3200. 1 l 1 CITY OF SALEM ' ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS ' BOARD/COMMISSION: Conservation Commission ' PROJECT SITE: 78 Leavitt St 34_0499 DATE: 7/13/2015 ' DESCRIPTION OF REQUIREMENT: All abutters and any property owner within,100 feet of the property line of the land where the activity is proposed ' including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. I ' This is to certify that the time of the last assessment for taxation made by the City of ' Salem,the names and addresses of those listed on the attached sheets are"abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(3))to the parcel(s)of land listed above as as�thhee project site. ' Assessor's Signature: r Date: 7 ' Number of initialed pages attached: Once Certified, Return to: Tom Devine, Department of Planning and Community Development IA 114 w � ow 1pARD-Si-R•EEi H 114 �w=� I romy....a.x ti o re.r.a Ir W ❑ e.mn I B i0C N = I • 2T iv Fp�RF1E,.D.st Ft _tp DgRDNER-STREET��° � I I 1A ! I i I ,.... ..., 11ERSEY'gT"REET ' o moxa RMw m 0711XO15 at M 38 AM 1 ' Parcel ID:34-0450-0 Parcel ID:33-0528-0 Parcel ID:33.0529-0 PALMERS COVE YACHT CLUB SALEM HOUSING AUTHORITY SALEM HOUSING AUTHORITY 74 LEAVITT STREET PIONEER TERRACE PIONEER TERRACE ' SALEM,MA 01970 27 CHARTER STREET 27 CHARTER STREET SALEM,MA 01970 SALEM,MA 01970 ' Parcel ID:33-0530-0 Parcel ID:34.0449.0 Parcel ID:34.0455.0 SALEM CITY OF SALEM CITY OF SALEM CITY OF PALMER COVE FLATS PALMER COVE PK 8 PLAYGROUND MA MA ' Parcel ID:34.0448.0 Parcel ID:34-0171-0 Parcel ID:34-0454.0 SHETLAND TRUST EDWAAR RLTY TR/BLODGETT MUNCHKIN REALTY TRUST ' LAPPIN ROBERT I TR BLODGETT D W TRS LINGER JOHN A TR P 0 BOX 986 144 BEACH BLUFF AVE 62 LEAVITT ST SALEM,MA 01970 SWAMPSCOTT,MA 01907 SALEM,MA 01970 ' Parcel ID:34-0164.801 Parcel ID:34-0164-802 Parcel ID:34-0164.803 RICARD LYNN W QUILLING RICHARD L SHELLABARGER RACHEL 60 PERKINS STREET U1 QUILLING STEPHANIE R 60 PERKINS STREET U3 SALEM,MA 01970 60 PERKINS STREET U2 SALEM,MA 01970 SALEM,MA 01970 Parcel ID:34-0164-804 Parcel 10:34.0164.805 Parcel ID:34.0164.806 60 PERKINS REALTY TRUST BOCHES BRIAN GONZALEZ ERIC ' BRIAN BOCHES/C SWEENEY 19 REZZA ROAD 62 PERKINS STREET U2 19 REZZA ROAD BEVERLY,MA 01915 SALEM,MA 01970 BEVERLY,MA 01915 ' Parcel ID:34-0164-807 Parcel ID:33-0415-0 Parcel ID:33-0537-0 60 PERKINS REALTY TRUST GIBNEY PATRICK MARTINEAU MARIANNE BRIAN BOCHES/C SWEENEY 2408 FERN CREEK COURT 89 LEACH ST j ' 19 REZZA ROAD RALEIGH,NC 27613 SALEM,MA 01970 BEVERLY,MA 01915 Parcel ID:33-0538-0 Parcel ID:33-0540-0 Parcel ID:33-0544-0 MARTINEAU JEAN-CLAUDE 101 LEACH STREET RLTY CLAVEAU GEORGE 97 LEACH ST THERIAULT V B CONSTANCE SALEM,MA 01970 101 LEACH STREET 117 LEACH ST SALEM,MA 01970 ! ,{ SALEM,MA 01970 ' Parcel ID:33-0758-0 Parce :34-*4-0 v��V�'�.. Parcel ID:34-0451-0 CLAVEAU CONSTANCE 60 PER NS EALTY TRUST �, h� KENT STEVEN LOLYD LEBLANC MARIE L BRIAN B ES/C SWEE YC Imo'' 72 LEAVITT STREET ' 117 LEACH STREET 19 RE CAD SALEM,MA 01970 SALEM,.MA01970 BEVE Y, -01915 �1 ' Parcel ID:34.0452-0 Parcel ID:33-0543-0 Parcel ID:33-0542-0 RFR DEVELOPMENT,INC MEDROS BRUCE R POTHIER HOWARD RESIDENTIAL RENTAL MARY ANNE POTHIER GLORIA 26 WILDWOOD ROAD 109 LEACH ST 107 LEACH STREET DANVERS,MA 01923 SALEM,MA 01970 SALEM,MA 01970 Parcel ID: 33.0541-0 Parcel ID:33-0539-0 Parcel ID:34-0453-0 COOK MICHAEL A MCKAY LUCY M LINGER JOHN A ' 9 TREAT ROAD MCKAY WILLIAM L D - LINGER ANNE C MARBLEHEAD,MA 01945 428 MELROSE WAY 62 LEAVITT STREET SABASTIAN,FL 32958 SALEM,MA 01970 L ' ? A83AV-OD-008.1 T )wdn-dod progai al AalpApa luawsua 43 T ® -Nan0915 OAH3"1Nege6 al zeslll3n wwe-mmm ap u8e aangleg el @ zalldae P�. S i jaled @ salpe;sanenbpq Parcel ID: 34-0450-0 Parcel lD:33-0528.0 Parcel 1O:33-0529-0 PALMERS COVE YACHT CLUB SALEM HOUSING AUTHORITY SALEM HOUSING AUTHORITY 74 LEAVITT STREET PIONEER TERRACE PIONEER TERRACE ' SALEM,MA 01970 27 CHARTER STREET 27 CHARTER STREET SALEM,MA 01970 SALEM,MA 01970- Parcel ID:33-0530-0 Parcel ID:34.0449-0 Parcel ID:34-0455-0 ' SALEM CITY OF SALEM CITY OF SALEM CITY OF PALMER COVE FLATS PALMER COVE PK&PLAYGROUND MA MA ' Parcel ID:34-0448-0 Parcel ID:34-0171-0 Parcel ID:34-0454-0 SHETLAND TRUST EDWAAR RLTY TR/BLODGETT MUNCHKIN REALTY TRUST LAPPIN ROBERT I TR BLODGETT D W TRS LINGER JOHN A TR ' P O BOX 986 144 BEACH BLUFF AVE 62 LEAVITT ST SALEM,MA 01970 SWAMPSCOTT,MA 01907 SALEM,MA 01970 ' Parcel ID:34-0164-801 Parcel ID:34-0164-802 Parcel ID:34-0164.803 RICARD LYNN W QUILLING RICHARD,L SHELLABARGER RACHEL 60 PERKINS STREET Ul QUILLING STEPHANIE R 60 PERKINS STREET U3 SALEM,MA 01970 60 PERKINS STREET U2 SALEM,MA 01970 SALEM,MA 01970 ' Parcel ID:34-0164-804 Parcel ID:34-0164-805 Parcel ID:34-0164-806 60 PERKINS REALTY TRUST BOCHES BRIAN GONZALEZ ERIC ' BRIAN BOCHES/C SWEENEY 19 REZZA ROAD 62 PERKINS STREET U2 19 REZZA ROAD BEVERLY,MA 01915 SALEM,MA 01970 BEVERLY,MA 01915 ' Parcel ID:34.0164-807 - Parcel ID:33-0415-0 Parcel ID:33-0537-0 60 PERKINS REALTY TRUST GIBNEY PATRICK MARTINEAU MARIANNE BRIAN BOCHES/C SWEENEY 2408 FERN CREEK COURT 89 LEACH ST 19 REZZA ROAD RALEIGH,NO 27613 SALEM,MA 01970 tBEVERLY,MA 01915 Parcel ID:33-0538-0 Parcel 1O:33-0540.0 Parcel ID:33-0544-0 ' MARTINEAU JEAN-CLAUDE 101 LEACH STREET RLTY CLAVEAU GEORGE 97 LEACH ST THERIAULT V B CONSTANCE SALEM,MA 01970 101 LEACH STREET 117 LEACH ST SALEM,MA 01970 SALEM,MA 01970 Parcel ID:33-0758-0 Parcel ID:34-0164-0 Parcel lD:34-0451-0 CLAVEAU CONSTANCE 60 PERKINS REALTY TRUST KENT STEVEN LOLYD LEBLANC MARIE L BRIAN BOCHES/C SWEENEY 72 LEAVITT STREET - 117 LEACH STREET 19 REZZA ROAD SALEM,MA 01970 SALEM,MA 01970 BEVERLY,MA 01915 Parcel ID:34.0452.0 Parcel 1O:33-0543-0 Parcel ID:33.0542-0 ' RFR DEVELOPMENT,INC MEDROS BRUCE R POTHIER HOWARD RESIDENTIAL RENTAL MARY ANNE POTHIER GLORIA 26 WILDWOOD ROAD 109 LEACH ST 107 LEACH STREET DANVERS,MA 01923 SALEM,MA 01970 SALEM,MA 01970 ' Parcel ID:33-0541-0 Parcel ID:33.0539.0 Parcel ID:34.0453-0 COOK MICHAEL A MCKAY LUCY M LINGER JOHN A 9 TREAT ROAD MCKAY WILLIAM L D LINGER ANNE C ' MARBLEHEAD,MA 01945 428 MELROSE WAY 62 LEAVITT STREET_ SABASTIAN, FL 32958 SALEM,MA 01970 1 ®0915 ® �� a I , 96p3dn-dodosodxe �radedpaaj. G091Sa1eldway®tianyasn i 01 Bull Buole puce V i, slagej®land AS23 07/1411015 Salem Page 1 of 1 ParcellD Location Owner Co-Owner Mailinq Address City State Zip 34-0164-801 60 PERKINS STREET U1 T41RICARD LYNN W 60 PERKINS STREET U1 SALEM MA 01970 34-0164-802 60 PERKINS STREET U2 \]UILLING RICHARD L QUILLING STEPHANIE R 60 PERKINS STREET U2 SALEM MA 01970 34-0164-803 60 PERKINS STREET U3 \'SHELLABARGER RACHEL 60 PERKINS STREET U3 SALEM MA 01970 34-0164-804 60 PERKINS STREET U4- 60 PERKINSREALTY TRUST BRIAN BOCHES/C SWEENE' 19 REZZA ROAD BEVERLY MA 01915 34-0164-805 _ 62 PERKINS STREET Ui \\¢OCHES BRIAN 19 REZZA ROAD BEVERLY MA 01915 34-0164-806 62 PERKINS STREET U2 IONZALEZ ERIC 62 PERKINS STREET U2 SALEM MA 01970 34-0164807 62 PERKINS STREET U3 60 PERKINS REALTY TRUST BRIAN SOCHES/C SWEENE' 19 REZZA ROAD BEVERLY .MA 01915 End of Report GFSGEOLOGICAL FIELD SERVICES INC. January 7, 2016 Salem Conservation Commission 97 Washington Street Salem, MA 01970 RE: Planters Cove Yacht Club Dredging Project Dear Commission: On December 9, 2015,the Division of Marine Fisheries (DMF)provided a comment letter regarding the proposed Maintenance Dredging of the above referenced project. A copy of DFM's letter is attached. Geological Field Services,Inc. has collected the additional data and edited the appropriate plan in order to prepare the following response to DMF's comments. Please be advised that these plan changes and additional information will be used when making the necessary Army Corps and Chapter 91 permit application. The following comments have been organized in order that DMF presented them. Dredge Footprint and Design The proposed footprint includes dredging of intertidal areas that were approved under some,but not all,previous approvals(i.e.west of the lift approved only in 1946,east of the lift only 1954, southwest corner only 1980). The dredging of these intertidal areas does not appear to be critical to the current function of the marina,especially considering the western limit of the reconfiguration zone is proposed to be pushed seaward,which would reduce the intertidal areas that fall within the zone. We request a narrative describing the need for dredging in the intertidal,square footage of intertidal impacts,and alternatives considered that would avoid these areas. The total"Maintenance Dredge Footprint" represents that cumulative area that the City of Salem, MADEP MADPW have dredge in the past. The"Maintenance Dredge Footprint"is different than the Reconfiguration zone. The Reconfiguration zone is the envelope in which structures can be minimally moved around without full reapplication. It is meant to accommodate minor alterations that occur over time at most marinas. Figure 1 illustrates the intertidal areas that overlap the Maintenance Dredge Footprint. The overlaps occur in the southwest corner and the northwest comer. In the southwest comer there are 466 ft2 between above MLW and 645 ft2 above MLLW. In the northwest corner there are 2,649 ft2 between above MLW and 3,042 ft2 above MLLW. The southwest corner of the Maintenance Dredge Footprint is a critical access point for boat leaving and returning to the west side of the Main Street and Wall Street piers. There are 43 slips along the western edge that cannot be accessed without keeping the southwest corner dredged. The material to be dredged has accumulated on the sea wall constructed by the City of Salem in 1941. Care will be taken not to damage the seawall and the side slope will parallel the slope of the sea wall. Attached is the Chapter 91 plan for that sea wall in 1941 as Figures 2 and 3. Photo 1 shows the western edge of the marina looking from the northwest corner at the gangway and Photo 2 shows the southwest intertidal area. All of the photographs presented were taken on December 23,2015 at dead low on a-1.0 foot tide.A shellfish 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978)594-1376 f GFSGEOLOGICAL FIELD SERVICES, INC. resource assessment will be conducted in the southwest corner of the Maintenance Dredge Footprint to determine the presence of shellfish. In the northwest corner of the Maintenance Dredge Footprint is where the main gangway accesses the marina,the travel lift is located and the gangway to the Dinghy Tie up and Witch Way Piers are located. Currently the floats that receive the gangways touch bottom at MLW. This is causing the floats to rack and list as shown on Photos 3 and 4. The corner of the Maintenance Dredge Footprint is approximately 60 feet from the closest corner of the float. To minimize the extent of intertidal dredging the full dredge depth of-8.0 could be limited to 16 feet off the float corner and then using a 3:1 slope pinch out into the comer. That would reduce the distance to 30 feet instead of 60 feet and save approximately 800 ft2 of intertidal dredging. A shellfish resource assessment will be conducted in the northwest comer of the Maintenance Dredge Footprint to determine the presence of shellfish. On the opposite side of the travel lift the end float that services the gangway to the Dinghy Tie Up and Witch Way Piers grounds at MLW(see Photo 4). The length of this float could be shortened by 4 feet but it will still ground unless the Maintenance Dredge Footprint is dredged in this area which includes the mouth of the travel lift area. The entire Dinghy Tie-up and Dinghy Rack assemble could also be rotated out slightly holding the pile at the junction of the Dinghy Tie-up and Witch Way in its current location. The Club would still need to dredge but it would give move distance between the bottom of the floats and the mud at low tide. We request that Low Low Water be shown on the plan. We have shown Mean Low Low Water on the site plan, Figure 4,and have calculated intertidal areas using both MLW and MLLW. The difference between MLW and MLLW is 0.33'. This plan will be used when applying for the Army Corps and Chapter 91 licenses. The side slopes shown in the sections of Figure 4 will be very steep after a-8ft MLW dredge.We request the applicant address the stability of side slopes throughout the dredge area. All side slopes will be 2:1 to 3:1 slopes. The permit plan has been corrected. This plan will be used when applying for the Army Corps and Chapter 91 licenses. We recommend the use of an environmental bucket. An Environmental bucket was proposed and will be used. Proper siltation control is critical. If bottom-weighted silt curtains or other barriers appear to be ineffective in the containment of turbidity,work should cease and additional measures should be taken. A water quality monitoring plan will be prepared for MADEP's 401 Water Quality Certification- Unpermitted Structures The currently unpermitted structures result in 822sf of impact area,not including the 4,056sf of Section 10A structures under review(Breakwater and Witch Way docks). The primary impact of these structures is shading. Some portions of structures appear to be in shallow water,where grounding may also be a concern. The Dinghy Rack is the only unpermitted structure. It is 608 square feet and consists of 3 8x20 foot floats 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978)594-1376 GFSGEOLOGICAL FIELD SERVICES, INC. and one 8x16 foot float. The Dingy Rack is just at the mud level at MLW. Photo 5 shows the Dinghy Rack at-1.0 feet. The Dinghy Rack is within the Maintenance Dredge Footprint and dredging will prevent future grounding. Also if the Dinghy Tie-up was rotated out as discussed above there would be more clearance at low tides. Witch Way and the Breakwater are a total of 4160 s£Neither structure ground and at MLW are greater than 2 feet off the current bottom. The unpermitted "Dingy Rack"dock array sits adjacent to the MLW line. The applicant should provide additional information about this structure,including depth dimensions and the height off the seafloor. If this structure grounds at any tide,or allows vessels to ground or prop dredge while tied up or in transit, this structure should be relocated to deeper water. The Dingy Rack is 22"thick and it does just touch the mud flats at MLW. The structure could be rotated out several feet as discussed above to avoid grounding but there still needs to be some dredging in this area.There are no vessels tied to the Dinghy Rack and the dinghies that are placed on the rack do not have motors. So there is no"prop dredging"taking place. The Break Water and Witch Way are 22"thick. It does not ground at MLW and is greater than 18"off the bottom at its closest edge. The applicant should address the same issues above for the"Main Street" end float near the lift, which also sits along MLW,and the breakwater which sits in approximately 2.8' based on the plan. Structures should not be allowed to ground at any tide,and we generally recommend at least 18" between the bottom-most part of a structure and the seafloor at the lowest tide. Please see above discussion of the"Main Street"end float near the lift. The applicant should clarify if the Witch Way docks and Breakwater are proposed to become permanent structures as opposed to their current seasonal nature. If permanency is proposed,we recommend the use of lower-impact options for anchors,such as piles with float stops(if risk of grounding)or flexible rode moorings as opposed to traditional chains. Witch Way and the Breakwater are proposed to be become permanent structures to be held in place with piles. The Club would like to stop having to move these structures in and out and resetting the anchors each season. Finfish and Shellfish A shellfish survey should be performed in all areas above MLLW within the work footprint to quantify potential impacts. As previously stated PCYC MLLW has been put on the site plan and the intertidal areas have been calculated to total 3,115 ft2 above MLW and 3,687 ftz above MLLW. A shellfish resource assessment will be conducted in the southwest and northwest comers of the Maintenance Dredge Footprint to determine the presence of shellfish. 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978) 594-1376 GFSGEOLOGICAL FIELD SERVICES, INC. We recommend a time of year restriction for in-water,silt-producing work from February 15 to June 30 to protect spawning winter flounder and eggs. The Club agrees with the time of year restrictions We recommend a time of year restriction for in-water, silt-producing work from May 1 to September 30 to protect spawning and settling shellfish resources from siltation. The Club agrees with the time of year restrictions Eelprass An eelgrass survey is needed throughout the project site and within at least 100 feet of the project footprint,including but not limited to the pockets of grass mapped by DEP at the mouth of the channel. The project footprint has been plotted on the MassGIS overlay showing the 1995 eelgrass extent. DMF was concerned that the project was in potential eelgrass areas mapped in 1995.No dredging is proposed in the majority of the access channel. The only dredging proposed in the access channel is near the marina basin. A 300-foot radius has been drawn around the eastern extent of the proposed dredging. The 300-foot radius clips the 1995-eelgrass beds in two locations. The closest the proposed project comes is approximately 250 feet. Please be advised that not all of the Maintenance Dredge Footprint is proposed to be dredged. The Maintenance Dredge Footprint is shown in it entirety to preserved the right to maintenance dredge in the future. In our opinion and eelgrass survey is not necessary for the proposed dredge project. In-water,silt-producing work should not take place within 100 feet of any eelgrass. No dredging is proposed within 100 feet of any eelgrass Depending on survey results and proximity of eelgrass, a monitoring plan may be necessary. An eelgrass monitoring plan is not believed to be necessary using a 100' setback as a protective distance. Please be advised that these responses will be provided to DMF in advance of the Army and Chapter 91 permitting process. Please contact me with any questions. Sincerely, GEOLOGICAL FIELD SERVICES, INC. Luke Fabbri 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978) 594-1376 Commonwealth ofMassachusetts Division of Marine Fisheries 30 Emerson Ave. Gloucester, MA 01930 David E.Pierce (617)727-3336 Director fax(617)727-3337 Charles D.Baker Governor Karyn E.Polito Lieutenant Governor December 9,2015 Matthew A.Beaton Secretary Salem Conservation Commission George N.Peterson,Jr. Salem City Hall Commissioner Mary-Lee King Attn:Tom Devine tdevine(o salem.com Deputy Commissioner 93 Washington Street Salem,MA 01970 Dear Commissioners: The Division of Marine Fisheries(MarineFisheries)has reviewed the Notice of Intent submitted by Palmers Cove Yacht Club Inc for the dredging,reconfiguration and approval of unpermitted structures at 78 Leavitt Street in Salem.Dredging will remove 25,000 cubic yards of intertidal and subtidal material to-8ft MLW and dispose of it at an aquatic disposal site,if approved.The dredge impact area is approximately 288,840sf including 203,115sf in the marina basin and 85,725sf in the access channel that extends to the east of the basin. The proposed dredge footprint combines the footprints of several previous dredge approvals,including those from 1946, 1954 and 1980.Additional work proposed on site includes reconfiguration of the marina zone to include an existing seasonal breakwater.The breakwater(roughly 120' long)and"Witch Way"(roughly 300' long)are requested for approval to retain unpermitted structures,as are several unpermitted floats that currently exist onsite. Salem Harbor provides essential forage habitat for a variety of fish and invertebrate species including but not limited to alewife(Alosa pseudoharengus),blueback herring(Alosa aestivalis),rainbow smelt (Osmerus mordax),American eel(Anguilla rostrata),white perch(Moron americana),Atlantic tomcod (Microgadus tomcod),Atlantic cod(Gadus morhua)and American lobster(Homarus americanus). It is also habitat for the forage,spawning,and early development of winter flounder(Pseudopleuronectes americanus). The project site contains both intertidal and subtidal habitats which are likely utilized by the above listed species for various life stages and behaviors,including spawning,egg and juvenile development,foraging activity and migratory transit.Furthermore,a shellfish suitability polygon,the State's formal shellfish habitat designation,is present within and adjacent to the project site. Soft shell clams(Mya arenaria),blue mussels(Mytilus eduhs)and quahog(Mercenaria mercenaria)may exist in the intertidal area within and/or adjacent to the work area. Since the shellfish suitability polygons have a coarse resolution,delineated areas should be used only as a guide to the approximate location of shellfish habitat. The site is in Classification Area N18.1 and is prohibited from the harvest of shellfish. Even though harvest is not permitted in this location,the resource should be protected to avoid losing the multitude of ecosystem-wide functions and benefits that shellfish serve. Eel ass gr (Zost r e a marina)is mapped by DEP immediately adjacent to the project site.Itis unclear if eelgrass is mapped within the project footprint since the plans do not include DEP's eelgrass boundaries.A large,expansive meadow was mapped in the area in 1995,and was reduced to smaller pocket meadows in 2006 and 2012 along the eastern portion of the channel.According to DEP, Salem Harbor lost 70%of its eelgrass in the period between 1996 and 2006'.The drastic decline in eelgrass coverage is thought to be a result of increasingly poor water quality and highly organic sediments.The relatively small patches of eelgrass remaining in Salem Harbor have persisted but are likely stressed.Any additional stress and increased turbidity could be too much for the grass to withstand. Dredge work may not only increase turbidity and potentially bury eelgrass,but may also stir up organic,fine grain sediment that can result in increased suspended nutrients and declines in dissolved oxygen. This may stress eelgrass even outside of the dredge footprint.The patches near the project area may be some of the last remaining patches of eelgrass in Salem Harbor,the loss of which could cause substantial changes to the harbor's ecology. Given the importance of eelgrass as fisheries habitat and its regulatory status as a Special Aquatic Site(Clean Water Act 404(b)(1)),all efforts should be made to avoid and minimize impacts. Based on recent Google and USGS aerial photography,dark patches can be seen throughout the area,extending beyond the 2012 DEP eelgrass layer. Since DEP's eelgrass layer is of course resolution and only intended for use as a guide, eelgrass presence or absence cannot be accurately determined without a survey. Our recommendations are as follows: Dredge Footprint and Design • The proposed footprint includes dredging of intertidal areas that were approved under some,but not all,previous approvals(i.e.west of the lift approved only in 1946,east of the lift only 1954, southwest corner only 1980). The dredging of these intertidal areas does not appear to be critical to the current function of the marina,especially considering the western limit of the reconfiguration zone is proposed to be pushed seaward,which would reduce the intertidal areas that fall within the zone.We request a narrative describing the need for dredging in the intertidal,square footage of intertidal impacts,and alternatives considered that would avoid these areas. • We request that Low Low Water be shown on the plan. • The side slopes shown in the sections of Figure 4 will be very steep after a-8ft MLW dredge.We request the applicant address the stability of side slopes throughout the dredge area. • We recommend the use of an environmental bucket. • Proper siltation control is critical. If bottom-weighted silt curtains or other barriers appear to be ineffective in the containment of turbidity,work should cease and additional measures should be taken. Unpermitted Structures • The currently unpermitted structures result in 822sf of impact area,not including the 4,056sf of Section 10A structures under review(Breakwater and Witch Way docks).The primary impact of these structures is shading. Some portions of structures appear to be in shallow water,where grounding may also be a concern. • The unpermitted"Dingy Rack"dock array sits adjacent to the MLW line.The applicant should provide additional information about this structure,including depth dimensions and the height off the seafloor.If this structure grounds at any tide,or allows vessels to ground or prop dredge while tied up or in transit,this structure should be relocated to deeper water. • The applicant should address the same issues above for the"Main Street"end float near the lift, which also sits along MLW,and the breakwater which sits in approximately 2.8' based on the plan. Structures should not be allowed to ground at any tide,and we generally recommend at least 18" between the bottom-most part of a structure and the seafloor at the lowest tide. • The applicant should clarify if the Witch Way docks and Breakwater are proposed to become permanent structures as opposed to their current seasonal nature.If permanency is proposed,we recommend the use of lower-impact options for anchors,such as piles with float stops(if risk of grounding)or flexible rode moorings as opposed to traditional chains. Finfish and Shellfish • A shellfish survey should be performed in all areas above LLW within the work footprint to quantify potential impacts. • We recommend a time of year restriction for in-water,silt-producing work from February 15 to June 30 to protect spawning winter flounder and eggs. • We recommend a time of year restriction for in-water,silt-producing work from May 1 to September 30 to protect spawning and settling shellfish resources from siltation. • Loss of intertidal or subtidal habitats or fisheries resources may require mitigation by permitting agencies. Eel�rass • An eelgrass survey is needed throughout the project site and within at least 100 feet of the project footprint,including but not limited to the pockets of grass mapped by DEP at the mouth of the channel. l • In-water,silt-producing work should not take place within 100 feet of any eelgrass, • Depending on survey results and proximity of eelgrass,a monitoring plan maybe necessary. Thank you for considering our comments. Feel free to contact me with any questions about this review at 978-282-0308 x108 or iillian.carr(a,state.ma.us. Sincerely, Jillian Carr Fisheries Habitat Specialist and Technical Reviewer Cc: Luke Fabbri,GFS Inc. lafabbri.gfsAhotmail.com Alison Verkade,NMFS Tay Evans,Kathryn Ford,Dave Roach,Devon Winkler DMF References 1 Costello CT,Kenworthy WJ(2010)Twelve year mapping and change analysis of eelgrass(Zostera marina) distribution in Massachusetts(USA)identifies state wide decline.Estuaries and Coasts. � J J Z � � J 0cr- o m � �" W Q W �I Q � � Q W Q 14.0 SHEET I OF 2 SHEETS —J a a „ .Jl1LHJlj0a li.? 4 G O ly 13 I �J' _ _ I ... J LJ L.J ` U LEAV ITT ST. YARDS � o eoo l000 ' FROM US.C.•1G.S.C"s RT No. 240 I ' I N I 9Charlee TheriauM 70 LeavHt St. a Eng o.. u E CITY OF SALEM Sea Permii N,1492 I All, D-0- L_ Wbhc WorNs V ti/ 1 For Preemi BulKtwod 4 FIII '. % Zi� w, � a ` Y a 3 N u LAFAYETTE pL I o. a R Ix 8 �� a .40 1 u 1 ST. w LEACH SadN Lawle m an d a �se scale PLAN ACCOMPANYt NG PETITION Of NQ 2219 APPROVED BY DEPART ETYT Of PUBLIC WORKS CITY OF SALEM JULY 31, Imo FOR RIPRAP FILL 3 PIER PALMERS COVEk-A 11l me°o�.e SALEM. MASS clTy EWIMR xRw Yx I � � �S T000f Flll&Sidewalk EIev. ISO _ M.H.W.Elev.9.O Preeenf �u^�heo lev. 0 i M.L.W.Elev. O IToad RI PROFILE 5caleS in ft Ver. ®° a _EIev. Is.3_j 2ox3le' a"xir EIev ISD ._ I 10'x¢'CaP 1 R§ Flmef 16x24' MHW.9.0 Rl I 3fi�l - I Y prmp Ca.+ent 'y Groofed -- MILW. O.Q_ FF ,,.5 , 4qe lht.lY9J ' " b MHW9.0 W Pnemf BulkYreudJ;1 lev_6.0 'I S .I I I \\ I �y END SECTION SII \ M Ipa=4��'o'�I I i6 Plh n.f less the. ,�i 5cale N •II \� I I 11 I I I2'dt I-ff a V m}pelf o S a s 11 II II p m I, i 11 II II I .t s a e LICENSE PLAN NO 2219 ELEVATION APPROVED JULY 31, 1940 5caie � s•-c a-a- L'B•C-6-N0 ___X____rp rw rm .aomac L V qy �LSyr&yyK�� � ..r..rr mnirm er largl I qyr=�; 18I i?I RlflR,P t or.v ' tion.. rW�'r ry �¢x,•.r w c � .�' � •5 l,.•!• mRRNBia,R r,•.s.f � ',-e< Ti"" ,' .�.. � � .,�".yam' Grifn V 1' fl sT`8 5 �{ ® r®mra ®wn.eua PALMER YACHTT VE CWS, INC 74 lSA Em. STREET SALEM. 5 �S• MA 9Y y�A H - r ' r®emeemnsmmoms— EMSTINC PI&IRR'3 GVPR BAINYMETNIC 'rli.rs�• My�`" .� 81TdIr RIRBOR ®svr sws�sr®s CWIONIONS Gry cSCAM d��fCa'� r ® ervrrm.vsmm \�v�.vele• rmusm SW6fi y..r rmer.rmor.s rmm.. ma FIGURE wrr.®emrmrv�r®w OEsnyp to 1 _ . I � O1-- _.1rtMl LOV W11�.—._ N p 1 , o�w I.w t.w NW NW Nw Nw �.w e.w v.W Io.W n+m Ip SECTION A-A e smlg H«lemma - r=4o' Ver[Iwl - 1-a 4' 6 I � I w I. p +xE GaY 1 _p i O w I D• �saw1MW I -°� (devLebR9 sssemc steal I -m vet �`^-•• Izwo ww 14wp INvs e emii« le I « A is 1 le `P ran e a e u""�.au�.. mm✓am.ta+sm s F v � I o.orl z W e.ry,waore o_ �rsnc«.ar nwrs mn- I �a PAWER COVE YACHT CLUB, INC 74 LEAVI f STREET SALEM, MA -tp -tp -la Q10S5-$ECTON$ Mw I.w R.W MW t.w NW Nw NW Nw SECTION B-B - ACCESS CHANNEL SECTION C-C - MARINA BASIN rr BGURE $cab: H«ISwWI -1'.40' Scolc HMzmt.1 - 1'-40' 4 Vedic - 1-= 4' VM=- 1'= 4- pYll/DAS r ^*rwMMMR�IMI�ry ;fir ---------- 4% e Se 1 .r DD a C 5 x �4 1�17�j8 �rR: ♦ 1Y� b !. .� r � i � 4 r� •_ kC�sdf� AU - _ {T �v�y �♦WaYt>aY4,a9aafrFaV • .] _ r r' —'1r'�" 0 `� =w�,L -w+• � �aia�.wx� '.n4 µfR( ��� F~M. v .. AN. n y � , !' ut- -" a:a Fes+ y' - i a -•r Y. -� -� _ .yam` L '_ - -. _ +r._ _ 4 Y. �y,4 AIM, ® �, ,r f i �`• u i n t 1 9ry f -- 41, t Aft Mai 711 .r4 � - _. - ..�^,;: _ _ _ _ mac•._+` _ ..�.._..-.. e, ti v s r `� ids ® ��y �_` �``� !�►T/® '� _ _ �_ _ r AMW *` sw a 14, e -- _ 'v r�y" ✓ _ Ul N- � �„ 4 ,yam i NOI Status Sheet Address: Po L C�,R- --({, IF ( „j�( DEP #:C,G( ` G®q Application Type: o� Date Submitted: Contact Name: L-,6- Com.t Phone: Proposed activity: k�)rc- i JA pplication Complete orrect Fee Received -"Abutters List Requested /Received Legal Ad Sent /Legal Ad Confirmed "Online (Added to Agenda Agenda to Applicant (Agent Comments to Commission A)EP Comments Hearing Opened: V"/(6Continued: �Site Visit: (Abutters Notice Confirmed (PermitiSent to Applicant and DEP ✓Confirmation of Delivery Expiration date added to calendar Added to database Applicant Recorded OoC with Registry Preconstruction Meeting: ertificate of Compliance Sent to Applicant and DEP �firmation of Delivery ,4Cpplicant Recorded CoC with Registry Notes: \ A H:\CON COMM\Administrative\project status sheet\NOI status sheet 2012-12-27.doc RECEIVE MAR 21 2016 'b Massachusetts Department of Environmental Protection ` ,P�U+��9 d �MassoEPr;a �. Bureau of Resource Protection - Wetlands o NI-I v DEvdLO,-r::-!,T WPA Form 5 — Order of Conditions MassDEP File Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem Cityrrown G. Recording Information Prior to commencement of work, 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-this page shall be submitted to the Conservation Commission listed below. Conservation Commission , Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: wlers Cain V. au 1 4 c1 -40� Project Location - MassDEP File Number Has been recorded at the Registry of Deeds of: �SStix 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: Jr /6- mbe Document Nur Signature of Applican wpaform5.doc• rev.6/16/2015 - Page 12 of 12 t 70 CONEM k SEX SOUTHERN DI SiRI(:'F REGIS1Rt` 01 DEEDS i I,:Ei �_I�+EIi': i7h RF{ygT��A's 1P,hi . 0". 3rIr.�21i16 O".- 4 F`II 133, CITY OF SALEM CONSERVATION COMMISSION January 28, 2016 Robert Strasnick Palmer's Cove Yacht Club 78 Leavitt Street Salem, MA 01970 Re: Order of Conditions—DEP#64-609—Palmer's Cove Yacht Club Dear Mr. Strasnick: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and attachments must be recorded at the South Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, MA). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order,prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-609 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent Enclosures CC: DEP Northeast Regional Office Luke Fabbri Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands 64-609 }�— / \�\ WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Robert Strasnick a.First Name b. Last Name Important: When filling Palmer's Cove Yacht Club out forms on c.Organization the-----____ -_-78-Leavitt Street computer, use only the d. Mailing Address tab key to Salem MA 01970 move your e. City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. lill re a. First Name b. Last Name c.Organization awn d. Mailing Address e. Cityfrown f.State g.Zip Code 5. Project Location: 78 Leavitt Street Salem a. Street Address b.City/Town 34 449 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d IT s d m s d.Latitude e. Longitude vpaform5.doc• rev.611612015 ' Page 1 of 12 r Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-609 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex 99115 a.County b.Certificate Number(if registered land)" c.Book - d. Page _ �. Dates: 11/24/2015 1/14/2016 1/15/2016 a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See attached a. Plan Title b. Prepared By c.Signed and Stamped by d.Final Revision Date e. Scale f.Additional Plan or Document Title g. Date B. Findings 1. 