64-514 - LORING AVENUE - CONSERVATION COMMISSION ti0V-1 �5s �vr ck-si`1
I
�,�ct�sorr,�iJ
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' CITY OF SALEM
CONSERVATION COMMISSION
March 28, 2011
Andrea Norton
IvlassDOT
519 Appleton Street
Arlington, MA 02476
Re: Order of Conditions—DEP #64-514—Loring Avenue at Forest River
Dear Ms. Norton:
Enclosed, please find the amended Order of Conditions for the above referenced project.
Following the 10-business-day appeal period (as of April 11, 2011), this document and
the attached Special Conditions must be recorded at the Essex County Registry of Deeds
(Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). 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. contact me at least 48 hours prior to any activity to schedule a pre-construction
meeting to review the Order with your contractor.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
f
Tom Devine
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
4
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
A. General Information Ciry/rown
Please nob: Salem
this form has 1. From:
been modified Conservation Commission
with added 2. This issuance is for
accommodate (check one):
space to a. ®Order of Conditions b. Amended Order of Conditions
the Registry
of Deeds 3. To: Applicant:
Requirements ,
Patricia Leavenworth
Important: a.First Name
Po - b. Last Name
When filling MA Dept. of Transportation -
out forts c Organu:ahon -
on the 519 Appleton St.
computer,
use only the . tl Mailing Address
tab key to Arlington
move your e.Cdyn-own MA02476
cursor-do f.State g Zip Code
return the
4.Property Owner(if different from applicant):
Commonwealth of Massachusetts
a.First Name
b.Last Name
MA Det. of Transportation - Highwat Division
c Organ¢abon
10 Park Plaza
d. Mailing Address
Boston
e. Cdy/Town MA 02116
f.State
g.Zip Code
5. Project Location:
Rt. 1A NB (Lorin Ave )at Forest River Salem
a.Street Address b.Cdyfrown
30 0082
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude'and Longitude, if known: 42d19m30s 70d53m4Os
d. Latitude e. Longitude
"arorm5.doc• rev.05/792010
Peg$1 or 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
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 (cont.)
s. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Essex
a. County b.Certificate Number(re registered land)
6472 589
c. Book d. Page
7. Dates: 11/12/2010 3/24/2011 3/29/2011
a. Date Notice of Intent Filed b. Date Public Hearing Closedc. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
ROUTE 1A(LORING AVE) OVER FOREST RIVER SALEM
a Plan Trtle
MassDOT None
b. Prepared By c.Signed and Stamped by
None-Submitted 3/21/2011 111=4.
d. Final Revision Date e.Scale
HEADWALL FOR 12" RCP, CSI #BSHW-12 None
f.Additional Plan or Document Title g. Date
B. Findings
f. 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 o' ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries r ® 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.
wpaform5,doo• rev.05/1912010
Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MaSsDEP:
Bureau of Resource Protection - Wetlands 64-514
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 - b. _
a.linear feet linear feet c.linear feet. d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
s. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.Gy dredged fdy dredged
`7. ❑ Bordering Land
Subject t0 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 In.cubic feet
8. El 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
s. ® Riverfront Area 18 18
triol b.total sq.feet
Sq ft within 100 ft 18 18
roor d.square feet o ,roar f.square feet
Sq ft between 100- 0 0 'r
200 ft _
.. „�o foot h.square feet square feet
wpaform5.doc• rev.05/19/2010
Page 3 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
\h\ WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP 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. El Designated Port
Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
Ocean asquare feet b.square feet
c.rJy dredged d.Gy dredged -
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d. nourishment
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
n. ❑ Salt Marshes
a.square feet b.square feet csquare feet d.square feet
1e. ❑ Land Under Salt
Ponds - a.square feet b.square feet
c.dy dredged d.Gy-dredged
1s. El 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
a.Gy dredged b.Gy dredged
2t. El Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wraform5 Aoc• rev.05/19/2010
Page 4 of 12
' h
Project Status Sheet
Address: �� '� �",p p� �� Ctrl" DEP #: ZI
Application Type: NOS
Contact Name:A4-�k /U��° `_Wt^1` I Phone: PP(
Date Submitted:
-/,Application Complete
,Abutters List Requested' ° S-Rgu4ved ---
!�qLegal Notice Sent �!Megal Notice Confirmed
Z Added to Agenda Agenda to Applicant
?Agent Comments to Commission
*DEP Comments
Hearing Opened: ` /vas Continued/to Site Visit:
7bNotice Confirmed
Order of Conditions Sent to Applicant and DEP
I Confirmation of Delivery
Applicant Recorded OoC with Registry
Preconstruction Meeting:
1:1 Certificate of Compliance Sent to Applicant and DEP
❑ Confirmation of Delivery
❑ Applicant Recorded CoC with Registry
Notes:
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-514
WPA Fora 5 - Order of Conditions Mass6EPFfe— ---
Massachusetts Wetlands Protection Act M.G.L. C. 131: §40 --- -- -
' eDEP Transaction#
Salem
Cityrrown
A. General Information
Praises nate: Salem
thisform has 1--. From, ,__ ,,......_ ..._.„......... .. ...... ........:... ------- .._...___,:.,.. -----
been modified Conservation Commission
. vMh added 2.This Issuance is for
space to a.®Order of Conditions It, [I Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3, To' Applicant:
RequirenPa+ts
Patricia Leavenworth
__.. „_.- --- _.__._
important a First Name b.last Name
When filling _MA Deptr_of Transportation
-----------___.__,_ ,._w_
out forms c.Organization - -
on the 519 Appleton
computer, APP. . T__ -__..,... ...-. -� . ... . ,
uss'anry the
tl Mailing Address _..._..._.............:..... .._. .__._._,.,...._
tab key to Arlington- MA 02476^
_. .a.. .._.
move your o.Citytrown L State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from appicant):
return.key.
Commonwealth of Massachusetts
q,QI— - a First Name b.Last Name. ..
4 MA Dept of Transportation Highwat Division
a” 10 Park Plaza
d.Marling Address ........
BostonMA 02116
- e CdYrrawn -.. -._-.... f. State g,Zip Code . ........
5. Project Location:
Rt 1A NB,{Loring Ave j at River Salem
_. W _City
,a
.Street Address b.Cltylrown
30 0082 __..,: : _
c Assessors MaplPVatNumtler d.ParaeULat Number
Latitude and Longitude, if known: 42d19m30s 70d53m40s
d.Latitude e.Longitude
. ..,... ) . -3tqTn
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Massachusetts Department of Environmental Protection Provided by MassDEP
LEI
Bureau
of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions Massa PRe# __
Massachusetts Wetlands Protection Act M.G.L. a 131, §40 eDEP Tran-- --
tion
Satern
CityrTown
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 C4rtificate of Title of
the owner of the land sublect to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
Salem
Conservatinn C rn:niss;on
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
- -----------—_....... ------------ ------- --------- -----
To:
Salem
Conservation Commis:.ion
Please be advised that the Order of Conditions for the Project at:
f?GUYf-, t IJa (lol PVC41.10
Pro'ectl.oeadcnMassDeP Filambe
�Rsr R 5 _,. e'J
Has been recorded at the Registry of Deeds of:
ass x svariaf2�i DSs� Tar 3o3 �f 8 S3-° -
County Book - Page
for: 11445s DoY CD PAR(T4F st aF TRgt�S-I'o-R� 9a5 rc1 /
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:
00//Pol(
Date .. ............._..__._.______.
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Do u^irent R,;mber "'
igAature of taKGUC£an� �1Rtl(IS
cou0sa'L :LL-
vry':atmm9.ecc• Ie 05n.9:2ci11 Page 12 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
�
B. Findings (cont.) Citylrown
•#22.If the
project is for 22. ❑ Restoration/Enhancement':
the purpose of
restoring or
enhancing a a.square feet of BVW b.square feet of salt marsh
wetland
resource area 23. ❑ Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossings
has been
entered in C. General Conditions Under Massachusetts Wetlands Protection Act
Section 8.5.c
(Bvw)(or
S
B.17.c(Salt The following conditions are only applicable to Approved projects.
Marsh)please '
enter 1. Failure to comply with all conditions stated herein, and with all related statutes and other
the additional regulatory 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.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. 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 3/29/2014 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.
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.
wpafarm5.doc• rev.05/192010
Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
Citylrown -
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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 64-514 "
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.
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.
vvpalorm5.dcc• rev.05/1912010
Page 6 cl 12
r
Massachusetts Department of Environmental Protection Provided by MassDEP:
` Bureau of Resource Protection - Wetlands 64-514
I
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.)
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.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project') is (V❑ is not(2)® 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;
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.
wpatorm5.doc rev.05/1912010
Page 7 o1 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Ll
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 —
eDEP Transaction#
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
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.
wpaform5.doc• rev.05/1912010
Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Ll
Bureau of Resource Protection - Wetlands s4-514
WPA Form 5 — Order of Conditions MassDEPFile#
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
approvalof 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):
See attached
a
wpalorm5.tloc rev.05/19120 10
Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
i
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction# -
Salem
Citylrown
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:
Salem Wetlands 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):
See attached
wpaform5.doc• rev.05/192010
Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 - Order of Conditions MassDEPFIIe#
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
condition pursuant to General Conditions#4,from the date of issuance. t. Date of Issuance
Please indicate the number of members who will sign this form. ,S
This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers
The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatu s:
❑ by hand delivery on by certified mail, return receipt
requested, n
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 Officeto 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 of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days f
the date of issuance of this Order. A copy of the request shall at the same time be sen
rom
t s f
certified mail or hand delivery to the Conservation Commission and to the applicant, if t b 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.
wpaform5.doc• rev.05/19/2010
Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-514
WPA Form 5 — Order of Conditions MassDEP-File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
-
G. Recording information City/Town
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.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
9
Project Location MassDEP Fle 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 o AApplicant
wpaform5.d.o• rev.0511912010
Page 12 of 12
+t3 Attachment to Order of Conditions # 64-514
Page lof 6
SALEM CONSERVATION COMMISSION
DEP FILE #64-514
Rt. IA Northbound (Loring Ave.) at Forest River
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Venal Pools Map (October 1, 2008) 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 contains any
venial pools.
This Order is issued under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131,
Of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. Section 40 and the City
This Order permits the repair of the damaged stormwater drainage system at above-referenced site as specified in
the plans listed below. The original proposal included construction of a rip rap splash pad adjacent to the top of
coastal bank. In response to DEP comments advising of performance standards outlined in CMR 10.30(3)-(8) and
10.32(3), the plan was revised to reduce the size of the splash pad and move it away from the top of bank. In
response to DEP inquiry concerning the presence of sediment in the river caused by the damaged pipe, the
Conservation Agent confirmed that no eroded sediment is visible in the river near the work area.
Due to the sensitivity of the location of work, the District Environmental Analyst shall be present during
construction. Adequate erosion and sediment controls shall be placed between the work area and the top of coastal
bank. In addition to protecting the resource area from erosion and sediment, these controls shall serve as a limit of
work. Furthermore, when exposed to sediment from approved work, the system's catch basin shall be protected with
adequate erosion and sediment controls.
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#64-514 must be installed at the
entrance to the site and seen from the public way, but not placed on a living tree.
G
Attachment to Order of Conditions# 64-514
Page 2of 6
p
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.
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) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) 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.
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 shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
3
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:
Attachment to Order of Conditions # 64-514
�V Page Sof 6
Final Approved Plans
MAINTENANCE & REPAIR OF OUTFALL, ROUTE I (LORING AVE)OVER FOREST
RIVER, SALEM
(Title)
_No date; presented at 3/24/2011 Conservation Commission Hearing
(Dared)
MassDOT
(.Signed and Stamped hy)
City of Salem Conservation Commission
(On file with)
HEADWALL FOR 12"RCP, CSI 4BSHW-12
(Title)
No date; presented at 3/24/2011 Conservation Commission Heating
(Dated)
Concrete Systems Inc
(J+gned and Stamped by)
City of Salem Conservation Commission
(On f+le wuh)
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 sametime 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.
PRIOR TO CONSTRUCTION
17. % 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
R. � t
Attachment to Order of Conditions # 64-514
'
Page 4of 6
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.
18. 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.
19. 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.
