57 ORNE STREET - CONSERVATION COMMISSION owl,
)A - .City of Sak n YkAL
r„ Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
,for ms on the Salem
computer, use ".' Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the City of Salem, Cemetery & Shade Tree Dept. Same
return key. :l ,• •Name Name
k 57 Orne Street
s: Mailing Address Mailing Address
t Salem MA 01970
City/Town State Zip Code Ciy/rown State Zip Code
mn r
r 1: . Title and Date of Final Plans and Other Documents:
4
t
Title Final Date(or Revised Date if applicable)
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Date Request Filed:, -
e
May 1, 2004
B. Determination
Pursuant to the authority of M.G.L.c. 131,§40, the Conservation Commission considered your Request
` 11 for Determination of Applicability,with its supporting documentation, and made the following Determination.
a o
Project Description (if applicable):
x Aquatic management program conducted on Sargent Pond and the Fountain Ponds, located on the
grounds of the Green lawn Cemetery.
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-f Project Location:
57 Orne Street Salem
Street Address City/Town
27 ' - 0571
• a , + Assessors Map/Plat Number Parcel/Lot Number
NPA Form 2 Page 1 of 1
Rev.02/00'°
.fir. . .
�., Massachusetts Department of Environmental Protection
a** Bureau of Resource Protection- Wetlands
WPA Form 2 — Determination of Applicability
t = Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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B. Determination (cont.)
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The following Determination(s) is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
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s ' Positive Determination
„ Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been
S received from the issuing authority(i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
* plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
_ Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act
i'
,Y t and its regulations regarding such boundaries for as long as this Determination is valid.
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❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination
IA; ` or to the Request for Determination.
" � 1
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❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
�6 protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
6 ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
a Notice of intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
i
- Name of Municipality
3 a Pursuant to the following municipal wetland ordinance or bylaw:
' Name - Ordinance or Bylaw Citation
, k
WPA Fom 2, Page 2 of 2
Rev.0=0,
'\ Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
rt WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
t -
1 Q❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
s must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
t .a ❑ Alternatives limited to the lot on which the project is located.
4 ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
" g' ❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
- region of the state.
t Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
• ❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
t ,
WPA Forth 2 Page 3 of 3
Rev.02/00
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands
WPA Form 2 - Determination of Applicability
G
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
t ❑ 5. The area described in the Request is subject to protection under the Act. Since the work
r 1 described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
il ❑ 6. The area and/or work described in the Request is not subject to review and approval by:
r . . .. 1 . ...
a,= - Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
+ ❑ by hand delivery on by certified mail, return receipt requested on
3 June ISI) �Or7�(
r A,. Date Date
a, R
c
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
r _
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
r to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the
applicant). • Signatures::
4 e
Inc- Iii, 2-00y
Date
WPA Form 2
Rev.02/00 . " „ . Page 4 o14
x ,
Massachusetts Department of Environmental Protection
UN Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Ii°D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the
land upon which the proposed work is to be done, or any ten residents of the city or town in which
such land is located, are hereby notified of their right to request the appropriate Department of
Environmental Protection Regional Office (see Appendix A)to issue a Superseding Determination of
Applicability. The request must be made by certified mail or hand delivery to the Department, with the
t appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action
Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of
issuance of this Determination.A copy of the request shall at the same time be sent by certified mail
or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not
- on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental
Protection has no appellate jurisdiction.
7 .4
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WPA Farm 2
Page 5 of 5
Rev.02x00
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item 4 if Restricted Delivery is desired. ❑Agent
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so that we can return the card to you. B-Received by(Printed Name) ---,•G:-f)ate.nLD livery
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or on the front if space permits. '+
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P$Formy3811,August 20011 11 Domestic Return Receipt r 102595-02-M-1560
UNITED $TATES.POSTAL SERVICE First-Class Mail
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• Sender: Please print your name, address, and ZIPti in this box
A
Salem Conservation Commigolon `
d $i 120 Washington Street,aro FI
Salem,MA 01070
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■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes I
1. Article Addressed to: If YES,enter delivery address below: 0 No
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3. Service Type
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0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7002 2410 0002 0021 6212
(Transfer from service label)
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• Sender: Please print your name, address, and ZIP+4 in this box
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Salem Conservaton Commission
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120 Washington Street,3rd H J[_IN 1 f 20x4
Salem,MA 01970
1�_RPee:l®1P®_ �
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Dominic Meringolo
Environmental Engineer
-
. . 11 John Road
Sutton,MA 01590-2509
+. <• (508)865-1000
Fax(508)865-1220
" E-mail:DMaringclo@aquaticcontrolte h.com _
• ` www.aquaticconuotteohccm
`ortRo` rEcyy� Aquatic Control Technology, Inc.