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(the Act). Check all that apply: ❑ Prevention of a. ❑ Public Water Supply b. ® Land Containing Shellfish ` Pollution f. ® Protection of d. El Private Water Supply e. ® Fisheries Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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. wpaform5.doc• rev.6116/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not 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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linearfeet b. linearfeet c. linearfeet d. linearfeet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.Gy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq It between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.611 612 01 5 Page 3 of 12 ,r Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 / WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -;-DEP Transaction# Salem Citylrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ® Land Under the 288840 288840 Ocean a.square feet b.square feet 25000 25000 c.cly dredged d.Uy dredged Indicate size under Coastal Beaches and/or Coastal Dunes 12. ❑ Barrier Beaches below cu yd cu yd 13. ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment cu yd cu yd 14. ❑ Coastal Dunes a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a. linearfeet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet ` 17. ❑ Salt Marshes a.square feet b.square feet c.square feet T square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.Gy dredged Tcdredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ® Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 25000 25000 a.Gy dredged b.cly dredged 21. ❑ Land Subject to Coastal Storm a.square feel b.square feet Flowage 22. ❑ RlVerfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet v afcrm5.doc- rev.6116/2015 Page4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands 64-609 j� WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP—Transaction# Salem Citylrown B. Findings (cont.) •#23. If the 23. ❑ Restoration/Enhancement*: project is for the purpose of restoring or a.square feet of BVW b.square feet of salt marsh enhancing a wetland 24 [1Stream Crossing(s): s resource area 9( )' in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bvw)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 y fY amount here. 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. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 1/15/2019 unless extended in writing by the Department. 7. 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. wpaform5.doc• rev.6/16/2015 Page 5 of 12 J Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 # WPA Form 5 - Order of Conditions MassDEP File 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act 8. 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. 9. 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 the 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. 10. 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, "MassDEP"] "File Number 64-609 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. ,vpaform5doc• rev.6/16/2015 Page 6 d12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 / WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. 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. 18. 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. 19. The work associated with this Order(the "Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doc• rev.6/16/2015 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the 'stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. vryaform5 doe• rev.6/162015 _ Page 8&12 ( i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location), 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. I) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5 doc• rev.6116/2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 7.Municipal Ordinance or Bylaw 2.Citation 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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection & Conservation Ordinance c.50 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaform5.Coc• rev.6h&2015 Page 10 of 12 5 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands G`�_�6q 1 , WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP,Transaction# City/Town E. Signatures a8_15� Important:when This Order is valid for three years, unless otherwise specified as a special I filling out forms condition pursuant to General Conditions#4,from the date of issuance. 1 4te o Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed by a majority of the Conservation Commission. 2.Numbdr of Signers cursor-do not use the return The Order must be mailed by certified mail (return receipt requested)or hand delivered to key. the applicant.A copy must be mailed, hand delivered or filed electronically at th ame time with the approp late MassDEP Regional Office. y m� v Signature . TYO ❑ by hand delivery on by certified mail, return receipt requested n \� i�) o[ Date D A F. 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 MassDEP 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 Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpa5sigs.doc• rev.0 212 5/2 01 0 Pagjjof Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 # WPA Form 5 - Order of Conditions MassDEP File 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission .. Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP 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 wpaform5 Coc• rev.6/16/2015 Page 12 of 12 Massachusetts 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 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 City/town 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)): sono Name Mailing Address Cityfrown 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 wpaform5 doe- rev.4/22/2015 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form P`o�dedbY°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 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. wpaform5.doc- rev.4/2 212 01 5 s Page 2 oft Attachment to Order of Conditions # 64-609 *W Page 1 of 5 ATTACHMENT TO ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-609 Palmer's Cove Yacht Club 78 Leavitt Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (1/7/2016, online) from Natural Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any vernal pools. This order permits maintenance dredging and retention of previously unpermitted structures per approved 11/24/2015 Notice of Intent,approved plans,and the following conditions. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site,a DEP Sign showing DEP File#64-609 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. -s4 Attachment to Order of Conditions # 64-609 Page 2 of 5 8. 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. 9. 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 Corps 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 in 314 CMR 9.00. (3) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. 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. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Palmer Cove Yacht Club, Inc, 74 Leavitt Street, Salem, MA (figures 2-4) (Title) 11/23/15 (Dated) Robert H. Griffin (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. Attachment to Order of Conditions # 64-609 e Page 3 of 5 A, 16. 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 statement signed 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. 17. [Reserved]. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978)619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. 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 Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project;the Commission or its Agent may require additional measures. 23. 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. 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through straw bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30) 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. , Attachment to Order of Conditions # 64-609 r� r Page 4 of 5 28. If soils are to be disturbed for longer than two(2)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 surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 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 river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby 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. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; s Attachment to Order of Conditions # 64-609 e Page 5 of 5 (b) Locations and elevations of all stormwater management conveyances, structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings, septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. 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 first 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. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 43. The project shall be completed in accordance with all commitments made in 1/7/2016 letter"RE: Palmers Cove Dredge Project'from Luke Fabbri to the Salem Conservation Commission. 44. A turbidity curtain shall be utilized during all dredging activity. GFSGEOLOGICAL FIELD SERVICES, INC. PALMERS COVE YACHT CLUB SALEM, MA i ENVIRONMENTAL NOTIFICATION FORM SUBMITTED TO: EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRES S MEPA OFFICE 100 CAMBRIDGE ST, SUITE 900 BOSTON, MA 02114 Prepared for: Palmers Cove Yacht Club Inc 1 78 Leavitt Street Salem, MA 01970 Prepared by: Geological Field Services, Inc. 14 Hubon Street Salem, MA 01970 November 17, 2016 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978) 594-1376 TABLE OF CONTENTS Environmental Notification Form ' Appendix A Project Narrative ' Figures Tables , Attachment A Previous Dredging Permits Attachment B Previous Chapter 91 License Attachment C DMF Comments and Response Attachment D Grain Size Analyses Attachment E Order of Conditions Appendix B Mailing List ' ' Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs Massachusetts Environmental Policy Act (MEPA) Office Environmental Notification Form For Office Use Only EEA#: - MEPA Analyst: The information requested on this form must be completed in order to submit a document electronically for review under the Massachusetts Environmental Policy Act, 301 CMR 11.00. tProject Name: Palmers Cove Yacht Club, Inc. Street Address: 74 Leavitt Street Municipality: Salem Watershed: North Coast Universal Transverse Mercator Latitude: 42 30' 49" Coordinates: Longitude: 70 53' 15" 344,955 4,708,534 Estimated commencement date: Oct 201E Estimated completion.date: Spring 2019 Project Type: Maintenance Dredging Status of project design: 80 %complete Proponent: Palmers Cove Yacht Club, Inc. Street Address: 74 Leavitt Street Municipality: Salem I State: MA Zip Code:01970 Name of Contact Person: Luke Fabbri Firm/Agency: Geological Field Street Address:14 Hubon Street Services, Inc Municipality: Salem State: MA Zi Code:01970 Phone: 978 594-1376 Fax: NA E-mail: lafabbri.gfs@hotmaii.com Does this project meet or exceed a mandatory EIR threshold (see 301 CMR 11.03)? ❑Yes X No ' If this is an Expanded Environmental Notification Form (ENF) (see 301 CMR 11.05(7)) or a Notice of Project Change (NPC), are you requesting: a Single EIR? (see 301 CMR 11.06(8)) ❑Yes ❑No a Special Review Procedure? (see 301CMR 11.09) ❑Yes ❑No a Waiver of mandatory EIR? (see 301 CMR 11.11) ❑Yes ❑No a Phase I Waiver? (see 301 CMR 11.11) []Yes []No (Note: Greenhouse Gas Emissions analysis must be included in the Expanded ENF.) Which MEPA review threshold(s) does the project meet or exceed (see 301 CMR 11.03)? Dredging >10,000 yds3 Alteration of > 1/Y acre Land Under Water Which State Agency Permits will the project require? MADEP Ch 91, 401 Water Quality Certification Identify any financial assistance or land transfer from an Agency of the Commonwealth, including the Agency name and the amount of funding or land area in acres: ' Effective January 2011 r r Summary of Project Size Existing Change Total & Environmental Impacts L EW—Aloil� Total site acreage N/A New acres of land altered ° Acres of impervious area N/A N/A NIA Square feet of new bordering ° r vegetated wetlands alteration Square feet of new other wetland alteration , Acres of new non-water dependent use of tidelands or waterways ° IM oss square footage N/A N/A N/A r mber of housing units N/A N/A N/A a ximumm height (feet) N/A N/A N/A TRANSPORTATION Vehicle trips per day N/A N/A N/A r Parking spaces N/A N/A N/A WASTEWATER Water Use (Gallons per day) N/A N/A N/A r Water withdrawal (GPD) N/A N/A N/A Wastewater generation/treatment N/A N/A N/A (GPD) Length of water mains (miles) N/A N/A N/A Length of sewer mains (miles) N/A N/A N/A Has this project been filed with MEPA before? ' ❑ Yes (EEA# ) X No Has any project on this site been filed with MEPA before? X Yes (EEA# 3868 (Aug 1980) ) ❑No r r -2- 1 K GENERAL PROJECT INFORMATION- all proponents must fill out this section PROJECT DESCRIPTION: ° Describe the existing conditions and land uses on the project site:_See Appendix A Describe the proposed project and its programmatic and physical elements: _See Appendix A NOTE: The project description should summarize both the project's direct and indirect impacts (including construction period impacts) in terms of their magnitude, geographic extent, duration and frequency, and reversibility, as applicable. It should also discuss the infrastructure requirements of the project and the capacity of the municipal and/or regional infrastructure to sustain these requirements into the future. Describe the on-site project alternatives (and alternative off-site locations, if applicable), considered by the proponent, including at least one feasible alternative that is allowed under current zoning, and the reasons(s) that they were not selected as the preferred alternative: _See Appendix A ' NOTE: The purpose of the alternatives analysis is to consider what effect changing the parameters and/or siting of a project, or components thereof, will have on the environment, keeping in mind that the objective.of the MEPA review process is to avoid or minimize damage to the environment to the greatest extent feasible. Examples of alternative projects include alternative site locations, alternative site uses, and alternative site configurations. Summarize the mitigation measures proposed to offset the impacts of the preferred alternative: If the project is proposed to be constructed in phases, please describe each phase: 1 AREAS OF CRITICAL ENVIRONMENTAL CONCERN: Is the project within or adjacent to an Area of Critical Environmental Concern? ❑Yes(Specify ) X No if yes, does the ACEC have an approved Resource Management Plan?_Yes _No; If yes, describe how the project complies with this plan.. Will there be stormwater runoff or discharge to the designated ACEC?_Yes _No; If yes, describe and assess the potential impacts of such stormwater runoff/discharge to the designated ACEC. RARE SPECIES: Does the project site include Estimated and/or Priority Habitat of State-Listed Rare Species? (see http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/priority_habitatlpriority_habitat_home.htm) ❑Yes(Specify ) X No HISTORICAL/ARCHAEOLOGICAL RESOURCES: Does the project site include any structure, site or district listed in the State Register of Historic Place or the inventory of Historic and Archaeological Assets of the Commonwealth? ❑Yes(Specify ) X No If yes, does the project involve any demolition or destruction of any listed or inventoried historic or archaeological resources? ❑Yes (Specify ) e X No 3 s WATER RESOURCES: Is there an Outstanding Resource Water(ORW)on or within a half-mile radius of the project site? _Yes–X—No; if yes, identify the ORW and its location. (NOTE: Outstanding Resource Waters include Class A public water supplies, their tributaries, and bordering , wetlands; active and inactive reservoirs approved by MassDEP,certain waters within Areas of Critical Environmental Concern, and certified vernal pools. Outstanding resource waters are listed in the Surface Water Quality Standards, 314 CMR 4.00.) Are there any impaired water bodies on or within a half-mile radius of the project site? _X_Yes_No; if yes, identify the water body and pollutant(s)causing the impairment: Salem Harbor_Bacteria Is the project within a medium or high stress basin, as established by the Massachusetts Water Resources Commission? Yes –X—No STORMWATER MANAGEMENT: , Generally describe the project's stormwater impacts and measures that the project will take to comply with the standards found in MassDEP's Stormwater Management Regulations:—NONE MASSACHUSETTS CONTINGENCY PLAN: Has the project site been, or is it currently being, regulated under M.G.L.c.21 E or the Massachusetts Contingency Plan site (including Release Tracking Number(RTN), cleanup phase, and Response Action Outcome classification):_No Is there an Activity and Use Limitation (AUL)on any portion of the project site?Yes_No_X_; if yes, describe which portion of the site and how the project will be consistent with the AUL: Are you aware of any Reportable Conditions at the property that have not yet been assigned an RTN? Yes _No –X—; if yes, please describe: SOLID AND HAZARDOUS WASTE: If the project will generate solid waste during demolition or construction, describe alternatives considered for re-use, recycling, and disposal of, e.g., asphalt, brick, concrete, gypsum, metal, wood:—No- (NOTE: ood: No(NOTE:Asphalt pavement, brick, concrete and metal are banned from disposal at Massachusetts landfills and waste combustion facilities and wood is banned from disposal at Massachusetts landfills. See 310 CMR 19.017 for the complete list of banned materials.) Will your project disturb asbestos containing materials?Yes _No _X_ if yes, please consult state asbestos requirements at http://mass.gov/Mai-sDEP/air/asbhom0l.htm Describe anti-idling and other measures to limit emissions from construction equipment:_NA DESIGNATED WILD AND SCENIC RIVER: Is this project site located wholly or partially within a defined river corridor of a federally designated Wild and Scenic River or a state designated Scenic River?Yes_No X; if yes, specify name of river and designation: If yes, does the project have the potential to impact any of the"outstandingly remarkable' , resources of a federally Wild and Scenic River or the stated purpose of a state designated Scenic River? Yes _No _; if yes, specify name of river and designation: if yes,will the project will result in any impacts to any of the designated "outstandingly remarkable' resources of the Wild and Scenic River or the stated purposes of a Scenic River. Yes _No _ if yes,describe the potential impacts to one or more of the"outstandingly remarkable" resources or stated purposes and mitigation measures proposed. -4- i 1 � ATTACHMENTS: 1. List of all attachments to this document. 2. U.S.G.S. map (good quality color copy, 8-1/2x 11 inches or larger, at a scale of 1:24,000) ' indicating the project location and boundaries. See Appendix A 3.. Plan, at an appropriate scale, of existing conditions on the project site and its immediate environs, showing all known structures, roadways and parking lots, railroad rights-of-way, wetlands and water bodies, wooded areas,farmland, steep slopes, public open spaces, and major utilities. See Appendix A 4 Plan, at an appropriate scale, depicting environmental constraints on or adjacent to the project site such as Priority and/or Estimated Habitat of state-listed rare species, Areas of Critical Environmental Concern, Chapter 91 jurisdictional areas, Article 97 lands, ' wetland resource area delineations, water supply protection areas, and historic resources and/or districts. See Appendix A 5. Plan, at an appropriate scale, of proposed conditions upon completion of project (if construction of the project is proposed to be phased, there should be a site plan showing conditions upon the completion of each phase). See Appendix A 6. List of all agencies and persons to whom the proponent circulated the ENF, in accordance with 301 CMR 11.16(2). See Appendix B 7. List of municipal and federal permits and reviews required by the project, as applicable. Order of Conditions-City of Salem MEPA Environmental Notification Form(ENF)-Executive Office of Energy and I Environmental Affairs(EOEEA) 401 Water Quality Certification-Massachusetts Department of Environmental Protection (MADEP) Chapter 91 License–MADEP U.S. Army Corps of Engineers(USACE)Permit-USACE MA Costal Zone Management Federal Consistence-Costal Zone Management(CZM) 1 Essential Fish Habitat Assessment–Division of Marine Fisheries(DMF) LAND SECTION - all proponents must fill out this section I. Thresholds/Permits A. Does the project meet or exceed any review thresholds related to land (see 301 CMR 11.03(1) Yes_X_No; if yes, specify each threshold: It. Impacts and No; A. Describe, in acres, the current and proposed character of the project site, as follows: Existing Change Total I Footprint of buildings _0 _0 0 _0 Internal roadways 0_ _ _0 Parking and other paved areas 0 0 _0 Other altered areas 0 =0 -0 Undeveloped areas 0 0 0 Total: Project Site Acreage 0_ _0 —0— B. Has any part of the project site been in active agricultural use in the last five years? _Yes X No; if yes, how many acres of land in agricultural use (with prime state or locally important agricultural soils)will be converted to nonagricultural use? C. Is any part of the project site currently or proposed to be in active forestry use? _Yes_X_No; if yes, please describe.current and proposed forestry activities and indicate whether any part of the site is the subject of a forest management plan approved by the Department of Conservation and Recreation: -5- D. Does any part of the project involve conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article 97?_Yes_X_No; if yes, describe: E. Is any part of the project site currently subject to a conservation restriction, preservation restriction, agricultural preservation restriction or.watershed preservation restriction?_ Yes_X_No; if yes, does the project involve the release or modification of such restriction? Yes_No; if yes, describe: F. Does the project require approval of a new urban redevelopment project or a fundamental change ' in an existing urban redevelopment project under M.G.L.c.121A? Yes_X_No; if yes, describe: G. Does the project require approval of a new urban renewal plan or a major modification of an ' existing urban renewal plan under M.G.L.c.121 B?Yes_No X_; if yes, describe: III. Consistency A. Identify the current municipal comprehensive land use plan Title: Point Neighborhood Historic Resources Survey and Preservation Plan Date-2006 B. Describe the project's consistency with that plan with regard to: 1) economic development Brings boaters to the neighborhood who purchase supplies from local establishments and dine in the area 2) adequacy of infrastructure Provides equipment for emergency removal of vessels in distress 3) open space impacts Provides access to ocean by maintaining a boat ramp and travel lift 4) compatibility with adjacent land uses PCYC has been in the neighborhood since before 1946 C. Identify the current Regional Policy Plan of the applicable Regional Planning Agency(RPA) RPA: Metropolitan Area Planning Council (MAPC) Title:—Salem Point Neighborhood Vision Date-2013 Describe the project's consistency with that plan with regard to: 1) economic development Brings boaters to the neighborhood who purchase supplies from local establishments and dine in the area 2) adequacy of infrastructure Provides equipment for emergency removal of vessels in distress 3) open space impacts: Provides access to ocean by maintaining a boat ramp and travel lift RARE SPECIES SECTION I. Thresholds/ Permits A. Will the project meet or exceed any review thresholds related to rare species or habitat(see 301 CMR 11.03(2))? _Yes_X_No; if yes, specify, in quantitative terms: (NOTE:/f you are uncertain, it is recommended that you consult with the Natural Heritage and Endangered Species Program (NHESP)prior to submitting the ENF.) B. Does the project require any state permits related to rare species or habitat? _Yes _X_No C. Does the project site fall within mapped rare species habitat(Priority or Estimated Habitat?) in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes_X_No. ' D. If you answered "No"to all questions A, B and C, proceed to the Wetlands,Waterways, and Tidelands Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Rare Species section below. II. Impacts and Permits A. Does the project site fall within Priority or Estimated Habitat in the current Massachusetts Natural Heritage Atlas (attach relevant page)? _Yes_No. If yes, 1. Have you consulted with the Division of Fisheries and Wildlife Natural Heritage and Endangered Species Program (NHESP)? _Yes_No; if yes, have you received a determination as to whether the project will result in the"take"of a rare species? Yes_No; if yes, attach the letter of determination to this submission. 2. Will the project"take" an endangered,threatened, and/or species of special concern in accordance with M.G.L. c.1 31A(see also 321 CMR 10.04)? _Yes_No; if yes, provide a summary of proposed measures to minimize and mitigate rare species impacts 3. Which rare species are known to occur within the Priority or Estimated Habitat? 4. Has the site been surveyed for rare species in accordance with the Massachusetts Endangered Species Act? _Yes_No 4. If your project is within Estimated Habitat, have you filed a Notice of Intent or received an Order of Conditions for this project? Yes_No; if yes, did you send a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program, in accordance with the Wetlands Protection Act regulations? _Yes_No B. Will the project"take" an endangered, threatened, and/or species of special concern in accordance with M.G.L. c.1 31A(see also 321 CMR 10.04)? _Yes _No; if yes, provide a summary of proposed measures to minimize and mitigate impacts to significant habitat: 7 r WETLANDS, WATERWAYS, AND TIDELANDS SECTION , I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to wetlands,waterways, and tidelands (see 301 CMR 11.03(3))? _X Yes_No; if yes, specify, in quantitative terms: Dredging 10,000 cy(25,000 cy proposed), alteration of> %acre of land under water(220,315 ' sq ft proposed) B. Does the project require any state permits(or a local Order of Conditions)related to wetlands, ' waterways, or tidelands? _X_Yes_No; if yes, specify which permit: Chapter 91 License, Section 401 Water Quality Certification, Order of Conditions C. If you answered "No"to both questions A and B, proceed to the Water Supply Section. If you , answered "Yes"to either question A or question B,fill out the remainder of the Wetlands, Waterways, and Tidelands Section below. It.Wetlands Impacts and Permits A. Does the project require a new or amended Order of Conditions under the Wetlands Protection Act(M.G.L. c.131A)? _X_Yes_No; if yes, has a Notice of Intent been filed?_X_Yes_ No; if yes, list the date and MassDEP file number:_64-609_; if yes, has a local Order of Conditions been issued? _X_Yes_No; Was the Order of Conditions appealed? _Yes _X_No. Will the project require a Variance from the Wetlands regulations?_Yes_X_No. B. Describe any proposed permanent or temporary impacts to wetland resource areas located on the project site: See Appendix A C. Estimate the extent and type of impact that the project will have on wetland resources, and , indicate whether the impacts are temporary or permanent: Coastal Wetlands Area (square feet)or Temporary or Length (linear feet) Permanent Impact? Land Under the Ocean _217,112 sq ft_ Temp Designated Port Areas 0 Coastal Beaches 2,292 sq ft_ Temp Coastal Dunes 0 Barrier Beaches 0 Coastal Banks - 0 Rocky Intertidal Shores 0 Salt Marshes 0 Land Under Salt Ponds 0 Land Containing Shellfish 19,154 sq ft_ Temp Fish Runs 650 ft Temp Land Subject to Coastal Storm Flowage 0 Inland Wetlands Bank (If) 0 Bordering Vegetated Wetlands 0 Isolated Vegetated Wetlands 0 Land under Water 0 Isolated Land Subject to Flooding 0 Borderi ng Land Subject to Flooding 0 Riverfront Area 0 r r D. Is any part of the project: 1. proposed as a limited project? Yes_X No; if yes,what is the area (in sf)? 2. the construction or alteration of a dam? _Yes_X_No; if yes, describe: 3. fill or structure in a velocity zone or regulatory floodway? Yes X No 4. dredging or disposal of dredged material? _X_Yes_No; if yes, describe the volume of dredged material and the proposed disposal site: –25,000 MASS BAY DISPOSAL SITE 5. a discharge to an Outstanding Resource Water(ORW)or an Area of Critical Environmental Concern (ACEC)? Yes_X_No 6. subject to a wetlands restriction order? _Yes_X_No; if yes, identify the area (in sf): 7. located in buffer zones? Yes–X—No; if yes, how much (in sf) E. Will the project: — _ --1. be subject to a local wetlands ordinance or bylaw? X Yes No 2. alter any federally-protected wetlands not regulated under state law? _Yes_X_No; if yes, what is the area (sf)? III.Waterways and Tidelands Impacts and Permits A. Does the project site contain waterways or tidelands (including filled former tidelands)that are subject to the Waterways Act, M.G.L.c.91? _X Yes_No; if yes, is there a current Chapter 91 License or Permit affecting the project site? _X_Yes --No; if yes, list the date and license or permit number and provide a copy of the historic map used to determine extent of filled tidelands: See Appendix A. B. Does the project require anew or modified license or permit under M.G.L.c.91?_X Yes No; if yes, how many acres of the project site subject to M.G.L.c.91 will be for non-water- 1 dependent use? Current _0_ Change _0_ Total _0_ If yes, how many square feet of solid fill or pile-supported structures(in sf)? 0 C. For non-water-dependent use projects, indicate the following: Area of filled tidelands on the site: NA Area of filled tidelands covered by buildings:_NA For portions of site on filled tidelands, list ground floor uses and area of each use: NA Does the project include new non-water-dependent uses located over flowed tidelands? Yes_No Height of building on filled tidelands—NA Also show the following on a site plan: Mean High Water, Mean Low Water, Water- dependent Use Zone, location of uses within buildings on tidelands, and interior and exterior areas and facilities dedicated for public use, and historic high and historic low water marks. D. Is the project located on landlocked tidelands? —Yes _X_No; if yes, describe the project's impact on the public's right to access, use and enjoy jurisdictional tidelands and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: E. Is the project located in an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations?_Yes X No; if yes, describe the project's impact on groundwater levels and describe measures the project will implement to avoid, minimize or mitigate any adverse impact: 1 9 r F. Is the project non-water-dependent and located on landlocked tidelands or waterways or , tidelands subject to the Waterways Act and subject to a mandatory EIR?_Yes_X_ No; (NOTE:If yes, then the project will be subject to Public Benefit Review and , Determination.) G. Does the project include dredging?_X_Yes_No; if yes, answer the following questions: What type of dredging? Improvement_Maintenance_X_Both ' What is the proposed dredge volume, in cubic yards(cys)_25,000 What is the proposed dredge footprint 445 length (ft)615 width (ft)_-8_depth (ft); Will dredging impact the following resource areas? Intertidal Yes_X_ No_; if yes, 2,292 sq ft ' Outstanding Resource Waters Yes_ No X— if yes,_sq ft Other resource area (i.e. shellfish beds, eel grass beds) Yes—X— No_; if yes _19,154_sq ft Blue Mussel Beds If yes to any of the above, have you evaluated appropriate and practicable steps to: 1)avoidance; 2) if avoidance is not possible, minimization; 3) if either avoidance or minimize is not possible, mitigation? After filing the Notice of Intent with the Salem Conservation Commission a dialog was had with the Division of Marine Fisheries(DMF). DMFprovided comments and requested additional information. The applicant responded and proposed several measures to reduce impacts. DMF acknowledged the measures in a favorable follow up respond. See Appendix A for the full DMF correspondence. If no to any of the above, what information or documentation was used to support this determination? Provide a comprehensive analysis of practicable alternatives for improvement dredging in accordance with 314 CMR 9.07(1)(b). Physical and chemical data of the sediment shall be included in the comprehensive analysis. See Appendix A Chemical data is not currently available. Implementation of this project depends on a favorable approval for ocean disposal. Sediment Characterization Existing gradation analysis results? _X_Yes_No: if yes, provide results. Existing chemical results for parameters listed in 314 CMR 9.07(2)(b)6?_Yes _X_No; if yes, provide results. Do you have sufficient information to evaluate feasibility of the following management options for dredged sediment? Not at this time If yes, check the appropriate option. Beach Nourishment_ Unconfined Ocean Disposal Confined Disposal: Confined Aquatic Disposal (CAD)_ Confined Disposal Facility (CDF) Landfill Reuse in accordance with COMM-97-001 _ Shoreline Placement_ Upland Material Reuse_ In-State landfill disposal_ Out-of-state landfill disposal (NOTE: This information is required for a 401 Water Quality Certification.) IV. Consistency: A. Does the project have effects on the coastal resources or uses, and/or is the project located within the Coastal Zone?_X_Yes_No; if yes, describe these effects and the projects consistency with the policies of the Office of Coastal Zone Management: This project is maintenance dredging and complies with all applicable CZM Policies - 10- r r r C. Is the project located within an area subject to a Municipal Harbor Plan? _X_Yes_No; if yes, identify the Municipal Harbor Plan and describe the project's consistency with that plan: Salem Harbor Plan 2008. The proposed project is consistent with the SHP by maintaining Palmer Cove Channel through maintenance dredging and improving water quality by improving circulation in the marina basin. WATER SUPPLY SECTION I. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to water supply (see 301 CMR 11.03(4))? _Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to water supply? _Yes_X • No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Wastewater Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Water Supply Section below. II. Impacts and Permits A. Describe, in gallons per day(gpd), the volume and source of water use for existing and proposed activities at the project site: Existing Change Total Municipal or regional water supply Withdrawal from groundwater Withdrawal from surface water Interbasin transfer (NOTE:Interbasin Transfer approval will be required if the basin and community where the proposed r water supply source is located is different from the basin and community where the wastewater from the source will be discharged.) B. If the source is a municipal or regional supply, has the municipality or region indicated that there is adequate capacity in the system to accommodate the project?_Yes_No C. If the project involves a new or expanded withdrawal from a groundwater or surface water ' source, has a pumping test been conducted? —Yes_No; if yes, attach a map of the drilling sites and a summary of the alternatives considered and the results. D. What is the currently permitted withdrawal at the proposed water supply source (in gallons per r day)? Will the project require an increase in that withdrawal?_Yes _No; if yes, then how much of an increase(gpd)? E. Does the project site currently contain a water supply well, a drinking water treatment facility, water main, or other water supply facility, or will the project involve construction of a new facility? Yes No. If yes, describe existing and proposed water supply facilities at the project site: ' Permitted Existing Avg Project Flow Total Flow Daily Flow Capacity of water supply well(s)(gpd) Capacity of water treatment plant(gpd) F. If the project involves a new interbasin transfer of water, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or proposed? r r r G. Does the project involve: r 1. new water service by the Massachusetts Water Resources Authority or other agency of the Commonwealth to a municipality or water district? _Yes —No 2. a'Watershed Protection Act variance? _Yes_No; if yes, how many acres of alteration? 3. a non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities? _Yes_No III. Consistency Describe the project's consistency with water conservation plans or other plans to enhance water resources, quality, facilities and services: ' WASTEWATER SECTION I. Thresholds I Permits A. Will the project meet or exceed any review thresholds related to wastewater(see 301 CMR 11.03(5))? _Yes_X_ No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to wastewater? _Yes_X_No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Transportation --Traffic Generation Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Wastewater Section below. II. Impacts and Permits A. Describe the volume(in gallons per day)and type of disposal of wastewater generation for existing and proposed activities at the project site (calculate according to 310 CMR 15.00 for septic systems or 314 CMR 7.00 for sewer systems): Existing Change Total Discharge of sanitary wastewater Discharge of industrial wastewater TOTAL Existing Change Total Discharge to groundwater ' Discharge to outstanding resource water Discharge to surface water Discharge to municipal or regional wastewater facility , TOTAL B. Is the existing collection system at or near its capacity? _Yes_No; if yes, then describe the measures to be undertaken to accommodate the project's wastewater flows: C. Is the existing wastewater disposal facility at or near its permitted capacity?_Yes_No; if yes, then describe the measures to be undertaken to accommodate the project's wastewater flows: D. Does the project site currently contain a wastewater treatment facility, sewer main, or other r wastewater disposal facility, or will the project involve construction of a new facility? _Yes No; if yes, describe as follows: t2 r Permitted Existing Avg Project Flow Total Daily Flow Wastewater treatment plant capacity (in gallons per day) E. If the project requires an interbasin transfer of wastewater, which basins are involved, what is the direction of the transfer, and is the interbasin transfer existing or new? (NOTE:Interbasin Transfer approval may be needed if the basin and community where wastewater will be discharged is different from the basin and community where the source of water supply is located.) F. Does the project involve new sewer service by the Massachusetts Water Resources Authority (MWRA)or other Agency of the Commonwealth to a municipality or sewer district? Yes_No G. Is there an existing facility, or is a new facility proposed at the project site for the storage, treatment, processing, combustion or disposal of sewage sludge, sludge ash, grit, screenings, wastewater reuse (gray water)or other sewage residual materials? _Yes_No; if yes, what is the capacity(tons per day): Existing Change Total Storage Treatment Processing Combustion Disposal H. Describe the water conservation measures to be undertaken by the project, and other wastewater mitigation, such as infiltration and inflow removal. III. Consistency A. Describe measures that the proponent will take to comply with applicable state, regional, and local plans and policies related to wastewater management: B. If the project requires a sewer extension permit, is that extension included in a comprehensive wastewater management plan? _Yes_No; if yes, indicate the EEA number for the plan and whether the project site is within a sewer service area recommended or approved in that plan: TRANSPORTATION SECTION (TRAFFIC GENERATION) ` I. Thresholds I Permit A.Will the project meet or exceed any review thresholds related to traffic generation (see 301 CMR 11.03(6))? Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to state-controlled roadways?_Yes_X_ No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Roadways and Other Transportation Facilities Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Traffic Generation Section below. _ Ig_ S r II.Traffic Impacts and Permits A. Describe existing and proposed vehicular traffic generated by activities at the project site: Existing Change Total Number of parking spaces Number of vehicle trips per day ITE Land Use Code(s): B. What is the estimated average daily traffic on roadways serving the site? , Roadway Existing Change Total 1. 2. 3. C. If applicable, describe proposed mitigation measures on state-controlled roadways that the project proponent will implement: D. How will the project implement and/or promote the use of transit, pedestrian and bicycle facilities and services to provide access to and from the project site? C. Is there a Transportation Management Association (TMA)that provides transportation demand management(TDM)services in the area of the project site? Yes No; if yes, describe if and how will the project will participate in the TMA: D. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation facilities? Yes No; if yes, generally describe: E. If the project will penetrate approach airspace of a nearby airport, has the proponent filed a Massachusetts Aeronautics Commission Airspace Review Form (780 CMR 111.7)and a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (CFR Title 14 Part 77.13, forms 7460-1 and 7460-2)? 111. Consistency Describe measures that the proponent will take to comply with municipal, regional, state, and federal plans and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services: TRANSPORTATION SECTION (ROADWAYS AND OTHER TRANSPORTATION FACILITIES) I. Thresholds A. Will the project meet or exceed any review thresholds related to roadways or other transportation facilities (see 301 CMR 11.03(6))? _Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to roadways or other transportation facilities? _Yes_X_No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Energy Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Roadways Section below. II. Transportation Facility Impacts A. Describe existing and proposed transportation facilities in the immediate vicinity of the project site: to r B. Will the project involve any 1. Alteration of bank or terrain (in linear feet)? 2. Cutting of living public shade trees (number)? 3. Elimination of stone wall (in linear feet)? III. Consistency-- Describe the project's consistency with other federal, state, regional, and local plans ' and policies related to traffic, transit, pedestrian and bicycle transportation facilities and services, including consistency with the applicable regional transportation plan and the Transportation Improvements Plan (TIP),the State Bicycle Plan, and the State Pedestrian Plan: ENERGY SECTION I. Thresholds/Permits A.Will the project meet or exceed any review thresholds related to energy (see 301 CMR 11.03(7))? Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to energy? _Yes_X_No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Air Quality Section. If you 1 answered "Yes"to either question A or question B, fill out the remainder of the Energy Section below. II. Impacts and Permits A. Describe existing and proposed energy generation and transmission facilities at the project site: Existin Change Total Capacity of electric generating facility (megawatts) Length of fuel line (in miles) Length of transmission lines (in miles) Capacity of transmission lines (in kilovolts) B. If the project involves construction or expansion of an electric generating facility, what are: 1. the facility's current and proposed fuel source(s)? 2. the facility's current and proposed cooling source(s)? C.'If the project involves construction of an electrical transmission line, will it be located on a new, unused, or abandoned right of way?_Yes No; if yes, please describe: D. Describe the project's other impacts on energy facilities and services: III. Consistency Describe the project's consistency with state, municipal, regional, and federal plans and policies for enhancing energy facilities and services: AIR QUALITY SECTION I. Thresholds A. Will the project meet or exceed any review thresholds related to air quality(see 301 CMR 11.03(8))? _Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to air quality? _Yes_X_No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Solid and Hazardous Waste Section. If you answered "Yes"to either question A or question B,fill out the remainder of the Air Quality Section below. 15 1 11. Impacts and Permits A. Does the project involve construction or modification of a major stationary source (see 310 CMR 7.00,Appendix A)?_Yes_No; if yes, describe existing and proposed emissions (in tons per day)of: Existing Change Total Particulate matter Carbon monoxide Sulfur dioxide Volatile organic compounds Oxides of nitrogen Lead Any hazardous air pollutant Carbon dioxide B. Describe the project's other impacts on air resources and air quality, including noise impacts: III. Consistency A. Describe the project's consistency with the State Implementation Plan: B. Describe measures that the proponent will take to comply with other federal, state, regional, and local plans and policies related to air resources and air quality: SOLID AND HAZARDOUS WASTE SECTION 1. Thresholds/Permits A. Will the project meet or exceed any review thresholds related to solid or hazardous waste (see , 301 CMR 11.03(9))? _Yes_X_No; if yes, specify, in quantitative terms: B. Does the project require any state permits related to solid and hazardous waste? _Yes _X_No; if yes, specify which permit: C. If you answered "No"to both questions A and B, proceed to the Historical and Archaeological Resources Section. If you answered "Yes"to either question A or question B, fill out the remainder of the Solid and Hazardous Waste Section below. II. Impacts and Permits A. Is there any current or proposed facility at the project site for the storage, treatment, processing, combustion or disposal of solid waste?_Yes_No; if yes, what is the volume (in tons per day) of the capacity: Existing Change Total , Storage Treatment, processing Combustion Disposal B. Is there any current or proposed facility at the project site for the storage, recycling, treatment or disposal of hazardous waste?_Yes_No; if yes, what is the volume (in tons or gallons per day) of the capacity: Existing Change Total Storage Recycling 16 Treatment Disposal C. If the project will generate solid waste (for example, during demolition or construction), describe alternatives considered for re-use, recycling, and disposal: D. If the project involves demolition, do any buildings to be demolished contain asbestos? Yes No E. Describe the project's other solid and hazardous waste impacts (including indirect impacts): III. Consistency Describe measures that the proponent will take to comply with the State Solid Waste Master Plan: HISTORICAL AND ARCHAEOLOGICAL RESOURCES SECTION I. Thresholds/Impacts A. Have you consulted with the Massachusetts Historical Commission? _Yes_X_No; if yes, attach correspondence. For project sites involving lands under water, have you consulted with the Massachusetts Board of Underwater Archaeological Resources? Yes X No; if yes, attach correspondence B. Is any part of the project site a historic structure, or a structure within a historic district, in either case listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? _Yes_X No; if yes, does the project involve the demolition of all or any exterior part of such historic structure? —Yes_No; if yes, please describe: C. Is any part of the project site an archaeological site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth? —Yes X_No; if yes, does the project involve the destruction of all or any part of such archaeological site _? _Yes No; if yes, please describe: D. If you answered "No"to all parts of both questions A, B and C, proceed to the Attachments and Certifications Sections. If you answered "Yes"to any part of either question A or question B, fill out the remainder of the Historical and Archaeological Resources Section below. II. Impacts Describe and assess the project's impacts, direct and indirect, on listed or inventoried historical and archaeological resources: III. Consistency Describe measures that the proponent will take to comply with federal, state, regional, and local plans and policies related to preserving historical and archaeological resources: 17 1 CERTIFICTIONS: f , 1.. The.Public Notice of Environmental Review has been/will be published in the following newspapers In accordance with 301 CMR 11.15(S): ( (Name) Salem Evening News (Date) November 29,2016 �. 6 2.. This formhasbeen circulated to Agencies and Persons in accordance with 301 CMR 11.16(2). Signatures: 71 /11 Date Signature of Responsible Officei, Date Vsignature of person preparing or Proponent, c i ENF(if different from above) Laurence G.Robertie Luke Fabbri = Nam e(Print ortype) - - Name_(print ortype) Palmer's Cove Yacht Club.Inc. a Geological Field Services, Inc. {�{ Firm/Agency, } r Finn/Agency 74 Leavitt Street - 14 Hubon Street StreetStreet Salem MA 01970- Salem MA 01970 Munici ali State i . c --=r•`—r• + «_ - ^,- Municipality/State/Zip 978-774-9722 978-594-1376 Phone Phone t q_ 18 .-. Q.. �r.rs�-^s•r^ .r ur J ..� .._._+._ =r. , 1 X , s Z W a a 1 1 1 1 1 1 APPENDIX A i , I � r PROJECT NARRATIVE PALMER'S COVE YACHT CLUB SALEM,MASSACHUSETTS I A. INTRODUCTION The Palmer's Cove Yacht Club (PCYC) is proposing four activities at the existing marina including: "Maintenance Dredging" of an area within Salem Harbor; establishing a "Reconfiguration Zone" for the marina basin; a"Request To Retain Unpermitted Structures"within the marina to accommodate variations in the existing structures compare to the permitted structures and a"Request to Expand"the number of permitted piles and to extend certain existing finger piers to accommodate larger boat tie ups. The project area is located within Salem Harbor(see Figure 1) and is used for the launching and mooring of recreational boats. The typical vessel size ranges from 20 to 36 feet, however some boat are up to 42 feet long. The recreational boating season typically lasts 26-weeks from May through October. The PCYC marina has been previously dredged in 1946, 1954 and 1980 with varying dredge footprints. The total potential Maintenance Dredge area is 288,840 square feet based on an amalgamation of the past three dredging projects as shown on Figures 2 and 3. The marina basin is approximately 203,115 square feet and the access channel consists of approximately 85,725 square feet. The proposed project consists of Maintenance , Dredging approximately 25,000 cubic yards of sediment from a reduced footprint of 219,404 square feet of the existing boat basin and channel to -8 feet below mean low water(MLW). The proposed dredged material is anticipated to be suitable for ocean disposal pending approval from the US Army Corps of Engineers (ACE). A sampling plan issued by ACE is being implemented at this time. To date only the grain size analyses have been completed. Ten sediment samples were collected and analyzed for grain size distribution. Those samples are now being use in two 10-day bioassay tests to determine what additional analyses are necessary. The proposed"Reconfiguration Zone" includes the marina basin footprint and the Section 1 OA floats as shown on Figure 3. The"Request To Retain Unpermitted Structures"includes a number of minor deviations from the permitted structures; two sets of seasonal Section 10A floats and the addition of some currently unpermitted floats as detailed in Section D. The"Request to Extend Licensed Structures" includes increasing the number of piles by 10 to secure the l0A floats and increasing the length of 18 existing finger piers including twelve finger piers on Expansion Lane and six finger piers on the ocean side of Wall Street. Some of the club member's boats are in the 36-41 foot long range and,the existing 20-foot finger piers make it difficult to securely tie up the larger boats. B. PROJECT BACKGROUND Dredging History The PCYC is located in Salem Harbor in the Salem Point Neighborhood adjacent to Shetland Properties Office Park. The PCYC originated in the early 1900's after the City of Salem had filled in the tide flats of Palmers Cove. A series of licenses to fill and build sea walls are on record with the Essex Registry of Deeds. The original PCYC was authorized under License#422 and consisted of a bulkhead,marine railway and pier. A record search of plans and licenses recorded at the Essex Country Registry of Deeds failed to locate License 4422. The Massachusetts Department of Environmental Protection (MADEP) and Massachusetts Department of Public Works (MADPW) conducted a search of their own archives and could not locate a copy of that license. The first record of dredging is a 1946 plan approved by MADPW. MADPW contracted Bay State Dredging and Contracting (Bay State) for the 40,000 cubic yard dredge project. Copies of the 1946 permit and plan are presented in Attachment A. The marina was dredged a second time in 1954. MADPW again contracted Bay State for dredging 40,000 cubic yards. A copy of the MADPW contract is presented in Attachment A. The dredge plan has not been located,but the northern boundary and access channel of the licensed dredge area are shown on recorded License Plan 5447 prepared by Shetland Properties in 1968 when they wanted to fill a portion of Palmers Cove. A copy License Plan 5447 is presented in Attachment A. The marina and access channel were last dredged in 1981 when the Massachusetts Department of Environmental Quality Engineering (MADEQE) and the City of Salem, I were the applicants. Copies of the City of Salem's Order of Conditions, ACE Permit (MA-SALE-81-096) and the ACE "Finding of Facts" are presented in Attachment A. The Chapter 91 license for the 1980 dredge project has not been located at the Essex County Registry of Deeds or in the MADEP or MADPW archives. The approximate dimensions of previous three dredged areas based on the available plans are shown on Figure 2. The proposed Maintenance Dredging Area is shown on Figure 3. The proposed Maintenance Dredging Area is smaller than the area previously dredged because the access channel has been confined to the access channel dredged in 1980 only. Permits and Licenses for Structures The original Chapter 91 License Plan 422 has not been located at the Essex County Registry of Deeds or in the MADEP and/or MADPW archives. However, License Plan 422 is referenced and the structure is shown on License Plan 5447 in Attachment A. Chapter 91 License Plan 749 (4 Sheets), dated August 21, 1981, and License Plan 2559 (3 Sheets)dated February, 15, 1991, authorized the configuration marina as it exists today with various alterations. The ACE issued Permit 88-1346-R-90, pursuant to Section 10 of the Rivers and Harbors Act of 1899 for the same project on November 27, 1990. The ACE permit corresponding to the 1981 Chapter 91 License was not located. Sources of Contamination An assessment of potential sources of contamination located in or adjacent to the project area has been performed. There are two-storm water outfalls located along the perimeter of the project area shown on Figures 2 and 3. The outfalls are connected to the City of Salem storm water sewer system and discharge directly into Salem Harbor. There is a boat washing station located on shore adjacent to the boat lift. The system is setup to re-circulate wash/rinse water which is stored in a tight tank. There are no gasoline filling pumps located at the marina and no engine maintenance services are provided. Available Bathymetric Information Steel Associates Marine Consultants, LLC performed a bathymetric survey of the proposed dredging area on July 13, 2015. This information has been used to establish existing conditions and estimate dredge quantities. The results of the bathymetric survey are shown on Figures 2, 3 and 4. Figure 4 show cross section of the proposed Maintenance Dredge Area. C. PROPOSED RECONFIGURATION ZONE AND REQUEST TO RETAIN UNPERMITTED STRUCTURES In 1981, all of the then existing structures including bulkheads, travel lift, boat ramp, deck, piers, floats and piles were permitted under Chapter 91 License 749. The recorded license and plans,presented in Attachment B, contain a detailed description of the permitted structures that was used to complete Table 1. In 1991, an expansion of the marina was permitted under Chapter 91 License 2559 and ACE Permit 1988-1346-R-90. The recorded License 2559 plans and ACE Permit 1988-1346-R-90,presented in , Attachment B approximated the number of finger piers and piles to be installed. The existing structures are shown on Figure 2 and 3. In 1981, the marina piers included the Dinghy Tie Up, Main Street, Middle Street, Wall Street and Lookout Lane, the various end floats, bulkheads, travel lift,boat ramp, and deck all detailed in the written portion of the Chapter 91 License. The 1991 expansion included the extension of main piers known as Middle Street, Wall Street and Lookout Lane, the addition of a new main pier known as Expansion Lane, and a number of new piles and finger piers. In 1991, piles and a single finger pier were permitted as markers for two sets of floats that were permitted as seasonal Section l0A floats including Witch Way and"the Breakwater. These floats, still permitted as Section l0A floats, are included is this proposed"Reconfiguration Zone and Request to Retain Unpermitted Structures." If licensed as piled held floats, additional piles will be sought to hold these floats in place. Table 1 presents a summary of the permitted structure and the existing structure. The majority of the existing structures are as permitted with some minor alterations. The following is a summary of the structural changes. Existing Conditions An as-built of the existing marina is presented on Figures 2 and 3. Table 1 is a summary of the marina components comparing the as-built structure with the 1981 and 1991 licenses. The marina has seven main piers identified as Main Street, Party Lane, Middle Street, Wall Street, Lookout Lane, Expansion Lane and the Dinghy Tie-Up. The main piers are constructed of 75 floats including (59) 8x20' floats(12) 10x20' floats and(4) end floats of various sizes. There are 79 finger piers that vary in width from two to five feet and in length from 16 to 20 feet. Seventy-seven of the finger piers are permitted by Chapter 91 while the ACE permit only approximated the number of finger piers. The total permitted length of the main piers is 1,503.6 feet and the as-built length is 1,481. The total permitted area of main piers is 13,830 square feet and the as-built area is 13,765. The total permitted area of finger piers is 3,540 square feet and the as-built area is 3,544 including the two additional floats. The total permitted piles are 86 and there are 93 existing with a number in different locations. There are two gangways providing laccess to the piers, a travel lift with boat wash station and a bulkhead all of which are permitted. On the west side of the clubhouse is a public boat ramp. Boats are placed in winter storage in the parking lot surrounding the clubhouse. There are no fuel docks. In addition to the piles held floats and structures,there are two sets of IOA permitted mooring held floats identified as Witch Way and the Breakwater. The Salem Harbormaster issues annual permits for these seasonal floats. The Breakwater is secured with four mooring anchors and Witch Way is secured with six mooring anchors. Since 1991,two unpermitted piles have been added to serve as markers for the Section 10A floats on the Breakwater and Witch Way. The Section IOA'floats include (14) 8x20', (4) 1500' and one 4x4' floats. These Section l0A floats are being included in the "Request To Retain Unpermitted Structures."Four of the six piles and one finger pier used to mark the float's seasonal positions were permitted in the 1990 ACE permit 88-1346-R-90 and the 1991 Chapter 91 License 2559. One additional pile has been added to the northwest end of Witch Way and one pile was added to the middle of the Breakwater. PCYC would like to permit the Section l0A floats as pile held floats and add several additional piles to keep them in place over winter months. The total area of Witch Way is 2,360 square feet not including the permitted finger pier, and the total area of Breakwater is 1,816 square feet including a 4x4' spacer float because the three piles are not in a perfectly straight line. ' Unpermitted structures include the "Dinghy Rack"east of the travel lift ramp consisting of(3) 8x20' floats and(1) 8x16' float. These floats were added recently to accommodate dinghy's that are no longer able to"get out"because of siltation. PCYC would like to include these floats in the "Request To Retain Unpermitted Structures." The total area of the Dinghy Rack is 608 square feet. Because of changes in what has been built compared to the permit plans, the PCYC is proposing to file an application with MADEP Chapter 91 and the Army for a "Request To Retain Unpermitted Structures"and establishment of a"Reconfiguration Zone" for the boat basin that allows for minor reconfiguration changes that occur when repairs are made to the piers, piles, floats and finger piers or when the structures are removed for dredging and then replaced. The proposed"Reconfiguration Zone" is shown on Figure 3 and includes all existing floats. Within that"Reconfiguration Zone"PCYC proposes to request authorization for up to 10 additional piles than are currently in place so that the l0A floats can be secured. PCYC also proposes to request authorization for up to three additional finger piers to accommodate changes in boat sizes as well as the potential to extend 18 finger piers up to 10 feet to accommodate longer boats. This would increase the total area of the finger piers by 510 square feet. D. PROPOSED MAINTENANCE DREDGE PROJECT , The location of the project is shown on Figure 1 —Locus Map. Figure 2 shows the approximate extent of the three past dredge projects in 1946, 1954 and 1981. There are several overlaps in the previous dredge plan footprints and the access channel location has shifted during each event. Figure 3 shows the proposed"Maintenance Dredge Area and"Reconfiguration Zone." Figure 4 shows cross-sections of the proposed dredge project. Figure 5 shows shellfish habitat based on MASSGIS mapping. Figure 6 shows the intertidal areas above MLW and MLLW as requested by the Division of Marine Fisheries (DMF). DMF provided comments of the Notice of Intent filed with the Salem Conservation Commission. In response,the intertidal areas have been shown in detail on ' Figure 6 and on Figures 2 and 3. The proposed Maintenance Dredge Footprint has been reduced by 823 sq ft to preserved intertidal area. The full response to DMF's comments is presented in Attachment C. The total potential area of the Maintenance Dredge Area is approximately 288,840 square feet. However, the actual proposed area to be dredged is 219,404. This is because the boat basin area has been reduced by 823 sq ft to preserve Coastal Beach in the intertidal area per DMF comments and because the channel area has been reduced by 68,525 sq ft to 17,200 sq ft to protect potential ell grass habitat, see Figure 3. The proposed volume to be dredged is 25,000 cubic yards. The proposed project area will be dredged to a depth of -8 feet below MLW in the basin and access channel. The entire proposed dredge area has previously been dredged by the MADEQE, City of Salem and MADPW and all proposed work is maintenance dredging. Dredging will only be conducted if ocean disposal is permitted. Dredging will be conducted by mechanical method using a barge-mounted excavator with an environmental bucket. Once excavated, dredge material will be loaded directly into a scow for transportation to an ocean disposal location. RESOURCE AREAS This is a water-dependent project that has been designed, and will be preformed, using the best available measures to minimize adverse impact on the resource areas defined under the Wetlands Protection Act. The project consists of routine maintenance dredging in previously authorized areas to previously authorized dimensions. According to the Massachusetts Wetlands Act, the entire project area is classified as Land Under Ocean (LUO). 1. LAND UNDER THE OCEAN (310 CMR 10.25) Land Under the Ocean is defined as"land extending from the mean low water line seaward to the boundary of the municipality'.s jurisdiction and includes land under estuaries. LUO, particularly the near-shore area, is presumed significant to the protection of marine fisheries, protection of wildlife habitat, storm damage prevention and floor control (3 10 CMR 10.25). According to 310 CMR 10.25(4), "maintenance dredging for navigation purposes affecting LUO shall be designed and carried out using the best available measures so as to minimize adverse effects on such interests caused by changes in marine productivity which will result from the suspension or transport of pollutants, increases in turbidity, the smothering of bottom organisms, the accumulation of pollutants by organisms, or the destruction of marine fisheries habitat or wildlife habitat. Projects not included in 310 CMR 10.25(3) which affect LUO shall;if water- dependent, be designed and constructed, using best available measures, so as to minimize adverse affects on marine fisheries habitat or wildlife habitat caused by (a) alterations in water circulation;(b) destruction of eelgrass (Zostera marina)or widgeon grass (Rupia marina) beds; (c) alterations in the distribution of sediment grain size; (d) changes in water quality, including but not limited to, other than natural fluctuations in the level of dissolved oxygen, temperature or turbidity, or the addition of pollutants; or(e) alterations of shallow submerged lands with high densities of polychaetes,mollusks, or macrophytic algae. According to 310 CMR 10.25(7)not withstanding the provisions of 310 CMR 10.25 (3)through (6), no projects shall be permitted which will have adverse effect on habitat sites of rare vertebrate or invertebrate species, as identified by procedures established under 310 CMR 10.37. The proposed project footprint is approximately 219,404 square feet of which of 217,112 sq ft are LUO in Salem Harbor. The proposed dredging area has a soft substrate that consists of very fine slit and sand. Grain size analysis of sediment samples has been conducted. Grain size and laboratory analysis of sediment samples indicate the greater than 90% of the sediment passes a 200 sieve. Copy of the grain size data is attached in Attachment D. Water circulation will be improved in the marina basin because of the proposed project and marine productivity will benefit by the increased circulation. There may be temporary, minimal turbidity and/or dissolved oxygen impacts caused during dredging activity. These are likely to subside quickly following work stoppage. Since dredging activity will not be conducted continuously, overall water quality should not be impacted. The entire project area has been dredged previously. The area is likely to contain opportunistic benthic species typical of other dredged areas. The area should recolonize with populations of organisms similar to currently existing ones rapidly �, following dredging activity. Data from the MADEP Wetlands Conservancy Program (WCP) indicates no occurrences of eelgrass (Zostera marina) or midgeon grass (Rupia maritina) in the project area. Eelgrass has been mapped at the mouth of the access channel in 1995, 2010 and 2012. No dredging is proposed past 7+125 in the access channel, which puts the entire project greater than 250 feet away form previously mapped ell grass beds, well outside of the 100-foot buffer zone recommended by DMF. After the project redesign, DMF has stated that they will not require an eelgrass survey because of the project's setback from mapped eelgrass and eelgrass habitat. There are no shallow submerged lands with high densities of polychaetes,mollusks, or macrophytic algae in the project area. According to National Heritage and Endangered Species Program data available through MAGIS, there are no specified habitat sites of rare vertebrate or invertebrate species in the project area or surrounding areas, as identified in the procedures established under 310 CMR 10.37 Adjacent shorelines consist of permitted seawalls. The structures were in existence during previous dredging events and were in no way impacted by dredging activity. Thus the proposed dredging activity is not likely to impact the structures or surrounding exposed shoreline. The proposed project will be performed after September 30 during the dormant fall and before February 15. The proposed project will take approximately four months to complete. Project activities are reoccurring based on high water thus will not likely significantly affect the resource area's ability to provide feeding, spawning or shelter areas to costal organisms, or to buffer the high-energy effect of storms. 2. COASTAL BEACH (310 CMR 10.27) A Coastal Beach is defined as an area of"unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal Beach is present on two side of the proposed project (Shown in Figures 2 and 3). The project proposes to dredge 2,292 square feet of Coastal Beach above MLW. The areas of Coastal Beach are located in the northwest and southwest comers of the dredge footprint as shown on Figure 6. The northwest area has been reduced pursuant to DMF comments. The remainder of the northwest area requires dredging for safety because the floats ground at low tide and pitch strongly to the south. These floats can be a challenge to walk on at low tide especially when wet. The southwest area could not be reduced to preserve access to the slips behind the Main Street pier. All Costal Beaches proposed to be dredged are within the Maintenance Dredge footprint but have filled in since 1981. 3. LAND CONTAINING SHELLFISH (310 CMR 10.34) Land Containing Shellfish is defined as "land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains r shellfish." Land Containing Shellfish may exist within the intertidal and subtidal areas,which include LUO. Land Containing Shellfish shall be found significant when it has been determined and mapped as follows: by the Conservation Commission or the Department in consultation with DMF and based upon maps and designations of DMF; or by the Conservation Commission or the Department based on maps and written documentation of the shellfish constable or the Department. In making such identification and maps, the following factors shall be taken into account and documented: the density of shellfish, the size of the area and the historical and current importance of the area to recreational or commercial shellfishing. Currently, no maps exist which identify the project area as significant shellfish areas. DMF maps indicate that this area is and has been for many years closed to shellfishing due to high bacterial contamination. Massachusetts Geographic L Information System (MA GIS) data indicates that 19,154 square feet of the southern portion of the marina basin is suitable for Blue Mussell (Mytilus edulis). Small quantities of Blue Mussells were observed attached to the piles and floats. Since Blue Mussells usually attach to structures it is unlikely that they will be affected by dredging activities. All other MA GIS data does not indicate that the LUO actually contains any shellfish (See Figure 5). E. SEDIMENT SAMPLING AND ANALYSIS A sediment sampling and analyses plan has been provided by ACE. The first step of the ACE sampling plan has been implement. Ten sediment samples were collected and analyzed for grain size distribution. Data are presented in Attachment D. Those samples are now being use in two 10-day bioassay tests to determine what additional analyses are necessary. F. ALTERNATIVE ANALYIS Three alternatives have been considered for the project. The first alternative is "No Dredging"; the second it to dredge a larger area and deeper; and the third option is to dredge to -8 feet below MLW. No Dredge Alternative The"No Dredging"alternative is not considered a viable option because it would not improve access to the yacht club at minus tides. Larger and Deeper Alternative The larger and deeper alternative would consist of dredging a larger footprint or to a greater depth below MLW. This would provide easier access but would disturb a larger area and require additional permits. Therefore, it is not the preferred option. Minimal Alternative The "Minimal Alternative" is to dredge the channel and basin areas that would allow the existing boats to access the float at minus tides. This is the preferred option because it provides sufficient access and minimizes potential impacts to the resource area by both dredging activities and subsequent boat traffic. G. DREDGE MATERIAL DISPOSAL Dredge material generated during the past three dredging project at the PCYC have been suitable for ocean disposal. The proposed dredged material is anticipated to be suitable ed for ocean disposal pending approval from the ACE. However, the sampling plan has not been fully implemented at this time. H. PROPOSED MITIGATION The proposed project has been designed to minimize impacts to the surrounding environment to the greatest extent possible. Several mitigation measures have been proposed including Time of Year Restriction, reduction of dredge foot print,reduction in Coastal Beach footprint, replacing seasonal anchors with pile and others. The following is a list of the proposed mitigation measures. • The proposed project will take approximately four months to complete. Time of Year Restrictions will limit the dredge window to September 30 to February 15. • In the northwest comer where there is Coastal Beach, dredging to -8.0 will be limited to the first 16 feet off the float corner, and then using a 3:1 slope will reduce approximately 800 sf of intertidal conversion to.subtidal. • The Dinghy Tie Up and Witch's Way that grounds at low tide. The proposed mitigation is to rotate the line of floats out five feet to ensure all floats remain at least 18"off the mudflat at any tide post-dredging. If this recommendation cannot be satisfied,the applicant will piles with float stops or skids to minimize grounding. • The only dredging proposed in the access channel is near the marina basin, at least 250 feet from the 1995 DEP eelgrass layer. It is highly unlikely that eelgrass exists in the marina basin or westernmost portion of the channel based on DEP maps and site assessments we have conducted nearby in the last several years. However,eelgrass does exist along the eastern portion of the channel based on a field visit in September 2013 for an adjacent project. DFM will not require an eelgrass survey if dredging will be limited to the westernmost portion of the channel. • DMF shellfish biologists have recently updated their review policy regarding the request for a shellfish survey. DMF has offered that the applicant can use historic survey data in lieu of performing their own shellfish survey. If the applicant still wishes to conduct their own survey, results will be compared to historic data and the higher number will be used in the mitigation formula. • If the applicant will pay DMF to perform the mitigation seeding as part of ongoing enhancement work. Seeding will not occur in Salem Harbor or any other mudflats currently closed to shellfishing for public safety concerns. Rather,the nearest conditionally restricted or open flat should be used(i.e. in-kind but out-of-place). Out-of-kind mitigation will be considered on a case by case basis. 1 • The above mitigation is for the loss of the shellfish resource only. To mitigate for loss of habitat, this project may be suitable for the In Lieu Fee program for any intertidal areas above MLW converted to subtidal. This component of mitigation will be addressed in the Army Corps permitting process. I. PERMITING Permits required for the project include obtaining an Order of Conditions from the Conservation Commission, a Chapter 91 Permit from the MADEP, a 401 Water Quality Certification, filing a Environmental Notification Form and an ACE permit. PCYC filed a Notice of Intent with the Salem Conservation Commission in November 2015. Two hearings were held and the Commission issued an Order of Conditions on January 28, 2016. A copy of the Order of Conditions is presented in Attachment E. Research of previous dredging project permits indicates that an Environmental Impact Report has not been required in the past. J. CONCLUSIONS The PCYC is proposing a maintenance dredging project for an area within Salem Harbor. The project will provide safer navigation into and out of the PCYC marina during low water, reducing the risk of grounding and potential releases to the environment. The project has been designed to reduce any adverse impact to the surrounding environmental resources to the greatest extent feasible. The project consists of maintenance dredging approximately 25,000 cubic yards from a preexisting channel and basin to -8 feet below MLW. The project area is 1,375 feet long and ranges in width from 100 to 450 feet. The proposed project will impact ' approximately 217,112 sq ft of LUO in Salem Harbor and 2,292 sq ft of previously dredged Coastal Beach. The proposed dredged material is anticipated to be suitable d for ocean disposal pending approval from the ACE. The project area has been dredged previously on three occasions. Previous dredging activity was used to establish the dimensions of the project area. Due to the fact that the area has been dredged on three previous occasions, dredging activity will not likely seriously affect biologic activity in ' the project area. 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EXPAN4WI : MAWifNANLE OMDG[UMl1 a " C LANE LANE LANE -- ' =ANNE BA9N ACCESS dMNN£L ..." —.— — .wl`.. 6 wRECpNL MEAN LOW WAIEe _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MEAN.LOWWATER 17 7 4 \\\ APED!£rD 5 0 lS NL�PABE. _ \ BELOW NEAN LBW W.IER SYCPE I \._ I n. i. 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 I'11+00 10 SECTION A—A "" " . _. 9 ' Scale: Horizontal 1"-40' - - -- Vertical 1" = 4' aCCE55 C'eaxx£i 6 _.... _. .. _.... 4 _.. 2 ,- C LL gE�1� N_2EaSnNL tiADE re smollw c -6 Revisions GRAPHIC SCALE ^ n n a ^-R' o -t0 nFT "-°-'0 " 12+66 13+00 1b+00 14+7s ' PROPoSFO M!5 pRCPo.STd MIS 10 10 NAIN]ENANQ BRfCC£I/MlT MAMr .0'APmw I/NIT 10 laLtl' WN! - - uM11 1 6 APpppA'.LlMli� 8 1980.. ... 1980 :.I I, Griffin 1918 APEDpN4 - OFCDLINL DRFpLING ... i1BEH IXAS$0.9 ' 6 6 uw/r 6 Engineeringa T Group, LLC 4 - saw' ... q _ _. 1 1 4 nroROx.LI T Cr .. _ _. tlNIT .... _. uun _. 495 C Wf S"W.2M Floor ' - F 1954 BREBpNL """ "" ^ 1880 NIBBLE PARIY CY ID L v BBVel1Y.MA 01D)5 w 2 w 2 pprypxL s]REEr uxE O nE 2 ~ w L w 11 .1Ac IAN Law wntER O.eEDcxvC n Fe 9717927 10 0 — — —,— 0 — —" =EA_ow warzN _ —._. — I 0 Far:9]&97]5103 ZN I 2 1_.EYISIf.s..L. o2. _. . .L. _- 62 Nsn ;a=ABrnaas Fo PALMER COV E cIi - -a YACHT CLUB, IN C -4 a L WPLBW Bo W 74 LEAVITT STREETBYLDW 6 -6 1 WW ) -6 SALEM, MA � -ta -ID -ID CROSS-SECTIONS 0+00 1+0a _ 2+00 0+00 1+00 2+00 3+00 4+00 5+00 ' SECTION B—B — ACCESS CHANNEL SECTION C—C — MARINA BASIN FIGURE Scale: Horizontal - 1"=40' 4 Scale: Horizontal - 1"=40' Eales Vertical- 1" = 4' Vertical - 1" = 4' 0yfy u/]3/I5 i : � J mo ase:'�p,,,a. 3 %a'* -..�t 3 �aa a.• ,y • s ,4 r __'.! j Y a r';, ,� 6 ;, ', r, ■��_ •**'°� 4 .�' ��'"`,G�r � W '� zrr � _rK r4 �'row"tw'� �.a � .�'.r wa,t#� f i ■�- a ,�*4 .:. �,� � �5...��� 5r � a� � .� G€�; � '" ��e" � ,.�"k. ,la,r�� `tYrfR; ;v;� ��',}..�"'f � �'.. ■0-_ F�,978-927-5103 PALMER COVE YACHT CLUB, INC SHELLFISH SUITABILITY AREA rn� ascrow:. , t M1 \ r 5 I, y`rr+• � f q i 1 _ F µ ",A O Oo o 0 0 N � � o 0 W m Q 1 1 t 1 1 1 1 1 TABLES t i ABLE T ' E%IS STRUSTRUCTURE SUMMARY Paim Palmers Cove MA Club Shcpm,MA Location Main Piers Piles Finger Piers Permitted Exisiting , Permitted Existing Permitted Exisiting Floats Pier Floats Pier Number Width Length Length Area Number Width Length Length Area Number Number Number LWength Area Number Length Area ' Dingy-fleup ] 8 20 140 1120 ] 8 20 141 1128 0 2 0 0 Float at Ramp 1 D.] 14.6 14.6 404,42 3 8 20 20 480 Total Len h/Area 154.6 1524.42 161 16N Main Street 12 30 20 247 2470 12 10 20 242 2420 1 13 6 14 2x20 560 13 2%16 416 , Float at Ramp 1 28 15 15 420 1 32 15 15 480 Total Length/Area 262 2890 257 29W 6 2X16 192 Party Lane 8 8 20 162.5 1300 8 8 20 162 1296 12 15 11 2x20 440 5 2X20 200 Float at End 1 32.5 14.5 14.5 471.25 1 33 15 15 495 1 5x20 100 1 5%20 100 Total Len h/Area 1]] 1M.25 177 1791 Middle Street 15 8 20 320 2560 15 1 8 20 302 2416 17 16 10 2X20 400 9 2%20 360 Float at End 1 34 14 14 476 1 35 14 14 490 1 4%20 80 Total Length/Area 334 3036 316 29M ' Well street 9 8 20 190 1520 9 8 20 184 1472 11 12 14 2x20 560 3 2%16 96 10 2X20 400 2 5x20 200 2 5X20 200 Lookout Lane 10 8 20 203 1624 30 8 20 203 1624 18 21 12 2X20 480 12 2X20 480 2%20 80 2 5X20 200 1 5%20 100 1 4x20 80 Expansion Lane 8 8 8 183 1464 8 8 20 183 1464 11 15 11 2X20 440 6 2X20 240 2 5%20 200 4 3%20 240 Witch Way 2 3 1 8x20 160 1 4X20 80 Break Water 2 3 Number Ienpla Area Number Length Area Number Number Number Area Number Area Totals 73 1503.6 13829.7 75 1481 13]65 g6 93 ]] 3540 79 3544 '`w" Section IOA.Mooring Held Floats Appling for License as Pile Held Floats 5' Section 10A Permitted Exisiting Permitted Existing Section 20A Permitted Exisiting Floats Pier Floats Pier Piles permitted under [h 91 ' Number Width Length Length Area Number Width Length Length Area Number Number Number- Width Length Area Number Width Length Area WhchW +14 8 20 280 2240 v20 1280 32401 2 3 -- 1 -. 8 15 15 120 $ 8 35 I5 e' 120.: Total length 1,295'^ 23W r a 295 a =2360 I Bdeak Water 14 15 a 3:20 120 18M .o-0 z 35 n 20 120 e .1800 2 3 l k 04 ` a 16 X51 k14%4. a 16=- Total 415 4160 415 4160 4 16 4 16 - i . a • c r> 3` - r a Unpermltted Floats Appling for Licereanse as Pile Held Floats Di Rack 3 8 20 1 60 480 POes Shared with N F'nger Piers =1 -8 16 1 16 128> Dinghy Tie up Total a 76 ME, ' •.Permitted as 10A floats Unpermitted Structures Existing Pier Lengths include spacing between floats and nonmimal differences in float lengths. , Pier Areas based on total length not size of floats i ATTACHEMENTA i i i i i i 1 1 i 1 ATTACHMENT A ry tx & 1 1� 1 I, S 31 ���i ;Igl f tlf t t d 1.. ;' ' mrc'!1 .r r §, x ° A§�*�y ' .�,yiiap� 40 Ilk Ile 17 sk n art �,: , y,$° s .0.,m •,ry(y: �.p"x `a'+k t'r {.d >µ Ott r7x fi'+y x r ' .?`F, v{ i 4 Q w kt� W, pi.c "e& s ty� d ', '.n, % % gym' • }'q S`, + .� & R m $%S";�"iM a. ° vt c. 41 3 , n.a+r• `� 2' de' x"2� s a . x T— t,+,yR .p-a';` wy,: ��'.�� «+`'i`?y "�„ �ti! •° > ' "S`m. a � i&r a i' � ..� �'S`'�"d`- ` 1 sed' ^� F, W2.,a.4 ,7 '�• ''�"' ,f . a,rvi3 F',TM Nt C4 $ '3 `W+ �yti'i. Al 1. 4� } , Y t `" A 7 - Y \ •Y.. 'fAi�A�•lvnlx �'n4 �4 i�. i I nT.�4. wG4. h ,: t•x fir;= a «. i. t'�. iz; "t..nt-'FX tri Y;'°t» jt.� 4 C4 t s �� r•�t�. .Y d ,�M � >�,W'j f " 7"I. '�t^� x+r't�F�+,+� iN`wa�d iSr""rG.. � r >`X}. V" r <; ?�x4 V T.{a t$ do f k 4Xf 913 p}qq `" The work fe =be done 1rs�the dredgingx ofy'a' ohannel` and,.. G a'= . 4 i3." Das1n'-1n SaPem Harbor et Palmers SOove'. The channel #'K - to a ls,16be 60 feet wide -on the bottomxrand the besiss " `vis to'be of •the: dimeaelona, on4�the bottum, as'-ahowA'° o` t a {<on the plan. ;••The2ohennel;le to- be dredged rte a depth �• " j s: of six"(6) feet et meeyi'ilow'weter endithe basin"is to, .1 'nom 11 «be dredgedito'a depthlof>eight''(8) feeL'eitmoaa"Uw '' 'yl• ..¢. ..fie �#lzC + -d Alt 'i1F5..7.°t�j.'.zi}.�': 1 l •.:r„ T lgtt� s .. _ �'z ".'c,i d wpb i` ` 'r "i WtYiL4 efto QtTs 1 .,,. '14 "v4 Y A,?f v uk ff"4 -.wY�£� '9 *' .� #.•, �,'� ,a ti 'N.lt 'Awe_ ..ylL G*'S.' " • !`t'ei..� :cldt,� .a'� ,tit% Supplementin'g' the. Standard Specifications for Waterways. A"O V Work dated May 1941,,, those,Specisl,Provisions-shall apply Vn .-i+:- #_' „� - tot this ,work, , .,,.$r' G e'11 y"fir, xz w�7 k �� . .J.ivs 41 m^° IF , 'It _ x 'Yt i+ � :''C.+' a " f�` t; 7 t r i '�4>� :� •"."� 7 1. 't 3 2 ' kS4 ." tCa . ( gjgk3 The general location and dimensions of: thear a , ' oto be dredged are shown .•in detail on 'e plan on,file in,the office o the Department o - %Lblia Works' 100 Nashua Street, Boston, t4ass.,, marks,'� t "Proposed Dredging, Palmers Oeve, Salem. r Department of Public Works of Massachusetts • `. Division of Waterways, October 19464 'Scale 1:10000 Ace. 02559 " made a part of tFieae epaoificetione. Said plan is referred'to and ' + ' The area 1s to be dredged so that shall have �cthroughout upon completion of the work the depth specified obr • whole extent ea shown on the plan] with the banks at •the sides alopeat@t an ' angle not flatter than 1 on 3i No payment will, be made for material,dredged S ' ° . r outside the specified. 11mits, as shown by soundings,, unless the• eame`3s spa � eifieelly ordered in writing by the Engineer before the eaoavetion..is meder, k s ,, 34N ' 596' e ;' I In.the 7B % 0 the ' The amo V" ' rIn^.doing the'work the Contractor shall make the bottom of -theexa`ayeyata", sc _,tionsim4smooth end- level an -possible at or slightly ,below the �tlt,ie df t4 required depth,. but no payment will be'maae'for any material dredged from moratthan; one foot. ' ' below the required depth as deter s'"hereundl `« • fromgi'nformation obtained by surveys made under the direction of the E thea ?�g1n j,4pon�the�completion of all the work covered by this contract, except that m w�,i V i. ' when the, uantit ofkmate, ialt.excavate,d' isdto bet,determined b measure` iw upon' , -bfiq w✓ Y +h*.e t,�.v { ♦ to V Y y f¢d dept "4 P inN sltu��the soun�ning ma for�pthe v,ori:ons,*est mates and' the r'emoval'of.` me n ` ' ' shoelstlshall�be.;conclus vekand de"Otions1for overdepth or material ex,aVe t11e val outeide.ithti4 pWV- Viecifien limits,;�w1111be�PbL upontthe ,result of these sound( ��The w k All' boulder4s11 crubic yard or�less n tvolume,d�which may be found imyt e`ya for.t' meter�lal#ytot«be exo`avatad,,,#aratoibe removed ©s awpart ­'6f this contraet'.:upd If fo. ' f> eml: All bouln�era III. cess offl cubicfyard Salta not over'5 cubic yaide amount The �g 'g v � - q in volume„which=can lie excavated by, the'dredge;,andadgposited in ,the seofq r' aun” ; the usual dumping operation, are also to be paid' for under Item 1, but', ,if. m au` d , l additional work other than the regular dumping operation is required to d ` P, tG,R- pp,*V•� them• r aRItemt.2'ete Chey are raised byt tibuck�et,� 14 En they are to.be paid for under a 4e t t Engin, eI: tCgga ttI'f any)ledges,oral'found�withinC'the 'erea'to,bex`dredged, all material' covering them is to be dredged away and thekled'g' W left bare. Boulders Sn ttttl°as tI excess of 5 cubic yards'in volume will be considered as ledge; 1 Rtloneas Each. . , < I v 9 The`exoavated mterial ,shall, be dumped at sea east of a " straight line ,joining Halfway Rock Beacon end Middle Breakers. Spindle and southerly of Halfway Rock Beacon; in not less than ' s 1 12`fathoms• of water over the deposited material at mean low «g il ater,�andOin� suchlpleces EWN at suotistrmes` asdmaylb"e approved �s ` 1 v by tha En i•neem, i"or�"sticfir other" diiapos"ition nTay,06 made ofsthe dstr�rr+ r material or°any portion of'"int=iris shaPlt bo ap rgvtiii byZthe 1)6' %4*10U partmenti7. ° � *'`' , .rkx nC N'�'.&`7F'i' {i 4"3E ,0' {"8 t'`? Rt dl;�,Ta'�.'i.� £§tta Y•'4t$iJ{/j._�h I& CA4&,; 04 ,� ;« .C• Fvia iceaear.rt $4 �t1 j . teyL4fl' 'I 0 $�V}yIirjd � � 9%* to at b+am00' C.,q_ 44 ajj •' 4N "Z4 tji �$ + 444" 4 }sS . .„t � _ �� u:,l� � a ��€� ��tt�t ��� .�C��.�s�► *��` +�� a�� ���.�'�fi� Cad - ss i�� ��� � �� 4 v « a+axc+ ung d rsSt tsecx $� _ 4 ag n s•`k , re z ) 7 73 7 7 Tfeco ' 4 11 r�, I'M :`r,. :;? �"r" ;zi,�'6 '� � # "#x `moi t #''�'�� ��z� .§3 .a`�.a. �': 4;,�r -'� "5�%#. z `' est.:• s�, �.c. � $" � -! `3�: fi ,Q �� s ' Iry fp 2. .'t,ia y c 4 k' .. T 3 Mf v S� ..M .m�{q. 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S �. 3 try myr * .-"`� _>`�Ss,: y�"¢,rm. tk' s"4 ur'F i �" _ v t• s •,''.`�.€rt w}ar r 'k� '�.v �i ' `kY'�a;��+�`4 +�z � � j +c�a �#t*'�+�y�` ke�"&tr 9 ,,t";ri "J4'`m :y �� '•� `�'� `� �a„''•p xa W, {mow i Y �t t E �a a r ""i +, :� 4 � x � .�., 'td' � 'J r+w ��f dt '' faro- v ra a " E . � i•.6`°' t '-yd ...t uL. y { s k"w'kr`4tY ik'� t+•'�st{ �az � '� n 5 }" k4 z k?, 4`�� u'+h ; 1 i �4if _x t { '�4{'4 n � iix`i rt_1;�k `y'i x�� b�.. �'' 4iS'i �� 3.1r � xc b of Y'4 J ' � ���v^�'�'" Xx�;''� ��` #�.F' �yh •n �, *�. ;., {»,hn i'2 rx3 i#, � i a. a is•°' 'ms€'"$ sj a r.a�i." " it* ra s �{`• a i %^ is 2 � V�`� `� nM� � {e: € TY�„ �y`$a}e.e n 5 �''r S r r d E ^�+y,fes �� y. �n 2 1+#,tt�'�'y4yaS yxsye qp}aS* }�W'� rx'j� •+"• s g�y{�"�+ S try A� I t s ¢ 'i t Y^4� �1 YL -t`?�f`N f� h h'J'f 4'� "htE KyR%i ( { 4 k�..' '�v q. Wi'�'� '% +Mjj' k � 'i a.. � � �1 •{eµ i.,.a,.,mui. .•3�,. ac..�:: �fin� .,S�t1* "'�y# ?k +.y,v, �. �x€^,«xs:+,hay.. tu.a2w?:',^k....,ren -0: §�, ,,;�x��. s....._.;.- . s $4 v isons) (Special,Pr"ov�Noi1393 SPECIAL PROVISIONS FOR DR' DCIiVO AT PAL.filt 000c AND .` DION I S BOATYARDi� )a SAL4. HARBOR,' SALEX _ i IN, Work to be Done The work to be done consists of the dredging of the channels And basins at'Yalmer Cove and.Dion's Boatyard, Salem,Harbor, 'Salem., Dredged material shall be transported to sea in scows and disposed. , of, as herein specified. Elan- The The location and details of- the work- bo be done are shown on a4 set of two (2) plans entitled: "Pronosed Harbor Lnprovementsj Dredging,Channel,and Basing Palmer Cove and'Dion�s Boatyard; , Salem Harbor--Salem°; dated May 1954 and marked ACC. 03232'A &. B; These plans are on file in the office of the Department of Public Works, 100 Nashua Streets Boston, and are hereby referred„to and , Made a part of these ;Special Provisions. General U, The' Contractor shall furnish all labor, and'materials, tools; plant and equipment, and do all the work necessary to furnish aid” install and complete the work in accordance with these, Special Provisions and&;the Standard Specifications,for �JaterNays <., Work dated May 1941. t 4 The•Contractor must satisfy himself, by his own investigation and i ' research,^regarding all conditions affecting the work to'-b6 done- and the labor and materials needed, and make his bid in sole re- .ry • liance thereon., ter' a During construction the Contractor shall secure all necessary permits from private owners to trespass their property in the, transportation of material and equipment to the work and the , Contractor shall repair at his own expense any damage caused ,p by him to lawns; driveways, structures; etc In doing the work; the Contractor shall make the bottom of, the ter. excavation as smooth' and'level as possible at or slightly below ' r3 the plane of the required depth, but no payment will be made for any material dredged from more than one (1) foot below the re- quired depth as determinedfrom information obtained fromsurveys made under the direction of the Engineer upon the',.completion of ' all the work covered by'this contract. c"• t'1ti � T 4 Ne ' _2- (Special Provisions) rk No. .1393 ;I F Vis. Thenplarieiof mean low water referred to in these specifications �4 is f'that established by the° Engineer during the preliminary surveys for the,work herein described'. Y The Contractor shall furnish regularly to Inspectors onboard the dredge or other craft upon which they are employed; when transnortation ashore is impracticable, a suitable room for office and` sleeping,purposes. The room shall be properly heated, v'entilatdal,and lighted and shalt/ have a desk,which can be locked, a comfortable• bed and chair for:each Inspector -and washing: conveniences. If such quarters and conveniences are not provided or the work is so, located that, transportation ashore can be furnished withoutiinterference'with thelwork) the Contractor I shall provide the,Inspeetors with transportation to and from such points ashore as the Engineer may from timeAo time designate. If the Contractor maintains on his work- an establishment for the subsistence of his own'em'ployees he shall furnishto Inspectors• and survey, partiesP Ai6n, employedlon the work, .meals of-satis- factory quality. R , The entire cost to the Contractor; for, furnishing). equipping and main- taining. the foregoingraccommodations, providing transportation ashore and furnishing;meals, �shali:be inch ded in the price bid a for the 'dredging.. ' Upon completion of the work., the Contractor tshall clean up:,all debris and leave the nr�miises in a neat condition satisfactory to the Engineer. q The Department reserves the right to eliminate' anyxportion of the work so as to bring the total expenditure within the amount available for the project; In the disposal of dred1-ed°matorial, =the.Contravtorrwill be required to observe all laws of the United.Statos and-all requirements of the War Department in relation thereto. t n=. § YM,A s ` _3- (Special Provisions) _ $$ No. 1393' '; tfr ITEM 1 MATERIAL AT PALMEd COVE mDTtEDGEIT4cDTSPCE ED OF ' CUBIC YARDS ITEM 2 MATIItIAL AT._DIUNI$�BOi:TYARD.DR UGEU.ANL CUBIC YARDS DISPOSED OF a lr Thhee Contractor shall dredge the areas shown on the plans to the depths shown and dispose of the material at sea. , east of, a straight line joining Halfway Rock Beacon and'N3.ddle.Bieakers Spindle; and southerly of Halfway Rock Beacon; in not less than twelve (12) fathoms of water., over the deposited m;3teri:al at mean low water and in.such places and at such times as,m y be approved by the Engineer, or in such other locations, as may be designated by the U. S. Engineer's office. Cons tructyjpn__M .tods The dredging shall be to the depths shown on the plans and any' ' t material removed from a depth one (1) foot greater than ,that shown on the plans or beyond`a slope of 1 on�3,, as determined by , preliminary and final sections, will not be, paid.for under this . contract. The dredging limits shown on the plan, or as:lai.d out in, the field . do not remove responsibility from the Contractor for any dajna'O'to structures caused by dredging operations. Any damage caused to ex- a 'i isting structures,of any nature; caused. by said dredging operations; x shall,be remedied at the sole expense of the Contraciuor',- satisfactory, t4 the Engineer. All boulders one (.1) cubic yard. or less in volume, which may tie found in the materiel to be dredged, are to be removed as a pert j� of the contract under Items 1 or 2. All boulders in•excess- of = one (1) cubic yard and not. ov(;r five. (5) 'cubic, yards,in voltune;, which can be excavated by the dredge and de)osited in thosscovi by (' the usual dumping ota:rations, are lsoto be 'paid for under Items 1 or 2, but, oii if idditial'work other than the 2 r;.dumping opera- tions is recuired'to, dump them. after they are.• raised,Aby the bucket they are to be paid for under Items 3 or 4., s 14 ,, t�io�C of Measureanent a " The amount of dredging done under Item 1 and Item 2 will be de- termined by measurement o£Ahe dredged material in thc,scows in + which it is placed for transportation to the dumping ground, and the determination of the,volue of the work done will be based upon Y ' such measurements after deducting the volume, if any; wh ch may be excavated from more than one (1) foot below the reow red dcj>th; or, % outside the specified limits as shown by soundings. ' (Special Provisions) -4- �No. 1393 Material dredged and disposed of (extent Rock Excavation) as IJ herein specified, shall be paid'£or °at the contract unit price ! per cubic yard; which price shall include all tools, labor; equipment and all incidental work, to complete the work to the •t satisfaction'of thelEngi,neer. ' ITF�43 ROCK EXCAVATION ATAI,MFR. COVE CUBIG_,YARDS q R&SOVED. AND DISPOSED OF ITEMS ROCK EXCAVATION AT DION'S BOATXARD,CUBIC XA�DS VREMOVED, AND DISPOSE OF Description These items shall includc'`the removal and disposal of boulders' of more than one (1) cubic yard in volume. • If any boulders ' gr�,afer than five• (5) cubic yards,in volumeor solid ledge are encountered, they shall be stripped of all loose material and left 'clear. (K 4' Construction Methods Rock Excavation -shall'be romoved and disposed of in conformance with the applicable requirements stated in Items 1 _and• 2 of these Special Provisions: The Contractoz' will be reouired to conform to all regulations rc- " garf ng blasting; and will be required to repair all damagesl•re- ' sulting from his operations; at his ovm expense. : On-the completion of the. work, the Contractor-will be required to w remove', any loose, shattered or projecting fragments of rock; R wh'i'ch may endanger tha•safaty of boats using the basins or channels. p Method i „T,easilreYnent. ,•s The quantity of rock excavated and disposed of under Items r 3 And 4, as herein specified shall be based on,such method of measurement as. the Engineer may determine to be the most practical. ,Basis of Payment t =t' Rock &covation removed and"disposed of, as herein specified, shall ra be paid for at the contract unit price per-cubic yard; which price shall include full ,componsation for all tool's, labor, equip- ment, materials, grading and all incidental work to complete t the work to the satisfaction of the Engineer; 44{ ; 4 ; 'i M fw r q r ar ra e n roe` p� cfore Ke, o /�e, q a d.Y - ,. spa .;.- f"Sfi ,f4`G�3�E.'� a'X, .7}7/n L.'f!'�'Q[v'Q��_ ' .(b�� • � � o_ i _ ♦, � ddR3 ,i�YF��sBs . 3rlaret:/ctI'C� ..tram:' BG31YP. 5.- roir'�. =�* >iNe�f end� ,_ 1 F/etad2.0 14- hu � ° iv � � it`d 1`p� .Ftt I JSP `?.ismer .C;" . VP ui IN n SEGTL•ON• B-'"$, `iSCQ/E'/ 2a-0 { T� sca e.:>'=axo LOCA C)/V ! � �.; CC^^t t�„.��'`$+•' � rem USts65'.tH'7C"�2A[3-r: st � SFr _P i 7y - f 'y'kQF qq ROM € M TL'{ # •, Tc- S �+ f `•'rti. Ai C L ¢� � i2 yAn r,; S •• 6v 4 ; ¢' � 'Its. uIt it'fid-: 14 y a t rs PJ,�»; oc2omp-�nyi»g,ydetifia.»•'vf PERTIE „� '. { :S HETLANO PROS ' - r, to?co»s/ruc t•a" s/o»e dyKe°r o» � � � - � �" , p/ace so%d ffi{i/! r»' fide,aycr�ers�of �`_' - SR:LFM`` `NlASSACHu�SE,TTS Y _ " ' �� BK5616 PG003 Form WD 64 ,. xu.ronr..ocs Reg.&Unre¢ Lvtd 1 See Doc.No.731,379 (G7" V'�rr 011t11101ti0Ctt)" Of M000arhuarits -� No. 5447. A - &Plan tllhrrras. Shetland Properties--------------------------------- I of Salem----------,in the County of Essex-------------and Commonwealth '• t aforesaid, has applied to the Department of Public Works for license to construct a stone dike and place solid fill in Palmer's Cove, at its prop- erty in the city of Salem,------------------------------------- end has submitted plans of the same; and whereas due notice of said applicxtiun, and of t the time and place fixed for a hearing thereon, has been given, as required by law, to the 1 .:ayor and City Council of the city--------of Salem--------------; :%am said Department, having heard nll parties desiring to be heard, and having fully considered said application, hereby,raglaat-Io-ilra.aPpraval-0f-Ws lovetww y.nd-6euriril, r nuthonzcs and hecnsc9 the said-----------------------------------,______ i Shetland Properties----------------.subject to the provisions of the ninety. first chapter of the General Law., and of all laws which are or may be in force applicable 1 .. � ! thereto,to construct and maintain a stone dike and to place.and ' maintain solid fill in Salem harbor at Palmer's Cove, at its - property in the city of Salem, in conformity with the accom- panying plan No. 5447. rn stone dine may be constructed with a top width of 10 feet and an outboard slope at 1'f horizontal to 1 vertical and having `!/u1 its toe on lines described as follows: Beginning at a point marked "C" near the westerly end of an existing bulkhead built under license No. 142 of the Department of Public tiorks and i e� being 170 fact, more or less, from the easterly end of said bulkhead where it makes a corner with an existing granite wall; , _ - I OK5616 PG004 -�. thence extending about southwesterly to point "D' a distance theto 118 feet from a chain link fence running along the shore; thence turning and running about northwesterly 350 feet, more or less, to point "L", thence turning and running aboutnortherly 15 feet, more or less, to point "F"; thence turning and again running about northwesterly 200 fact, more or less, to point "G" being located 100 feet from said chain link fence on the shore;' thence turning and running about northerly in line with the westerly property line of the licen- see a distance of 45 feet, more or less, to point "H" in an existing bulkhead; in the location shown on said plan and in accordance with the details there indicated. The area enclosed by said dike and the mean high water line may be filled solid, as shown on said plan. This license is granted subject to the following express conditions: Only fill consisting of earth and rock free of organic matter may be placed, and at any time that tlwe Department of i Public Works deems that the material being used in said dike or as fill is unsatisfactory, said Department may require that the work be suspended until satisfactory materials are secured. The licensee, its successors or assigns, shall at no time ! raise, tnc rade 4 of said fill to an elevation in fcet'above mean low water unless a excess. re 20 approval is fir P first secured from the Department -of Public Works, or its successors, - I In the event that the work authorized hereby results in I shoaling of adjacent areas in the opinion of the Department of Public Works, the licensee shall remove the shoal areas to the satisfaction of the said Department, ' Hothing in this license shall be construed as authorizing encroachment on property not owned or controlled by the licen- see except with the consent of the owner or owners thereof, 1 In no event shall the We of said dike be closer than 25 feet from the limit lines of the basin dredged by the Depart- ment of Puwlic Works under Division of Waterways Contract NO. 1393, as indicated on said plan. This license is granted subject to all applicable Federal, ' State, County and Municipal la-is, ordinances and regulations -- The plan of said work,numbered--------5 4 4 7,--------_ i Is on file the o0ka of said Depertmen4.end duplicate o1 mid Dion accompanies this License, � and in to be referred to as a Dart hereof. I The amount of tide-water displaced by the work hereby autAorired)e�eHt�a ascertained by said Department, and con p e'JSenation lhereforli s +atin aU bmade by the sold----------- Shotland Properties, its---------------------------Leisw�acceesxre L I . l 8K5616 PG005 i 1 - 4 E ani!-assigns,by paying into the treasury of the Commonwealth thirty-seven and one- half (37'y) cents for each cubic yard eo displaced, being the amount hereby assessed by said Department. assessed - Nothing i8 this License shall be so construed as to impair the legal rights of any pemo :. This License shall be void unless the same and the accompanying plan are recorded within one year from the date hereof, in the Registry ------ of Deeds for the Southern � District of the County of Essex. ! Pn Milurss 11111rreaf. said Department of Public Works have hereunto set their hands i this--------fifteenth-------_day of---- October,------ -��-- '-- In the ' year nineteen hundred and sixty-eight. ' j .. ....-'- _ .. _ DsporMlrat o/ Pnblic Wurks ' 67;,:7� I munwoullh by the said � ; . of the further sum of the amount det ,Y the Governor and council as nust and i equitable charge for iea1th,. I ' I II - ij OWNERS: Robert I, Lappin, Marion L. Lappin and Beatrice Za Swampscott, igisr, of in the County of Essex and Commonwealth of mass- . achusetts, Trustees of the Shetland Properties,.under a Declaration of Trust, dated slay 20, 1968 and flied as Document 6127;431 in ! � Essex South District Registry of Deeds and recorded in said Registry 1 at Book 5532, 1 � I Also for title see deed recorded in said f Registry of Deedicate of ,in book In Book 532 iPa9ge 39382051 0205/ Essex Be.Recorded June 18,1969. 30 on. past 11 A.M. 099 I I I r . 'r ?i:" eta inaLiIAPPH0EU071Ha1"i••• nrYO MerN'ifi i6 iti:en W. '•7•'M.V/IpAbtl edl el Inada+uo b]d:11:1111•Ir nr'.L•a I•'W.ISI.^LP,Ila. r'J+onset! Inpmn+and'rmtlMnhlnl.e:n.m+M:)o IU )bars^IN ' 5..,,,.,•re• �ioa o6Allatervayq�p' '•i•✓C'•:rcCd�'g.J, m tie:-hK!_vnf•1blviV.V OO,e,!d:CYi e n Davie r 1 i�J.�c�. .wt!Ic:mUa.•Iu.vltl.rlpgc of lnamlml.U.IttUr IUY n9 ' % .p bwt•.a IEttpegth•DOU 3 April 1981 III, IvIII. ,IT T 1••+1:e GrlcfL6fr rldevV:'•••'1/.1-' - • • II b'•d1 r••,.1.1 beu•rU nl Ic r . <: It ?Lni'Ihj 1 TI LU u :•.1.:..,:.••.Ir Y�kplratbri OSle(lf OppllaWel � .,.-'• "� ,..... .1.. , t'1...••b 1 t t•, ,rr I _n n n 1 1 el :•n t b I .,.,DA ar+3-81 + Contract Number 'DACN33-B1-C- ... rr ....r ul r l ni•:.,-. ".1Mrr.IV'c1 u I '1 .n.l DEPARTMENT OF THE ARMY • .. ., PERMIT r 1 1 1 , ..+•. ' tleterilip ie'r'rr'liha mown lNted. • ' 25 July 1980 •I,c Arr a 1- . n, M1I 421 Petblm Koii In er dee d"aitha,Act waterso1 the tithed•-R.Fi,upon tM IaeomltrllOeUon nl1Mi CAriel ofEnpilYen,plrtuenl Ia,Sec iPt 10. . .aiyin and NUbmt Ad of Idarcbi 1x..It. UJiC 4071!, rpt r i n q; 71 it 1 i , , 1 1 Discharge diadgad ar lin marerul into wrors of the United small Won do instance o1 a parrots batt 11r SenelpY of Ill Army o r,e4fing allovgh tN C�IkI of Eoginecrt Parents to SeeUen 404 of ill*FOn pollution Cal'troSM IRO Rcek et$P 1.975001: rrrrnl I 1 )11 VI radgind mlal •• b nl J•n.n rev 1 !y 1 )• • - " t lTnwai lietlpniarW tw tM pirrpo7a op6_P44WIiuunes o('�pi rl.froml E�Cietry a7.Un. Army Kling through the Chief of Engineers Purnmt to SWIM 103'0'1 Ur M7riili arotti0ui;WniililN nlQSinclvarin M 0179?! u,,..:;.. r.;l88 Spt.tDS7:,Ps1.,92•Wn:. _ .floss. Dept. of Enviri••Quality''Bnga.1 veil lb T I (Division of.Naterefeye); Arm. Gene Cavanaugh •I: •4 ,d r•i - 1 -^ n^ - a,Y ir..•- 1-11 Hinter•Streat 7th'�floor •+%•�I r;c o . r..Ic+` • " Boston, Naseachtieeces 02110" ' " .i� I b @al r- r ! I .1 Yr mm'r 1 +. f.tai f I p a.In a IlOpsbypulbplied'by the Seeirmy of the Amy' 7 ,r r ;s' i i .ir., rr I{+ t v. ,�, [n , 1y, dfedge a,channel aad.baeia 1375 .long endnranging in,yid�h,f7gm, 0,t to loo " NI 1 to eh meanloll voter. The material,�40a000 cubic yards of Band•endTailttvill` be"removed bq 6lamshell of! bucket,dredge'an' transported by acbua.I`fbr ddpoasL- rl , nuai1.. _ Dir . ...., 8tt•t�ie;AiTcbleh'ead'Aump.Site. , ..,+.. 1 ..i,,- 1+. . L. •....,i Lnl.a...,.i+ ' •. ri uNl..- .,•'... �,.,.: •1!:•, n .. '.:.: ..11:.'1 1 rear•-tl'. Th&' rblehead Dump Site is allout 9 4 nautical mil'ea cortheast'of'Bobton � Lighted_Norn Buoy B-within a circular_area,about 2.Dauticil m}les:in.,4ipmeter L^ rr.WhOaQ center -is at the intersection of linea bearing+710-, (TRUB)•Irom•Boaroq ; Lighted Horn Buoy Band 1120 (TRUE) from Marblehead Lighted marked by Masa Bay `fl ' Lighted Buoy A whose coordioatee aze'42° 25' ;42" North latitudefiad 700, 34' 00"" Nest a gitude.- It is marked ae'Poul*Area. on1U S C. 6 C.S. Chart'13267.• I -1h Salem Bar] or % I E P C 5 •.xF l ... 4 toy ♦U :.' 6 at Salem, Massachusetts 1 '� "• ..in attwdaoaY:aVI1h the planaon4dnWng, imbed based which are beorpuaiid ia and made a Pal of INt troll ton draafuau Oice hie number drollwdefinite Identim.11on=140 Plane entitled_,. Prsed opoHarbor„Improvements. - + ..:Maintenance Dredging-Palmer Cove.in Salem Harbor-Salem•Sseex County, Maes"':in" r one sheet, dated 'eJune 25,.1980':, ' 7 �, •.loot al to the fuflmNnt conditions,4 r ” - f f Gomel tansgtlem: , a:That all'scli,mrs idanubed and sulhwoed helen shall till consistent with the IV M And Conditions of tho Pnmlt:aced that any activities not tonifiCally,danli bed and aulhw.md herein Mill COAeimte a Violation Of IM term?and eonOnrons of this Paired which My r"ill, in the maddiCairon,suspension orrtedealijun of this pwrllh,In MANe at In out,a at twill rope tpeed.talty in Dendral i Candnrons 1 so k berate.anions the+mmulmn of such Iegdproceedings a the United$let"Goveradent Ty oonudn appnoplift, ~.. whether co PP11his isn nIl hill been P+awOuRV modified,winded or revoked is vd'""W.n part:. r ENO FORM 1771 EOITIONO•I;APA 74 Is 08SOkETE., IER Wids-2'0021 I JUt.77 1 .i.:'x • aTluieuatil.itu/autnoiuiAMN}5�4+1!!f.�lt. ' ,•'•,.: .woven of the Uawd natty a oc/orwltm,W a= :.•.•.. ';,nn,,•,. wmmdi of pWlamauq aoA9diYr,k wromifwm w/nmrm and ii to! aealket aILL/ttMd ttdrwrtt o the podmMWaM '• fmfloum Qlriiip/�MONO IM IAL:02-090;ld 6tw:Et0l lha MnMn lhatecdOM Masan andea!!eWwp!t!;Ti QT,1Y1{.V,4�P-022, . ' �'•° ,� /S San.iftil.at porP,ad to awc&t"diatonf local fav r r i "'4 Sl..' 1 a Tell when dro knihity Nihart.'M Reratn IntafM a tlhehera dtdf4 itl awtltlleihan q gpalltltM al atAf pBt1Y(a711 1NKot2n/ r F •�,�% df d9Mahtl.outertdl.Inf&'W$Im of tM United 11100 wthwiwd/altylly ahalt.11 alrotk/W w/ttrgWflry ela�idMlm/Mod at modrbd dadn9 the MM Of thu atmn aWWlil it 1W-'-OW,to eanlWm VAI%eight fritud or It44tld YAW?wAty twdrm mlldrh E illatIha tfteahi dde at any Minan a modUtwl4n of WaUr pudlry mrhdath;p a diii wd be In thow"nut an a btm tmtamd In pith wdwd w Mchfted tuncludh Or Ndthin bxlt to wt perwd of Ilene is the Otttlkt EMtf*w.In C m iwtbn mth Ib fla"Adminlllltwr of the Emnrmmrntet Waeation Apley,ONY 4gwtMir4 to W renamWaPMet the cireVM Wisp. d. Thal the d,enarp MI) not datrq• s tnrgaentem tmmaprgd rPeelri a Imntllktliitder W Comnpgred SWet/i Act,of emm�gw dd erhlad.habwl of Inch gpwm - •: -• .. . , 0. That the PMrMt"/free IO;rmLg 1v1fv.fwtOmWe 111011 to'oromw the cwwuctwn,ot Melillo Of tM warp sulh mould , y premnepwPmr wEg to mNlmites+ry adlsM rmAlclenlidi ididlIts Ind mtwd"Ifoammt4Man • a That ib armhile gym that htNilf BOOM a theia"clif n-w yNfll iytlrotk/d h/w1A to 1 mU,tNi to.M to rtdnlmlw my ' Sj deyemtnln of Nater 4Ydny ` «re 0:VI the palnritat dhdi pwnli aha Olaf Engtdwr or hh autf,efteed twn nuiMhl a1 drgwmtll'm imko anodic t� ,..+Y � � miOKlhOng li ami_Ilene.deemN Mcww•y in at*,to;&aI dnt Ib'elMly being trwiatmed and"gutnaiq Of tib pereft it In h: That tM pamhww owl ma4ilim ib urueiao s w ak wNpl»dbtdq M aideoMitbrt and M ewardniei&Idi me plehd i,d .. draempatt&chwlkrela • _. _ _ . '. • , h Thai tllk Pmmit dm mf`cmwv airy pfaprly rhyile,ifther to red genu er msiaW.a eny euWdwwutipre:aM Nat It don. not wthwiw&„Y iniuty to pantry Pt uratim of rldhlt Of&m•infrtnpme I of Fedflal soft@,w tow fine w regutowns now dw e obarew the rew,himmt to obllin Swie OF 104181 of reotnrcd by low fit the stpltt wthbrkad hmin. - Thn.Inh Wrenn-grey b tummuiry gatpendfd,in whole ai In mi.upon a finding by the Dbbkt Inglnwi that Im adit" itripoolo of the wnwety tulharted bion Ino Ad be In the pm,al Wide tnwrigl.Edd,bwMnilai dal bi eltaafw upon•aatpt toytil. •" a the peimtttee of a Yinlwn ratty fnepof-:Mikh itwi install 41112110 ettml of tr'iuweidfon;121 tM rwaans tip thb�&aloud and pl enY adneetke.w w&rmuYiw mwtma w to takin III tb'prrrdtwe 1011,14:11%m demur nsdnry by ftOnlikk Ensinwt to abw /mminmt,haadat*Um mm O pVbtrt grlaag. p TlwrnitteiMdl Ing i vu wdm wtim t*c"fWV with des pro lawl"Ol Nu notes. Q--, within lin&Ili twG" 61*1-red natio of'urwerorm,the'p"Itia mH r4I a hi"M order to Pi niit;Ostentation content to a dorabn a to whet/wr hnpamhshould be Sinn&ted,moditied offirlit"w a flawing is wQi�il did be amtheted , + pwlucnt to gated tet wew,ibd by the Chief of Errprroere.Alta cwaPtetaa Of iha herring;Or Ndthbt a reasonable thm 411011131121101 .. - of lhr SUU,,tw MI to qWPW11M1wif"heli lrgh moeafed.the prmil will either be mlmwWd,modithd whacked. -1- a •k.That the WI meibrilher,upYlled,aowendedarNOW in funder In Poll It Are Sanagry of McAmtyann aVlhwlted repnentrti"dtMntkui that than Iso been a IneeMn,of my of the urM or candid trht of the permh or that With Malan hfould etb,wiu b in tv prbtle inunt Rny"'OhmoOlearwn.wwention,w:rwosation d+tlttrtdrrre alewM3gdwe&herrwWt Moro "amhlww of wriltrir natici ot.euch etlwn NAxA mdl tpeerfy the'hall arr.eindup wenanrlirg ram&ure&13111 within the 20daiperiod ,'�f the armdtee h ablr.go wfhleclw,N ardonmaw that sol aha dltpdviolatrmof the lama and Itis tendtom'tit Ihbprarh did not in �. "401 41 'sUepdv le" 7odhnte lWb Me VartnNtr baPwitt4ew11n91n wmykitw ydM th lane and cadillum . • . ol'the permit ls aur&to prondr 71 1, awraxn'tnat filing apentimt dldi b In turf campilen01 Mlh the temm urn .eOnataro It lam armls;of 121 Netnm tha efotewro 2ddH pdad,Ne pein111M r&wraru Ilwt&publk beuwg h hdd to Diwnt obi end llriltm Nhwelde.CwKimlg the P,apwed mowleattan,tliwendm or nlOtetkn.Tha tadfa:l of Ibil'M&tl,g wird tr procedures Ip.1MY'ng a tend dwNim a+thH I0 mpy/y,sufPndor rNOka nls pmalt In Mote or in pat ogre b&puhuml o P+owduM pewrubed ' by car Chief d EPomen. . - . • .' , • • : ^.t, S. 1" iffat B g Pdl penIt1,1he 0owhhaeot lwl r onveOn the ohtirrrtrtm endmw t o and teal Wv to to im. rewn pull cs of • whh Ah perhat eppligailee le.,whngrem ro,the dor roh of shit-moil:such Inll.ower and mw prow o b bawd ir,mm0111t lt lnacNrae:that almtl fhiH b.hUdl,ed wpiail0 p rpokWl:in whole w hal pelt.Mdlor W.GpwtMwng frray.N addition,Inllitelt mpOplsta tpd aonedr+p. Y - - .. . ' in..That ary modtfiaaron,wiaritfon w f&wwtion of this PlI dill rmy:bs the-bolls lore my c1shn ow darrion punt the- .. UmtedSutet ' , � - n.'Tl+al the pamiaee.toll:raury to Oatnet Engineer el whet firm the><livlry futhwitad linin ydlt les tonharonced,a lirin 113.••&1&of the 111 of romrmnwrmnt a the 0."1 Engineer Toy tMify;and of my Prrpm hM o1 weak.I1.tot a Period of mora then •.:::. son Intek.r sungtOn of-wok end its compktwm t + Z i E 7 , + c ,Tia lollowmpSpacdl COtmiUont wail bi aliptlCahll%flee:ippropl�at:r". . •v , i. STRUCTURES IN OR AFFECTING NAVIOAIILE WATERSDF THE UNITED STATES:. + •,'j a. Tata inn Char lden alasauthan/e the IntitfilBMe tiallli M1'tehting if propoad Fa1id9folnl and that the PWWIlM ehallt±w:. IN entitled le CCR M$Atmn 10,d&MW Of Injury 10 any 111uCane a Work aulholNM haatn whkh My IS If called by.or still flag, '-'.,t•; #.taint Its 1.1.10 aprmwnyundel by IM Untied States In Illi puMR 1111Rn1: - �'^1'+' IS. Thai lm altsmai ansa be mem by the SWIM111n to Fancily the lull and lin we by lee pul of all nplpfatiment In offdi eM 1:.'. 16 he Khnty",'*,,fed fly I'll,Fai lb " - C. That 0 the dnoiav of lights and fail on any tical all Itself awhorlted hall is not nhawiss pfoyldrd for by law,such Signal and staneh n MY be pnaabed by the United Sues Wit Guard#half be Installed and matnlamw by and a1 the npnsoof ted ,sur CL That 1ha ammatn, upon Meros of a Al of re:ocstmn oy Nd prison n upon its expiration before t0leWletlon at the iulho--1 atuctwe at work,IMI&,wtlh0ut asphalt to IM Unaged Sinn and in Wath tine and=Mnf e$the Seaatay Cl the All a h.{ .1hil d to hest walwe(My all Iast,i VM tWleivir 10 dt format WiliaYraM, If flat PeMIUn 1811/to Comply Win the dneamn of in,Sennas of the Almy or M 1ulMnyed eeprnenUlM.Alit SMIUM of lin ablative may Senate the eMtenlay W d% r � IOtma CMWltga.byeanpKtor OlMhin.and tKOwrlM ton ilgaa0l lrOm led lHtm+11N. , L e. Struawes Iso Smit Boca:That oamhtae Irl recoprilm the Cuatlbilltif Ina the struetwe pgitnined htnln net.'bi Sol to detail the wow with halm pssstng vnab.The ishenor of 1nn,permbn nn dotarn ted postal from Italian ill swirl step:.to ed :'^•"^'^ =Way tmItgnty ol'ake Ural partial nng ein ithe$d wall of bull snao+ed Ihaeta•halm donOt by Veto Yeah and the, ' ptil tell not Med IM United SHH$liable fat any Nth dell e •- MAINTENANCE DREDGING, . a. TM/ Men IM-wak auNotlied Mann tmtudeS pilodm maantineMe dte0pmy is mry, be prlttimtd wales this' plmis lets 111. yen hoes IM data of Ilsuana o/that ptinh Ilan years urdaW otharswre IMtutedi a •�. as.Ties The perminn will edviU the Dapks Enpiteat0wiling a leas two weeidbefore haintanda to undertake sly tnatnlMame .mein¢ ..." , �� '•�57"• ,�,DISCHARGES OF DREDGED OR FILL MATERIAL INTOWATERS OF THE UNITED STATES '^P A.That the ditchape will be carted out In co alorMly twth aha Mats and,objectian of the EFA Guidelines eHabtlded poll to'. Q•; .Station 40000 o1 the FWFCA and published in 40 CFR 230; b. Thai the dixMrpe will amiss of Wltabk=ssnld:It"glom Soak polWtantiro otharthin sap tjaaMltlab c. That the fill acated by the dichil will be propely mainlined to petal ereien and olha lialpOinl sowcn of.pglutim:and . i d. Thai late discharge will no areal in a for ponent of the Nations Wild and Sams Rine systema In a tarplmnent of a 9late;woW - a end Wants ricer$via=l - •�, ~•• DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS + 8 ., s, TNi.the dual will be wriest ow in Cnnf=tnitylis al the Dallas,a4sahe6 and ra0ulrsmanicof the EPA ahaia aiUW hat ' .ans mint to Section 10201 aha Merits pm1aiin,Re 99th endSmM inAnal 1977,"ish d in 40 CFR 770.779,' - x S :a all That IM Fermntee Shall place a edgy 61 this paints In a sonyrtv0ui aim in IM-its"to ba latest Iso the LMiparaclan antitank; i ' dumoing of led dredged"late)at nlhwaed l$erein t ` * 3 Thin Wahl%hall become etfeein Waste data of the Oel'a1 EnglnearY ttgnaare. p - •. I .;1e�•`:F: ➢a7=.d=hhpy . Wath its ser=e anal gorWncnt allied ixtmtt. ' , all jdf p A EE - DATE J J. NA oat, P.R. -Chief Engineer 9y AaTHOA1TV OF THE SECRETARY OF THE ARMl e fi. EDGAR III Colonel, CorpS of Engineers t � %�•�•" Division Engineer . tSS61QtlL9)eOA@Dt4BgX ,t , TM%lae,haby eagteas to eompiy-wdn the arm"it wndnbet of the pettml, t LN TRANSFEREE GATE ri t ' tia ... - I it I • ••\ •���el 4''` ... 1 It + o.V Tht It I aIdote I agreed finnan not nness arm bdbfe NIA .,y of q t iorro ryn�from 1ja don ori l yrnn of ind o ,Vomit un4n olhrrwlas wI Inusn ad a not samDUnd on m Gbn t day al,nnrnMbnr 1p➢9y...,IMrw ysaK Irom IMdata of mwaMe el�mr Damn unite o1MtNw 1pKltgldt.ihrl pnrmi•d" not am 'IY.nrOled or cpmfKdtyunnthd,Mdl wlomelrcdly=toter: _ .- p.. .` T P. Tba this iwrmll da ove ors not wlhotaa apprth omni cion of DallkWn Itruatyn,,thewlaarwnlon m apoGeYd of whim •i,.�. may rynuue amhoriniion by The Coar n m other agenc4r ot.IM federal Oowrhoem.' - I .. .. q. Tbd d and when Yha"parmitta daum to ab idan the=fairly wthodcad herein,unless%aft eWMommm1"PAN of a panni _ procedure try which the perm,Itro n namfpnmp ha inler=It kinin•foi sherd only purwmt to central Condition c Merl,M muU niton the pear to 4 condition satisfactory to the Olanct engineers. t r..that fthe recording of.Iaa permit is ppufW undee'applKaMa Ssab Or locdhN,lh Dermiltro ehdtsab eanhettimh Ofmet le necativy to record this permit withthe Re9hter of Castle at other appropriate ollteld caerged"his the responsibility fai mpmnmm9 ..gaord,:of aide:to and hplemtam nit property. - - • . - ' _ , t. This than skill bsno unraawnibhburtrrarw with hryibn by tae e+hlemoru a vof rhea acuity wlhalnd hatter. S 1. inti this'permn nay nm be'nansfaned to a IMrd"sway wilhput'prier wriffA notice to the Obhkl Enpuwtr,saM cry the rnnnsinro9"wir"agrcemmt to eamplY-wiM dl terms end eondhwin of Mil permll or by the bandnro wburtbihpto this Permit m. d the wKe Tama ra bit"aml thereby.49011119.10 compty with off tamp aM eonahant of this pain.In addnim if the perm.11M L :kions/"Isis mewntt euthotuM hhtm by emnayaaa of natty,the dead shell nbrmee this oetmit and th emu qW rnnd,fwm i•u•*•; 'fortifiedhenm ata this pelmrtahis to rroaded done with the dead with the.Register of needs m aMtr appioprlata otfKW. •Y - - . ". P11.StmKt condiment IiKle lot CondNons rdll,ny erecificatiy.to Ihi piopoted IUueniie On work sullialaed lw shnpemnU -a. this permit authorizes,periodic mainteMste dredging'.;of the described . { .p area'not.,to'exceed aeii years from the,date-of.issuance;'except that..the permittee is required to notify. this'office, in Writing wad to describe (1Y the proposed*disposal>site'Walays in'advance,of'the' inteaded'date,of any' maintenance work.. 'Work may not begin until written authorization ie received from,the'Corps of Bngineers. -°If-the pereittee desires to•eontinue O r maintenance dredging beyond,the ten year period.':h'a must�'reQueat trice- validation of that portion of his pezfnit,which authorized the maintenance ' dredging. . Y r, y �7 b: .the permittee 11i required to notifythis officeaa soon as potiaible, in writing, of the exact location of'the disposal site. IThe'proposed disposal, site shall not be used .until the permittee has received`irritten ^� *,authorization,from thin office.. In most caees was will be able to:notify yoq'by.retutn mail that the site;ie.acceptable....-However,,' t,may, take as _ -'long as 60 days if a field visit,or. additional public review:is'aeeeesary. e:� Applicant'shall.notify the U.S.' Coast Guard, First Coast Guard District; 150 Causeway Street, Boston, Massachusetts at.least 48 hours prior to de- ' r, -Farture.date-and tine7of dumping operations. dy Dredging and dumping operations will be momitored.by Goverment personnel: e: Dtedging and disposal of materials will be under controlled conditions so.as to provide data on general effects of sea dumping. The permitiae will be required to dump at a buoy•set in,tfie'disposel site and will be required to hold each scow at a crmplete halt at:the buoy before and during the dumping' of the pockets of•ea¢h'scop. ,'f. -All activities authorized by,this,permit sball be consistent with safe construction practices and inkeeping with the Occupational Safoty;ind Health -•.�• Act of 1970. The Division.Engineer-may•require modificatioIf to•the method' of`conatruction or equipment used'ln.order to comply with adequate safety standards.. - , ;. 8 �, 1111 1119,1110"! TIM IawtnrR Spnul W tMihon wilt bi 1lrylKabia M1in�tFprOprieie STRUCTURES IN OR AFFECTINGNAUiGASLEWATERI TNSUNITED STATES: { .v�+:.• ; •i e. Shot thi000rmn eon Ml tuihWi»1M lnurl/Nnp wd111 tr11r�tinllro of propOMdFtdlttl pralect told tllet Not>dtn11tN 11n111r01 '� ,r;•M(, . , be nulled to CampenHbon for dvW at Inpr"t0 lb ttructur d of work mth idled Moth which m"•b couSad by of rawll from e.uting a Solute owtalwm Und&I&len be the United Sum in IIM'Public tnnrnl' b. That no attempt thus be mode by the penhinn lodgment the full and fin Suit bv,the public of 90 n nnisli 1 wateiaal or Sol", to lb atlwdy tulMnttd by/ha permit. - e. that It the dna"of ughti and ugnsit on arty sbuaun or wok'tulholted bah U not aherwiu wowlded for by isle web• Irphu and 1191 as may be.Proscribed be.tha Uniled Sul,Con,Guard Shell be inslalcd nM maintained by a ill at the arpenn of tb -�Jl.Yfa eurm•nn. .. .�. it. That the' rimitln, upon eecept of a rwtde at rafacalron of lhalit4i nil ch-upon itlaaaralion lelpracortrONlbn of Ib - autharred Structure cr wish.Chau,"twnww eapenle to toe United Spies and in Such lanai nd mnmr u the Soanarv'ol life Army a" No aup.oumd hatrenwhn m"d,rnl%anon the"INANNi• to m ICHna conditwtii 11 Sha Pwmlitlf$arta to Comply with she ShIC n 01.1he SIMI Of the Almy W hn auNou'Vol rthnMnlelne,the Eeaeltry Or hie datl9,te role rntOn IM rlRarway to ba,. lamer cpnmbon•by cCnpaCl a otherwise;and Hoene,loo col Ihaeal from the ' e. Suvctrrre,fa'SMA Sall:7ml pnmidee'nemby rnopnun ted ooitibi6ry that tiw dnduiepornitled linin mavbwbjelno demogr by ware woo from.peainy wnetl.TAi iotwnfe OI Ihr{riarmlt de/area rebore Iha ptimittee from taking ac prawn slow to •r.�!'V insure the mtvpnly of"rm'H"clunto" titled mrfin and the"I Of baatl moored Ihaaro from darmpi by Stan,wish and the, ' w.mdtn"I not hOtd the I Spin lust to one Such damage. •, f MAINTENANCE DREDGING: " ' a:That when to wait auUwrued herein inclupn•wnodre metIta"I co dtedghp,it may be pattamed uron this wmdr:1w - Vitt from the data o/issuance of this parma Ito ynel Unna otherwlu Indreatedl " b.Thai the perminve will adrue the Dauitt Engineer in writhe atlenttwo w ks before he lounm to vnderlateamw'iia!nintMe. DISCHARGES OF,DREDGED OR FILL"MATERIAL INTO WATERS OF THE UNITEOSTATES. i. That the discharge will be cooled cutin confomlllr with the gn4 and obinlho Ol:tM EPA GuM.liManublieledpununtto, [ O. Sntion4041biollhe'FWPCAnd Wbgsmdtn/DCFR230: • b. That the ditcbarpe will coati of SUSMe marerW Ito from logic pollutnt&In oimr.thn trace awntiun r _ ' a L? r e. That the fill created by the discharge war be pnpMv maintained to prenm codon and atlH;nwooml eanonof OaNtwn:mo i - d. ThI chuhuse volt not occur In a component of life Naelaeof Wild and Sunk flan SV tem nr In a comp ditl al a State will' - f and scenic river ryNem. -r-: r _ OUMPINGOF DREDGED MATERIAL INTO OCEANWATERSt t ,t, t hat a. Tthe durtpiwq will be carried out h conlmmity with Sita POI.of affecting;arvl iapulrtmmh of the EPA ailnienYLlithard. 1 Murwnt hoSeeticn 102 o1 the Mstha Preleation,RmAnd,and Swr wain Aa of 1912,jgdB#led in ODCFR M221L ' b: That the Stigmatic thW.place a cope of this pomut in a eontprcuoua purl in the vwwl/o M GA gi SO,th.;'emGOrntw,n aiwfw dumpingol the dredotdmewrial n auilroruedlnMn. .,, + ,•„ •.al r... Tiers perm,$shall bcomf#11"t,m an lm db of the OmucrEnpinnr's sWutwe. i Ptrmmee by acc and Pre,to YWIV with the terms end formation;of mil permit. we - _ 3•/8;8/` . { PR EE' . . DATE:.. J. RAW P.E.,, Chief Engineer BY AUTHOAITYOF THESECRETARYOF THE ARMY:, _ E. EDGAR 111 0 Aff Colonel, Corps of Engineers `�"•� Division Engineer _ - ,� - •. � Tranitnerhostgot form toconflI onto the farm and conditions of loin pormd. p � TRANSFEREE a DATE F 4. OCR 94. �pn 4' pe,J ,HZ`S 8 z: .. A.v. £ 11 A � N9nd ylw it cz c>y'+•1 ��.,,; '••P d !+ A j (((((4Z111ff D L f "D � } T D NGA 'AC o .s 0-QL� C. o� aA M' .. 1 2 .. E'SeNSt - m �� .� cc no4i3mac ' a tt '•, In14 n Z�:J9 Z? m=Mmp a m b '. O m AZO . a m c1 o 2 O' .. meIS go m3-nn .ui y tt�111 fn, CN.ONNEG !92013W.0 `X. cz s 'i 10190 m -,n ARIT z. • �� '+ =V IytODZEaZEA m '. ;A. . .OmoZ.R1 mom ^.. yv' 12 Env>mOr' i-.. 94 . � •pp �. Ll Cavy a' C - . a LY 00 m,� G�t}B ;G y •+�.s++ iv+ r 00r N ZZ rn P@� �0. 6 tits irl • i- ;m e�, �'cJ ' grn . o 6 111 11;11PI,j1 !111011"1111111111!11''1'1111,1111111 11 RWM � .u,.. . .rY'. •'O a .. t. .L �(..r1..4.s •.1.,.� FINDINGS OF FACT 1. Applicants: Maes. D.E.Q.B. (Division of Waterways) Application.Humber: 26-80-423 2. This permit in being issued under authority delegated to the Division., Engineer from the Secretary of the Army and the Chief of Engineers by Title, 33, Code of Federal Regulations, Part 325.8, pursuant to: X Section 10 of the River and Harbor Act of 1899, Section 404 of the Clean Water Act X Section 103 of the Marine Protection, Research, and Sanctuaries Act 3. Character, location, and purpose of vork Ao, dredge a channel and basio'1375' long and ranging in width from 400' to. 100' to -8' mean low water in 'Palmer Cove, Salem Harbor in Salem, Massachusetts.' The materiel, 40,000 cubic yards of sand and silt will be removed by clamahell or bucket dredge,and transported by-scows for disposal at,the Marblehead Dump., 17 1^ O 4. The environmental' impactshave been evaluated in accordance with policy, and procedures set forth in Title 33, Code of Federal Regulations, Part, 325.4. Based on the assessment of probable,environmantal impacts attached, hereto and made part of this finding; the Division Engineer has .determined- j� that an environmental impact statement is not required.. i� %0 - 5. 'Fiadings: + 4 September a. Public notice was issued on , NO letter(s) of abjection' - (were) received in response to our notice,, and NO letter(a) (were)..received in favor of the project.= All comments have been evaluated and are included in our administrative record. " of this action: ` b.. Primary authority is not required as applicant"is primery authority._ C., State water quality certification was issued an 20 October 1980. d•, C.Z.M. consistency was issued on 10 November .1980. e. Environmental Protection.Agency offered no comment on this project. Fish and Wildlife Service by letter of 5; February 19011 voiced no objections to the project. ' National Marine Fisheries Service by letter of 28 January 1981 recommended denial of the proposal. Upon'.further investigation of,alternatives, they voiced no objections by telecon of 4 March 1981.•., -1- ^ .ti ari .li . �•. .• r. rr... . .. f..• General Evaluationi' 1) yThis project is primarily for the purpose of,mooring pleasure boats. It will be municipally managed, with its use open. to the public. The channel leads to a point in,close proximity to our Federal channel which continues on to the north toward the Southttiver. This Palmer Cove area was last dredged' in'1960. 2) The applicant contacted the harbormaster and several businesses and residents.to investigate land disposal•sitea in the "vicinity of the 'dredging site. Because the surrounding area is highly developed, there were no sites available for'temporary, or permanent disposal, vitt the . exception of some small watland areae adjacent to the harbor. To haul the material in sealed trucks to an inland site would be.cost prohibitive. 3)' Elutriate"'bulk sediment, bioassay, and bioaccumulatiop•testing was performed on the material to be dredged. it consists primarily of sand and 911t.. The other Federal resource agencies have reviewed the taste, C and found the material suitable for ocean disposal., This, as well as " other types of material from Salem Harbor have been disposed of at the "Marblehead Dump" for many years without-any'significant'effacts being noted. The area has been designated.by Environmental Protection Agency as as ocean disposal site. It is also.a site being studied under the 0ngoing_Disposal Area Monitoring System program., No significant adverse, impacts on waterquality or marine'resources at,the disposal site are'' anticipated. L') 4)"Water quality will be temporarily+degraded.ac the dredge site during the work.' Howav_er,. once completed it should rapidly return'to.normal. ,,•• • Y , S, We have applied the criteria for the Evaluation.of Permit Applications ' for ocean dumping of•materials, OUR Part 227, and:we. also find the material suitable for disposal at the Marblehead Dump site. 6. .1 have eoaeidered,all,factors affecting the'publie interest including conservation, economics, aesthetica, general environmental'concems,.historic values, fish and wild- life values, flood damage protection; land use classification, navigation, recreation, vater-supply, water quality, public safety, energy needs, food production, and in general, the needs avid welfare of the people. After weighing favorable and unfavorable affects as discussed in the Environmental Assessment; I find It in the public interest to issue this permit. ` (/ /6 M.�ieer • LSIOH EHCINEER DATE —2— .u(i` s.7.%:..t.,. ;q r Y. r' v. "'1 .JI :L•• n: ..t • _ < ?. BNVIRONMSNTAL ASSESSMENT 1. Applicant: Hasa. D.E.Q.B. (Division of Waterways)' Application Number: 26-80-423 2. Character, -location.ano P4rpoee of workt#o:• dredge a channel and basin 1375' long and ranging in width from 400' to 100' to -8' mean low water in. Palmer Cove, Salem Harbor in Salem, Massachusetts. The material, 40,000 cubic yards of sand and silt will be removed by elamshell or bucket dredge pp and transported by scows for disposal at the Marblehead Dump Site. : . ` dustrial cit 3. Environments setting. Salem ie n highly urbaatied, in Y t• located approximately 16 miles,northeast of Boston. • The site is surrounded• i by industry and a yacht club. Msny crafts are anchore �, d in this-harbor. The C bottom is mainly sand and alit. R O 4'. .R 4tionehip to existing•,usese maintenance'dredging•is often performed'' . r _ 0 in this area.. 5. Possible cumdative•effeetq:- none are anticipated. 6. The'attache4 checklist: summarizes the antieipated,degree of impact by factors listed: On weighigg the vafious factors, the, riet environmental , effects 'are-consi dered to be minor. . 7' A preliminary determination was made-that in environmental.impatt. statement was not required. That determination was re-evaluated. in light ` of later- developments which are addressed'in thin assessment-.,... ,.I.fInd that based on that initial evaluation and the evaluation,of envirmental facts set forth above, the decision on the application,ie not a major Federal action, significantly affecting the quality of the human environment. Hence. an environmental impact statement is not required.. f D ON ENCINHER DATE r i ti, ♦ .�... ..;r: sir. J, 4� 1 w.;• ..:w. M„�„. yn •i.{°v f. ;.. .. S s I flll t'�i xti{ti,'', Lv . ! ' M1 ,vl `a ppBCTe as Poetic ZBlED4 TAOTORB( Deiistielel' ' AdHo 0 iasi0elticaap Eltant ��TTa�rtor Quality, ,�Ni ame slaie CATS i ' ietlends gTla!!a6/Plasit�n CCltaaulstin Pett: 0Air Qaeiity ,7l�tloo ,�enehie note 6 314=4O�raieoiMaretI t 71 is t l~ �Ceaeerwtten, O Luad Von Cleuitieatioa Befety '6'Ecoaomias Aepsoetion o_"'�tates BVOILY - thtoricel Production BVAWAT w op APFwm Pmzc nn==T TAVMS ANTICIPATED' ..•': • 'y BPPBC'f Beaeficiel+ 8 { Y 8, Adwsee — AO 'Water. quality, — Water quality will be degraded during conotruction. Navigation. + Thin projeet will allow foi;paesage and berthing ;•: Recreations + of-vessels, botb commercial and recreational. EO = CV t - - c I wo SALEM 12 EXISTING GROUND °i+•w~n - .„ � . Ai=arse' • �1 UNITS OP I.r _ • LOCUS If -EA M.L.W CR60CING �. a ^ GING Ulrtr) mc au. ORDD Q r YARIA6L0 N0111ZovIII {:GO T MAF VERTICAL 1�•G' • ,Q ' TRACED FROM CHT%Z67 �S 1180,000 TYPI[AI�DREOGE SECTION 'V ..4 \ Ty�M.Of t YA. clue LONA POINT ;s3 Dom ago I , , Esc LL >geayyaa� PIAL SPACH MARKso ..�._ ". ;;.M• SgLE�tI O.N. IN WALL a l.2 « G-2 ±S.O ...Y ,o : -t.G. x_3.8 4 r EL.Kl,$39 AREA TO BEOREDG$D f 4D t • - -e,,0. . - 'vREDGING LIMITS ♦-T•�' - .,� 1.07 REPCIRTEO LEDGE 3 t jto.4 -I.O- •S,p �9MOWN IN seb' :•J IS i`aj ? LEo ! ( 4'1.,41 PAGMER COVE t� MASONRY � PLAN f WALL Osr� .. i �. PROPOSED' HARBOR IMPROVEMENTS ELEVATIONS ARE IN FEET AND TENTHS ABOVE', MAINTENANCE-DREDGING T1,E PLANE Or MEAN LOW WATER.MINUS FtGUtI6$ pwww covE /N SALEM.f1AR80R INDICATE DEPTHS beLDW THAT SAME PLANE. 40000 C.Y. Of DREDGE MATERIAL IS TO.8e SALEM PLACED IN SCOWS AND DISP0560 OP WITHIN, .ESSEX COUNTY MASS: THE LPIN DAITS OFTNH EMSTING DUMPING SITS APPLICATION D4 AT 42-ZS-42"N To-3*"000w (2 N- MI. DEPARTMENT OF ENVIRONMENTAL OUAUTY ENGINEERING DIAMETER). (FOUL AREA F COMM OF MASS - DIVISION OF WATERWAYS, JUNE 25,1980 SMEET I OF I ROBERT A.BRAMAN ' CIVIL ENGINEERS SURVEYOR _ ACC. NO. 05154 WAREHAM,MASS. I 1 1 1 1 1 ATTACHMENT B 1 1 i i 1 1 1 i i 1 1 1 ATTACHMENT B 1 wEs aFo�is sdoxsZ jro�•J - - f0.2. r��G/3TFY U�_E: - ,�3L / ceetily f/�af'>his p`!o�has beer 1 r (Toe 11WO0xigo/In co.�dr mHy,wilh 1Ne, 6 P. 4fo '[ r(Ies and re ufu>»oreso anteg1whr 5. ol'dee4 of/ comm o 4fgAf..� 1 J o� �4 h• � J ��� ter. '? }$ •F. ::, 44 1 � DoT a7 � r-yz p��� U� Ai @ N v see cq)vo ca!nil,PdAeSI . 1 N _ 'KCERT. No�2535,' E1UsTGo ,. � k �~M19�0' UST. � /B¢•Z3 ,* �ry g� tp F •AREA.A.8.Cl.O £,FA IS} R'oNo... ...'\. e�'•;� NYDER LEASE BY PALMIER EOVE YACNrCLL9 I1VG-FR&1?y. Se.• S•r .F�p ma CIir armi�M OATED 1 AUC lor 1980-. AREA-3.'/tAc.,",' .. .t PLAN5 ACCOMPANYING i, PET I TION Of,PAL'NlER co(_/E ' YACHT CLus..lntc. Td MA/A/TAlN WAl15,TRAf/E[` 0-tO ZO',0 Ano49t iaGR.,q i ,LIF=T TRACKS Elt7f.J �R9T,y??i? IiCEMSf lilAll NQ7Y . mrAccS, trEclts,STRi/CTVRS, 9 . e 1 bP D29u9DN11016NfCi1rt11MM guDh btoms 4 FLOATS A/lfD PIL' be COVE, CITY 3FSAL.ENI; ' `� " =Ct1NYI�UNER E53EV CoWi Y.I745'5" Oq 6HIEF EWGMEEt. 3-3o.6Y � P 1 . `` S. EET OF. l•. 3p FDR°REGY9TK USE? /,'cerfily"JtipJYh/i olm has hiw? � G FPI@�►1a.f�`$.�-�� ruips oae/%e�ulofiar�e a �'hPllPyrsYf%s } � � 4 1I�Lw_:,r_ �� � tI"P,i•0,9{`f�/'l'rC., .�'�! 1 rr I ' �•.�. � -: - - - � �_.�.. �;��XbTIN'4-�T2itvE.tUF'T TKALfV;. ..-• _ - I 4�. i .F W EL t2 p3 Cotfi Watt a> � I y � EX/37%N4 P/tE5 72.1 - :C ,• r O'E1°7t7 MBEs' k r: 3 •� x -. 8F7'�H lIN:.JOFT:. Or p # Ie �T ... 4 II• Ik Tali, -. w>p! all 1`SEalm .:8 ' Viii + •r � 1=X85T:G'�bEGk,F #'EV i3;t, pgasT I i r e. tF�;�WGvo i � 1MNfM,Et9� r r SEET/Dy C'..t.V 1/s BFr. H /r $aTf' UEEN$E PLAN Nth 74/9,' ° M�rbMtoepu�eoldEnai� ,tidQe�MNl�nertne, � .:Mo"R` - l4 G45T� i� . #-.•.. `PLANS, AccoMPANTNG ; ' i PeT/T/ON OF PgLMER,coVE YACHT CLC/ 3e-, C C/T) OF or - s +o FT. , F .SALEM;"F3sEk,CgUM7y .MA; 33(78/_ 5H&5T4oc4-, ' CRUWQ ,sn.d_ �F6K REG/5TJ2y USE.''r cap/ily Jnat p/oo 6�os din �' canfo /ty cvieo me � l4 I'v/?S qrd ityv�aflor�s otoveds��//`of'oe Cohrs.;ofAJOSs:, `DO ' I A t 1 Y IBJ �pv•�® aoeL4t -•� •QO tw a y° �P, •v- '.N '. .- J f k5 A 32;5 FJ OAT: . r' �la X�l MWICAns Lowl�h4 � tt. d _ WALL, 4c AMP UP t Z.3:5-.Sc— EXJSTIsl4 7YZ4VEY' / LIFT Tdcicks-Tsvb ` } -•.q a 33,NF•STEEL -' - t$ER/Yls OJV F'ILES'i T ' o acy r . t B � t 16 R88FLpg77 ' l2-{lY rZB FLgR75• e v � - i N.a,�` '�%V.�' �r_. -' a «•v ttr4 v� ' C Silo 00 - 5 /75-00-r, ax/STING "WOOD PeLE'5 e : ,-��I.l, gyc�fsr h rver "" •artW%st. o o' " ', . �ttY pF UCENE PUW hTO.7V9 B xiFae�t�:.etfal tnEe+fa" ' q �e vI'IE.RIFaAP.-BtJN�: /.� v S�?�.:'.c O -w�isTiN4 •w""+y. -. _ , G 4.r•--...," EWST/N4 CO [RETE ' WRL(E -ter D Io 20 :Qo ., O _YAcNT CLUB.lHG. �� �. 8- /00 FI. C/ZY•'OF` SCALE: J/N=4OFI. • f„rq.Z�M.,�S ,�X COG/ ' . 33od1•, SHE'ET2oF•¢`. ., LSD6f� 1 tPr//fy rrygn��rgealfhsllgn hloA/rt*i //lhlhee Ore nce"M'Mi10o . , ' 8�$� �1.+aTgoa,L��9�l" o/Or�ds ofd Corllm o�/�IaSS.' 5 , IT IN '' � . o.'L '!A[DILATES Ldd,`C4?layyi �(�?• o Y.,r .6F E3I TlAly_ Y o ANJ6 / 4r"& 42, r 9'ws�° � f,,•• P�'m + i,.64 EQ OA 2-5�4cDI FxtSrIAV I�IMOr8TS - i PTVATS r t ie R' l� r Y ♦ M jb 5 ZI J �E�•�, .: 4T F. A ctvs>• . 'Teri LICENSE KAN O.7V? ^' < ,y�ona Iy:oroutment rt:�,uaux.�fahQcenp°! t- , :.;�.• /STMG�TtlX/E�R�P�KPP1,.AANKp.^.y. _ — -- . PLAUSI. .AG6-0M- -.AN0106 40 ;BG 14".7` Pi-MIlON OF PALMER COVE" •. -. ' YALNT cLos 11 W F circ . SCAiE:-TLA. 40K 5 SAZ EP%l. -ESSEX CO—WAITy'. _ 3-36-51- .1'HEET30-4 _ e ' APR. -12' 02 (MON) 09:50 P. 002 f i1hr TUMMOnw9altq of 91110sarllu112fts Nolug2559 ' �hPfPQS, ' Palmer's Cove Yacht club, Inc. of -- Salem --, in the County of -- Essex-- and Commonwealth aforesaid, has applied to the Department of Environmental Protection* for license to ' place and maintain piles and pile-held floats ---------------------- and has submitted plans of the same; and whereas due notice of said application, and ag the time and Alae .- s;xed few a heaF;.,g «ti- , has ' been given, as required bylaw, to the __ Mayor & CityCouncil __ ofthe City -- of -- Salem. --------------------------------------------------- - - - - - - - - - - - ' NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said ---------------------- ' Palmer's Cove Yacht Club, Inc. -- subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- place and maintain piles and pile-held floats ------------------------------------------------------- ' in and over the waters of -- Palmer's Cove -- in the -- City -- of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 2559, (3 sheets) . *Pursuant to Stat. 1989, c. 24O, s. 101 , "The Department of Environmental Quality Engineering shall be known as the Department of Environmental Protection, " hereinafter in this document referred to as "the Department" or "DEP". 'APR. -Z2" 02 (MON) 09:50 P. 003 License No. 2559 Page 2 , The structures hereby authorized shall be limited to the following use: ' to provide a private recreational boating facility. -------------------- Any contract or other agreement for the exclusive use of berths ' authorized herein shall have a maximum term of one year and may be renewable upon expiration on an annual basis. ------------------------- 1 1 Duplicate of said plan, number 2559 is on file in the office of said L Department, and original of said plan accompanies this License, and is to ' be referred to as a part hereof. r tPR. -12' 02 ONION) 09 50 P. 004 ' Waterways License No. 2559 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS ' 1. Acceptance of this waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2 . This license is granted upon the expressed condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3 . Any change in use or any substantial structural alteration of any ' structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4 . This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have ' filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth ' may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. ' 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. ' 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over prcperty not owned or controlled by the. Licensee, except with the written consent of the owner or owners thereof. ' 7 . This Waterways License is granted subject to all applicable Federal, State, County, .and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions 'issued pursuant to the Wetlands Protection Act, G.L. Chapter 131, s.40. S . This Waterways License is granted upon the express condition that the ' use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP Division of Water Pollution Control. 1 APR. -22' 02 NON) 09:50 P. 005 t License No. 2559 Page 4 ' The amount of tide-water displaced by the work hereby authorized has been 1 ascertained by said Department, and compensation thereof has been made by the said -- Palmer's Cove Yacht Club, Inc. -- by paying into the treasury of the Commonwealth -- two dollars and zero cents $2 . 00 -- for each cubic yard so displaced, being the amount hereby Y assessed b the said � Department. (15 cu. yds. _ $70. 00) ------------------------------------ Nothing in this License shall be construed as to impair the legal rights ' of any person. This License shall be void unless the same and the accompanying plans are ' recorded within 60 days from the date hereof, in the Registry of Deeds for the -- Southern -- District of the County of -- Essex. ------------- TN WITNESS WHEREAS, said Department of Environmental Protection have ' hereunto set their hands this fifteenth day of February in the year nineteen hundred and ninety one. 1 commissioner /' — - Department of Director y ��N - Environmental ,Section ,Chief Protection THE COMMONWEALTH OF MASSACHUSETTS ' r This License is approved in consideration of the payment into the treasury of the Commonwealth by the said -- Palmer' s Cove Yacht Club, , Inc.. -------------------------------------------------------------- of the further sum of -- eleven thousand, seven hundred, fifty-eight dollars and zero cents ($11,758 . 00) ------------------------------------- ' the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON Approved by teeGoa�s&Aat.-ti� �. , A. -M UC c ?`7— L 4 Governor ,LI"(Y. _ .. .. .. APR. -,22' 02 (MON) 09:5] P. 006 D -tj� *;�. w� ISL r-00co Kzm -q cK� O � Y tin Ln La z C r -,I 1'Tl rn o fin a rn #r;;o Irn .r ' U'on v �, _ ' ..v ml x T13 t 1---•�.�--� Z ' o: �� o,D D ! >m rpt c y co r m I my -0mC In Zp Dlow� o: l N �D >e �� C O ;L7 Milo > Wr NEC Z (A� N 1Z o �DTF z m z Z N / M . L : W: M i ,� -M . L . W. - PLANS ACCOMPANYING 1 PETITION OF PALMER COVE of bY DPP�ent of ErMrcn�ental Protedon YACHT CLU6,INC. FOR ADDITION 0 MVR{NA FLOATS WITH 5UPPORTI cemk I SIONER PILINGS IN PALMER COVE, SALEM, � ; crca ESSEX COUNTY MA. SECTION CHIEF AWowd by DWftenl of E1MrOnmet MOM Dom: f E 815 1991 > ,. „ C all PALMER S COVE .0 Jot31 `Q_ YACHT CLUB , INC . ❑ a„ ,.���� o SALEM , MA . N RIP-RAP ❑ ❑ '��^'"-� - /`�{'��� ❑ PILES ADDED /?" o EXISTING TRU 183 ' —y ® I SHAD D SHETLAND PROPERTY AREA 50 0 100 M , H . W . INDIC TE J 157 ' EXPA SION i SCALE iN FEET / 203 ' LEVITY PROPERTY 3TREET LINE M . L . W . IS ING CLUB 177 BUIL 1N S ' & RAMP � -.6- 20 4 5 THERIAULT 1ZM . L . W . S . PROPERTY PROPERTY WALL M . H . W , CITY OF SALEM 0 o J SHEET 2 OF APR. -22' 02 (MON) 09:51 P. 009 x y, N 1� r C it�µtSi;rs � Ll �q -FF-rty4 V 1 Of 1 � z Z w Ig � _ z ui wm W 1 4 1 1 1 �} cn r1 n 1 ! t t 1 ATTACHMENT C I 1 1 1 1 1 I 1 i 1 ATTACHMENT C f t Commonwealth ofMassachusetts _ Division of Marine Fisheries 1 *az 30 Emerson Ave. Gloucester, MA 01930 David E.Pierce (617)727-3336 Director fax (617)727-3337 Charles D. Baker Governor Katyn E.Polito Lieutenant Governor March 18,2016 Matthew A.Beaton Secretory Salem Conservation Commission George N. Peterson,Jr. Commissioner Salem City Hall Mary-Lee King Atm: Tom Devine tdevinec salem.com Deputy Commissioner 93 Washington Street Salem,MA 01970 Dear Commissioners: The Division of Marine Fisheries(MarineFisheries)has reviewed the supplemental information dated 2/29/16 provided by GFS, Inc.regarding the Notice of Intent for Palmers Cove Yacht Club for the dredging,reconfiguration and approval of up ermitted structures at 78 Leavitt Street in Salem. We offer the following comments: • We agree with the proposed modification of the dredge depth in the northwest comer. According to the 2/29/16 letter,dredging to -8.0 to the first 16 feet off the float corner, and then using a 3:1 slope will reduce approximately 800sf of intertidal conversion to subtidal. We appreciate the effort the applicant has made to reduce intertidal impacts. • Regarding the end float to Dinghy Tie Up and Witch's Way that grounds at low tide, one of the proposed modifications(either rotation or shortening of float) should be employed to ensure all floats remain at least 18"off the mudflat at any tide post-dredging. If this recommendation cannot be satisfied,the applicant should utilize piles with float stops or skids to minimize grounding. • The only dredging proposed in the access channel is near the marina basin, at least 250 feet from the 1995 DEP eelgrass layer.It is highly unlikely that eelgrass exists in the marina basin or westernmost portion of the channel based on DEP maps and site assessments we have conducted nearby in the last several years.However,eelgrass does exist along the eastern portion of the channel based on a field visit in September 2013 for an adjacent project. We do not require an eelgrass survey if dredging will be limited to the westernmost portion of the channel. • We understand the request to apply for the entire dredge footprint to preserve the right to maintenance dredge in the future. We request the actual dredge limits be shown on the plan, and the applicant address how they will guide contractors to dredge only the areas discussed above. ' • Our shellfish biologists have recently updated their review policy regarding the request for a shellfish survey.At this time,we offer that the applicant can use historic survey data in lieu of performing their own survey. If the applicant still wishes to conduct their own survey,results will be compared to historic data and the higher number will be used in the mitigation formula. 1of3 • If the applicant would like DMF to perform the mitigation seeding as part of ongoing enhancement , work, see Attachment A for a breakdown of cost.Alternatively,the applicant is welcome to utilize a private entity, in which case we would request a written seeding plan. Seeding cannot occur in Salem Harbor or any other mudflats currently closed to shellfishing for public safety concerns. , Rather,the nearest conditionally restricted or open flat should be used(i.e. in-kind but out-of- place). Out-of-kind mitigation can be considered on a case by case basis. • The above mitigation is for the loss of the shellfish resource only.To mitigate for loss of habitat, this project may be suitable for the In Lieu Fee program for any intertidal areas above MLW converted to subtidal.This component of mitigation will be addressed in the Army Corps permitting process. • The previously recommended TOY'S still apply. Thank you for considering our comments. Feel free to contact me with any questions about this review at 978-282-0308 x108 or iillian.catr(a),state.ma.us. Sincerely, � f J Jillian Carr Fisheries Habitat Specialist and Technical Reviewer Cc: Luke Fabbri,GFS Inc. lafabbri.sifs@—hotmail.com hotmail.com Tay Evans,Jeff Kennedy,Devon Winkler DMF References t. Chase BC,Plouff 1H and Castonguay WM(2002)The Marine Resources of Salem Sound, 1997.Massachusetts Division of Marine Fisheries Technical Report TR-6. I t 2 of APPENDIX A MarineFisheries has calculated impacts to the local soft-shell clam resource from the Palmer Cove Yacht Club dredging activities above MLLW at a total of 737 clams(see formula below)using a local historic density of.08 clams per square-foot(Chase et al 2002) and a survival success rate from the Pines River, where MarineFisheries will be planting clams in 2016. The smallest nets that MarineFisheries will be planting will be 300 square-feet, seeded with a total of 9000 seed clams, at a total cost of$354.04 (calculation below).One net in two years time is expected to adequately compensate for the lost resource at Palmer Cove Yacht Club. Mitigation will be"in-kind"but"out-of-place",reinforcing the notion that impacts should always be minimized at the impact site before mitigation is considered due to net local loss. Area Planting Impacted density Survival Outplant (sq ft) (clams/sq ft) (decimal) (clams) 3687 0.08 0.4 737 Cost of materials for one 300 ft'net Shade cloth(32'length) $83.84 Floats(10) $11.00 Zipties(20) $1.20 Seed(9000) $198.00 $294.04 Labor for construction,install,removal of one net Salem State Student Labor $60.00 Total cost for Palmer Cove $354.04 3of3 dw/JC 3.18.16 4of3 GFSGEOLOGICAL FIELD SERVICES, INC. February 29, 2016 Commonwealth of Massachusetts Division of Marine Fisheries Ms. Jillian Carr 30 Emerson Avenue Gloucester, MA 01930 RE: Palmers Cove Yacht Club Dredging Project Dear Ms. Carr: On December 9, 2015, the Division of Marine Fisheries (DMF)provided a comment letter regarding the proposed Maintenance Dredging of the above referenced project. A copy of DFM's letter is attached. Geological Field Services, Inc. has collected the additional data and edited the appropriate plan in order to prepare the following response to DMF's comments. Please be advised that these plan changes and additional information will be used when making the necessary Army Corps and Chapter 91 permit application. The following comments have been organized in order that DMF presented them. Dredge Footprint and Design The proposed footprint includes dredging of intertidal areas that were approved under some, but not all,previous approvals (i.e.west of the lift approved only in 1946,east of the lift only 1954, southwest corner only 1980).The dredging of these intertidal areas does not appear to be critical to the current function of the marina,especially considering the western limit of the reconfiguration zone is proposed to be pushed seaward,which would reduce the intertidal areas that fall within the zone.We request a narrative describing the need for dredging in the intertidal,square footage of intertidal impacts,and alternatives considered that would avoid these areas. The total"Maintenance Dredge Footprint"represents that cumulative area that the City of Salem, MADEP MADPW have dredge in the past. The"Maintenance Dredge Footprint"is different than the Reconfiguration zone. The Reconfiguration zone is the envelope in which structures can be minimally moved around without full reapplication. It is meant to accommodate minor alterations that occur over time at most marinas. Figure 1 illustrates the intertidal areas that overlap the Maintenance Dredge Footprint. The overlaps occur in the southwest comer and the northwest corner. In the southwest corner there are 466 fe between above MLW and 645 ft'above MLLW. In the northwest corner there are 2,649 fe between above MLW and 3,042 ft'above MLLW. The southwest comer of the Maintenance Dredge Footprint is a critical access point for boat leaving and returning to the west side of the Main Street and Wall Street piers. There are 43 slips along the western edge that cannot be accessed without keeping the southwest comer dredged. The material to be dredged has accumulated on the sea wall constructed by the City of Salem in 1941. Care will be taken not to damage the seawall and the side slope will parallel the slope of the sea wall. Attached is the Chapter 91 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978)594-1376 i GFSGEOLOGICAL FIELD SERVICES, INC. plan for that sea wall in 1941 as Figures 2 and 3.Photo 1 shows the western edge of the marina looking from the northwest corner at the gangway and Photo 2 shows the southwest intertidal area. All of the photographs presented were taken on December 23,2015 at dead low on a-1.0 foot tide. A shellfish , resource assessment will be conducted in the southwest comer of the Maintenance Dredge Footprint to determine the presence of shellfish. In the northwest corner of the Maintenance Dredge Footprint is where the main gangway accesses the marina,the travel lift is located and the gangway to the Dinghy Tie up and Witch Way Piers are located. Currently the floats that receive the gangways touch bottom at MLW. This is causing the floats to rack and list as shown on Photos 3 and 4. The corner of the Maintenance Dredge Footprint is approximately 60 feet from the closest corner of the float. To minimize the extent of intertidal dredging the full dredge depth of-8.0 could be limited to 16 feet off the float corner and then using a 3:1 slope pinch out into the comer. That would reduce the distance to 30 feet instead of 60 feet and save approximately 800 ft' of intertidal dredging. A shellfish resource assessment will be conducted in the northwest corner of the Maintenance Dredge Footprint to determine the presence of shellfish. On the opposite side of the travel lift the end float that services the gangway to the Dinghy Tie Up and , Witch Way Piers grounds at MLW(see Photo 4). The length of this float could be shortened by 4 feet but it will still ground unless the Maintenance Dredge Footprint is dredged in this area which includes the mouth of the travel lift area. The entire Dinghy Tie-up and Dinghy Rack assemble could also be rotated out slightly holding the pile at the junction of the Dinghy Tie-up and Witch Way in its current location. The Club would still need to dredge but it would give move distance between the bottom of the floats and the mud at low tide. We request that Low Low Water be shown on the plan. We have shown Mean Low Low Water on the site plan, Figure 4,and have calculated intertidal areas using both MLW and MLLW..The difference between MLW and MLLW is 0.33'. This plan will be used when applying for the Army Corps and Chapter 91 licenses. The side slopes shown in the sections of Figure 4 will be very steep after a-8ft MLW dredge.We request the applicant address the stability of side slopes throughout the dredge area. All side slopes will be 2:1 to 3:1 slopes. The permit plan has been corrected. This plan will be used when applying for the Army Corps and Chapter 91 licenses. We recommend the use of an environmental bucket. An Environmental bucket was proposed and will be used. Proper siltation control is critical. If bottom-weighted silt curtains or other barriers appear to be ineffective in the containment of turbidity,work should cease and additional measures should be taken. A water quality monitoring plan will be prepared for MADEP's 401 Water Quality Certification- Unpermitted Structures The currently unpermitted structures result in 822sf of impact area,not including the 4,056sf of Section 10A structures under review(Breakwater and Witch Way docks).The primary impact of 14 Hubon Street, Salem, Massachusetts 01970 Tel: (978)594-1376 , GFSGEOLOGICAL FIELD SERVICES, INC. these structures is shading. Some portions of structures appear to be in shallow water,where grounding may also be a concern. The Dinghy Rack is the only unpermitted structure. It is 608 square feet and consists of 3 8x20 foot floats and one 8x16 foot float. The Dingy Rack is just at the mud level at MLW. Photo 5 shows the Dinghy Rack at-1.0 feet. The Dinghy Rack is within the"Maintenance Dredge Footprint and dredging will prevent future grounding. Also if the Dinghy Tie-up was rotated out as discussed above there would be more clearance at low tides. Witch Way and the Breakwater are a total of 4160 sf. Neither structure ground and at MLW are greater than 2 feet off the current bottom. The unpermitted "Dingy Rack"dock array sits adjacent to the MLW line.The applicant should provide additional information about this structure,including depth dimensions and the height off the seafloor.If this structure grounds at any tide,or allows vessels to ground or prop dredge while tied up or in transit,this structure should be relocated to deeper water. The Dingy Rack is 22"thick and it does just touch the mud flats at MLW. The structure could be rotated out several feet as discussed above to avoid grounding but there still needs to be some dredging in this area. There are no vessels tied to the Dinghy Rack and the dinghies that are placed on the rack do not have motors. So there is no"prop dredging"taking place. The Break Water and Witch Way are 22"thick.It does not ground at MLW and is greater than 18"off the -� bottom at its closest edge. The applicant should address the same issues above for the"Main Street"end float near the lift, I which also sits along MLW, and the breakwater which sits in approximately 2.8' based on the plan. Structures should not be allowed to ground at any tide,and we generally recommend at least 18" between the bottom-most part of a structure and the seafloor at the lowest tide. Please see above discussion of the "Main Street"end float near the lift. The applicant should clarify if the Witch Way docks and Breakwater are proposed to become permanent structures as opposed to their current seasonal nature.If permanency is proposed,we recommend the use of lower-impact options for anchors,such as piles with float stops(if risk of grounding)or flexible rode moorings as opposed to traditional chains. Witch Way and the Breakwater are proposed to be become permanent structures to be held in place with piles. The Club would like to stop having to move these structures in and out and resetting the anchors each season. Finfish and Shellfish A shellfish survey should be performed in all areas above MLLW within the work footprint to quantify potential impacts. As previously stated PCYC MLLW has been put on the site plan and the intertidal areas have been calculated to total 3,115 ftz above MLW and 3,687 ftz above MLLW. A shellfish resource assessment will be conducted in the southwest and northwest corners of the Maintenance Dredge Footprint to determine the presence of shellfish. 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978) 594-1376 GFSGEOLOGICAL FIELD SERVICES, INC. We recommend a time of year restriction for in-water,silt-producing work from February 15 to June 30 to protect spawning winter flounder and eggs. The Club agrees with the time of year restrictions We recommend a time of year restriction for in-water,silt-producing work from May 1 to September 30 to protect spawning and settling shellfish resources from siltation. The Club agrees with the time of year restrictions Eelgrass An eelgrass survey is needed throughout the project site and within at least 100 feet of the project footprint,including but not limited to the pockets of grass mapped by DEP at the mouth of the channel. The project footprint has been plotted on the MassGIS overlay showing the 1995 eelgrass extent. DMF was concerned that the project was in potential eelgrass areas mapped in 1995.No dredging is proposed in the majority of the access channel. The only dredging proposed in the access channel is near the marina basin. A 300-foot radius has been drawn around the eastern extent of the proposed dredging. The 300-foot radius clips the 1995-eelgrass beds in two locations. The closest the proposed project comes is approximately 250 feet. Please be advised that not all of the Maintenance Dredge Footprint is proposed to be dredged. The Maintenance Dredge Footprint is shown in it entirety to preserved the right to maintenance dredge in the future. In our opinion and eelgrass survey is not necessary for the proposed dredge project. In-water,silt-producing work should not take place within 100 feet of any eelgrass. No dredging is proposed within 100 feet of any eelgrass Depending on survey results and proximity of eelgrass, a monitoring plan may be necessary. I An eelgrass monitoring plan is not believed to be necessary using a 100' setback as a protective ' distance. Please be advised that these responses will be provided to DMF in advance of the Army and Chapter 91 permitting process. Please contact me with any questions. Sincerely, GEOLOGICAL FIELD SERVICES, INC. Luke Fabbri 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978) 594-1376 Commonwealth ofMassachusetts . Division of Marine Fisheries 30 Emerson Ave. Gloucester, MA 01930 David E.Pierce (617)727-3336 Direero' fax (617)727-3337 Charles D. Baker Governor Karyn E.Polito �. Lieutenant Governor December 9,2015 Matthew A.Beaton Secretary Salem Conservation Commission George N.Peterson,Jr. Commissioner Salem City Hall Ma Lee King g Attn: Tom Devine tdevinegsalem.com Depuq,Commissioner 93 Washington Street Salem,MA 01970 Dear Commissioners: The Division of Marine Fisheries(MarineFisheries)has reviewed the Notice of Intent submitted by Palmers Cove Yacht Club Inc for the dredging,reconfiguration and approval of unpermitted structures at 78 Leavitt Street in Salem. Dredging will remove 25,000 cubic yards of intertidal and subtidal material to-8ft MLW and dispose of it at an aquatic disposal site,if approved.The dredge impact area is approximately 288,840sf including 203,115sf in the marina basin and 85,725sf in the access channel that extends to the east of the basin.The proposed dredge footprint combines the footprints of several previous dredge approvals, including those from 1946, 1954 and 1980.Additional work proposed on site includes reconfiguration of the marina zone to include an existing seasonal breakwater. The breakwater(roughly 120' long)and"Witch Way"(roughly 300' long)are requested for approval to retain unpermitted Istructures, as are several unpermitted floats that currently exist onsite. Salem Harbor provides essential forage habitat for a variety of fish and invertebrate species including but not limited to alewife(Alosa pseudoharengus),blueback herring(Alosa aestivalis),rainbow smelt (Osmerus mordax),American eel (Anguilla rostrata),white perch(Morone americana), Atlantic tomcod (Microgadus tomcod),Atlantic cod(Gadus morhua)and American lobster(Homarus americanus). It is also habitat for the forage, spawning,and early development of winter flounder(Pseudopleuronectes americanus). The project site contains both intertidal and subtidal habitats which are likely utilized by the above listed species for various life stages and behaviors, including spawning,egg and juvenile development,foraging activity and migratory transit.Furthermore, a shellfish suitability polygon,the State's formal shellfish habitat designation,is present within and adjacent to the project site. Soft shell clams(Mya arenaria),blue mussels(Mytilus edulis)and quahog(Mereenaria mercenaria)may exist in the intertidal area within and/or adjacent to the work area. Since the shellfish suitability polygons have a coarse resolution,delineated areas should be used only as a guide to the approximate location of shellfish habitat. The site is in Classification Area N18.1 and is prohibited from the harvest of shellfish. Even though harvest is not permitted in this location,the resource should be protected to avoid losing the multitude of ecosystem-wide functions and benefits that shellfish serve. Eelgrass(Zostera marina) is mapped by DEP immediately adjacent to the project site. It is unclear if eelgrass is mapped within the project footprint since the plans do not include DEP's eelgrass boundaries. A large,expansive meadow was mapped in the area in 1945,and was reduced to smaller pocket meadows in 2006 and 2012 along the eastern portion of the channel. According to DEP, Salem Harbor lost 70%of its eelgrass in the period between 1996 and 2006'.The drastic decline in eelgrass coverage is thought to be a ' result of increasingly poor water quality and highly organic sediments.The relatively small patches of eelgrass remaining in Salem Harbor have persisted but are likely stressed. Any additional stress and increased turbidity could be too much for the grass to withstand. Dredge work may not only increase turbidity and potentially bury eelgrass,but may also stir up organic, fine grain sediment that can result in increased suspended nutrients and declines in dissolved oxygen. This may stress eelgrass even outside of the dredge footprint.The patches near the project area may be some of the last remaining patches of eelgrass in Salem Harbor,the loss of which could cause substantial changes to the harbor's ecology. Given the importance of eelgrass as fisheries habitat and its regulatory status as a Special Aquatic Site (Clean Water Act 404(b) (1)),all efforts should be made to avoid and minimize impacts. Based on recent Google and USGS aerial photography,dark patches can be seen throughout the area,extending beyond the 2012 DEP eelgrass layer. Since DEP's eelgrass layer is of course resolution and only intended for use as a guide, eelgrass presence or absence cannot be accurately determined without a survey. Our recommendations are as follows: Dredge Footprint and Design , • The proposed footprint includes dredging of intertidal areas that were approved under some,but not all,previous approvals(i.e.west of the lift approved only in 1946, east of the lift only 1954, southwest corner only 1980). The dredging of these intertidal areas does not appear to be critical to the current function of the marina,especially considering the western limit of the reconfiguration zone is proposed to be pushed seaward,which would reduce the intertidal areas that fall within the zone. We request a narrative describing the need for dredging in the intertidal, square footage of intertidal impacts,and alternatives considered that would avoid these areas. • We request that Low Low Water be shown on the plan. • The side slopes shown in the sections of Figure 4 will be very steep after a-8ft MLW dredge. We request the applicant address the stability of side slopes throughout the dredge area. • We recommend the use of an environmental bucket. • Proper siltation control is critical. If bottom-weighted silt curtains or other barriers appear to be ' ineffective in the containment of turbidity,work should cease and additional measures should be taken. Unpermitted Structures • The currently unpermitted structures result in 822sf of impact area,not including the 4,056sf of Section l0A structures under review(Breakwater and Witch Way docks). The primary impact of these structures is shading. Some portions of structures appear to be in shallow water,where grounding may also be a concern. • The unpermitted"Dingy Rack"dock array sits adjacent to the MLW line.The applicant should provide additional information about this structure, including depth dimensions and the height off the seafloor. If this structure grounds at any tide,or allows vessels to ground or prop dredge while tied up or in transit,this structure should be relocated to deeper water. • The applicant should address the same issues above for the "Main Street"end float near the lift, , which also sits along MLW, and the breakwater which sits in approximately 2.8' based on the plan. Structures should not be allowed to ground at any tide, and we generally recommend at least 18" between the bottom-most part of a structure and the seafloor at the lowest tide. • The applicant should clarify if the Witch Way docks and Breakwater are proposed to become permanent structures as opposed to their current seasonal nature.If permanency is proposed,we recommend the use of lower-impact options for anchors, such as piles with float stops(if risk of grounding)or flexible rode moorings as opposed to traditional chains. Finfish and Shellfish • A shellfish survey should be performed in all areas above LLW within the work footprint to quantify potential impacts. • We recommend a time of year restriction for in-water,silt-producing work from February 15 to June 30 to protect spawning winter flounder and eggs. • We recommend a time of year restriction for in-water,silt-producing work from May 1 to September 30 to protect spawning and settling shellfish resources from siltation. • Loss of intertidal or subtidal habitats or fisheries resources may require mitigation by permitting agencies. Eek • An eelgrass survey is needed throughout the project site and within at least 100 feet of the project footprint,including but not limited to the pockets of grass mapped by DEP at the mouth of the channel • In-water, silt-producing work should not take place within 100 feet of any eelgrass. • Depending on survey results and proximity of eelgrass,a monitoring plan may be necessary. Thank you for considering our comments. Feel free to contact me with any questions about this review at 978-282-0308 x108 or iillian.carr(a state.ma.us. Sincerely, I J Jillian Carr Fisheries Habitat Specialist and Technical Reviewer Cc: Luke Fabbri,GFS Inc. Iafabbri.Qfsghotmail.com Alison Verkade,NMFS Tay Evans,Kathryn Ford,Dave Roach,Devon Winkler DMF References I Costello CT,Kenworthy WJ(2010)Twelve year mapping and change analysis of eelgrass(Zostera marina) distribution in Massachusetts(USA)identifies state wide decline. Estuaries and Coasts. 1 1 i 1 F-rl rij00 N � �+ z ' ,(� 190 SHEET I OF 2 SHEETS T (i�I jnl I 8 .. 1�tJU 2 { 3 M6rs. T L u u Ynps o� e LEAVITT ST, 4 500 000 ((I FROM ;15.C.+G.S.CHART No. 24C u 1 i y~j I /��hare:Thenioau 70 Lem;i' St, 1 � f C � Z � CITY OF SALEMz � ? l 'O rt I .�(.I See a .i We-149z L- Dep. Public Warks U 1 Fo*F'reaeni 9c M'Feod$Fiii ti �n, .14 LAFAYET— TTE p1 1 0 ; be� F z' m W' �`l` u •.. roA Q �i Q �� . Ti r _. U 3E } ST. W V LEACH \ Sadie Lavoie y m St � m PLAN ACCOMPANYING PETITION OF NO. 2219 APPROVED BY DEPARTMENT OF PUBLIC WORKS CITY OF SALEM J(4Y 31, 1940 FOR RIPRAP FILL & PIER PALMERS COVE --- gspG1ATE SALEM, MASS -64;T:- e CrtY EN3I NEER —� i ee woeawwvs I � . I .._ ... ._,.._.____.......,..._.., .__ ..._...,...._ ....._.___......__.______..—_...,..._._,_____—___�_.__._._...__,.Topot Nle lk,§Idewal4.' [lev 150 M.H.W Elev9.0 ��- Presenf Bu'IK hea Elev 8.0 ����ti�vnmmnr�(` � ' 9AhRP;mJrt nrm^rrncmMr'�`�^m+�.fi`�m�n..rtmmm�mn��` a`�'nmmrmw �,nmM"' j M.L.w Fiev 0 �x I, _._.._._ _._..__...__..� ............... ..._._. , _._.. _ _._..__TQg of RlPrgp_�0 PROFILE 4411ppnn 3Cgles in ff. Hol'. l Ver. -�-3iY- =_—�-�a ' f... ..6L vylE.33 2ox3%e ya a �z I to xIE cap j M.H.W.9.0 Slope Dto l � 1 y Gpa ,ped nt M.47W9.0 y� Vremr�f 13olKhewJ�l _ _ 't [gy_GU ' " S I r� END SECTION 36 Pelee n„f lesc thou I '1 Scole N 1 11 I 1 I i LICENSE_ PLAN NO.2219 ELEVATION APPROVED JULY 31, 1940 _ I Scate � o _� I W w pa RM um low L E G E N D N CyI rr® �EtlI IFI I4 uF4i� lyy I (Ever rvor wsr.wn x . w J o(m rBm�ip�rtje /d'A V/TT STRSRP F�[A i J I 8 ii 3 L uv¢2 `eo. u Uew� �o xcemr,1NOru�x.m. .xn�na me w.v.xxur t t I � `� � 3 .n r � •.lei. __ a Yr gr 'c`"`a { '� ' .m T � t ,_i. . v3 2 �l tt1`{ V-1 `• S f _ t osxwuxmes� 41 wu.x � u�u..rmw�'auwameurm wn,.m.mu.s t \ tl -� ,. rao.vnmmua.,,a � En9ineenng �S 1� t 1� b murvaiumm� Asnsms PALMER COVE YACHT CLUB. INC 74 LEA STREET SALEM, MA H _ F _ ..xunu�niwxw•numuu .u..xu rm EXISLNG HYMET j y PALNRR'S COYS v'rmrcmrm�w p uo[rnw� CONDITIONS •a� • SALRL HARHOR GPAYNIC SCALF1 ` .�,t/°..; a wn muMvnvumnmmmuw _ FIGURE m..m n um 2 r �■r r m owl tm m r� v r m q.. M p A. ._ _ _ _ Bk .i.. ..... ......< ... v ..... .v .. i. mJ. vt_. .... .. r. .. v.0 o- v^•^ q 3 h . .< ..y .a..v. .... .r. :.R L4zr ., 1 .. .. .. ..% .. a ,:.:.1 n,. .. _ . 6 i..y 1 Yaf. .._.,q, a..... y n.. • y. y .i'.. _Y �...:..„ ... '....' .:... : .�...:..:. a .� ;... ..H.-!...... .. .v.... .. _ .... ..... -la 0+00 1400 2+00 J+Po Naa. s«00 r 9«00 - )+oo B+CO vaW lofao 11+00 1a SECTION A-A 0_ 5 H zontol . 1�=40' ' Vertcnl —1-='4' 1 6 ...f d.... ri aPBm ., L _ oa ..ua RevWws cxnvxlc scue »_. .......,.. .. 1v - t ^ oAn ,"°.e " loos " lwav 1.+ov 14+�s 0 0 w 10 a a w r. Griffin 9 I ". 4 mvz A En91r1asArg 1 . 4vsuewsv..t a,erm' PALMER COVE 1 . YACHT CLUB.INC '^'I ••e' s(,.• I 74 LEAWT STREET SALEM, MA 0 _ CR055-SECilONS. wa] ir00 NW 0«00 1+W EioO %00' 4+W »W 1.m, SECTION 13-13ACCESS. CHANNEL 'TION C-C - MARINA BASIN +ala FIGURE Scolo:Horizontal - 1'=40' Scale: Harizontal - 1=40' gy0 4 Vertical- 1' - 4' vertical - 1' - 4' ptls llp9A9 i It y +N < t .r•,)y� 5 q � � � h �A �� C+ S K E 1 . 5 �.IN4 A, l o t .a" p. ., sps �� q u` ' r "Z �r@ rle r rr 3 n \ d cN A 4�MA- S�ry .� � �i f A• ..Y 1" "- f ,f All V 9 k MASSAGfUSIIS STATE PLANE g tg �kgtl 9 J t 1� A fl 0 9 � � �� b n '3FF328� r 5 ' s. RNP 1111'� Nae ers'7c �, PLTY =T8 �i m n g � s .#M S tJee. P o�Jn � 4�� IC um h >r.e.S ��- yy e NA f'yh Zoo �� � � _ � 9*. t r �� r o-`N !►t h k r�viYy„� 'J'� 'r! r !. i1Mi,&;h.�i—E y�9 t 1 r8 P,! `+ 'lr��y k'sa k V 'o-' i• Ai` ig�� tY d r � � �'♦ �- I y � +� x, r t,� r� ♦ a ,.��4 5r G� rs. rl in fi'i�{yyg C 3A. * r 'jtl r'I 4 l lid ka, rtN, kkk .. 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Vit► . �� / �. ! �� res•""-^+r_ ` � , �# f � b iv Aida�_ fl- 1w 14 b k f} fi Lk �t }Ps f l'y, ♦ _ f t�vjy. `} rF& ! ,/ ,r ni le- x p 1 ATTACHMENT D ' 1 1 o ' Z W �_ Q K Q 1 1 � ' TOXICOLOGICAL EVALUATION OF A PROPOSED DREDGE SEDIMENT: Palmer's Cove Yacht Club ' Tier III Sediment Evaluation Salem Harbor, Salem, Massachusetts New England District Corps of Engineers Application Number: ' Grain Size Distribution Analysis Prepared For: ' Geological Field Services, Inc 14 Hubon Street Salem, Massachusetts 01970 ' Prepared By: ' EnviroSystems, Incorporated One Lafayette Road Hampton, New Hampshire 03842 ' Reference 28153 September 2016 ' Page 1 of 6 TABLE OF CONTENTS , LABORATORY STANDARDS STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 t 1.0 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' 2.0 SAMPLE COLLECTION, PRESERVATION AND STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.0 ANALYSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' 1 4.0 RESULTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5.0 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' LIST OF TABLES ' Table 1. Sample Collection and Receipt Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 2. Core Description Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' APPENDIX A: SUPPORT DOCUMENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Palmer's Cove Yacht Club Sediment Evaluation. Grain Size Analysis. , U.S. Army Corps of Engineers Application Number . ESI Study 28153. Page 2 of 6 ' LABORATORY STANDARDS STATEMENT ' This study was performed by EnviroSystems, Incorporated at its facility in Hampton, New Hampshire. EnviroSystems' laboratory is accredited by the State of New Hampshire under the National Environmental Laboratory Accreditation(NELAC)program.All testing conducted by EnviroSystems as part of this program was compliant with NELAC guidelines and standards.Additionally,this study was conducted in accordance with guidelines presented in the 2004 version of the New England District's Regional Implementation Manual (RIM)for Evaluation of Dredged Material Proposed for Disposal In New England Waters.Any deviations from ' specific elements of the RIM are detailed in the Protocol Deviation Section of this Report. f ' For EnviroSystems, Inc.. Mm. -- October 5 2016 Kenneth A^Simon Date ' Technical Director 1 1 ' Palmer's Cove Yacht Club Sediment Evaluation. Grain Size Analysis. U.S. Army Corps of Engineers Application Number . ESI Study 28153. Page 3 of 6 i GRAIN SIZE ANALYSIS i OF A PROPOSED DREDGE SEDIMENT: Palmer's Cove Yacht Club, Salem, Massachusetts i 1.0 INTRODUCTION ' As part of a comprehensive plan to reduce adverse environmental impacts of ocean dumping,Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 specifies that all sediments to be discharged into ocean waters must be evaluated to define their potential impact on existing benthic communities.The United States Environmental Protection Agency(US EPA)has determined that in order to evaluate the potential impact, the sediment attributes must first be characterized. This project was designed to characterize the sediments from the area of dredging proposed for the ' Palmer's Cove Yacht Club, located in Salem, Massachusetts. Testing involved completion of grain size analyses following procedures established by the US EPA and the United States Army Corps of Engineers (US ACE) for testing of dredged material. Procedures are presented in Evaluation of Dredged Material Proposed for Ocean Disposal (US EPA, US ACE 1991) and the Regional Implementation Manual for Evaluation of Dredged Material Proposed for Disposal in New England Waters(US EPA, CENAE, 2004). 2.0 SAMPLE COLLECTION, PRESERVATION AND STORAGE i Sediment core samples were collected and provided by Geological Field Services,Inc.(GFS),Salem, Massachusetts from locations specified within the project's proposed footprint.Core description log summaries i provided by GFS are presented in Table 2.Samples were received by EnviroSystems, Incorpoarted (ESI)at it's Hampton, New Hampshire facility under chain of custody, and in sample containers appropriate for the specified analysis. Upon arrival at the laboratory,all samples received an internal sample control number and were logged into the project sample control system. Samples were placed in a secure holding location and ' stored at a temperature of 4±2°C until analysis. Sample collection and receipt information is presented in Table 1. 3.0 ANALYSIS ' A representative aliquot of each sample submitted was sub-sampled for grain size analysis,which was carried out under subcontract by GeoTesting Express, Incorporated, 125 Nagog Park,Acton,Massachusetts following RIM protocols and specifications. i 4.0 RESULTS A full copy of the grain size report is included in the data appendix. Review of the data report ' documents that all sample holding times were met and that the methods used in the analysis were appropriate P 9 Y for the parameter and sample matrix. Review of supporting quality assurance data documented that all data collected meet all of the requirements specified in the RIM document and method protocol. 1 5.0 REFERENCES US EPA, US ACE. 1991. Evaluation of Dredged Material Proposed for Ocean Disposal- Testing Manual. i EPA-503/8-91/001. 204 pages. US EPA Region I, Corps of Engineers, New England District. 2004. Regional Implementation Manual for , Evaluation of Dredged Material Proposed for Disposal in New England Waters. September2004. 1 Palmer's Cove Yacht Club Sediment Evaluation. Grain Size Analysis. i U.S.Army Corps of Engineers Application Number . ESI Study 28153. Page 4 of 6 i I ' Table 1. Sample Collection and Receipt Information.Palmer's Cove Yacht Club Grain Size Analysis. September 2016. Collection Receipt ESI Code Field ID Matrix Date Time Date Time 28153-001 PC-1 Sediment 09/09/16 1023 09/13/16 1025 28153-002 PC-2 Sediment 09/09/16 1046 09/13/16 1025 28153-003 PC-3 Sediment 09/09/16 1120 09/13/16 1025 28153-004 PC-4 Sediment 09/09/16 1137 09/13/16 1025 28153-005 PC-5 Sediment 09/09/16 1200 09/13/16 1025 ' 28153-006 PC-6 Sediment 09/09/16 1218 09/13/16 1025 28153-007 PC-7 Sediment 09/09/16 1230 09/13/16 1025 28153-008 PC-8 Sediment 09/09/16 1255 09/13/16 1025 ' 28153-009 PC-9 Sediment 09/09/16 1318 09/13/16 1025 28153-010 PC-10 Sediment 09/09/16 1327 09/13/16 1025 Table 2. Core Description Summary. Palmer's Cove Yacht Club Grain Size Analysis. September 2016. ' Core ID ESI Code Recovered Length Notes (Inches) PC-1 28153-001 48 Very soft black organic rich mud PC-2 28153-002 12 Very soft black organic rich mud. 2"of soft gray clay in bottom of core. PC-3 28153-003 14 Very soft black organic rich mud PC-4 28153-004 12 Very soft black organic rich mud PC-5 28153-005 14 Very soft black organic rich mud PC-6 28153-006 24 Very soft black organic rich mud PC-7 28153-007 14 Very soft black organic rich mud PC-8 28153-008 20 Very soft black organic rich mud ' PC-9 28153-009 12 Very soft black organic rich mud. 1" Brown fine sand PC-10 28153-010 14 Very soft black organic rich mud, 2"gray clay in ' bottom of core. All cores required repeated samples to acquire adequate sample volume. ' COMMENTS: Data were provided by Geological Field Services, Inc., Salem, Massachusetts. Horizontal Datum WGS 84. Palmer's Cove Yacht Club Sediment Evaluation. Grain Size Analysis. U.S.Army Corps of Engineers Application Number . ESI Study 28153. Page 5 of 6 DATA APPENDIX-SUPPORT DOCUMENTATION , Number of pages' Core Collection Data 0 Core Description Logs 1 Core Images 0 Grain Size Report- GeoTesting Express, Inc. 10 Chain of Custody for Grain Size Analysis 1 Sample Receipt Log and Chain of Custody 2 Total Pages 14 r t 1 r r r r r r r r Palmer's Cove Yacht Club Sediment Evaluation. Grain Size Analysis. U.S.Army Corps of Engineers Application Number . ESI Study 28153. Page 6 of 6 1 Core Depth of Sediment Recovery Description ' Location Water Thickness (inches) PC-1 —4.5 6 feet 48" Very soft black organic rich mud PC-2 —6 4 feet 12" Very soft black organic rich mud. 2" of soft gray clay in bottom of core. rPC-3 —5 5 feet 14" Very soft black organic rich mud PC-4 —9 2 feet 12" Very soft black organic rich mud PC-5 —9 2 feet 14" Very soft black organic ' rich mud PC-6 —7 4 feet 24" Very soft black organic rich mud PC-7 —8 2 feet 14" Very soft black organic rich mud PC-8 —9 2 feet 20" Very soft black organic rich mud PC-9 —7 2 feet 12" Very soft black organic rich mud, 1" Brown Fine Sand ' PC-10 —9 2 feet 14" Very soft black organic rich mud, 2"gray clay in bottom of core. ' All cores required repeated samples to acquire adequate sample volume. 4 Palmer's Cove Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 1 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. �� Client: 28153Systems, Inc. Project: 28153 Loc GeoTes- Boring ID: --- Sample Type: jar Tested By: jbrGTX-305339 E X,P R E S S. Sample ID: PC-1 28151-001 Test Date: 09/26/16 Checked By: emm , Depth : --- Test Id: 391319 Test Comment: --- Visual Description: Moist, black silt with sand , Sample Comment: --- Particle Size Analysis - ASTM D422 C OO r O O O O O O m ItN V D N 100' It k 1t 31: �k # 3k 90t. . . . . . . . .. . . . . . .. . . . . .. . . . . . . ... . . . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . 80 jjjj . .. . . . . . . ... . . . . r � r r , 7o . . . . .. . .. . . . . :.. . . .. . . . . . . . . ;. . . .... . . . . .. .. .: ' fi0 .. . . _ _ . _ . . . . . . . . . . . . . . . . . . . . . . .. . . . . . _ . . . . . . . . c50 . . . . . . . . . . . . . . . :.. . . . .. . . . . .. . . :� . . , r r r r , . . . . . .. . . . . . . . . . . . . . . . 30 . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . .. . r 20 . . . . . . . . . . . . . .. . . . . . . . . .. . . . ..,. . . . ,. .., . . ,. . . . . . . . . . . . . . . . . . . . . . . . 10 0 . 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand °/aSiRBClay Size , — 0.7 17.1 82.2 , ;i Sieve Name Siei Size,mm Percent Finer Spec.Percent Complies _ Coefficients i D85=0.1134 mm Dao=N/A 0,375 in 9.50 100 - Dso=N/A D15=N/A #4 4.75 99 110 200 99 D5o=N/A Dio=N/A #20 0.55 96 Cu =N/A Cc =N/A - #40 OA2 93 #60 0.25 90 - Classification ' #100 ons w ASTM N/A #2aa a.wfi ez AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness : --- y...aed Palmer's Cove-,Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 2 of 14 U.S.Anny Corps of Engineers Application Number .ESI Study 28153. ' Client: EnviroSystems, Inc. Project: 28153 GeoTesting Boring ID: --- Sample.Type: jar Te ted By: jbrroject No: GTX-305339 E X P R E S S Sample ID: PC-2 26151-002 Test Date: 09/26/16 Checked By: emm Depth : Test Id: 391320 Test Comment: --- Visual Description: Moist, black silt Sample Comment: Particle Size Analysis - ASTM D422 C 1n O O r O O O O O O 100 ik ik 1k 7k & 1k 1k I I 1 90 . . . . . . . . .. . . . . . . ... . . , . . . . . . . . . . . . i. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . ... . . . . .. . . . . . .. . . .� . . I I 1 . . .. _ . ... . . . . . . .. 80 . . . . . . ' I I 1 60 . . . . . . . . . ... .:I. .. .l. . .. . �. . . :1. . . . 1...1 . . .1. . 1. . .. . . . . ... . . . . .. . . . .. . . C V A I 1 C 50 ;. d a 1 i 1 .. . . . .. . .. . . . . 1 1 . . . . . .. . .01 . . .. . . . . . . . . .. . . . . . . . . . . . . . ... . . . . . ... . ; . . ; ' i . . .. . . . . .. . . . . . .. . . 1 I I 1 10�_ . . ._ _. . .. . _.__ . . . . . . . . . . . ..... .... . . . . ,. . . . ..,. . . . 1. ..1 .. .1. . ... ,. . . . . . . . .. . . . ., .. ... . . . . . . . • , ; I 1 1 I 1 1 0' 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Silt&Clay Size — 04 7.9 91.7 1 Sieve Name Sieve Sim mm Percent inner Spec.Percent Complies Coefficients '�'r D85=N/A Dao=N/A 0.3751n 9.50 100 ' a. D60=N/A D15=N/A #4 71 100 x10 2.00 99 D5o=N/A Dtc=N/A x20 0.85 99 Cu =N/A Cn =N/A .40 OA2 9B 160 0.25 91 Classification x100 015 95 ASTM N/A #200 0.075 92 AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- ' Sand/Gravel Hardness : --- t,:a,cPa Palmers�CovelYacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 3 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: 53Systems, Inc. 281 Project: 28153 GeoTesting Boring ID: --- Sample Type: jar Te ted By: jbrroject No: GTX-305339 E Y P RA S'S,. Sample ID: PC-3 28151-003 Test Date: 09/26/16 Checked By: emm ' Depth : --- Test Id: 391321 Test Comment: --- Visual Description: Moist, black silt Sample Comment: --- Particle Size Analysis - ASTM D422 pp 0 0 0 N M V N V l0 N N 100 tk 3k_3k 3k k �k tk ' 1 J 1 1 1 90 .. . . . . . .. .. . . . . ... .. . . . . . . .. . .:1. .. . . .. . . .1. . . . :. . . . . . .. . . .1. . . . .. . . . . . . .. 1 1 I I 1 I I 1 I I 70 . . . . . . . .. .. . . . . .. .. . . . . . . . . . .. . �. . . . 1. . .. . �. .. . .�. . . 1 I 1 , 60 .. . . . . . . . . . . . . . . . . . . .. 1 .. 1 1 . .1. . 1 . . . . . ... .. .. . . . . . . . . .. C V . . . . 50 d 1 1 I 1 I I. I 30 . . . . .. . . . . . . . . . . . . . . . .. . . . 11. . ..1. . . . .'. . .'. . .I. _ I . . . . . . .. . . .. . . . . . . . . . . 1 � 1 1 I I I I 1 1 • •' I 1 � I 1 1 I � I r o� 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Si@&Clay Size ' — 0.2 6.8 93.0 Sieve Name Sieve Size,mm Percent Finer spec.Percent complies Coefficients D85 N/A D30 N/A 0.3151n 9.50 + 100 _..i x4 4.15 100 Dao=N/A Di5 N/A , #10 zoo 100 D50=N/A D10=N/A #20 0.85 99 Cu =N/A Cc =N/A #40 oA2 99 #60 0.25 99 Classification #1w 0.15 98 ASTM N/A #200 0.015 93 AASHTO Silty Soils (A-4 (0)) - Sample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness : --- , P,=, .Palmers Cove Yacht Club Sediment Evaluation,Grain Size Analysis. Grain Size Data Appendix Page 4 of 14 U.S.Army Corps of Engineers Application Number . ESI Study 28153. , Client: 5Systems, Inc. Project: 28153 GeoT2813 esting Location: -_- Project No: GTX-305339 Boring ID: Sample Type: jar Tested By: jbr E X P R E S S Sample ID: PC-4 28151-004 Test Date: 09/26/16 Checked By: emm Depth : Test Id: 391322 Test Comment: --- Visual Description: Moist, black silt Sample Comment: Particle Size Analysis - ASTM D422 O O O O 0 0 100 jr I i 1 i 90T. . . . . . . . .. . . . . . ... . .. . ... . . .. .. 1 . ,.. . . . . . . . . . . . . .. . . . . . . .. r ' 1 1 I I I 1 801.. 1 1 1 r 70 I 1 I 1 1 1 1 LL { 50 _ _ . . . . � d . . . . . . . . .. . . . . . .. . . . . . 1 .. . . . . . .. . .. . . . . . . . . . . . . 30 .. . . .. . .1. . .1. . . . . 1. 1 I I I 1 1 20 1 1 I I I 10r.. . . . . . ... . . . . . .:. . .. . . .. . . . . .. v. . . . i. . . . . 1. . .. ...1. . . . 1. ..1 . . .1. . ... .1. . . . . . .. . .. . . .. . . . . .. . . . . . .. . . 1 r1 1 1 I 1 1 a 1000 100 10 1 0.1 0.01 0.001 Grain Size(nm) 1 %Cobble %Gravel %Sand %Silt&Gay Size 0.5 99.5 Slew Name Sieve Size,mm Percent Fimr Spec.Percent Complies Coefficients a is ?» sY'n: D85—N/A Dao—N/A #4 4.75 loo #10 2.00. 100 D6o=N/A D15-N/A #20 0.85 100 D5o=N/A Dio=N/A #40 0.42 100 Cu =N/A Cc =N/A #50 0.25 100 1 ,00 0.,5 1 00 Classification 1200 0.075 99 ASTM N/A AASHTO Silty Soils (A-4 (0)) rSample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness : --- r p--iaed Palmers CovelYacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 5 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: EnviroSystems, Inc. , Project: 28153 GeoTesting Boring ID: --- Sample Type: jar Tested By: jbrLocation: --- Project No: GTX-305339 E X P R E'S'S• Sample ID: PC-5 28151-005 Test Date: 09/26/16 Checked By: emm ' Depth : --- Test Id: 391323 Test Comment: --- Visual Description: Moist, black silt Sample Comment: --- Particle Size Analysis - ASTM D422 O v o 0 0W 0 0 100 3k tk 3k # k , 90 . . . .. . . . . . . . . .. .. . . . . ... .. . . . . . ..I . . . . . . .. . . . . . . . . . . . . . . . 70 . . . . . . . .. .. . . . . :. . . .. . . . . .. . .. . :. . . . � I I . . . . . .. . . . . ... .. ... . . . . . . . . I • I ; i I I I . C 50 . . . . . . .. .. . . . . . . . . . . . . .. .. . . . . I I . ... . . . . . . .. . . . . . . . . . . . . . . . UI I I I I I 1 I I I a I I I - ii 30 . . . . . . .. . . . . . .. .. . . . . . .. .. . . ' . . ' .:�. . . �. ..�. . . .�. . �. . . . . . .. . . . . . . . . . . . 10 . . . .. . .. .. . . . .. .. . .. . .. . .. . . . . . ,. . . .:.I_ . . .. ..I_ ... . .. .�. . . . . . . .. .. . . .. . . . . . . .. . , 01 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Sift&CIaySize 0.0 1.4 98.6 Slave Name Sieve Size,mm Percent Finer Spec.Percent Complies_ Coefficients D85=N/A D30=N/A #4 4,75 100 Dso=N/A Dts=N/A #m zoo w0 #20 065 100 DSo=N/A Dio=N/A #a0 0.a2 100 Cu =N/A Cc =N/A #60 0.25 100 #100 015 99 Classification #200 0.075 99 ASTM N/A AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness a_,«ea Palmers:Cove,Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 6 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: EnviroSystems, Inc. Project: 28153 GeoTesting Location: --- Project No: GTX-305339 Boring ID: - Sample Type: jar Tested By: jbr E X P N E S S Sample ID: PC-6 28151-006 Test Date: 09/26/16 Checked By: emm Depth : Test Id: 391324 Test Comment: --- Visual Description: Moist, black silt Sample Comment: Particle Size Analysis - ASTM D422 C OO r O O O O O O M V N V (O N 100 ik ik ik 7k # 1k 1k 90 . . . .. . ... . . . . . .. . . . . . . . . . . . i. . . . .i. .I. . . i . .i. . . . . . . . . . . . .. . . . . . . . . . . .. . . ... . .. . . . . . . . . . . .. . .. . . . . . . . . . .. . ... .. . . . . .. . i70 1111 LL .. . . ... .. . . . . . . .. . . . .. . .. . ii i i . . . . . . . . . . . .. . . . . . . .. . 50 U . .I. . . .I. I. . .I. 1. .' . . .'. . .. a40 .. . . . .. . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . ;. .. . . . .30 . . . . . . . .:. . . .. . . . . . . .. . . .1 11}.. . . . . . .. . . — . . . . . . . . .. . .. . .. . . . . . . . a . .I. .i . .� 0 ' 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Sift&Clay Size — 0.4 3.9 95.7 Sieve Name leve Size,m Percent Finer Spee.Percent. Complies Coefficients DeS—N/A Dso=N/A o.l,s.n 9.50 100 D60=N/A Dt5=N/A 14 4.]5 100 x10 2.00 99 Dso=N/A Dio=N/A azo 0.85 96 Cu =N/A Cc =N/A 140 0.42 96 160 o.zs 99,6 Classification 1100 015 91 ASTM N/A 1200 0.075 96 AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness : --- Fri-ted Palmers Covevacht Club Sediment Evaluation,Grain Size Analysis. Grain Size Data Appendix Page 7 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: EnviroSystems, Inc. Project: 28153 GeoTesting Bor ng ID: --- Sample Type: jar Tested By: jbrGTX-305339 E XPN ES;S Sample ID: PC-7 28151-007 Test Date: 09/26/16 Checked By: emm ' Depth : --- Test ld: 391325 Test Comment: --- Visual Description: Moist, black silt Sample Comment: --- Particle Size Analysis - ASTM D422 O < 0 0 0 0 0 0 100 70 6050 .. . . . . .. . . .. . . .. . . . .. . ... .. . . . . . .:.,.. . .,..., . . . . .. . . . .. . . .. .. . . . .. . U a 30 . . . . . . .. .. . . . .. . . . . . . . .. .. . . . . . ... . .. : i _ _ i i . . . . . . . . . . . . . . . . . . . . . . i i . o 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Silt&Gay Size 0.0 0.7 99.3 ' Sieve Name Sieve Size,mm PerceM Finer Spec.Percent Complies Coefficients Des=N/A Dao=N/A a4 4.75 100 Dao=N/A Dts=N/A #10 2.00 100 #20 0.85 100 D5o=N/A Dio=N/A #40 0.42 100 Cu =N/A Cc =N/A #60 0.25 100 #100 0.15 100 Classification #200 0.075 88 ASTM N/A AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape Sand/Gravel Hardness : --- ,cea Palmer'a CovelYacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 8 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. - Client: EnviroSystems, Inc. Project: 28153 GeoTesting Location: --- Project No: GTX-305339 ' Boring ID: Sample Type: jar Tested By: jbr E X P R E S S Sample ID: PC-8 28151-008 Test Date: 09/26/16 Checked By: emm Depth : Test Id: 391326 Test Comment: --- Visual Description: Moist, black silt Sample Comment: Particle Size Analysis - ASTM D422 OO O 0 O O O O 1 100 tk 1 sod—. . . _ . .. . . . . . .. . . . . . . .. . . 1 . . I :.I. . . I 1 .. . . . . . . . I. I. I 1 ao1. . . . . . . . .. . . . ... ... . .. . . . . . . . 1 I I I . I 1 I I I 1 I 1 I I 1 r70 1. 1 60i- j 1 I I 1 1 LLc 1 1 50 . . . . . . I .1 . . .1. . a I 1 40 . . . . . . .. . . . . . . . . .. . . . . . . .. . . . i . . .. :.1. . . . 1.. .1 . . .1. . . .I. . . . . . . .. . . . . .... . . .. . . . . . . . . . r 1 I 1 1 I I 1 30 I 1 I l r 20 . .. . . . . . ... . . .. . . . . ... . .. . . . . . 1 1 1.. ", � .�.. . . . . ... . . . : .. . . . . . . . . . . I 1 I I 1 10 . . . . . . . ... . . . . . .. . . . . . .. . . . . . �. . . . ;. . . ;.�. . . . ,. . .� . . .�. . ,. . . . . . .. . .. . .. .. . .. . . . . . r O ; , I 1000 100 10 1 0.1 0.01 0.001 Grain Size(nm) %Cobble %Gravel %Sand %Sif&aay Size — 0.0 1.6 98.4 Sieve Name 5i..Size,mm Percent Finer Spec.Percent .Complies Coefficients D85=N/A' D30=N/A a4 C75 100 r .1O 2.00 100 D6o=N/A D15=N/A n20 OAS 100 D5o=N/A Dio=N/A x40 0.42 100 Cu =N/A C, =N/A x60 0.25 100 4,00 ons 99 Classification z200 0.075 96 ASTM N/A AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- rSand/Gravel Hardness : --- r t-,,,,zd Palmers(Cove Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 9 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: 5Systems, Inc. 2813 Project: 28153 GeoTesting Boring ID: --- Sample Type: jar Tested By: jbrLocation: --- Project No: GTX-305339 E X VR E S S! Sample ID: PC-9 28151-009 Test Date: 09/26/16 Checked By: emm , Depth : --- Test Id: 391327 _ Test Comment: --- Visual Description: Moist, black silt with sand Sample Comment: --- Particle Size Analysis - ASTM D422 OO � O O O O O O M V N O t0 N 100 1k ik ik it 1k 1t 1k .. , I • q 1 1 I :i 1 1 I 1 1 Ca . . . . .. . . . . . . . .. . . . . . . .. . .. 1. . . ..1. . . . ;. . . ;. . .1 . . .1. . . .I. . . . . .. . .. . . .. . . ... . .. C V c50 . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. ` 1 *} 1 1 1 1 I I 1 1 I �� � ��1 1 1 I .1 1 1 1 I 1 1 201.. .. . . . . .. . . .1.. . . .1.. . . . .1. . . 1. . .1 .1.. . . . . . . .. . . � . . . . . . . . . . . . 101 . . . ... . . . .. . . . . . . . . . . . . . . . . . . :�. . . . .�. . . . . .�. . �. . . . �. ...i . . .�. . ,. .�. . . . . . . . . . . . . . . . . . .. 0 1000 100 10 1 0.1 0.01 0.001 Grain Size(rrm) %Cobble %a Gravel %Sand %Sill&Clay Size — 0.5 28.8 70.7 Sieve Name Si.,re Si..,m Percent finer Spee.percent Comphea Coefficients 0. D85=0.1142 mm D30=N/A 0375 In 950 loo x4 4.75 D6o=N/A Dts=N/A loo x10 2.00 99 D50=N/A Dio=N/A x20 0.85 9e Cu =N/A C,, =N/A x40 0.42 90 x50 0.25 98 Classification x100 o.1s 94 ASTM N/A x200 0.075 71 AASHTO Silty Soils (A-4 (0)) ' Sample/Test Description Sand/Gravel Particle Shape : --- Sand/Gravel Hardness p.,,.ea Palmers Cove+Vacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 10 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. Client: 5Systems, Inc. 2813 Project: 28153 GeoTesting Boring --- Sample Type: jar Tested By: jbrLocation: --- Project No: GTX-305339 E X P 0 E S S Sample ID: PC-10 28151-010 Test Date: 09/26/16 Checked By: emm Depth : Test Id: 391328 Test Comment: --- Visual Description: Moist, black silt Sample Comment: Particle Size Analysis - ASTM D422 O O O O O O 100 1k 1k # k k 3k I I I I 1 1 � 1 1 901 . . . . . . . . . . . .. . . . . . . . . . . . . . . . . a. . . .I. . .�. . . . . . . .. . .. _ . . . . . . .. j . .. . . .. . .. . 1 I I 1 1 I 1 I 1 JI. 1 60-. . . . . . . . . .. . .. . . . . . . . LL c 501. 1 1 I . .I. . I . . . . . . . . d I 1 I I 1 2 a 1 1 I 1 1 307.. . .. 20�.. . . . . . . . . . . .. . ... . . . . . .. . . ' .. 1 � 1 1 1 . . . .. . .. . . . . .. . . . . . ... 1 I I I 1 1 0 1000 100 10 1 0.1 0.01 0.001 Grain Size(mm) %Cobble %Gravel %Sand %Sif&Gay Size 0.0 6.8 93.2. ' sieve name Sieve size,mm percent Finer spec.Percent '-Complies Coefficients 0's: •. .�.n'n " _ D85=N/A Dao=N/A #9 4,75 100 Daa=N/A D15=N/A #10 2.00 99 x20 0.85 99 D50=N/A Dto=N/A x40 0.42 98 Cu =N/A Cc =N/A 860 025 98 8100 0.15 97 Classification x200 0.015 93 ASTM N/A AASHTO Silty Soils (A-4 (0)) Sample/Test Description Sand/Gravel Particle Shape : --- ' Sand/Gravel Hardness : --- Palmer's Cove Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 11 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. ESI EnviroSystems, Inc. Voice: 603-926-3345 ESI Job No: 1 Lafayette Road FAX: 603-926-3521 Hampton, NH 03842 CHAIN OF CUSTODY DOCUMENTATION ent: EnviroS stems.Inc. Contact: Elizabeth Penta Project Name: 28153 3 3 ort to: Elizabeth Penta Address: P.O. Box 778 Project Number: Task: 0001 � c) 0 o I voice to: Patti Koester Address: Hampton, NH 03843 Project Manager: Elizabeth Penta N ice:ice: 603-926-3345 Fax: 60-926-3521 email: -epenta@envirosystems.com n ERR L®r�b Number Your Field ID: Date Time Sampled Grab Container Field Matrix Filter Analyses Requested\ N(ppaianed (meal agree witn Sampled Sampled By or com- No Size Type Preser- s=sora N=Natneeded Special Instructions: - �tab) container) poslte (mL) (P/Gfr) vaflon W=Water F=Done in fie\ a (GIC) L=Lab to do 'n m m cSloSJlb .b$3 PC-1 28153-007 1 9oz G 4C Solid N Grain Size c tb46 3 o PC-2 28153-002 1 9oz G 4C Solid N Grain Size m � m PC-3 28153-003 It Z b 1 9oz G 4C Solid N Grain Size m N PC-4 28153-004 i131 1 9oz G 4C Solid N Grain Size Cr 2L D PC-5 28153-005 tZbO 1 9oz G 4C Solid N Grain Size C y N PC-6 28153-006 t z t b 1 1 9oz G 4C Solid N Grain Size m PC-7 28153-007 tZ'3G 1 9oz G 4C Solid N Grain Size PC-8 28153-008 t295 1 9oz G I 4C Solid N Grain Size PC-9 28153-009 t3t8 1 9oz G 4C Solid N Grain Size 0) PC-10 28153-010 t321 1 9oz G 4C Solid N Grain Size N N lU N D lin uished By: Receive Date: Time' v Felin uished By: Date: Time: Received at Lab By: Date: Time roComments: 0 ERR A COC Number: A1006787 - Sample Delivery Group No: September 2016 Pae of ESI SAMPLE RECEIPT AND CONDITION DOCUMENTATION Page 1 of 1 STUDY NO: 28153 SDG No: Project: Palmer Cove Yacht Club Delivered via: ESI Date and Time Received: 09/13/16 1025 Date and Tlme Logged into Lab: 091131 Received By: RS Logged into Lab by: JTPW? Air bill/Way bill: No Air bill included in folder if received? N/A Cooler on ice/packs Yes Custody Seals present? N/A Cooler Blank Temp(C)at arrival:6C Custody Seals intact? N/A Number of COC Pages: 1 COC Serial Number(s): N/A COC Complete: Yes Does the info on the COC match the samples? Yes Sampled Date: Yes Were samples received within holding time? Yes Field ID complete: Yes Were all samples properly labeled? Yes Sampled Time: Yes Were proper sample containers used? Yes Analysis request: Yes Were samples received intact?