20. There shall be an adequate amount of additional erosion and sediment controls stored under cover on the
site to be used for emergency erosion control purposes.
EROSION CONTROL
21 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 plants)and provisions in the Order will be the minimum
standards for this project; the Commission or its Agent may require additional measures.
22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. 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 hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
26. 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.
27. If soils are to be disturbed for longer that 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 gro ,
wth
exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored t
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
28. 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.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
f= Attachment to Order of Conditions # 64-514
Page Sof 6
.30. 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.
31. 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.
32• All exposed sub-soils shall abilization.covered by
prior to seeding and final staba minimum of three(3)inches of quality screened loam topsoil
33. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale
barriers and/or silt bags to filter silt from stortnwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines cylinders or any other
components shall be fixed immediately.
36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
37. 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 admin trative
Penalties under M.G.L Chapter 21 A,section 16.
AFTER CONSTRUCTION
38. 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 Professi
Order of Conditions. onal Engineer certifying compliance of the property with this
(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
utility lines, fences, retaining walls,and roads/driveways;
wells,
(d) A line delineating the limit of work-"work"includes any filling, excavating and/or
disturbance of soils or vegetation approved under this Order;
39. 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.
k,
Attachment to Order of Conditions # 64-514
Page hof 6
40. 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.
41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and
their the Conservation Commission and/or its Agent has authorized
'
ADDITIONAL CONDITIONS
42. Due to the sensitivity of the location of work, the District Environmental Analyst shall be
present during construction to ensure that work is undertaken in accordance with this Order.
43. Adequate erosion and sediment controls shall be placed between the work area and the top of
coastal bank. In addition to protecting the resource area from erosion and sediment, these
controls shall serve as a limit of work. Furthermore, when exposed to sediment from approved
work, the system's catch basin shall be protected with adequate erosion and sediment controls.
MA DEP http://public.dep.state.ma.Lis/wetland/wetiand.aspx
Public Access to Wetiand Notices of Intent
Search Criteria:Instructions
'- eD,EP File Notices and
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Massachusetts Department,of Environmental Protection 15rovided by MassDEP:' `
Bureau of Resource Protection - Wetlands
MassDEP#File Number;.,
WPA Form 3 '- Notice of Intent " * "
Document Transaction Number.
Massachusetts Wetlands Protection Act M.P.L. c. 131, §40 Salem
cityrrom
C. Other Applicable Standards and Requirements (cont'd)
3.❑ Separate MESA review completed.
Include copy of NHESP"no.Take" determination'-or valid Conservation&:Management
Permit with approved plan:
2. 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 or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
- -
Island,and 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
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.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users a. EI Yes ® No If yes, provide name of ACEC (see,instructions to W PA Form 3 or MassDEP .
Include your Website for ACEC locations). Note: electronic filers click on Website.
document -
transaction b.ACEC -
number -
(provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page)with all - - -
supplementary a. ❑ Yes -® No
information you '
submit to the 5. 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 :E No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
r
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 includedin the Stormwater Management System.
b.® No. Check why the project is exempt:
1. ❑ Single-family house
..wpaform3.doc•rev. 11/16/09 - - - Page 6 of 8 -
Massachusetts Department of Environmental Protection Prro ed by f ass
Bureau of Resource Protection -Wetlands MasaOEP Pile Number:
-WPA Form 3 - Notice of intent " 4
Document TransactionNumber
Massachusetts Wetlands Protection Act M.G:L: c. 131, §40 Salem
Oity(Town . . ....
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Resource Area Size of Proposed Alteration Proposed Replacement(if anv)
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
Forest River
f: ® Riverfront Area - 1.Name of Waterway(if available)
2.Width of Riverfront Area (check one):
® 25 ft. - Designated Densely Developed Areas only
� f
❑ 100 ft. - New agricultural projects only
❑ 200 ft.- All other.projects
3 Total area of Riverfront Area on the site of the proposed project: - 7225
_ . . square feet
4. Proposed alteration of the Riverfront Area:
18' 18' 0
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
6.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)
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
number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
_
(provided on
your receipt b. ❑ Land Under the Ocean 1
page)with all .square feel
supplementary --
information you - - .. 2.cubic yards dredged
submit to the - -
Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/orCoastal Dunes below
-- d ❑ C,08StaI Beaches _ 1,square feet 2.cubic yards beach nourishment
e. ❑ Coastal Dl1neS 1.square feet. - 2.cubic yards dune nourishment -
wpaform3.doc•rev. 1.1/16/09 .. Page 3 of.8....
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OUTFALL mAINTENANC E 3 1 11012011
Page I of 1
Norton, Andrea (DOT)
From: prvs=1056d43452=tdevine@salem.com on behalf of Tom Devine[tdevine@Salem.com]
Sent: Wednesday, March 16, 20118:41 AM
To: Norton, Andrea (DOT)
Subject: David Knowlton and DEP Comments
Andrea,
I showed City Engineer David Knowlton the updated plan for the drainage repair. He believes it is fine structurally, which puts to
,rest the Commission's concern. He does, however, believe this should only be a temporary solution until the whole culvert is
addressed. But I don't think the Commission can actually require you to address the culvert as a condition of the approval of this
drainage line repair.
I also spoke with Pam Merrill, Northeast Circuit Rider for DEP for an explanation of her comments. She believes MassDOT should
provide'more details on how it determined the top of bank, mean high water, and the edge of the salt marsh. In order to address
the performance standards cited in the comments, the riprap should be replaced with a vegetated slope, and the outfall could be
pulled back, if possible, toward the catch basin. In order to demonstrate that this project qualifies as a limited project and has
flexibility in meeting the performance standards, MassDOT will have to demonstrate that the catch basin and drain line were there
before November 1987. Otherwise, see CMR 10.24(7)(3)for more on limited projects.
These comments would have come much sooner in the process had it not been for the bizarre hold up with the fee. Because this
work is in, or at least right up to, a resource area, these'issues will have to be addressed with the Commission in order to avoid
appeal by DEP.
Best,
Tom
Tom Devine, Conservation Agent/Staff Planner
City of Salem Department of Planning &Community Development
120 Washington St., 3rd Floor 1 Salem, MA 01970
(V)978-619-56851 (F)978-740-0404
tdevine@salem.com I salem.com
3/16/2011
Norton, Andrea (DOT)
From: prvs=1984bc696c=tdevine@salem.c6m on behalf of Tom Devine [tdevine@Salem.com]
Sent: Monday, January 03, 2011 9:45 AM
To: Norton, Andrea (DOT)
Cc: Suszynski, Frank(DOT); Fallon, Brian (DOT); Loosian, Brett (DOT)
Subject: RE: Salem, Drainage Line Repair Project located at Rte 1 A NB (Loring Ave) at the Forest
River
Hi Andrea,
City Engineer David Knowlton .told me that he is satisfied with what is
proposed. The Commission may .want to consult with him further once you
submit .more materials, especially if the proposal changes., And I expect
the Commission to accept your request to continue when they meet this
Thursday. They are happy to give you the time you need to address their
concerns.
Best,
Tom
Tom Devine
Conservation Agent/Staff Planner ,
City of Salem
Department of Planning & Community Development
120 Washington St. , ,3rd Floor
Salem, MA 01970
978-619-5685 -
(F) 978-740-0404 '
tdevine®salem.com -
www.salem.com
-----Original Message-7---
From: Norton, Andrea (DOT) (mailto:Andrea.NOrton@state.ma.usI
Sent: Monday., January 03, 2011 '9:30 AM
To: Tom Devine
Cc: Suszynski, Frank (DOT) ; Fallon, Brian (DOT) ; Loosian, Brett (DOT)
Subject: RE: Salem, Drainage Line Repair Project located at Rte IA NB
(Loring Ave) at the Forest River -
Dear Tom,
Thank-you for forwarding me your concern. I did call .Boston_ -
Environmental this morning in regards to your question. They aregoing
to track down what happened and remedy the situation. On November 3,
2010, I .submitted all the necessary paperwork to Boston Environmental
for the DEP fee.
Have you heard anything from the City Engineer, David Knowlton, .in
regards to this project? Therewas a site meeting between MassDOT
Maintenance personnel and the .City Engineer as per the Con Com-s request.
Is there anything I should be aware of? Tom, is the ConCom okay with the
hearing being continued to, the February 10,2011 date? I sent in the
request via e-mail to you on December 15, 2010. I wanted to make sure -
everything got addressed 'first.
Sincerely,
. Andrea Norton -
Environmental Analyst
(781) 641-8410
1
s
GENERAL NOTES.-
1. Concrete Design Strength: f'c = 4,000 psi
2. Reinforcing: ASTM A615 (Rebar) Grade 60
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CSI ID# I DESCRIPTION QTY UM COMMENTS
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CONTRACTOR: Concrete Systems Inc.
o e - 9 Commercial St., Hudson, NH,03051
ENGINEER: Phone 603-889-4163
rowing o. Fax 603-889-0039
JOB: BSHW-12
`°"'°°
LOCATION:
r
DEVAL L PATRICK Moving MassachuseM Forward.
GOVERNOR DD'T
TIMOTHY P. HURRAY
'. LT.GOVERNOR
pr JEFFREY B.MULLAN .. Massachusetts Department Of Transportation
cz•, SECRETARY&CEO . :: ,.. .. . . -
CERTIFIED MAIL RETURN RECEIPT REQUESTED \
November 5, 2010 RECEIVED .
Salem Conservation Committee - _.. .. NOV ] 2 wo
Salem City Hall DEPT OF PLANNING&
93 Washington Street COMMUNITY DEVELOPMENT
Salem, MA 01970;
;. .:. .. DearCommission Members:
In accordance with the Massachusetts Wetlands Protection Act(M.G.L. Ch. 131;S. 40) and its
Regulations (3 10 CMR 10,00), the MassDOT Highway Division is submitting a Notice of Intent
(NOI) for the proposed Drainage Line Repair Project located on a section of Route 1A NB (Loring
Avenue), in the City of Salem. Also in accordance with the regulations please notify the District Office
of the time and place.of the public hearing.
_ MassDOT Highway Division has been advised by.its Chief Counsel that in carrying out projects on
behalf of the Commonwealth , it is exempt from local by-laws. The purpose of:this exemption is to allow
MassDOT - Highway Division to carry out its duties relative to state highways that are located in a
particular town,but serve a greater public need. The Attorney Generals Office and the Department of
Environmental Protection,have informed MassDOT-Highway Division of their concurrence with this
advisory opinion. Please note that the project location is on property of the Commonwealth of
Massachusetts. For safety and access reasons, any site visit must be scheduled through the District
Environmental Engineers office.
MassDOT-Highway Division requests that the Conservation Commission issue an Order of Conditions
upon agreement that the proposed activities will not adversely affect any adjacent resource areas. Please
refer all questions regarding this filing to Andrea Norton-Wenzel, Environmental Analyst at (781) 641-
8410.
Sincerely,
Fa�ricLa A. Le Orth; P.E., -
District Highway Director
PAUanw
Enclosure
cc: Kevin Walsh,Director of:Environmental Services
F. Suszynski
B. Fallon
B. Boone
MassDOT—Highway Division-District 4.519 Appleton•Street,Arlington, MA 02476 •(781)641-8300
r 'Ani\
®` DEVAL L.PATRICK MovingMasrachttreKFForwdM.
GOVERNOR . rn�ssDOT
TIMOTHY P.MURRAY
- L7.GOVERNOR
JEFFREY B.MULLAN Massachusetts Department of Transportation
SECRETARY 8 CEO
TO: Massachusetts Conservation Commissions
FROM: William Hicks,Co 5
DATE: March 26,2010
RE: Peer Review Fee Exemptions
Massachusetts Department of Transportation's Highway Division is exempt from the so-called peer review fees
that can be imposed by municipal conservation commissions as part of their review of a project.
Several conservation commissions have asserted that MassDOT must pay peer review fees before the commission
will process any respective Wetlands Protection Act filings.In taking this position,they have referred to Chapter
131 of the Acts of 2006,amending Section 53G of Chapter 44 of the General Laws.However,this legislation
does not pertain to MassDOT specifically,and therefore does not compel the Department to pay the referenced
fees.
Additionally,the recent establishment of the Massachusetts Department of Transportation by Chapter 6C of the
general Laws and language contained in that enabling statute further clarifies this position. Ch. 6C, §2(a)states
that,"There is hereby created a body politic and corporate to be known as the Massachusetts Department of
Transportation.The department is hereby constituted a public instrumentality and the exercise by the department
of the powers conferred by this chapter shall be considered to be the performance of an essential governmental
function. The department is hereby placed in the executive office of the governor but shall not be subject to the
supervision or control of said office,or of any board,bureau,department or other center of the commonwealth,
except as specifically provided in this chapter." The above quoted language alone exempts MassDOT from peer
review fees.
Historically,the general view has been that agencies and authorities of the Commonwealth(with certain
exceptions)are not subject to local authority or regulation.The imposition of local fees falls under these general
principles,which have their basis in the doctrine of sovereign immunity. Review of the statutes,opinions of the
AttorneyGeneral and case law 1 on this issue support -
pport this view.Furthermore,locally-imposed im osed fees would
Y P
interfere with MassDOT's essential functions by requiring the establishment of a funding mechanism to pay third-
party consultants for their duplicative review as well as drawing funding away from the design and construction
budgets that are needed to carry out MassDOT's mission of maintaining and improving the statewide highway
transportation network. Such projects,in many cases legislatively mandated,are part of and related to the
essential function of MassDOT.
Thus,MassDOT is not subject to the referenced local fees in carrying out its projects and that such fees may not
lawfully be imposed upon MassDOT by any conservation commission. A synopsis of the judicial precedents that
support this position is available upon request.
www.mass.gov/massdot
TEN PARK PLAZA BOSTON. MA 02116.3969 PHONE:617.973.7000 • FAx:617.973.8031 TDD:617.973.7306
f
DEVAL L. PATRICK Moving Mas .CftaseMForward
a . ..GOVERNORP. . . .. . .. - ..
1 = TIMOTHY MURRAY mass, 0 T _.._
'.:LT:GOVERNOR
'
JEFFREY B. Mu.Luy .. . Massachusetts Department of Transportation
.. SECRETARY&CEO- - -
RE: Payment for.Legal Notices
When the Massachusetts Department of Transportation (MassDOT) is responsible for the payment of a
Public Notice placed.for a project, please send the original bill and tear sheet directly from the
newspaper to MassDOT Highway Division at:
Massachusetts DOT Highway Division
Environmental Section
10 Park Plaza, Room 4260
Boston,MA 02116 '
Attn: Irene Petsalis
Note: You must submit an original bill and tear sheet. If these are not submitted,MassDOT will
not be able to process Payment.
If you have any question,please contact Irene Petsalis at (617) 973-7484.
VVVVW.mass.gov/masidot
TEN PARK PLAZA BOSTON, MA 02.116-3969 • PHONE:619.973.7000 • FAx:617.973.8031 TDD:612973.7306
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection -Wetlands
.. . .._ MassDEP File Number' '� -
-WPA Form 3 - Notice of Intent
Document Transaction Number-..
-
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
.. . ...: . . City/Town
Important:
When filling out A General Information
,.
forms on-thee - -
computer,use 1- Project Location (Note: electronic.tilers will click on button to locate project site):
.only the tab key,
tomove your Rte-1ANB (Loring Ave) atthe Forest River Salem - -01970
cursor-do not a.Street Address - !
use the Fetum - b.City(rown -. c.Zip Code
key. - 420 29' 30" N 700 53' 40"W
Latitude and Longitude: d. Latitude e. Longitude
#30 #0082
f.Assessors Map/Plat Number g. Parcel/Lot Number.
..� 2. Applicant:
Patricia A. Leavenworth, P.E., District Highway Director
a. First Name - b. Last Name - -
Note: Massachusetts Department of Transportation - Highway Division
Before. c.Organization
completing this - 519 Appleton Street
form consult
your local. . d.Street Address
Conservation Arlington ...: MA 02476
'! Commission e;City/Town , - f.State - g.Zip,Code
regarding any
municipal bylaw (781) 641-8300 (781) 646-5115 Patricia.Leavenworth@state.ma.us .
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
Commonwealth of Massachusetts
a.First Name - b.Last Name -
Massachusetts Department of Transportation - Highway Division
c.Organization . - --
10 Park Plaza
d.Street Address
Boston MA 02116
e.City/Town f.State g.Zip Code
- h.Phone Number i. Fax Number j. Email address
4. Representative (if any):
Andrea Norton-Wenzel -
a. First Name - b.Last Name.
Massachusetts Department of Transportation- Highway Division
.. c.Company
519 Appleton Street
d.Street Address
Arlington MA 02476 "
e.CitylTown - I.State - g.Zip Code. '
(781) 641-8410 (781)646-5115 Andrea:.Norton@state.ma.us
.. . ._. h. Phone Number: i.Fax Number j..Email.address
5. Total WPA Fee Paid(from NOI Wetland Fee Transmittal Form):
$500.00 $237.50 $262.50
a.Total Fee Paid; b.State Fee Paid - - .. c.City/Town Fee Paid
._.wpaform3.doc•rev. 1;1/16/09 _. .. Pager of.8
I _ _
Massachusetts Department of Environmental Protection. Provided by MaSsDEP
', .
j - Bureau of Resource Protection - Wetlands - MassDEP File Number _
\n\\ WPA Form 3 - Notice of Intent -
"?Document Transaction Number
Massachusetts Wetlands Protection Act M.GI. c. 131, §40 Salem
.' ... .City/Town
A. General Information (continued)
6. General.Project Description:
See attached scope of work.
-' 7a. Project Type Checklist:
1.
El Single Family_Home- 2. - ❑ Residential Subdivision
3. ❑ Limited Project Driveway'Crossing 4. ❑ Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. El,Coastal Engineering Structure 8. E] Agriculture (e.g., cranberries, forestry)
9. ® Transportation 10. ❑ Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24(coastal) or 310 CMR 10.53(inland)?
s. ® Yes ❑ No If yes, describe which limited project applies to this project:
310 CMR 10.24(7)(c)(1&3) --Maintenance &safety improvement of existing drainage line & public
rdwy
8:' Property recorded at the.Registry of Deeds,for: -
Essen _ n/a
a.County _ - b.Certificate#(if registered land)
6472 589
'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.
For all projects - -
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Resource Areas,
please attacha -
-- . '
narrative. .. . .. a. ❑ Bank. ;1.linear feet - 2 linear feet .
explaining how -" bi❑ Bordering Vegetated
the resource
area was Wetland - 1.square feet 2.square feet
-
delineate.d.
c. ❑ 'Land Under -1.square feet - 2.square feet
Waterbodies and
Waterways _. 3.cubic yards dredged -
wpaform3.doc•rev..11/16/09 _ .. . .. . .. ._ Page 2 of.8
11/22/10. 09:01 FAX 17816465115 MASS HIGHWAY IM006
Massachusetts Department of Environmental Protection e" oyMass F?
Bureau of Resource Protection -Wetlands a; i8` u �, .'r
. ..
WPA Form 3 — Notice Of Intent hobtlment,Tren9etitarNbmbar;
ILI] Massachusetts Wetlands Protection Act M.G.L. c. 131, �§40 Salem
Cityfrown
B. Buffer Zone 8r, Resource Area Impacts (temporary & permanent) (contrd)
Resource Area Size of Proposed Alteration Proposed Replacement fd soul
d. ❑ Bordering Land
Subject to Flooding 1,square feat 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
Forest River
f. ® Riverfront Area 1.Name of Waterway(if available)
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
7225
3.Total area of Riverfront Area on the site of the proposed project: square feet
4.Proposed alteration of the Riverfront Area:
18' 18' 0
a.total square feet b.square feet within 100 ft. a square feel between 100 ft and 200 ft, .
5. Has an attematives analysis been done and is It attached to this N01? ❑ Yes® No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yea❑ No
3. ®Coastal Resource Areas: (See 310 CMR 10.25-10.35)
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 oonsideration of alternative project design or location.
Online Users:
include your Resource Area Size of Proposed Alteration Proposed Replacement(ii any)
document
transaction a.❑ Designated Port Areas Indicate sae under Land Under the Ocean, below
number
(provided on '
P
your receipt b. ❑ Land Under the Ocean 1 square feet _
h all
supplementary
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 BeaCheS1 square feet 2.cubic yards beach nourishment
@,❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment
Page 3 of 8
wpafcrm3.doe•rev.11/16109
Massachusetts Department of Environmental Protection ProydedeyMassDEP: r ;
Bureau of:Resource Protection -Wetlands
MassDEP Pile Number -
WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c::131, §40 Salem
Gityfrown
B. Buffer Zone.& Resource Area Impacts (temporary & permanent) (cont'd) .
Size of Proposed Alteration Proposed Replacement(if any)
- 4, -
'_ Coastal Banks 1. linear feet -
g. ❑ Rocky Intertidal
Shores : 1.square feet
"h. ❑ Salt Marshes 1,square feet -.P. sq it 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
1.cubic yards dredged
❑ 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. El Project Involves Stream Crossings
a.number of new stream crossings b.number of replacement stream crossings
C. Other Applicable Standards and Requirements
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://www.mass.gov/dfwele/dfw/nheso/regulatory review/oriority habitat/online 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
10/01/08 Route 135, North Drive
(13th edition) Westborough,MA 01581
wpaform3.doc•rev..1.1/16/09 - .. . .... Page 4 of 8_.
Massachusetts Department of Environmental Protection ?ro'vided by MassDEP:
Bureau of Resource Protection - Wetlands
. . _. .. . MassDEP Ptle Number ^^^
O1\
WPAUFom 3 - Notice of Intent ��r
Mass � 5
Transaction Number'
tlands Protection Act M.G:L: c: 131, §40 DocumentSalem
.:.. .. . . .... ._ .. . . .. . ..Cityrrown _
C. Other Applicable Standards and Requirements (cont'd)
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 C.1.d, 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).
1. c. Submit Supplemental Information for Endangered Species Review*
1. ❑ -Percentage/acreage of property to.be altered:
(aj within wetland Resource Area
percentage/acreage -
-(b)outside Resource Area percentage/acreage - - - -
2: El Assessor's Map or right-of-way plan of site
3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed)conditions, existing arid proposed
tree/vegetation clearing line, and clearly demarcated limits of work**"
(a) El Project description (including description of impacts outside of wetland resource area&
buffer zone)
(b)'❑ Photographs representative of the site
(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 acresof land, also submit: -
(d)❑ Vegetation cover type map of site
(e)❑ Project plans showing Priority& Estimated Habitat boundaries
d. 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 exemotions.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. 0 Separate MESA review ongoing. a.NHESP Tracking#-. b. Date submitted to NHESP
Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see
http://www.mass.gov/dfwele/dfw/nhesp/nheso.htm, regulatory review tab). 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.
wpaform3.doc-•rev..11/16/09 _. .. ... Page 5 of.8...
-11/22/10 09:01 FAX 17816465115 MASS HIGHWAY 007
Massachusetts Department of Environmental Protection
Bureau of Resources Protection WetlandsF1 I tfassaDEP (eNumbet
WPA Form 3 - Notice of Intent
_' ',�::DganQtrt!'R=ensaatldh .4R!ber
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Cdy/rown
C. Other Applicable Standards and Requirements (cont'd)
3.❑ Separate MESA review completed.
Include copy of NH ESP"no Take"determination or valid Conservation&Management
Permit with approved plan.
2. 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 or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
Island,and the Cape&Islands:
Division of Marine Fisheries- Division of Marine Fisheries-
Southeast Marine Fisheries Station North Shore Office
Attm Environmental Reviewer Attn:Environmental Reviewer
1213 Purchase Street—3rd Floor 30 Emerson Avenue
New Badford,MA .02740-6594 Gloucester,MA 01930
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.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern(ACEC)?
Online users: a. ❑ 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 4. Is any portion'of the proposed project within an area designated as an Outstanding Resource Water
your receipt (OR"as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.007
page)with all .
supplementary a. ❑ Yes ® No
information you
submit to the .5. 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 Wedande Restriction Act(M.G.L.c. 130, §105)7.
a. ❑ Yes ® No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
e.❑ 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.-
i.
: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
wpaform3.doc rev.11/16/09 Page6cf6
Massachusetts Department of Environmental Protection iProvided by`miassDEP. ,
Bureau of Resource Protection -Wetlands MaasDEP File Number^
WPA Form 3 - Notice of Intent
Document Transaction Num erj
- Massachusetts Wetlands Protection ActM.G.L: c.:131, §40 -
Salem
C. Other Applicable Standards and Requirements (cont'd)
2.® Emergency road repair
a.❑ Small Residential Subdivision less than orequal 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
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. 0. ,..USGS or other mapof 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.
s. ❑. 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 NOI.
- 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
s. ❑ 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 NO1 Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev..11/16/09 - - - Page 7 of 8
Massachusetts Department of Environmental Protection _. jProvided by MaasDEP:
Bureau of Resource Protection Wetlands
. ._._ MassDEP File Number"0
W_ PA Form 3 = Notice of intent
ument Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DocSalem
Ciry/iown
E. Fees
1. ❑ Fee Exempt: No filing fee shall be assessed for projects of anycity, 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:
in d'All o
2.Municipal Check Number 3.Check date _.
electronic transfer
4. State Check Number :: - �5.Check date
Commonwealth Massachusetts
' 6. Payor name on check: First Name - 7.Payor name on check:Last Name
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
tne.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 locatio '.
1.Signature of Appli nt 2 Date J -
3.rt of Property Or(if different). 4.Dat -. -
I C)
5.Signatur ofeprese (if any) _ 6.Dae -
Fon 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. 11/16/09 - -- . . Page 8 Of 8,
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
Important: A. Applicant Information
- - When filling out -
forms on the 1. Applicant.-
computer,
pplicant:-computer,use
only,the tali keyPatricia A. : :- Leavenworth, P.E., District Highway Director . .: :
to move your , a. First Name - b. Last Name
cursor-do not -
use the return Massachusetts Department of Transportation - Highway Division
key. - . . c.Organization
519 Appleton Street
d. Mailing Address
Arlington MA 02476
e.City/Town . . . I.State.. . g.Zip Code
(781) 641-8300 781) 646-5115 Patricia.Leavenworth@state.ma.us
.:
h. Phone.Number - _ I. Fax Number j.Email Address
2. Property Owner(if different):
Commonwealth of Massachusetts
-a. First Name - b. Last Name
Massachusetts Department of Transportation - Highway Division
-- c.Organization
10 Park Plaza
- '.: . .. d.Mailing.Address : . . . ... ..
Boston : MA:
': :. . ...: -. e.Cirylrowh f.State g.Zip Code -
h.Phone Number i. Fax Number I.Email Address -
3. Project Location:
Rte 1 A NB (Loring Ave) at the Forest River Salem
a.Street Address. b.City/Town
To calculate B. Fees
filing fees,refer
feethe category The fee should be calculated using the following six-step process and worksheet. Please see
fee list and 9 9 P
examples in the Instructions before filling out worksheet.
instructions for - -
tilling rm 3(Notice of out WPA Step II/Type of Activity: Describe each type.of activity that will occur in wetland resource area and
: Form -
Intent)., buffer zone. "-
Step 2/Number of Activities:Identify the number of each type of activity.
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
Rivertront 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 5/1rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
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.
Wpaform3.doc•Wetland Fee Transmittal Form•rev.2/21/03Page 1 of 2
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massach.usetts.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 3Andividual Fee
- Activity:Fee
2 e 1 $500.00 :$500.00 -
Step 5/Total Project Fee: $500.00
Step 6/Fee Payments:
Total Project Fee: $500.00
- - - a.Total Fee from SteIP 5
State share of filing fee: $237.50
b. 1/2 Total Fee less$12.50
City/Town share of filling Fee: $262.50
c. 1/2 Total Fee plus$12.50
C. Submittal Requirements
a.) Complete pages 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-filersofNotices of.Intent may submit these
electronically.)
Wpaforra&dac•Wetland Fee Transmitral Form rev.2/21/08-: .. Page 2 of 2' --
-LOCUS PLAN
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SALEM
ROUTE IA-LORING AVENUE
SCOPE OF WORK
` SALEM, ROUTE 1A NB at the FOREST RIVER
DRAINAGE LINE REPAIR
Project Location:
The proposed project is located on the Route IA NB (Loring Avenue) at Station 32+00.
Project Description:
The work to be completed under this contract consists of the replacement of a 12 inch drainage
line and general repair of the outfall and slope. The line was damaged previously when a guard
rail post punctured the existing 12 inch clay drainage line. This puncture caused erosion of the
slope and sidewalk on the easterly side of Route IA.
Work on the drainage line will consist for the following:
• The existing clay pipe will be excavated and removed.
• A new 12 inch pipe will be installed at an angle to avoid the existing guard rail post.
• Either granite or concrete block will be stacked to re-establish the slope and support the
existing sidewalk.
• Geotextile fabric will be placed on the roadway side of the granite or concrete block.
• Gravel borrow will be placed and compacted behind the block as a base for the sidewalk.
• The sidewalk will be repaved to meet the existing sidewalk.
• An approximate 2-3 foot wide by 5-6 foot long Rip Rap stone area will be placed at the
outfall to act as an energy dissipater.
All work will remain within the right-of-way. Sedimentation control barriers will be located at
areas of environmental concern and shall be maintained throughout the length of the project.
The Contractor shall remove all accumulated silt and debris from the siltation barriers and
'properly dispose'of the material. Siltation barriers shall be removed anddisposed of at the
Engineer's direction.
During the execution of, work under this contract, the Contractor shall exercise care in the
placement and storage of equipment, materials and debris. No equipment, material, or debris can
be placed or stored in or near a resource or drainage area leading to a resource.
,
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Existing - Proposed
Catch - 8'-9' of 12' Ductile Iron
-Basin
Side Walk
° ° ° ° ° °
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Proposed 22
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Exlsting Guardrail
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Geotextile 0000000
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Slit Fence & Hay Bales
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i
Plan View
Guard Rall Post
Guard Rall -
o°0°0°0°00°00o00„0„o„00°0oouo000°00o Granite or Concrete
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0000000000000Rlp Rap0000060o000000
0 0 0 0 0 0 o u u u o 0 0 0 0 0-02 Blocks
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?- Salem-Rte 1A
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ighway Division,
n
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--•• Mean Low Water Line "' -:-
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--Wetland Limit � w�
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150.82 - 77
y 150.66Crushed Stone for Drainage,Revetment,and/or Water Works Foundations.'
When directed in writing by the Engineer to place crushed stone in the bottom of the excavation of revet-' -k
ment,drainage and water system installation to stabilize the foundation,the work will be performed under '
this item.' - -
1 The minimum total depth of crushed stone to be placed under this item of work shall be 6 inches.No com-
paction will be required for depth up to 12 inches.For any depth over 12 inches,the crushed stone shall be
placed and compacted in layers not to exceed 6 inches.Compaction will be accomplished by means of mechanical
or pneumatic tampers.Compaction effects shall continue until the stones`are firmly interlocked and the sur-
face is unyielding. -
COMPENSATION
150.60 Method of Measurement. . - - - -
'All barrow with the exception of sand borrow and crushed stone will be measured in place.When this .
method of measurement is impracticable and the Engineer,prior to the star[of construction,so directs and
the Contractor agrees in writing,borrow,with the exception of sand borrow and crushed stone,will be meas-
ured in its original position in the pit after stripping by the cross-section method.
When ordinary boffiow is paid fortis measured inplace itshalibe measured fromexisting orcompacted
old ground surface to the lines and grades applicable to embankment as shown on the plans or as directed. - - -
'' The volume of ordinary and special borrow when in place measure is necessary,shall be determined as
,a _ -
follows,.l! Mi .,, . . ,.. •
reasure the total volume of embankment in place;
t34.
Add 12 5 percent of this quantity(for compaction)Deduct the total volume of all suitable materials available forembankments,including rock excavation;except that excavated under Section 140.60,
Deduct an additional 25 percent of the volume of rock excavation
When not measured in its original position in the pit by the cross section method,gravel borrow used in -
Y�i5bbase,gravel forbasecourse,gravel for surfacing,.gravelfor bridge foundations andgravel forbackfilling
`aroouuunndstructures and pipes,will be paid for as measured in place plus 15 -
x
- 'When not measured in its original position in the pit by cross section method gravel borrow used in slope
stabiltzatio a dnd other miscellaneoususes will be paid as measured in place plus'12.5% .• -
`- IIfn�iaterialthat is measured in place is taken from across sectioned pit,the amount of material to bededucted
-a.. fromthe cross section pit quantity sihallbeequaltothc material measured in place plus any allowable percent c�
�ded -in place ato�e.in place measurement.
i Sand bo `row will be measureA by the cubic yard by load measurement.The quantity shall be the volume -
off the l6YWI�asr�_measured,divided by 1.15. -
i`- Ifstone5crfeeningsaeeused me volume shall be obtainedfrom its weight using 2700 pounds as the weight
of a cubic yard of stone screenings. - -
Ciushed�'st'stone complete in place will be measured by the ton.
The-weight
A Y>.
t The weight steps shall'lie countersigned on delivery by the Engineer,and no weight slip not so cbunter-
Y .� gpi'df _, - -
_- signed shall�b_e included'for any payment antler the Cd'nfrac[. -
�N,Tovertiaulallowance will be made for any kind of borrow. -
150ie1:i^Basis of PaaymanC - -
Paymentfor the,formation of embankments as specified will be included in the items of excavation or
�w ffalenal used
+g1r
0, ,•,.. boraw.Excavated ma[ena]used with the mussion of the En meer forotherthan[hefpmiationofembank-
Pe g
nleots vn11'bepaid fo'r as' spec fled in Subsection 120 81 nd such payment shall include full compensation
for Ronnaao�n of there cued embankments The contract amt prices for the aforesaid items shall condi-
.p 1vu full wmpensaaon for"the satisfactory performance and completion of the entire work
a$ Eo Will be p d forra['the contract unit price per cubic yard,complete in place,which shall include
4;, = Wilt�te,Rltsandbonnggiime sarympi6cumsamples[o establish Die suitability of the materials and all required - -
+aWpmg -
Crpshxstbne wkillU+b_'paid ffbHIf&the'contract unit price per run,completein place. -
Pry�e rt Rema., x -
I, °150 *'O�,dmary Bow Cubic Yard -
.5
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A_COM AECOM 978.589.3000 tel
2 Technology Park Drive 978.589.3100 fax -
Westford, MA 01886-3140
March 14, 2011
Ms. Andrea Norton
Environmental Division
Massachusetts Department of Transportation—Highway Division
519 Appleton Street
Arlington, MA 02476
Re: Coastal Wetland Resource Delineation
Route 1 A(Loring Avenue) North Bound
Drainage Line Repair at the Forest River Crossing
Salem, Massachusetts
Dear Ms. Norton:
As requested, AECOM has conducted an assessment of the presence and extent of wetland resource areas
at the above-referenced site. Field efforts conducted for the characterization of wetland resource areas .
included delineation of wetland resource areas subject to protection under the Massachusetts Wetlands
Protection Act(M.G.L. Ch. 131 §40) and its accompanying Regulations (310 CMR 10.00) and Section 404
of the federal Clean Water Act. AECOM used a multi-parameter methodology, which incorporates the
presence of hydric soils, dominance of hydrophytic vegetation, and other indicators of hydrology to
determine the limits of state and federal jurisdictional wetlands.
As discussed during our on-site investigation on March 2, 2011,the drainage repair site envelope is limited
to the area directly surrounding the existing catch basin and outlet area. Wetland resource area
observations and delineations were performed during low tidal influences on the Forest River. The Forest
River at the Loring Avenue crossing in Salem is tidally influenced. The coastal wetland resource areas
located at the site include Land Subject to Tidal Action, Salt Marsh, and Riverfront Area associated with the
Forest River and are described below.
Land Subject to Tidal Action
The area directly in front of the catch basin outlet was found to be well defined by scouring and was
composed of gravel, stone, and historically placed riprap. Saturation and wrack (debris) line at this
same elevation across the site was observed from the previous high tide from earlier that day. The
boundary of Land Subject to Tidal Action [310 CMR 10.02(1)(c)]was delineated starting with BK-1
at the north side of the bridge abutment near the existing 12-inch clay pipe outlet from the catch
basin. The flagging continued along the roadway(Loring Avenue) side slope to flag BK-3. This
boundary is also equivalent to the Mean High Water Line associated with the Riverfront Area
(described below).
Land Subject to Coastal Storm Flowage/Coastal Bank
According to the Federal Ernergency Management Agency Flood Insurance Rate Map (FIRM),the
site area is identified as Zone B (areas of flooding between 100 and 500 year storm event).
Therefore,there is no jurisdictional resource area of Land Subject to Coastal Storm Flowage as
AECOM - 2
designated under 310 CMR 10.02. To this end,there is no jurisdictional resource area of Coastal
Bank(310 CMR 10.30).
Salt Marsh
Salt Marsh is located to the east of the existing outlet area and was delineated with stake flags Al
to A4 in accordance with 310 CMR 10.32. The dominate species in the immediate vicinity of the
catch basin outlet is saltmarsh cordgrass'(Spartina alterniflora) and saltmeadow cordgrass (Spartina
patens)to the northern limits of the delineation. A well defined boundary exists between the
saltmarsh cordgrass and the exposed riprap(impacted clay pipe location) and established side
slope of the roadway further to the north.
Wetland soils sampled within the delineated area were identified as dark gray(10YR 4/1) mucky .
peat to 12 inches and underlying very dark gray(10YR 3/1)silty loams (12 to 20 inches). Upland
soils along the wetland boundary or roadway side slope were identified as historic fill and consisted
of a sandy loam to 3 inches (10YR 3/1)with underlying course sand and gravel fill (10YR 4/3)to 20
inches. In reviewing the Natural Resource Conservation Service (NRCS) information of this area,
Westbrook mucky peat was identified as one of the mapped soils at this location. Westbrook series
consist of very deep and poorly drained soils that are formed in organic deposits located over loamy
mineral material. These soils are typically formed in marshes subject to tidal inundation. The
NRCS mapping supports the wetland soils identified at this location.
Riverfront Area
In accordance with 310 CMR 10.58(2)(a)2., Riverfront Area adjacent to the Forest River extends
200 feet from the edge of the Mean High Water Line as described above.
We are pleased to have been assistance to you with this project. Please let me know if you have further
questions regarding this site.
Yours sincerely,
Terry E. Gensel
Senior Wetland Specialist
Terry.gensel@aecom.com
Page 1 of 1
Norton, Andrea (DOT)
From: Gensel,Terry[ferry.Gensel@aecom.com]
Sent: Wednesday, March 02, 2011 5:12 PM
To: Norton,Andrea (DOT)
Subject: RE: Salem
Attachments: LoringAve-Wet-sketch.pdf
Hi Andrea,
Attached is the wetland sketch. I will be forwarding you a small write up on the flagging.
-Terry
From: Gensel,Terry
Sent: Wednesday, February 23, 201111:59 AM
To: 'Andrea.Norton@state.ma.us'
Subject: Salem
Hi Andrea, Here is my contact info...see you Wed @ 1PM.
Thanks-Terry
Terry E. Gensel
Senior Wetland Scientist
AECOM Environment
D 978.589.3390 C 978.852.8535
Terrvgensel®aecom.com
AECOM
2•Technology Park Drive
Westford, MA 01886-3140
T 978.589.3000 f 978.589.3100
www.aecom.com
3/3/2011
-t
-_ .. _
11/22/10 08:52 FAX 17816965115 HASS HIGHWAY 001
Devai L. Patrick, Governor
Timothy P.Murray, Lt.Governor massDO T
lug
Jeffrey B. Mullan, Secretary&CEO Massaehusetls Departmetrt of 7Yansportation
District Four
Patricia A. Leavenworth P.E.,
Director
FAX COVER SHEET
'-TO: FROM:
Tom Devine Andrea Norton-Wenzel,Dist. Env. Analyst
COMPANY: DATE:
Salem ConCom 11/22/10
FAX NUMBER: PHONE NUMBER: -
(978)740-0404 (781)641-8410
RE: NO OF PAGES)INCLUDING COVER):
Legal Ads-Sateen,Rte. IA NB at Forest River,
Drainage Lice Repair 7
[]URGENT ❑FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY
COMMENTS:
Dear Irene,
Attached you will find the following:
• DEP Letter regarding Abutter Notification(2 pgs—see pg#2)
• DEP Mouth of Coastal River Maps(2 pgs)
• . Notice of Intent pg3 of 8 and 6 of 8 with chgs per your request(2 pgs)
Thank-you Tom for calling and giving me a heads up prior to the mtg,
If you have any questions or concerns,I can be reached at(781)6414410.
Sincerely,
Andrea
STATEMEM OF CONFIDEMIAI r
The doamients Induded in this faarnte 7ansminal sheet contain Inrnrmation From the Massachusetts Highway Deparbnent.which are confidential and/or
privileged The information is intended to be for the use of the addressee named on this transmittal sheet.it you are not the addressee,note that any disdosurr.
photocopying distibutm or use of the contents of this faxed inforrrmton is pmhibited.Ifyou have modved this facsimile in error,please notify w by telephone
Thanxyou
519 Appleton Street Arlington,MA 02116
Tel:761-64 t-8300,Fax:781-646.5115
www.masxgc v/rnassdot
Leading the Nation In Transportation Excellence -
11/22/10 08:52. FAX 17816465115 KASS HIGHWAY 002
Coffrio meom of Mosux Lwffs
Executive Office of Erwkn lertul Affdrs
Department of
environmental Protection
���,ye�ryans
a•eb"
""W' April 8, 1994
Dear Interested Party: '
As you may know, the Legislature recently enacted a new law that
amends the Wetlands Protection Act by requiring applicants to notify
abutters when filing a Notice of Intent. This law takes effect on
April 13, 1994 - that is, it applies to all Notices of Intent that are
filed on or after that date.
I an sure that many of you will have questions about this new lav
and how it should be implemented. There is not enough time before the
statute takes effect for DEP to adopt a regulation covering abutter
notification. we do, however, think it is. important to share with you
our understanding of the correct way to apply the new requirements.
Accordingly, enclosed with this letter you will find a document
entitled "Questions and Answers Concerning Abutter Notification Under
the Massachusetts wetlands Protection Act." I hope that it will ad-
dress most of your concerns; many of the questions are based on tole-
phone calls we've received from Conservation Commission and consul-
tants during the past few weeks and an ongoing discussion with MACC.
Please be sure to note that two forms are attached to the end of
the document. One is a suggested form of notification for applicants
to send to abutters. The other is an Affidavit of Service, which we -
suggest be used as a convenientmethod of proving compliance with the
Re
statute. � In fact, DEP gional Off lama may not issue - g n M=
for any Notice ol_intent 1112d once the statute taken effect nlaea i•
is accomnanied b± the ) gdavit of Saryica.
Of course, if you still have questions - or if you have thoughts
for us to consider when the time comma to draft a formal regulation -
please feel free to call us. Contact Nark vershbow (617-556-1180) or
Rich Tomczyk (617-292-5512) in our Boston office.
Thank you.
Ssl
,
7 e
Carl diarker
Acting Director
Division of wetlands and waterways
(617) 292-5549
Oe•YYMx B"�n � 90M^MU=dMM = 0 NIX 017)MM106 • Tdwhw•N1712Im4W
11/22/10 08:52 FAX 17818485115 MASS HIGHWAY Q003
Dap ouide to Abutter Notification April 8, 1994
--� 12. Does the new notification requirement apply to state and local
agencies, such as the DPW?
only one public agency is excluded from the notification
requirement: the Massachusetts Highway Department. This is stated
explicitly in the legislation that created the new requirement. Local
departments of public works, and state agencies such as the MWRA, HDc,
Massachusetts Turnpike Authority, MBIA, etc., must comply with the
notification requirement wheneyner thav file a Not�ea of jr en .
Keep in mind, however, that work done by public agencies may be
exempt under the Wetlands Protection Act. U work is exempt, then by "
definition no Notice of Intent needs to be filed. If no NOI is filed,
then abutters will not receive notification of the proposed work - nor
of the claim of exempt status under the Wetlands Protection Act.
Also, notification ie required only when filing a Notice of
Intent. A landowner filing a Request for Determination of
Applicability under the Wetlands Protection Act need not give
notification to abutters.
13. Many municipalities have a local wetlands ordinance or bylaw;
same of these local laws also require notice to abutters. Does the
state law overrule the local requirements?
Although local ordinances and bylaws are not affected at all by
this new state law, it is possible - depending on the exact
requirements of the local law - that one notification could satisfy
both obligations. However, if compliance with all state and local
laws requires two separate mailings to the same abutters, both gets of
laws must be not.
Conservation Commissions with local ordinances or bylaws should
review them to see if they are consistent with the statute. DEP
auggaats consultation with the municipal lawyer for this purpose. If
the Commission is satisfied that one notification would cover both
bases, it may want to formally certify that conclusion so that
applicants can rely an the certification when limiting themselves to a
single round of notification.
14. To Whom should notification be sent when the abutter is a
condominium? "
In a condominium - whether residential, commercial, or industrial
- the property has been divided into different components; each -+
component has a different owner. The buildings are turned into units
' and each unit has a unit owner. The land is held in common by an
association of unit owners (often - but not always - in the form of a
trust) .
The new statute refers to abutters as being "owners of land." In
that case, since it is the association of unit owners that holds title
to the land, the party to whom notification should be sent is the
association and agr, the owners of each individual unit. It is the
page 7
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CITY OF SALEM
� CONSERVATION COMMISSION
SITE VISIT FORM
PROJECT LOCATION:Lori',, z,;�4 W/, �Fr�_ DATE OF SITE VISIT•
PROJECT PROPONENT: o ss DEP FILE NUMBER:
PROPOSED WORK:. '�^�
Commission Mem�,bgqers/A ent: Abutters: /7
Applicant/Property Owner/Representative: -it KJ
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ®Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal.
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
ZAJO-4nk ❑ Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
[:1 Bordering Vegetated Wetland
ElPort Area ❑Coastal Beach
- 1-1 Land Subject to Flooding
El Coastal Dune El Barrier Beach
❑Land Under Water Bodies or Waterway
Name: [3 Coastal Bank ❑Rocky Intertidal Shore
gRiverfront Area Er Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
i
❑ Bordering Vegetated Wetland in Coastal Area
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach El Coastal Dune
❑Protection of Water Supply Protection of Groundwater Supply Flood Control
QStorm Damage Preventibn 0 Prevention of Pollution 0 Protection of Fisheries
❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project: If so,why? A/`o
Are resource area boundaries delineated correctly? If not,explain.
,�^X�ReK4RRr�LS � i:�
❑Photos ❑ Site Map ❑Other:
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
SQ ^d is a 11A
MA DEP http://public.dep.state.ma.us/wetland/wetland.aspx
Public Access to Wetiand Notices of Intent
Search Criteria: Instructions
--' -- ,EP
Region: 1°1xi Your RBgr,�n eDHe Notices and
Ord
_. :::..... ers Online
City/Town: SALEM
Start Date: 2/10/2010
End Date: 3/10/2011
Results per page: 100':
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NOI FI p Filing a pllr:anrs.Pnplicint's Location 'Company (RegionTom Command
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0640512 12/292010 FRAKK LANNI +23 PPRLEE NE SALEM,
Ofi4o511 11/3012010 CRAIG BURN. 1910 FORTUN9TE SON I NE SALEM
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1 oft 3/10/2011 9:01 AM
Tom Devine
From: Norton, Andrea (DOT) [Andrea.Norton @state.ma.us)
Sent: Friday, January 21, 2011 9:40 AM
To:. : Tom Devine
Cc: Suszynski, Frank (DOT); Fallon, Brian (DOT)
Subject: Request for Continuance of the Public Hearing for the Drainage Line Repair Project , Rte 1A
NB (Loring Avenue)
Dear Tom,
It was nice to speak with you this morning. You are really a very nice person. Anyhow--
the status for the subject project is as follows:
Interms of the DEP fee, I do agree with you and my findings are identical. I have called
and did send emails to Boston Environmental in hopes of having the payment issued
.. resolved. I find the situation surprising. It doesn't typically take this long.
.The 'City Engineer did meet in the field (prior to snow conditions) with Maintenance
personnel. I did not attend this meeting due to a prior commitment but it is my
understanding that the proposed project was discussed in full.
Ilidid contact Boston Environmental in terms of the wetland flagging.
After the weather improves, a Consultant will perform the wetland delineations.
I did contact the District Project Section in terms of additional documentation (plan) .
After the flagging is put in place, they will run a survey and generate a plan of the
project area.
After these tasks are completed, I ' ll give you a jingle and schedule a site meeting with
both yourself and the ConCom members. If you have any questions or concerns, please give
meashout .
Thank-you'.
Si=ncerely,
Andrea--
Environmental Analyst
,(.781) 641-8410 .
P$,;Drive safe tonight--might be slippery.
No virus found in this incoming message.
Checked by AVG - www.avq.com ,
Version: 9. 0.872 / Virus Database: 271. 1. 1/3392 - Release Date: 01/20/11 14 : 34 : 00
1
Tom Devine
From: Norton, Andrea (DOT) [Andrea.Norton @state.ma.us]
Sent: Friday, January 21, 2011 8:55 AM
To: Tom Devine
Cc: Suszynski, Frank (DOT); Fallon, Brian (DOT)
Subject: Request for Continuance of the Public Hearing for the Drainage Line Repair Project , Rte 1A
NB (Loring Avenue)
January 21, 2011
Salem Conservation Commission
Salem City Hall
93 Washington Street ,
Salem, MA 01970
-Subject: Request for Continuance of the Public Hearing for the
MassDOT -Highway Division Notice Drainage Line Repair Project
Dear Commission Members:
The MassDOT - Highway Division respectfully requests that the Public Hearing for the
subject project scheduled for February 10, 2011, be continued to the regularly scheduled
date,of March 10, 2011, in order to adequately address the questions and concerns of the
Commission that was presented during the December 15, 2010 hearing.
If you have any questions or concerns in this regard, please contact Andrea Norton-Wenzel,
District Environmental Analyst at (781) 641-8410.
Sincerely,
Andrea Norton-Wenzel
No .virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 9. 0. 872 / Virus Database: 271. 1 . 1/3392 - Release Date: 01/20/11 02: 34 :00
LL.a
1
8
Page 1 of 2
Tom Devine
------------
From: Norton, Andrea (DOT) [Andrea.Norton@state.ma.us]
Sent: Monday, March 21, 2011 8:36 AM
To: Tom Devine; David Knowlton; Merrill, Pamela (DEP)
Cc: Suszynski, Frank (DOT); Fallon, Brian (DOT); Loosian, Brett (DOT)
Subject: Drainage Line Repair, Loring Ave (Rte 1A)@ the Forest River in Salem
Attachments: plans 3-21-11.pdf; detail 3-21-11.pdf; AECOM letter 3-14-11.pdf; AECOM field notes 2-23-11.pdf;
locus & photos 3-10-11.pdf; T Devine mtg w-City Engineer 3-16-11.pdf; T Devine mtg w-City
Engineer 1-3-11.pdf
Dear Tom,
As lead person on this project and the person who is responsible for all environmental permits associated
with it, I would like to update you on the status of the subject project. I have had separate meetings as
well as a joint meeting with Brian Fallon, P.E. (Assistant District Project Development Engineer) and Brett
Loosian (District Highway Engineer). The concerns and requests of the Commission were discussed and
additional material has been generated as a result.. Also, I did speak with Pamela Merrill from the DEP. I
did forward additional material to her (photos, plan, AECOM Environment Report). She had already
received the plan that you had forwarded to her.
The following actions are in place:
Headwall for Culvert:
The headwall will be built according to MassDOT standards and it we be in accordance with the headwall
can detail from the MassDOT Standard Details. The Construction Manual is a document that has
specs (detail drawings) that are routinely used in the course of typical construction activities. Each of
these specs have undone rigorous review and have been approved by a team of P.E. certified civil
engineers. The key person on this team is the Chief Engineer of MassDOT. The detail of the wall and the
plan of the area is attached. I believe this is what the ConCom has requested.
I:did send an e-mail to the City Engineer, Dave Knowlton, requesting verification that he believes the
design of the wall is structurally sound. Based on your e-mail below, and previous e-mails, I do believe
that he does feel the project is structurally sound. If I receive an national letter from him, I will forward it
along to you. Attached you will find the e-mails that I have already received in this regard.
DEP: 1 have had a conversation with Pamela Merrill and did forwarded various documents to her(see
attached). Based on our conversation, I do believe she is alright with the design. It is my understanding
that had she gotten the photos, most recent plan, and the AECOM Environment Report (generated by
Terry Gensel, Senior Wetland Scientist), her comments would have been different. Unfortunately, once
comments are entered into the DEP database, they can not be edited.
Tom, I would like to set-up a meeting with you in person to discuss the additional material that is attached
and address any concerns you might have. Pamela Merrill (DEP)mentioned you had a concern about
erosion and possible mitigation. We are only responsible for the area associated with the outfall. We are
not responsible for any erosion further downstream that resulted from winter conditions. I would also like
to put the offer out, that if the ConCom wants to meet in the field prior to the hearing, I am open to it.
(Only one member went last week.)
Please let me know when you want me to meet. I really would like to discuss the project with you and
address any concerns you might have prior to the hearing.
Andrea Norton
Environmental Analyst
3/21/2011
Page 2 of 2
(781) 641-8410
From: prvs=1056d43452=tdevine@salem.com [mailto:prvs=1056d43452-tdevine@salem.com] On Behalf Of
Tom Devine
Sent: Wednesday, March 16, 20118:41 AM
To: Norton, Andrea (DOT)
Subject: David Knowlton and DEP Comments
Andrea,
I showed City Engineer David Knowlton the updated plan for the drainage repair. He believes it is fine
structurally, which puts to rest the Commission's concern. He does, however, believe this should only be a
temporary solution until the whole culvert is addressed. But I don't think the Commission can actually require
you to address the culvert as a condition of the approval of this drainage line repair.
'I also spoke with Pam Merrill, Northeast Circuit Rider for DEP for an explanation of her comments. She believes
MassDOT should provide more details on how it determined the top of bank, mean high water, and the edge of
the salt marsh. In order to address the performance standards cited in the comments, the riprap should be
replaced with a vegetated slope, and the outfall could be pulled back, if possible, toward the catch basin. In
order to demonstrate that this project qualifies as a limited project and has flexibility in meeting the performance
standards, MassDOT will have to demonstrate that the catch basin and drain line were there before November
1987. Otherwise, see CMR 10.24(7)(3)for more on limited projects.
These comments would have come much sooner in the process had it not been for the bizarre hold up with the
fee. Because this work is in, or at least right up to, a resource area, these issues will have to be addressed with
the Commission in order to avoid appeal by DEP.
Best,
Tom
Tom Devine, Conservation Agent/Staff Planner
City of Salem Department of Planning & Community Development
120 Washington St., 3rd Floor I Salem, MA 01970
(V) 978-619-56851 (F) 978-740-0404
tdevine salem.com I salem.com
3/21/2011
4 .
Norton, Andrea (DOT)
From: prvs=1984bc698c=tdevine@salem.com on behalf of Tom Devine [tdevine @ Salem.com]
Sent: Monday,January 03,2011 9:45 AM
To: Norton, Andrea (DOT)
Cc: Suszynski, Frank(DOT);Fallon, Brian (DOT); Loosian, Brett (DOT)
Subject: RE: Salem, Drainage Line Repair Project located at Rte 1 A NS (Loring Ave)at the Forest
River
Hi Andrea,
City Engineer David Knowlton told me that he is satisfied with what is
proposed. The Commission may want to consult with him further once you
submit more materials, especially if the proposal changes. And I expect
the Commission .to accept your request to continue when they meet this -
Thursday. They are happy to give you the time you need to address their
concerns.
Best,
Tom
Tom Devine
Conservation Agent/Staff Planner
City of Salem -
Department of Planning & Community Development
120 Washington St. , 3rd Floor
Salem, MA . 01970
978-619-5685 ,
(F) 978-740-0404
tdevine@salem.com - -
www.salem.com
-----Original Message-----
.
From: Norton, Andrea (DOT) [mailto:Andrea.Norton@state.ma.us]
Sent: Monday, January 03, 2011 9:30 AM '
To: Tom Devine
Cc: Suszynski, Frank (DOT) ; Fallon, Brian (DOT) ; Loosian, Brett (DOT)
Subject: RE: Salem, Drainage Line Repair Project located at Rte lA NB
(Loring Ave) at the Forest River ,
Dear Tom, -
Thank-you for forwarding me your concern. Idid call Boston
Environmental this morning in regards to your question. They are going
to track down what happened and remedy the situation. On November 3,
2010, .2 submitted all the necessary paperwork to Boston Environmental .
for the DEP fee.
Have you heard anything from the City Engineer, David Knowlton, in
regards to this project? There was a site meeting between MassDOT
Maintenance personnel and the City Engineer as per the ConCom's request.
Is there anything I should be aware of? Tom, is the ConCom okay with the
hearing being continued to the February 10,2011 date? I sent in the
request via e-mail to you on December 15, 2010. I wanted to makesure
everything got addressed first.
Sincerely, -
Andrea Norton -
Environmental Analyst
(781) 641-8410
1
r .
Page 1 of 1
Norton, Andrea (DOT)
From: prvs=1056d43452=tdevine@salem.com on behalf of Tom Devine [tdevine@Salem.com)
Sent: Wednesday, March 16, 2011 8:41 AM
To: Norton,Andrea (DOT)
Subject: David Knowlton and DEP Comments
Andrea,
i
I showed City Engineer David Knowlton the updated plan for the drainage repair. He believes it is fine structurally, which puts to
rest the Commission's concern. He does, however, believe this should only be a temporary solution until the whole culvert is
addressed. But I don't think the Commission can actually require you to address the culvert as a condition of the approval of this
drainage line repair.
I also spoke with Pam Merrill, Northeast Circuit Rider for DEP for an explanation of her comments. She believes MassDOT should
provide more details on how it determined the top of bank, mean high water, and the edge of the salt marsh. In order to address
the performance standards cited in the comments, the riprap should be replaced with a vegetated slope, and the outfall could be
pulled back, if possible, toward the catch basin. In order to demonstrate that this project qualifies as a limited project and has
flexibility in meeting the performance standards, MassDOT will have to demonstrate that the catch basin and drain line were there
before November 1987. Otherwise, see CMR 10.24(7)(3)for more on limited projects.
These comments would have come much sooner in the process had it not been for the bizarre hold up with the fee. Because this
work is in, or at least right up to, a resource area, these issues will have to be addressed with the Commission in order to avoid
appeal by DEP.
Best,
Tom
Tom Devine, Conservation Agent/Staff Planner
City of Salem Department of Planning & Community Development
1120 Washington St., 3rd Floor I Salem, MA 01970
(V) 978-619-55851 (F) 978-740-0404
tdevine@salem.com salem.com
3/16/2011
v
Tom Devine
-From: Norton, Andrea (DOT) [Andrea.Norton @state.me.us]
Sent: Wednesday, December 15, 2010 10:54 AM
To: Tom,Devine
Cc: Suszynski, Frank (DOT); Fallon, Brian (DOT); Boone, Robert (DOT)
Subject: Request for Continuance of the Public Hearing for the Drainage Line Repair Project , Rte 1A
NB (Loring Avenue)
December 15, 2010
Salem Conservation Commission
Salem City Hall
93 Washington Street
Salem, MA 01970
subject : Request for Continuance of the Public Hearing for the
MassDOT - Highway Division Notice Drainage Line Repair Project
Dear Commission Members:
The MassDOT - Highway Division respectfully requests that the Public Hearing for the
subject project scheduled for January 13, 2011, be continued to the regularly scheduled
date of February 10, 2011, in order to adequately address the questions and concerns of
Che. Commission that was presented during the. December 15, 2010 hearing.
If you have any questions or concerns in this regard, please contact Andrea Norton-Wenzel,
District Environmental Analyst at (781) 641-8410 .