e g'< 11 John Road • Sutton, MA 01590-2509
n Telephone (508) 865-1000 • Fax (508) 865-1220
E-mail: info@aquaticcontroltech.com
/,�, `` /Date SIG 109
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MAY 10 2004
Signed: DOryurv'c
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e g'< 11 John Road • Sutton, MA 01590-2509
n Telephone (508) 865-1000 • Fax (508) 865-1220
E-mail: info@aquaticcontroltech.com
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... Signed: VC)(V u-' c
REQUEST FOR DETERMINATION
OF APPLICABILITY
FOR AN AQUATIC MANAGEMENT PROGRAM AT
GREENLAWN CEMETERY
1 Salem,Massachusetts
May, 2004
s - Prepared for:
City of Salem
Cemetery/Shade Tree Department
57 Orne Street
Salem,MA 01970
Prepared by:
Aquatic Control Technology,Inc.
11 John Road
Sutton,MA 01590-2509
8
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Massachusetts Department of Environmental Protection Salem
Bureau of Resource Protection -Wetlands city/Town
WPA Form 1 - Request for Determination of Applicability
. A' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: -
"_ When filling out 1. Applicant:
forms on the City of Salem -Cemetery/Shade Tree Dept.
computer, use Name E-Mail Address(if applicable)
only the tab key
to move your 57 Orne Street
- cursor-do not Mailing Address
use the return Salem MA 01970
key. Cityfrown State Zip Code
P
978-745-0195
. rd Phone Number Fax Number(if applicable)
2. Representative (if any):
Aquatic Control Technology Inc.
Firm
Mr. Gerald Smith info@AquaticControlTech.com
Contact Name E-Mail Address(if applicable)
11 John Road
Mailing Address
_* Sutton MA 01590
„ Cityrrown State Zip Code
508-865-1000 508-865-1220
-IA Phone Number Fax Number(if applicable)
s�
B. Determinations
1. I request the Salem make the following determination(s). Check any that apply:
Conservation Commission
r
❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to
4 jurisdiction of the Wetlands Protection Act.
❑ b.whether the boundaries of resource area(s)depicted on plan(s) and/or map(s) referenced
below are accurately delineated.
® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
y
Salem
Name of Municipality
a ❑ e. whether the following scope of alternatives is adequate for work in the Rivertront Area as
r - depicted on referenced plan(s).
WPA Forint Page 1 of 4
Rev.02100 -
It
Massachusetts Department of Environmental Protection Salem
W Bureau of Resource Protection - Wetlands City/rown
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
Gfeenlawn Cemetery (Sargent& Fountain Ponds) Salem
a ` Street Address City/rown
24- OSS1
Assessors Map/Plat Number- Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Aquatic Management Program conducted on Sargent Pond and the Fountain Ponds located on the
grounds of the Greenlaw Cemetery
� " P
L
c. Plan and/or Map Reference(s):
Title - Date -
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
' See Attachment A
a
J.g d
I
J
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work(use additional paper, if
y; necessary).
No permanent alterations to the resource area. Property is entirely under the ownership and control
of the City of Salem. No offsite impacts are anticipated.
{'-WPA For.1 Page 2 o(4
°r Rev.02/00
Massachusetts Department of Environmental Protection Salem
Bureau of Resource Protection - Wetlands c'tyfrown
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
` Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
_ ❑"Project, other than a single family house or public project,where the applicant owned the lot
•� before 8/7/96
❑ New agriculture or aquaculture project
r- rw ❑ Public project where funds were appropriated prior to 8/7/96
�p
e ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
�
El Municipal project
❑ District, county, state, or federal government project
r "
E] Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S.Army Corps of Engineers or 401 Water Quality
„ Certification from the Department of Environmental Protection. _
IP
b. ° Provide evidence (e.g., record of date subdivision lot was recorded)supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
1
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WPA Fo.1 Page 3 of 4
Rev.02/00
R e
MENNEN
10-23-2002 1 :50AM FROM GREENLAWN CEMETERY 19787417041+ R. 1
May 05 04 08:48a aquatic control tech 508 885-1220 P.6
MassachusettsDepartment-ofEnvironmental Protection Saler"
Bureau Df Reworce Protection-Wetlands csy town
WPA Form 1--Request for Determination ofApplicability
Massachusetts Wetlands Protectitm Act M.G.L:c. 131,40
D. Signatures an4SubmitW Requitements
i herebyc�rtlfyunderJttepenallies of perjury that the foregoing Request for Determination of Applicability
and accompanying plana documents,and supporting data are true and complete to.the best of my
. knowledge.