(none broken or leaking) Yes COC Signed and dated: Yes Were sample volumes sufficient for requested analysis? Yes Were all samples received? Yes Were VOC vials free of headspace? N/A Client notification/authorization: Not required pH Test strip ID number: NIA _ Bottle Req'd Verified Field ID Lab ID Mx Analysis Requested Pres'n Pres'n PC-1 28153-001 S Subsample:Grain Size ixlgal P 4C Yes ' PC-2 28153-002 S Subsample:Grain Size lxtgal P 4C Yes PC-3 28153-003 S Subsample:Grain Size ixlgal P 4C Yes PC-4 28153-004 S Subsample:Grain Size ixlgal P 4C Yes PC-5 28153-005 S Subsample:Grain Size ixlgal P 4C Yes PC-6 28153-006 S Subsample:Grain Size ixlgal P 4C Yes PC-7 28153-007 S Subsample:Grain Size 1x1gai P 4C Yes PC-8 28153-008 S Subsample:Grain Size 1x1gai P 4C Yes PC-9 28153-009 S Subsample:Grain Size txlgal P 4C Yes PC-10 28153-010 S Subsample:Grain Size txlgal P 4C Yes Notes and qualifications: ' EnviroSystems,Inc. One Lafayette Road P.O.Boz 778 Hampton,NH 03842-0778 (603)926-3345 fax(603)926-3521 N anvirosystems.com Palmer's Cove Yacht Club Sediment Evaluation.Grain Size Analysis. Grain Size Data Appendix Page 13 of 14 U.S.Army Corps of Engineers Application Number .ESI Study 28153. r ;� � �. .r' r ar a■� �' r '� r ■� � tri a■r � � 'r EEnviroSystems,Inc. Voice:603-926-3345 ESI Job No: v` I Lafayette Road FAX: 603-926-3521 PO.Box 778 Hampton,N.H.03843 CHAIN OF CUSTODY DOCUMENTATION 2-3 SS MGA ou P,a a of ° Client CUt 'CAI. FI E�-D SC c )LGl Contact: Pro'ect Name: v LL d Re ortto: LVk-e FR(bQ2S Address: Project Number. m Invoice to: Sp Address: L Elf-& M44 O tot 3-rJ Pro ect Manager: 59?- 13 6 It .c�m r, 6F1 �°+ Voice: Fax: email: ® P.O.No: puote No: ne Protocol: RCRA SDWA NPDES USCOE Other - Lab Number Your Field ID: Date Time Sampled Grab Container Container Field Matrix Filter Analyses Requested[ (assigned (mustegree wllh Sampled Sampled By or com- Size Type Preser- s=sdw N=Not neededp S ecial Instructions: c by laD) conlainor) posit (ml.) (PW=Water F=bone infield (oC) vatlon L=Leblode 001 C ' ( 99 to I�ZS LO P oy o -003 C' 3 11L0 o09 PC -00 PC�� iz coo C W -00tv C— (o I t2►8 "1 o E 008 C - ZsS = ? - 00l C 13l C 010 C� I 132 E U 'rn Lw m > a > `o U r in E E Relinquished By:- Date: - Time: Received B : e: J d a / Relin uishe Date: h Time: ! Received at tab By: Time: Comment . Sample Delivery Group No: Page of ATTACHMENT E 1 1 1 1 1 1 ' ATTACHMENT E 1 1 1 1 f �,pcoNorr\ ^. SP x CITY OF SALEM CONSERVATION COMMISSION January 28, 2016 Robert Strasnick Palmer's Cove Yacht Club ' 78 Leavitt Street Salem, MA 01970 Re: Order of Conditions—DEP 464-609— Palmer's Cove Yacht Club ' Dear Mr. Strasnick: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and attachments must be recorded at the South Essex County Registry of Deeds(Shetland Park 45 Congress Street, Suite 4100 Salem, MA). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must he recorded, 2. a sign shall be displayed showing DEP File 4 64-609 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. f Sincerely. r Tom Devine !� Conservation Agent s Enclosures CC: DEP Northeast Regional Office Luke Fabbri F- I, i f f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 MassDEP File# # WPA Form 5 — Order of Conditions ' I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# L Salem i City/Town A. General Information Please note: 1 Salem this forth has 1. From: been mooifeo Conservation Commission vvithadded z. This issuance is for space to a.®Order of Conditions b.F Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: d Requirements - —__` - ---`_------ t Robert_ Strasnick _ a.First Name b.Last Name Important: When filling Palmer's Cove Yacht Club out forms on a Organization the 78 Leavitt Street _ computer, — --- ---.._.-- — use only the d.Mailing Address tab key to Salem _ MA 01970 _ move your e.City/Town f.State g.Zip Code cursor-do not use the 4, Property Owner(if different from applicant): return key. ae a. First Name b.Last Name ' c.Organization —_ '� roan t d. Mailing Address - e, Cityf rown f.State g.Zip Code 5. Project Location: 78 Leavitt Street Salem a.Street Address b.City/Town q 34 449_ c.Assessors Map/Plat Number d Parcelll-ot Number Latitude and Longitude, if known: d m S d m s d,Latitude e.Longitude wpahims,doo- rev,6/16/2015 Page 1 of 12 1 fl. i Massachusetts Department of Environmental Protection Provided by Mass DEP: Bureau of Resource Protection - Wetlands 64-609 L Mass DEP File# WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# _Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex 99115 a.County b.Certificate Number(if registered land) Page 7. Dates: 11/24/20_15 1/14/2016 1/15/2016 _ . a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): _See attached a.Plan Title ---- -- — ----- b. Prepared By c.Signed and Stamped by t d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings t. 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(the Act). Check all that apply: ❑ Prevention of I a. E] Public Water Supply b. ® Land Containing Shellfish Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control { Z This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance !. standards set forth in the wetlands regulations. 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. wpalorm5 aoc• ray.Eli 68015 Page Z of 11 e 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions mo—ass_DE_PFile# t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If Salem____ t Citylrown B. Findings (cont.) ' Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. C, ❑ the information submitted by the applicant is not 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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a, linear feet ' Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration— Alteration— Replacement Replacement ❑ Bank a. a.linear feet b.linear feet c linearfeet d.linear feet s. ❑ Bordering ' Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under _ Waterbodies and a.square feet b.square feet c.square feet d.square feet ' Waterways e.cfy dredged f.rJy dredged } * ❑ Bordering Land _ _ - Subject to Flooding a.square feet b.square feet c.square feet d square feet r Cubic Feet Flood Storage e.cubic feet F( cubic feet g.cubic feet h.cubic feet i s. ❑ Isolated Land' _Subject to Flooding a square feet b.square feet — 5 Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet € t ' s. ❑ Riverfront Area a.- s total sqfeet b.total sq.feet , Sq ft within 100 ft c,square feet d.square feet e.square feet f.square feet t Sq it between 100- 200 ft g,square feet h.square feet i.square feet j.square feet u .,f( 5.doc• rev.61162015 Page30 12 1 I 1 Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection - Wetlands s4-sos MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ec-EP Transaction# Salem City/Town ' B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) ' Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. [I Designated Pot Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 288840 288840 I Ocean a.square feet b.square feet 25000 25000 c cly dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd 13. ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment cu yd cu yd I 14. ❑ Coastal Dunes a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.Imearfeet b. linear feet S 16. ❑ Rocky Intertidal ' Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b,square feet c.square feet d.square feet !1 18. ❑ Land Under Salt Ponds a.square feet b.square feet f c cly dredged d.dy dredged 1g. ❑ Land Containing _ Shellfish a.square feet b.square feel c.square feet d.square feet 20- ® Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and ' Waterways, above 25000 25000 a.cly dredged b.cly ddredged )' 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet t1 Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft --- c.square feet d.square feet e.square feet f-square feet Sq ft between 100- 200 ft g.square feet In.square feet i.square feet j.square feet wpa(arm5.doc• rev.6/t52015 Page 4 o112 0l b j' Massachusetts Department of Environmental Protection Provided by MassDEP. Bureau of Resource Protection -Wetlands 64-609_ MassDEP File WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem ' Citylrown B. Findings (cont.) ' ^#23.8the 23. E] Restoration/Enhancement`: project is for the purpose of restoring or enhancing a 9 a.square feet of BVW b.square feet of salt marsh ' wetland resource area 24. ❑ Stream Crossing(s): in addition to the square ' footage that a.number of new stream crossings b. number of replacement stream crossings I has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.S.c (BVW)or The following conditions are only applicable to Approved projects. B.1 7.c(Salt i Marsh)above, 1 Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional 9 y re ulator measures, shall be deemed cause to revoke or modify this Order. ' amount here 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. ' 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. ' 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. An Order of Conditions for a Test Project may be extended for one ' additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of ' Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 1/15/2019 unless extended in writing by the Department. 7. 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 f foregoing. r ' w arorm5 aoo• rev.6116 015y_ Paga 5 or 12 e Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-609 _ # , WPA Form 5 - Order of Conditions File MassDEP 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town ' C. General Conditions Under Massachusetts Wetlands Protection Act B. 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. 9. 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 the 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. 10. 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, "MassDEP"] r "File Number 64-609 ' 11. 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 MassDEP. i 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. K 14. Any change to the plans identified in Condition#13 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. 15. The Agent or members of the Conservation Commission and the Department of s' 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. 16. 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. k wPalorm5tloc• rev.6116/2015 v Page 6 of 12 t f t: , Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-609 _ WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transactio_n# Salem Cityrrown ------- C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) ' 17. 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. i 18. 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 I right to require additional erosion and/or damage prevention controls it may deem I necessary. Sedimentation barriers shall serve as the limit of work unless another limit of ' work line has been approved by this Order. 19. The work associated with this Order(the"Project') ' (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards,then the project is subject to the ' following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and ' erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required byStormwater Condition 8. Construction period k erosion, sedimentation and pollution control measures and best management practices ' (BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: ' i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered ' Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10: I t wpalorm5.6oc- rev.511 N2015 Ng7 of 12 { i;; Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection - Wetlands 64-609 WPA Form 5 - Order of Conditions MassDEP File# -- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTansaction# Salem City/Tawn ---� t C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans ' (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to ' withstand erosion. ti c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the , Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and , ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and ' implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any , drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed ' responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the ; legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the ' required operation and maintenance must be submitted along with the legally binding agreement r f) The responsible party shall operate and maintain all stormwater BMPs in accordance , with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. 1- wpalwm5 tloc• rev.61162015 Page a of 12 li Massachusetts Department of Environmental Protection Provided by ass ER Ll Bureau of Resource Protection -Wetlands s4-sos WPA Form 5 - Order of Conditions MassDEP File#Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# tSalem--- ----- Citylrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the ' stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location), 2. Make the maintenance log available to MassDEP and the Conservation ' Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed i of in accordance with all applicable federal, state, and local laws and regulations. ' i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written ' approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. i Special Conditions (if you need more space for additional conditions, please attach a text document): i t r 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the ' conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. ( l h ' m &.,m5 dx• rev.611612015 Page 9 of 12 q$q F i Massachusetts Department of Environmental Protection Provided by MassDEP: t Bureau of Resource Protection - Wetlands 64-609 , ,� WPA Form 5 - Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#- �—��—� Salem City/town ' D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No ' 2. The Salem i hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a , municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation 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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c.50_____ 1. Municipal Ordinance or Bylaw 2.Citation s. The Commission orders that all work shall be performed in accordance with the following 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. The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance. 3' 'r 1. I, r 4 wPalorm5 doc rev.6/162015 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands GY-Lai ' �.., WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-T-ransaction a- ' �M----- City/Town E. Signatures a8_� ' Important:When This Order is valid for three years, unless otherwise specified as a special filling out forms condition pursuant to General Conditions#4,from the date of issuance. �o on the computer, ce use only the tab Please indicate the number of members who will sign this form. _ _ key to move your This Order must be signed by a majority of the Conservation Commission. 2 NuJr of Signers ' cursor-do not use the return The Order must be mailed by certified mail(return receipt requested)or hand delivered to key. the applicant.A copy must be mailed, hand delivered or filed electronically at th ,,same time ' m with the appropriate MassDEP Regional Office. v, i Signature / I ❑ by hand delivery onl by certified mail, return receipt reque ted,,,,ggn I F. 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 MassDEP 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 Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) ' within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. ' Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the ' Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. u w'DaSsigs.0oc• rev.0212A2010 peB�l oriLT� S f 4 Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection -Wetlands 64-609 ILA -- WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town ' G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation ' Commission. To: Conservation Commission ' Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County -- Book i for: Property Owner and has been noted in the chain of title of the affected property in: � y Book Page ----- ,, In accordance with the Order of Conditions issued on: Date_-- If recorded land, the instrument number identifying this transaction is: --- — , Instrument Number 4 If registered land, the document number identifying this transaction is: Document Number Signature of Applicant t wpatwm5,doc• rev.6116/1015 Page 12 of 12 i y"Fy J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number I Request for Departmental Action Fee L _ Provided by DEP Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project I , a.Street Address -- - - b. CitylTown,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 City/Town State Zip Code ; not use the return key. Phone Number Fax Number(if applicable) ' m 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): r ,aun Name Mailing Address - - r City/Town State Zip-Code-- Phone ipCodePhone Number Fax Number(if applicable) ` 4. DEP File Number: ( ' B. Instructions t 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 k 9 wFalorm&Goc rev.a21rzot5 �'- Page 1 of 2 t f t 1 Massachusetts 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.) Send this form and check or money order, payable to the Commonwealth of Massachusetts;to: Department of Environmental p t Protection Box 4062 Boston, MA 02211 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. I 3 i i. s' j . q, iF i, wpaform5.tlac rev.422/2015 €, Page 2 012 ^k R Attachment to Order of Conditions # 64-609 ' Page 1 of 5 ' ATTACHMENT TO ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-609 Palmer's Cove Yacht Club 78 Leavitt Street ' City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (1/7/2016, online) from Natural heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contain any E vernal pools. This order permits maintenance dredging and retention of previously unpermitted structures per approved 11/24/2015 Notice of Intent, approved plans,and the following conditions. !_ i GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions) ; at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. ' 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50, 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site, a DEP Sign showing DEP File#64-609 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. r7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, e Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or g documentation that it deems necessary for that evaluation. i { L<F Attachment to Order of Conditions i# 64-609 , -` sf Page 2 of 5 ' 8. 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. 9. 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 Corps 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 in 314 CMR 9.00. (3) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. f H. 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. 12. The Commission or its Agent shalt have the discretion to modify the erosion/siltation control methods ' and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site r to mitigate any actual or potential impacts resulting from the work herein permitted. i 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Palmer Cove Yacht Club, Inc, 74 Leavitt Street, Salem, MA (figures 2-4) s (Title) _ 5, 11/23/15 (Dater!) j Robert H. Griffin (Signer!and Stamper!by) City of Salem Conservation Commission ' (On frle with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved ' plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice i shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. k I 1 Attachment to Order of Conditions # 64-609 Page 3 of 5 ' 16. 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 statement signed 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. 17. [Reserved]. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there 4 must he aPre-Construction Meeting on site between the project supervisor,the contractor responsible I for the work,and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be ' adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978) 619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. 19. 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 ' Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation, including trees, or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes. j EROSION CONTROL 22. Appropriate erosion control devices shall be in placeprior to the beginning of any phase of construction, ' and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent may require additional measures. 23. 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. t 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. - s ' 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as F to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through straw bale sediment traps, silt filter bags or other means approved by the Commission or its y Administrator. 27. Within thirty(30)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. 1 Attachment to Order of Conditions # 64-609 ' "{ f Page 4 of 5 28. If soils are to be disturbed for longer than two(2)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 surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). g 3]. All waste products,grubbed stumps, slash; construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. ' i, 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other , components shall be fixed immediately. P 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. ' 38. The applicant is herby 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 21 A, section 16. 4' I AFTER CONSTRUCTION I, i 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if , required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this s' Order of Conditions. (3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: f (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; t, t Attachment to Order of Conditions # 64-609 1 ,'F Page 5 of (b) Locations and elevations of all stonnwater management conveyances,structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; ' (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include, but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work" includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. ' 41. 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 first request a modification to the Order. Only upon ' review and approval by the Commission, may the applicant request in writing a Certificate of 3 Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. i ADDITIONAL CONDITIONS 43. The project shall be completed in accordance with all commitments made in 1/7/2016 letter`RE: Palmers Cove Dredge Project"from Luke Fabbri to the Salem Conservation Commission. 44. A turbidity curtain shall be utilized during all dredging activity. E I 1 i k 1 f P i 1 1 s f 1 I t 1 1 APPENDIX B , 1 x s Z W a a 1 1 PUBLIC OFFICIALS Mayor Kimberley Driscoll Salem City Hall 93 Washington Street Salem,MA 01970 ' STATE AGENCIES EOEEA Secretary Matthew A.Beaton Attn:MEPA Office 100 Cambridge Street, Suite 900 Boston,MA 02114 Department of Environmental Protection Commissioner's Office One Winter Street Boston,MA 02108 Department of Environmental Protection ' Northeast Regional office Attn:MEPA Coordinator 205B Lowell Street Wilmington,MA 01887 ' Department of Environmental Protection Waterways Regulatory Program One Winter Street Boston,MA 02108 Office of Coastal Zone Management I Atm: Project Review Coordinator 251 Causeway Street, Suite 800 Boston,MA 02114 ' Division of Marine Fisheries(North Shore) Attn:Environmental Reviewer -30 Emerson Avenue Gloucester,MA 01930 Executive Office of Transportation Attn: Environmental Reviewer 10 Park Plaza,Room 3510 Boston,MA 02116-3969 Massachusetts Highway Department Attn:MEPA Coordinator 519 Appleton Street Arlington,MA 02476 _ Massachusetts Historical Commission The MA Archives Building 220 Morrissey Boulevard Boston,MA 02125 Metropolitan Area Planning Council 60 Temple Place/6th floor Boston,MA 02111 1.. CITY OF SALEM City Council 93 Washington Street Salem,MA 01970 Planning Board 120 Washington Street,3rd Floor - Salem,MA 01970 ' Conservation Commission 120 Washington Street,3m Floor Salem,MA 01970 Board of Health 120 Washington Street,4m Floor Salem,MA 01970 ' t r ly t Commonwealth ofMassachusetts Division of Marine Fisheries 30 Emerson Ave. Gloucester, MA 01930 If David E. Pierce (617)727-3336 Director fax (617)727-3337 Charles D. Baker Governor Karyn E.Polito Lieutenant Governor December 9, 2015 Matthew A.Beaton - - secretary Salem Conservation Commission George N.Peterson,Jr. Commissioner Salem City Hall Mary-Lee King Attn: Tom Devine tdevinegsalem.com Deputy Commissioner 93 Washington Street Salem, MA 01970 Dear Commissioners: The Division of Marine Fisheries(MarineFisheries)has reviewed the Notice of Intent submitted by Palmers Cove Yacht Club Inc for the dredging,reconfiguration and approval of unpermitted structures at 78 Leavitt Street in Salem. Dredging will remove 25,000 cubic yards of intertidal and subtidal material to-8ft MLW and dispose of it at an aquatic disposal site, if approved.The dredge impact area is approximately 288,840sf including 203,115sf in the marina basin and 85,725sf in the access channel that extends to the east of the basin. The proposed dredge footprint combines the footprints of several previous dredge approvals, including those from 1946, 1954 and 1980. Additional work proposed on site includes reconfiguration of the marina zone to include an existing seasonal breakwater. The breakwater(roughly 120' long) and"Witch Way"(roughly 300' long)are requested for approval to retain unpermitted structures, as are several unpermitted floats that currently exist onsite. Salem Harbor provides essential forage habitat for a variety of fish and invertebrate species including but not limited to alewife(Alosa pseudoharengus), blueback herring(Alosa aestivalis),rainbow smelt (Osmerus mordax),American eel (Anguilla rostrata),white perch(Moron americana),Atlantic tomcod (Microgadus tomcod),Atlantic cod(Gadus morhua)and American lobster(Homarus americanus). It is also habitat for the forage, spawning, and early development of winter flounder(Pseudopleuronectes americanus). The project site contains both intertidal and subtidal habitats which are likely utilized by the above listed species for various life stages and behaviors, including spawning, egg and juvenile development, foraging activity and migratory transit. Furthermore, a shellfish suitability polygon,the State's formal shellfish habitat designation, is present within and adjacent to the project site. Soft shell clams(Mya arenaria), blue mussels(Mytilus edulis)and quahog(Mercenaria mercenaria)may exist in the intertidal area within and/or adjacent to the work area. Since the shellfish suitability polygons have a coarse resolution,delineated areas should be used only as a guide to the approximate location of shellfish habitat. The site is in Classification Area N 18.1 and is prohibited from the harvest of shellfish. Even though harvest is not permitted in this location,the resource should be protected to avoid losing the multitude of ecosystem-wide functions and benefits that shellfish serve. Eelgrass(Zostera marina) is mapped by DEP immediately adjacent to the project site. It is unclear if eelgrass is mapped within the project footprint since the plans do not include DEP's eelgrass boundaries. A large, expansive meadow was mapped in the area in 1995, and was reduced to smaller pocket meadows in 2006 and 2012 along the eastern portion of the channel. According to DEP, Salem Harbor lost 70%of its eelgrass in the period between 1996 and 2006'.The drastic decline in eelgrass coverage is thought to be a result of increasingly poor water quality and highly organic sediments. The relatively small patches of eelgrass remaining in Salem Harbor have persisted but are likely stressed. Any additional stress and increased turbidity could be too much for the grass to withstand. Dredge work may not only increase turbidity and potentially bury eelgrass,but may also stir up organic, fine grain sediment that can result in increased suspended nutrients and declines in dissolved oxygen. This may stress eelgrass even outside of the dredge footprint. The patches near the project area may be some of the last remaining patches of eelgrass in Salem Harbor,the loss of which could cause substantial changes to the harbor's ecology. Given the importance of eelgrass as fisheries habitat and its regulatory status as a Special Aquatic Site(Clean Water Act 404 (b)(1)), all efforts should be made to avoid and minimize impacts. Based on recent Google and USGS aerial photography, dark patches can be seen throughout the area, extending beyond the 2012 DEP eelgrass layer. Since DEP's eelgrass layer is of course resolution and only intended for use as a guide, eelgrass presence or absence cannot be accurately determined without a survey. Our recommendations are as follows: Dred eg Footprint and Design • The proposed footprint includes dredging of intertidal areas that were approved under some, but not all, previous approvals(i.e. west of the lift approved only in 1946,east of the lift only 1954, southwest corner only 1980). The dredging of these intertidal areas does not appear to be critical to the current function of the marina,especially considering the western limit of the reconfiguration zone is proposed to be pushed seaward, which would reduce the intertidal areas that fall within the zone. We request a narrative describing the need for dredging in the intertidal, square footage of intertidal impacts,and alternatives considered that would avoid these areas. • We request that Low Low Water be shown on the plan. • The side slopes shown in the sections of Figure 4 will be very steep after a-8ft MLW dredge. We request the applicant address the stability of side slopes throughout the dredge area. • We recommend the use of an environmental bucket. • Proper siltation control is critical. If bottom-weighted silt curtains or other barriers appear to be ineffective in the containment of turbidity,work should cease and additional measures should be taken. Unnermitted Structures • The currently unpermitted structures result in 822sf of impact area, not including the 4,056sf of Section I OA structures under review(Breakwater and Witch Way docks).The primary impact of these structures is shading. Some portions of structures appear to be in shallow water, where grounding may also be a concern. • The unpermitted"Dingy Rack"dock array sits adjacent to the MLW line. The applicant should provide additional information about this structure, including depth dimensions and the height off the seafloor. If this structure grounds at any tide,or allows vessels to ground or prop dredge while tied up or in transit,this structure should be relocated to deeper water. • The applicant should address the same issues above for the "Main Street"end float near the lift, which also sits along MLW, and the breakwater which sits in approximately 2.8' based on the plan. Structures should not be allowed to ground at any tide, and we generally recommend at least 18" between the bottom-most part of a structure and the seafloor at the lowest tide. • The applicant should clarify if the Witch Way docks and Breakwater are proposed to become permanent structures as opposed to their current seasonal nature. If permanency is proposed,we recommend the use of lower-impact options for anchors, such as piles with float stops(if risk of grounding)or flexible rode moorings as opposed to traditional chains. Finfish and Shellfish • A shellfish survey should be performed in all areas above LLW within the work footprint to quantify potential impacts. • We recommend a time of year restriction for in-water, silt-producing work from February 15 to June 30 to protect spawning winter flounder and eggs. • We recommend a time of year restriction for in-water,silt-producing work from May 1 to September 30 to protect spawning and settling shellfish resources from siltation. • Loss of intertidal or subtidal habitats or fisheries resources may require mitigation by permitting agencies. Eelgrass • An eelgrass survey is needed throughout the project site and within at least 100 feet of the project footprint, including but not limited to the pockets of grass mapped by DEP at the mouth of the channel. • In-water, silt-producing work should not take place within 100 feet of any eelerass. • Depending on survey results and proximity of eelgrass,a monitoring plan may be necessary. Thank you for considering our comments. Feel free to contact me with any questions about this review at 978-282-0308 x108 or iillian.carrgstate.ma.us. Sincerely, Jillian Carr Fisheries Habitat Specialist and Technical Reviewer Cc: Luke Fabbri,GFS Inc. lafabbri.efsAhotmail.com Alison Verkade,NMFS Tay Evans, Kathryn Ford, Dave Roach, Devon Winkler DMF References I Costello CT,Kenworthy WJ(2010)Twelve year mapping and change analysis of eelgrass(Zostera marina) distribution in Massachusetts(USA)identifies state wide decline.Estuaries and Coasts.