Sincerely,
.Andrea Norton-Wenzel
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1
lis
Tom Devine
From: Norton, Andrea (DOT) (Andrea.Norton @state.ma.us]
Sent: Wednesday, December 22, 2010 12:21 PM
To: David Knowlton; Tom Devine
Cc: Suszynski, Frank (DOT); Fallon, Brian (DOT); Loosian, Brett (DOT)
Subject: Salem, Drainage Line Repair Project located at Rte 1A NB (Loring Ave) at the Forest River
Attachments: NOI, Salem.pdf
NOt, Salem.li f(2
MB)
Dear Dave,
I would like to take a moment and apologize for not attending the meeting yesterday for
the subject project. . An issue came up that required my presence and I could not reschedule
our meeting in a timely manner. In terms of the proposed project, the following
;information may be helpful.
Background
:a Determination of Applicability was issued on 6/10/10. This Determination was based on a
scope of work that included sidewalk improvements only and began at the Rte. 1A/Maple
Avenue intersection and ended at the Rte. lA/Leggs Hill Road intersection. During site
investigations, the condition of the drainage pipe was noted and it was determined that it
was '•bevond the scope of work. It was also underwater due to the tidal nature of the Forest
River. After construction began, the City of Salem requested that the project limits be
extended to the Rte. IA/Lincoln Road intersection. The Conservation Commission was
amendable and issued a letter to that effect . Since that time, it was determined that the
.condition of the drainage line needs to be addressed. A site meeting was held with MassDOT
Environmental and Highway Maintenance personnel as well as the Salem Conservation Agent,
Frank Taormina , The Agent voiced his questions and concerns and recommended that a Notice
of Intent (NOI) be filed. He also stated his intentions of discussing the project with the
Commission prior to moving to a different employment opportunity.
Current
Attached you will finda -pdf of the Notice of Intent that came before the Salem
Conservation Commission on December 9, 2010. There were several issues of concern that the
Commission had and they are as
follows:
They are requesting information (what are we doing, how are we
going to do it, does the City Engineer know about our intentions) .
They are requesting documentation, specifically a plan (what are
existing conditions, what are proposed conditions, etc) .
They are asking for an inspection of the catch basin and
documentation with respects to its condition, type, depth, invert and outfall elevations.
If repairs are deemed necessary, they are requesting that it be repaired.
They are asking„ about the erosion control installation relative _
to .the tides and if concrete block will be adequate to re-establish the slope.
t . They are requesting a site meeting between the City Engineer and
a :_representative from MassDOT (Is the City Engineer comfortable with our proposal) .
* They are requesting a site meeting between the Conservation
Commission members and a representative from MassDOT.
The NOI hearing was continued at the Conservation Meeting to January 13, 2011. Since that
ri:ne, MassDOT submitted a request asking that it be continued to February 10, 2011.
Based on discussions with MassDOT personnel that attended the meeting yesterday, it is my
understanding that you will discuss our proposal with the Conservation Commission. I will
be representing MassDOT at the continuance and would like to resolve any questions or
1
concerns that either you or the Conservation Commission may have prior to the meeting.
If ,you need any additional input or information, please contact me at
(781) 641-8410.
,.Thank-you again.
Sincerely,
Andrea Norton
Environmental Analyst
.(781) 641-8410
<<NOT, "Salem.pdf>> -
a
ff
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}
Chapter 233 of the Acts of 2008
` AN ACT FINANCING AN ACCELERATED STRUCTURALLY-
DEFICIENT BRIDGE IMPROVEMENT PROGRAM.
(Excerpt)
1 �
SECTION 13. Section 61 to 621, inclusive, of chapter 30 of the General Laws,
chapter 91 of the General Laws, and section 40 of chapter 131 of the General
,
Laws shall not apply to the repair, reconstruction, replacement, or demolition by
the department of highways, pursuant to section 2, of existing state highway or
municipally-owned bridges, including the immediate approaches necessary to
connect the bridges to the existing adjacent highway or rail system, in which the
design is substantially the functional equivalent of, and in similar alignment to,
the structure to be reconstructed or replaced; provided, however, that the
provisions of said section 61 and said sections 62 to 621, inclusive, of said
chapter 30, shall apply to the repair, reconstruction, replacement, or demolition
project where such project requires a mandatory environmental impact report
pursuant to 301 CMR 11.00; provided further, that all such work shall be subject,
to the requirements of the then current edition of the department of highways'
Stormwater rHandbook as approved by the department of environmental
protection in accordance with applicable law, that notice shall be published in the
Environmental Monitor of any applications to the department of environmental
protection for a water quality certification, and that said work shall be subject to
performance standards prescribed by the department of environmental protection
pursuant to section 401 of the Federal Clean Water Act, if applicable; and
provided further, that not withstanding the foregoing, the said section 61 and said
sections 62 to 621, inclusive, of said chapter 30, said chapter 91 and said section
40 of said chapter 131 shall apply to any portions of the bridge and roadway
r
approaches to the crossing of the Charles River for the Central Artery/Tunnel
Project.
If a state highway or municipal bridge crosses over a railroad right-of-way or
railroad tracks, the department of highways shall seek the opinion of a railroad
company, railway company or its assigns operating on the track of a necessary
clearance between the track and the bridge; provided, however, that the
department of highways and their agents or contractors may enter upon any
right-of-way, land or premises of a railroad company or railway company or its
assigns for purposes that the department of highways may consider necessary or
convenient for the administration of this section. If a flagman is needed to
administer this section, the railroad company or its assigns shall provide the
flagman.
For the purposes of this section, "bridge" shall include, but not be limited to, any
structure spanning and providing passage over water, railroad right-of-way,
public or private way, other vehicular facility or other area.
Any project exempt from said section 61 and said sections 62 to 621, inclusive, of
said chapter 30, said chapter 91 or said section 40 of said chapter 131 pursuant
to this section shall be subject to the consultation process required by the then
current version of the Project Development and Design Guidebook of the
department of highways.
L p
v
.-310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.24: continued
1. for local distribution or connecting lines not reviewed by the Energy Facilities Siting
Council, the issuing authority determines that alternative routes with fewer adverse
effects are not physically or legally feasible;
r 2. adverse effects during construction are minimized using the best available measures,
which may include such equipment as Bailey-bridges and helicopters;
3. the surface vegetation and contours of the area are substantially restored;
4. When a trench is made in a salt marsh,all spoil is removed from the salt marsh upon
v excavation. Clean sand or other appropriate material shall be used to restore the level of
the trench to that of the surrounding undisturbed salt marsh. The surface vegetation shall
be restored substantially to its original condition by immediately transplanting
appropriate marsh plant nursery stock once construction is completed. Baffles of
concrete,clay or other non-parous material shall be placed in the trench,if necessary,to
prevent groundwater excursion. During the first growing season,periodic maintenance
of the marsh restoration area shall be required and shall include at least the replacement
of non-surviving transplants and the removal of al l deposits of debris and organic litter.
During construction,equipment such as Bailey-bridges and helicopters shall be used to
minimize,using best available measures,the adverse effects of construction on the salt
marsh. All vehicles shall be used only on swamp mats or in such away as to prevent tire
marks,trenches,or ruts;
5. no utility shall traverse a salt marsh unless the applicant has shown that any thermal
influence on the salt marsh of such line subsequent to the project being completed will
not alter the natural freezing and thawing patterns of the top 24 inches of the salt marsh
surface. Thermal sand,concrete or other suitable material may be used to backfill the
trench to a point no less than 24 inches below grade. Above this level,clean sand shall
be used to restore the level of the trench to that of the suTounciing undisturbed salt
marsh;
. 6. no permanent access roads shall be permitted except in designated port areas;and
7. all sewer lines shall be constructed so as to be watertight so as to prevent inflow and
leakage.
(c) Notwithstanding the provisions of 310 CMR 10.25 through 10.35,the issuing authority
may issue an Order of Conditions and impose such conditions as will contribute to the
interests identified in M.G.L.c. 131,§40 permitting the following limited project(although
no such project may be permitted which will have any adverse effect on specified habitat
sites of rare vertebrate or invertebrate species,as indentified by procedures established under
310 CMR 10.37):
Weiland Regulations—June 2009 Page 56
310CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.24: continued
e2 Maintenance and improvement ofexisting public roadways,but limited to widening
less than a single lane, adding shoulders, correcting Substandard intersections, and
improving drainage systems.
2. The maintenance, repair and improvement (but not substantial enlargement) of
structures, including buildings, piers, towers, headwalls, bridges and culverts which
�existed on November 1, 1987.
-LJ The routine maintenance and repair of road drainage structures including culverts and
catch basins,drainage easements,ditches,watercourses and artificial water conveyances
to insure Flow capacities which existed on November 1, 1987.
4. The closure of landfills when undertaken to comply with the requirements of
310 CMR 19.000; provided,however;that:
a. a project design alternative analysis shall be prepared in accordance with
310 CMR 19.150; and
b. such projects shall be designed, constructed, implemented, operated, and
maintained to avoid or,where avoidance is not practicable,to minimize impacts to
resource areas, and to meet the following standards to the maximum extent
practicable:
i. hydrological changes to resource areas shall be minimized;
it. best management practices shall be used to minimize adverse impacts during
construction, including prevention of erosion and siltation of adjacent water
bodies and wetlands in accordance with standard U.S.D.A. Soil Conservation
Service methods;
iii. mitigating measures shall be implemented that contribute to the protection
of the interests identified in M.G.L.c. 131,§40;
iv. no access road, assessment or monitoring device, or other structure or
activity shall restrict Flows so as to cause an increase in flood stage or velocity;'
V. temporary structures and work areas in resource areas,such as ace ass roads
and assessment and monitoring devices,shall be removed within 30 days of the
Department's written determination that the closure of the facility has been
completed in accordance with the closure permit. Temporary alterations to
resource areas shall be substantially restored to preexisting hydrology and
topography. Atleast 75%of the surface of any area ofdistui bed vegetation shall
be reestablished with indigenous wetland plant species within two growing
seasons and prior to said vegetative reestablishiment any exposed soil in the arca
of disturbed vegetation shall be temporarily stabilized to prevent erosion in -
accordance with standard U.S.D.A. Soil Conservation Service methods.
Temporary structures,work areas,and alterations to resource areas are those that
no longer are necessary to fulfill the requirements of 310 CMR 19.000;
vi. except for direct impacts to resource areas caused by the final cap and cover
on the landfill, no changes in the existing topography or the existing soil and
surface water levels shall be permitted,except for those resulting from temporary
access roads;
vii. work in resource areas shall occur only when the ground is sufficiently
frozen,dry,or otherwise stable to support the equipment used;and
viii. such projects shall not include the construction of new landfills or the
expansion or modification of existing landfills.
5. Airport vegetation removal projects;provided, however,that:
a. such projects must be undertaken in order to comply with Federal Aviation
Administration(FAA)Regulation Part 77(14 CFR Part 77),FAA Advisory Circular
150/5300-13 (Navigational Aids and Approach Light Systems), and FAA Order
6480.4(Air Traffic Control Tower Siting Criteria),all as amended,or to comply with
the airport approach regulations set forth in M.G.L. c.90, §§40A through 401; -
Wetland Regulations—lune 2009 Page 57
,1t r
BRIDGE EXEMPTION LANGUAGE - BOND BILL Page 1 of 1
Tom Devine
From: Frank Taormina
Sent: Monday, November 15, 2010 1:17 PM
To: Tom Devine
Subject: FW: BRIDGE EXEMPTION LANGUAGE -.BOND BILL
Attachments: + BEUpdate_C 233 Acts 2008.pdf
From: Boone, Robert (DOT) [ma IIto:Robert.Boone@state.ma.us]
Sent: Tuesday, September 14, 2010 1:01 PM
To: Frank Taormina
Cc: Loosian, Brett (DOT); Fallon, Brian (DOT)
Subject: BRIDGE EXEMPTION LANGUAGE - BOND BILL
Hi Frank,
As we discussed, I have attached the Bond Bill WPA/Ch. 91/MEPA Bridge Exemption language. The
bridge in question is on the list of State Bridge Structures and it's number is S-01-015. The repair that is
ongoing at this time is being performed from the outside of the structure. The hole we found is on the side
Of the structure, not the top. The hole is being blocked up and mortared from the outside and the
excavated area in the road will be backfilled and repaved. If you have any questions, please contact my
office.
<<+ BEUpdate_C 233 Acts 2008.pdf>>
Thank You, Boll
11
Robert L. Boone
District Environmental Engineer
MassDOT—I-Jighway Division
District 4 Office
519 Appleton Street
Arlington, MA 02476
Phone: (781) 641-8472
Cell- (617) 217-8722
Fax: (781) 646-5115
E-mail: robcrt.boon e(ir%mhd.state.ma.LIS
11/15/2010
aS
BRIDGE EXEMPTION LANGUAGE - BOND BILL Page 1 of 2
Tom Devine
From: Frank Taormina
Sent: Monday, November 15, 2010 1:17 PM
To: Tom Devine
Subject: FW: BRIDGE EXEMPTION LANGUAGE - BOND BILL
Frank'raormina
Planner/Harbor Coordinator
Department of Planning&Community Lleuelopment
City hall Amwx
120 IVashingtaa Street
.Salem,Nlussoohusetts oig7o
978-6,9-5665(phone)
978-740-0404((aa) _
www.salenucom
From: Boone, Robert (DOT) [mailto:Robert.Boone@state.ma.us]
Sent: Thursday, September 16, 2010 2:53 PM
To: Frank Taormina
Cc: Loosian, Brett (DOT); Fallon, Brian (DOT)
Subject: RE: BRIDGE EXEMPTION LANGUAGE - BOND BILL
Hi Frank,
MassDOT is in the process of developing this project for a filing. It may be a 'design as you build' situation
since there are so many variables and, as is often the case with repairs of this nature, the scope can
change as construction begins. We are working on an initial scope now and will move this forward soon.
Thank You, Bob
Robert L. Boone
DistrictEnvironmental Engineer
MassDOT-- Highway Division
District 4 Office
519 Appleton Street
Arlington, MA 02476
Phone: (781) 641-8472
Cell: (617) 217-8722
Fax: (781) 646-5115
E-mail: robert.boone(b)rnhd.state.ma.us
From: Frank Taormina [mailto:FTaormina@Salem.com]
Sent: Tuesday, September 14, 2010 2:14 PM
To: Boone, Robert (DOT)
Cc: Loosian, Brett (DOT); Fallon, Brian (DOT)
Subject: RE: BRIDGE EXEMPTION LANGUAGE - BOND BILL
Hi Bob. Thanks. This will only apply to the sink hole and emergency bridge repair right? I will expect a
Notice of Intent for the broken outfall pipe and erosion issue on the eastern side of the bridge/culvert.
11/15/2010
BRIDGE EXEMPTION LANGUAGE - BOND BILL Page 2 of 2
Frank
Prankl'normina
Plamim/Harbor Coordinator
Department of Planning&Community Deoelopntent
City Hall Armes
720 Washington Street
Sa(enr,Massachusetts 01970
978-6z9-g68,5(phone)
978-740-0404(lam)
www.salem.com
From: Boone, Robert (DOT) [mailto:Robert.Boone@state.ma.us]
Sent: Tuesday, September 14, 2010 1:01 PM
To: Frank Taormina
Cc: Loosian, Brett (DOT); Fallon, Brian (DOT)
Subject: BRIDGE EXEMPTION LANGUAGE - BOND BILL
Hi Frank,
As we discussed, I have attached the Bond Bill WPA/Ch. 91/MEPA Bridge Exemption language. The bridge in
question is on the list of State Bridge Structures and it's number is S-01-015. The repair that is ongoing at this
time is being performed from the outside of the structure. The hole we found is on the side of the structure, not
the top. The hole is being blocked up and mortared from the outside and the excavated area in the road will be
backfilled and repaved. If you have any questions, please contact my office.
<<+ BEUpdate_C 233 Acts 2008.pdf>>
"Chant:You, Bob
Robert L. Boone
District Environmental Engineer
MassDOT---Highway Division
District 4 Office
51.9 Appleton Street
Arlington, MA 02476
Phone: (781) 641-8472
Cell: (617) 217-8722.
Fax: (781) 646-5115
E-mail: robert.boonel umhd.state.ma.us
11/15/2010
Chapter 233 of the Acts of 2008
AN ACT FINANCING AN ACCELERATED STRUCTURALLY-
DEFICIENT BRIDGE IMPROVEMENT PROGRAM.
(Excerpt)
SECTION 13. Section 61 to 621, inclusive, of chapter 30 of the General Laws,
chapter 91 of the General Laws, and section 40 of chapter 131 of the General
Laws shall not apply to the repair, reconstruction, replacement, or demolition by
the department of highways, pursuant to section 2, of existing state highway or
municipally-owned bridges, including the immediate approaches necessary to
connect the bridges to the existing adjacent highway or rail system, in which the
design is substantially the functional equivalent of, and in similar alignment to,
the structure to be reconstructed or replaced; provided, however, that the
provisions of said section 61 and said sections 62 to 621, inclusive, of said
chapter 30, shall apply to the repair, reconstruction, replacement, or demolition
project where such project requires a mandatory environmental impact report
pursuant to 301 CMR 11.00; provided further, that all such work shall be subject
to the requirements of the then current edition of the department of highways'
Stormwater,Handbook as approved by the department of environmental
protection in accordance with applicable law, that notice shall be published in the
Environmental Monitor of any applications to the department of environmental
protection for a water quality certification, and that said work shall be subject to
performance standards prescribed by the department of environmental protection
pursuant to section 401 of the Federal Clean Water Act, if applicable; and
provided further, that not withstanding the foregoing, the said section 61 and said
sections 62 to 621, inclusive, of said chapter 30, said chapter 91 and said section
40 of said chapter 131 shall apply to any portions of the bridge and roadway
l
approaches to the crossing of the Charles River for the Central Artery/Tunnel
Project.
If a state highway or municipal bridge crosses over a railroad right-of-way or
railroad tracks, the department of highways shall seek the opinion of a railroad
company, railway company or its assigns operating on the track of a necessary
clearance between the track and the bridge; provided, however, that the
department of highways and their agents or contractors may enter upon any
right-of-way, land or premises of a railroad company or railway company or its
assigns for purposes that the department of highways may consider necessary or
convenient for the administration of this section. If a flagman is needed to
administer this section, the railroad company or its assigns shall provide the
flagman.
For the purposes of this section, "bridge" shall include, but not be limited to, any
structure spanning and providing passage over water, railroad right-of-way,
public or private way, other vehicular facility or other area.
Any project exempt from said section 61 and said sections 62 to 621, inclusive, of
said chapter 30, said chapter 91 or said section 40 of said chapter 131 pursuant
to this section shall be subject to the consultation process required by the then
current version of the Project Development and Design Guidebook of the
department of highways.
- , - EDF _ .PROP tY DIP .
�'n ,
PROP PRECAST REINFORPROP SIDEWALK RECONSTRUCTION
CED -
�.. `�. .t. - CONCRETE HEADWALL (SEE -
f'^ 1 CORING AVE (ROUTE IA) ATTACHED DETAIL SHE'ET)- PROP GRAVEL BORROW.FILL
_ - PROP RIP RAP -
ABAN AND PLUG PROP 12' DIP _ SPLASH PAD OVER
. _ ``EXISTING CLAY PIPE _ CEOlEX71LE FABRIC .
1 CRETE
HEADWALL (SEE ATTAACCHEPROP PRECAST D DETAILSHEET) l
- EXIST CB
-PROP. HMA SIDEWALK \
RECONSTRUCTON PROP RIP RAP (12'+ STONE SIZE) GROUND
•1 SPLASH PAD OVER GEOIDCTILE FABRIC TBI ELEV. 97.67_EXIST __ _ -
GRAN CURS yL
G?,AN CUP,B O O O I EXIST 12" CLAY
EXIST NMA SIDEWALK 1 SM2 ELEV. 96.37_�� 0°0°0° 30' (MIN) PROP SUMP ,
EXIS7 HPdA SIDEWALK 18' EXISTLp,
EXIST BRIDGE WALL T81 �' " _ 1•_2• EXIST SUBBASE
- Sm 2
SEE IN DETAIL BELOW 2 - 1B3
ssL SECTION VIEW
HOR SCALE IN FEET - ao _ .
N.T.S.
—20 0 -.20 40 9
1 , - PROP MASONRY PROP 12' DIP -
` PLUG CLAY PIPE CB _ .
GRAN CURB
y 1 PROP HMA aI PROP PRECAST REINFORCED -
- , SIDEWALK CON HATTACHED EADWALL
N
L SHEM
s I y
1 I GUARDRAIL -
EXIST BRIDGE WALL
O O O
1'-2' o°0 0°0 RETAIN GUARDRAIL POSTS
0°0°0
PROP RIP RAP (12't STONE SIZE) NOTES:
' y_3' SPLASH PAD OVERGEOTEXTILE FABRIC 1. ALL WORK TO BE DONE ABOVE MEAN HIGH
r WATER LEVEL OR TOP OF BANK (TB).
2. EROSION CONTROL WILL BE INSTALLED PER
DIRECTION OF AGENT.
3. WETLAND DELINEATION LAID OUT BY AECOM
x s 2 792 ENVIRONMENT (TERRY E. GENSEL, SENIOR
HDR. SCALE.IN FEET - SMI - - WETLAND SCIENTIST). . -
-4 G 4 e ' All 4. FIELD SURVEY CONDUCTED USING GPS UNIT.
All II, - ACCURACY LIMITED TO TOLERANCES OF DEVICE.
ROUTE 1 A ,(LORING AVE)
OT MAINTENANCE & REPAIR OF OUTFALL OVER FOREST RIVER
Massachusetts Department of Transportation - - SALEM
Highway Division
SHEET 1 OF 1
EOP
\ ' PROP GRAN OR PROP SIDEWALK RECONSTRUCTION
\ CONC BLOCKS TO
\ m CORING AVE (ROUTE 1A) STABILIZE SIDEWALK PROP GRAVEL BORROW FILL
A
• PROP RIP RAP
ABAN AND PLUGI. SPLASH PAD OVER DOSTING CLAY PIPE PROP 12' DIP GEOTE)MLE FABRIC
PROP GRAN CURB OR CONC
\, 1 BLOCKS TOSUPPORTSIDEWALK
PROP HNA SIDEWALK ` g• ��
REC 7MUCTION \ -- _
1 , PROP RIP RAP SPLASH PAD TBI ELEV. 97.87 EXISTRO
GUND___ ._
GRAN CURB OVER GEOTEKTLE FABRIC
GRAN CURB � °° O O°o° EXIST CB
7
EXIST HMA SIDEWALK \ - SM2 ELEV. 98.3
EXIST SUBBASE
EXIST HMA SIDEWALK f 2•_3•
EXIST BRID E WALL TBI ,
z SM 2 PROP 12' DIP
SEE INSET DETAIL BFLOW 7B3
o ,Ib SM3 4 - - -
PF� all, SEC110N VIEW
HOR. SCALE IN FEET P
N.T.S.-20 0 20 40 _
\\ \\ .PLUG CLARY PAPE CB, PROP 1Y DIP
1 \ GRAN CURB - -
\ 1
PROP GRAN CURB OR
\ \ CONIC BLOCKS TO >- -
P DSIL'MROP "AlK -SUPPORT SIDEWALK -
\ A \ x
� i w
GUARDRAIL -
\
\ 1 EXIST BRIDGE WALL
T�1 °°0,909°° °o -
O°O°°°O°O°O°
RETAIN POSTING - o°o°o°o°o°o
- - GUARDRAI POSTS 000000°o°o -
- - PROP RIP RAP NOTES:
SPLASH PAD OVER 1. ALL WORK TO BE DONE ABOVE MEAN HIGH
o GEOTEXTILE FABRIC WATER LEVEL OR TOP OF BANK (TB).
2. EROSION
CTION CONTROL WILL BE INSTALLED PER
DIRF AGENT.
3. WETLAND DELINEATION LAID OUT BY WETLAND
HOR. SCALE IN FEET A SNI 2 T82 SPECIALIST. -
-4 0 4 e II 4.'FIELD SURVEY CONDUCTED USING GPS UNIT.
all, ACCURACY LIMITED TO TOLERANCES OF DEVICE.
6111
ROUTE 1A (LORING AVE)
OT MAINTENANCE & REPAIR OF OUTFALL OVER FOREST RIVER
; Massachusetts Department of Transportation SALEM
Highway Division
SHEET 1 OF 1