I further certify that the property Owne(,if different from the applicant:and the appropriate DEP Regional
oftico.(saaftppen x-A)vA"genta orunWatecdpy of this Request,(includina aU approDrlate
documentation)Simattaneouslgwith the-submittal of this Request to ft Conservation Commission.
Falun by:tha applicant to send copies In a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the properly owner-
City of Salem-Cemetery andShede Tree Department —
Nune
57 One Street ------.�—
4 Mailing Address
Salem
cityrtrnRn
MA 01970
State - `Zip:Coda
u Y r
Sign5tures:
.1 atso.unoeretand that auliGtsGon..nf Request will be placed N a Local wspaper at my expense
w inace dancerwittrS>3ctioot0.05(3 )(1)ofthe Wetlands Protee0 egulations.
� S d
`Sig atme of RePmWt2VW Pf d,^Y Dais —.
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napaga
Re..07Nn .
Attachment A - Project Description
Greenlawn Cemetery, bordered by Orne Street, Sargent Street, Appleton Street and
Liberty Hill Avenue, is an important landmark in the City of Salem. The two ponds
located within the cemetery, Sargent Pond and Fountain Pond, are highly eutrophic (high
biologic productivity). Sargent Pond is approximately 5-acres with a mean depth of 3-4
feet, while the Fountain Pond is about 0.2-acres with a mean depth of 4-feet. These
ponds demonstrate extremely dense growth of nuisance algae and aquatic weeds on a
seasonal basis, given their shallow, nutrient conditions.
The City, though its Cemetery/Shade Tree Department has been managing nuisance
growth at these ponds through a program of aeration and chemical treatment. There are
currently two fountain aerators in each of the ponds providing valuable oxygen and water
circulation. The City wishes to continue the successful program under an approved
Negative Determination of Applicability issued by the Salem Conservation Commission.
Without this program, the ponds would suffer from dense growth of nuisance algae and
eaquatic weeds (both rooted & floating) throughout the spring, summer and fall. Dense
growth such as this is not only aesthetically displeasing to the patrons of the cemetery,
but can also degrade water quality, reduce dissolved oxygen levels, cause fishkills and
create odors and other possible public health issues.
We are again recommending a management program utilizing aeration and chemical
treatment with USEPA/State registered aquatic algaecides. Based on the algal species,
we plan to use the Captain® algaecide. Captain® is a copper based algaecide which,
when applied by professionals in accordance with the label directions, provides good
control of the algae while posing a negligible risk to non-target organisms. In the event
that algal species change, we may employ the use of Hydrothol®, a non-copper
(endothall based) algaecide, or buffered alum, to inactivate and remove phosphorus from
the water. If rooted and floating aquatic macrophytes become problematic we will use
the registered aquatic herbicide Reward® (Diquat) and Sonar® (fluridone). Information
on these products is attached for your information.
a
During the summer months, when treatment(s) occur, both ponds exhibit little or no
outflow. Prior to any chemical application, a permit (License to Apply Chemicals) will
be filed with the MA DEP, Office of Watershed Management. A copy of that approved
license would be forwarded to the Conservation Commission upon request. All
applications are conducted by Aquatic Control staff licensed in the State of
Massachusetts. A pre-treatment survey of the pond will be performed annually in late
May to identify and evaluate algal/plant species and densities.
As this is an on-going management program, we request a three-year or longer approval
for this project. Treatment will be conducted only as necessary and as part of a
monitoring/management program. No significant changes to the program will be made
without contacting the Conservation Commission.
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Name:SALEM Location: 042°32' 12.8" N 070°54'14.2 W
> Date:5/3/2004 Caption:Greenlawn Cemetery
Scale:,l inch equals 2000 feet
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CITY OF SALEM
CONSERVATION COMMISSION
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City of Salem
Conservation Commission
Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands
Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance
Pertaining to General Wetlands at the request of the City of Salem Cemetery & Shade Tree Dept,
57 Ome Street Salem, MA. The purpose of this hearing is for a determination of work related to
the aquatic management program conducted on Sargent Pond and the Fountain Ponds located on
the grounds of the Greenlawn Cemetery. This hearing will be held on Thursday, May-2-7, 2004
at 6:00 p.m. in Room 313, third floor at 120 Washington Street. tQ- w
evin P. Corn?MCI
Chairman
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May 20, 2004
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Please send bill to:
City of Salem
Cemetery& Shade Tree Department
57 Orne Street
Salem, MA 01970
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978-745-0195
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1n WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM