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310 CMR 10.99 DEP File No.
L 64-279
Form 9 (To be provided by DEP)
City/Town SAlem
Applicant Anthony .-Termyn.
Commonweal th '
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, §40
e.
From Salem Conservation Commission Issuing Authority
To - Anthony Jermyn Sama
(Name of Applicant) (Name of property owner)
Address 50 Ravenna Ave. Address
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
❑ by certified mail, return receipt requested on (dace)
This project is located at 5U Ravenna Ave.
The property is recorded at the Registry of Essex
Book Page
r
Certificate (if registered) 69081
The Notice of Intent for this project was filed on 5/u/98 (date)
The public hearing was closed on q, (date)
Findings
The Commission has reviewed the above-referenced Notice of lntenT aro plans and has
held a public hearing on The project. Based on the information available to the Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water supply Flood Control land containing shellfish
Private water supply Storm damage prevention fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted 305 State Share 140
(1/2 fee in excess of $25)
City/Town Share 165
Total Refund Due s City/Town Portion 5 State Portions
(1/2 total) (1/2 total)
1
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulations, tc protect those interests checked above. The Commission
orders that all work shall be performed in accordance with said 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.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke
or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of
private rights. .
3 . This Order doesnotrelieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes ordinances, by-laws or regulations .
a . 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
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the Order.
6 . Any gill usedzn -connection with this project shall bt clean fill,
containing no trash, refuse, rubbish or Febris, including but not limited
to lumber, bricks, plaster, wire, lath, paper, cardboard, nine, tires,
ashes, refrigerators, motor vehicles or parts of any of the foregoing.
7 . No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed. -
8 . No work shall be undertaken until the Final order 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 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 to be done. The recording informatin shall be
submitted to the comm :cc;nn on the form at the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
File Number 64-279
10. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding order, the Conservation
Commission shall be a party co all agency proceedings and hearings be'--ore
the Department.
5-2
downgradient of the staked haybale line.
11. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding or
broadcast seeding will be initiated no later than September 15.
12. City Engineer shall be contacted within one week and shall be required to approve plans.
13. Ten foot bufferzone between base of slope and wetlands shall become a A No Cut/No
Disturbance Zone.
14. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\concom\ooc\ravenna50
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS - DEP FILE#64-279
ADDRESS: 50 Ravenna Ave
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation. '
3. Upon completion of the project, the applicant shall submit, with the request for a
Certification of Compliance, an affidavit,prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described in the Notice of Intent and accompanyingals art thereof. In the event
P Y
P or P
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Prior to commencement of construction activity, a haybale barrier shall be placed
downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be
anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited
on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing
signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper
functioning condition until all disturbed areas have been stabilized.
6. Geotextile silt fence to be installed upgradient of wall. Additional erosion and
sedimentation control measures deemed necessary by the Commission shall be instituted by the
applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to
the Commission. Such areas shall be restored to the satisfaction of the Commission.
7. Equipment servicing must be conducted outside the buffer zone. Equipment must be
maintained to prevent leakage or discharge of pollutants.
8. *No spill or discharge of petroleum products or other pollutants will occur within 100
feet of any wetland resource area.
9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing, the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible
for insuring that operations are conducted in compliance with this Order.
10. *Minimal pruning and no removal of any buffer zone or wetland vegetation will occur
Issued By Sale Conservation Commission
Sig ture(s)
This Order must be signed by a majority of the Conservation Commission.
On this z � day. of May 19 98 before me
personally appeared the above mentioned to me known to be the
person-described in and who executed the foregoing instrument and acknowledged
that,"cutede as his/her free act -' L LE
NaCary PublicMy Commissbn E>pims Nov IZ 2004
NotarMy commission expires
The applicant, the owner, any person agrrieved by this Order, 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 rctified of their right to request the Department of Environmental Protection to issue a Superseding
r delivery Order, providing the request is made by certified mail or hand delie y to the e Deparimen[, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CXR 10.03(7), within ten 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 hard delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the prior to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded lard, the instrument number which identifies this transaction is
if registered lend, the document nurioer which identifies this transaction is
Signature Applicant-
5-4A
11. Upon completion of the work described herein, the applicant $hall
forthwith request in writing that a Certificate of Compliance be issued
stating that' the work has been sacisfactorily completed.
12. The work shall conform to the following plans and special conditions :
Plans:
Title Dated Signed and Stamped by: On File with:
Permit Site Plan 5/14/98 Talaoko. IP-P.- S S'_C_
Special Conditions (Use additional paper if necessary)
See Attached
(Leave.SDace Blank) .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3:.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6780
DEP File No.
(To he provided by DEP)
Form 3
City(fown Salem
. Applicant Anthony Jermyn
Commonwealth Department of Defense
of Massachusetts United States of America
Notice of Intent
Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location: Street Address 50 Ravenna Avenue
Lot Number Tax Map 8,Lot 7
2. Project: Type Residential Description Construction of a boulder will and grading to facilitate
the stabilization of a fined slope within 100 feet of bordering vegetated wetland and removal of fill from
the altered wetland resource area
3. Registry: County Essex South Current Book &Page
Certificate(if Registered Land) 69082
4. Applicant AnthonyJermyn Tel. (978)250-8585
Address 50 Ravenna Avenue Salem,MA 01970
5. Property Owner Anthony Jermyn Tel. (978)250-8585
Address 50 Ravenna Avenue Salem,MA 01970
6. Representative Hancock Environmental Consultants Tel. (978)777-3050
Address 235 Newbury Street Danvers,MA 01923
7. a. Have the Conservation Commission and the Department's Regional Office each been sent,by certified mail
or han deliver, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes IV I Non
b. Has the fee been submitted? Yes d No
c. Total Filing Fee Submitted $305
d. City/Town Share of Filing Fee 5165 State Share of Filing Fee 5140
(sent to City/town) (1/2 of fee in excess of$25,sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? Yes No El
4/5/96 310 CMR-411
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued 66780
8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes No❑
Obtained: Applied For: Not Anolied For:
Drainage Alteration Permit N/A N/A
9. Is any portion of the site sub' to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130,
§ 105? Yes❑ No
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter
of Exhibit Title,Date
A Permit Site Plan,50 Ravenna Avenue,Dated 5/12/98
B Locus Map—USGS Lynn and Salem Quadrangle—
C 1-3 Abutter List,Notification and Affidavit of Service
D 1-2 Fifing Fee Calculation Sheet and Statement
E Project Narrative
11. Check those resource areas within which work is proposed:
kt
(a) IJ Buffer Zone ❑ Riverfiont Area
(b) Inland: Land Subject to Flooding
❑ Bank* ❑ Bordering
Bordering Vegetated Welland* ❑ Isolated
❑ Land Under Water Body&Waterway*
(c) Coastal:
❑ Land Under the Ocean* ❑ Designated Port Area*
❑ Coastal Beach* ❑ Coastal Dune
❑ Barrier Beach* ❑ Coastal Bank
❑ Rocky Intertidal Shore* ❑ Salt Marsh*
❑ Land Under Salt Pond* ❑ Land Containing Shellfish*
❑ Fish Run*
* Likely to involve U.S. Army Corps of Engineers concurrent Jurisdiction. See General Instructions for
Completing Notice of Intent.
4/5/96 310 CMR-412
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6780
12: Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-
Listed Rare Wetlands Wildlife(if any)published by the Natural Heritage and Endangered Species Program?
Yes ❑ No Date printed on the Estimated Habitat Map
No Map Available ❑ (if any) Salem& Lynn Quad,1997-98 edition
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program
via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees
delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation
commission and the DEP regional office?
Yes ❑ No ❑
° If yes, please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered
Species Program.
Part II:Site Description
Indicate which of the following information has been provided(on a plan, in narrative description or calculations)
to clearly,completely and accurately describe existing site conditions.
Identifvine
Number/Letter
of Exhibit Natural Features
Soils
A Vegetation
A,B Topography
B Open water bodies(including ponds and lakes)
B Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
A Boundaries of resource areas checked under Part 1, item 11 above
Other Title:
Man-made Features
A,B Structures(such as buildings,piers,towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels(with inverts),dams and dikes
Subsurface sewage disposal systems
Underground utilities
4/1/94 310 CMR-413
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6780
A Roadways and parking areas
A Property boundaries,easements and rights-of-way
Other Title:
Part III:Work Description
Indicate which of the following information has been provided(on a plan, in narrative description or calculations)
to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I,
item I I above.
Identifying
Number/Uner
of Exhibit Planview and Cross Section of:
A Structures(such as buildings,piers,towers and headwalls)
Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
Subsurface sewage disposal systems and underground utilities
A Filling,dredging and excavating, indicating volume and composition of material
Compensatory storage areas,where required in accordance with Part III, Section 10.57(4)
of the regulations
Wildlife habitat restoration or replication areas
Other Title:
Point Source Discharge
Description of characteristics of discharge from point source (both closed and open
channel)when point of discharge falls within resource area checked under Part I, item I I
above, as supported by standard engineering calculations, data and plans, including but
not limited to the following:
1. Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak runoff from the drainage area, at the point of discharge, for at least the 10-
year and 100-year frequency storm;
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part I, item I I
above;
4. Estimated water quality characteristics of pre-and post-development runoff at the point of discharge.
4/1/94 310 CMR-414 '
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued #6780
Part IV: Mitigating Measures
1, Clearly, completely and accurately describe, with reference to supporting plans and calculations where
x necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each resource area
specified in Part II or Part III of the regulations;or
(b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations
do not apply.
Coastal Resource Area Type: Identifying
Number/Letter of
Inland Borderin Vegetated Wetland Su rt Documents
The applicant proposes to remove all existing fill within the wetland resource Project Narrative
area primarily between wetland flag#A4 through flag#A9. AB materials win
be deposited onto the existing slope to be stabilized. Material will be removed
by an excavator. The resource area will be seeded with a wetland conservation
mix and wetland shrubs will be planted along the wetland edge.
LlCoastal Resource Area Type: Identifying
❑ InlandNumber/Letter of
N/A Su rt Documents
4/1/94 310 CMR-415
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued ##6780
Coastal Resource Area Type: Identifying
F-1 Inland Number/Letter of
N/A Support Documents
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not
alter an area specified in Part I,Section 10.02(I)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the
performance standards established for the adjacent resource area, specified in Part R or Part III of these
regulations.
Coastal Resource Area Type Bordered Identifying
By 100-Feet Discretionary Zone: Number/Letter of
Inland Bordering Vegetated Wetland Support Documents
i The applicant proposes to construct a boulder wall at the base of the filled slope A.Project Narrative
to ensure stabilization of the slope and prevent sediments from entering the
resource area.
4/1/94 310 CMR-416
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
10.99: continued 1 #/6780
- Part V: Additional Information for a Department of the Army Permit
„ 1. COE Application No.
(to be provided by COE)
2.
(Name of Waterway)
3. Names and Addresses of property owners adjoining your property: See
4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that
would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 81/2" x 11"drawings in planview and cross-section,showing the resource area and the proposed activity within
the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be issued
Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston,
Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management
Program,the applicant certifies that his proposed activity complies with and will be conducted in a manner that is
consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public record
through issuance of a public notice. Disclosure of this information is voluntary;however, if necessary information
is not provided,the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of pequry that the foregoing Notice of Intent and accompanying
plans,documents and supportin are true and complete,to the best of my knowledge.
`i
Signature of AqGnt Date
" J_/iy�9
Si ture of Appliq�Af s Representative Date
"Exception to ENG Form 4345 approved by HQUSACE,6 May 1982"
"This document contains a joint Department of the Army and State of
Massachusetts application for a permit to obtain permission to perform
activities in United States Waters. The Office of Management and
Budget(OMB)has approved those questions required by the US Army
Corps of Engineers. OMB Number 0702-0036 and expiration date of 30
September 1983 applies." This statement will be set in 6 point type.
4/1/94 310 CMR-417
46780 Exhibit B
Locus Map: 50 Ravenna Avenue
Source: USGS Salem & Lynn Quadrangle — 7.5x 15 minute
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#6780 Exhibit C-1
Abutter List
8 5 George&Jane Scott 45 Ravenna Ave. Salem,MA 01970
- .
8 6 Ernest&Gladys Tedford/ 47 Ravenna Ave. Salem MA 01970
' Benjamin&Jean Hernando
8 8 City of Salem One Salem Green Sale MA 01970
8 9 Rrchazd&Lisa Jermyn 46 Ravenna Ave. Salem MA 01970
8 29 ? Amenta Messina Deschamps 305 N. Pompano Beach Blvd. Pompano Beach F7. . 33062-5137 ?
#510
8 1 DiBiase Salem Rity Trust 10 Lookout Tett. Lynnfield,MA Ol
__.__ _ _:.. 940
#6780 Exhibit C-3
Affidavit of Service
Under the Massachusetts Wetlands Protection Act
(to be submitted to the Massachusetts Department of
Environmental Protection and the Conservation Commission
when filing a Notice of Intent)
I, Julie Parrino hereby certify under the pains and penalties of perjury that on
[I`yk I gave notification to abutters in compliance with the second
paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to
Abutter Notification dated April 8, 1994, in connection with the following matter:
v A Notice of Intent filed under the Massachusetts Wetlands Protection
Act by Anthony Jermyn with the Salem Conservation
Commission on for property located at
50 Ravenna Avenue
The form of the notification, and a list of the abutters to whom it was given and their
addresses, are attached to this Affidavit of Service.
Name Date
#6780 Exhibit D-1
Wetlands Filing Fee Calculation Worksheet
For Notices of Intent Filed under the Massachusetts Wetlands Protection Act(G.L. Ch. 131, Sec. 40)"
Category 1 $55 Per Activity $ # b Const uctim of Each Building within Commercial,
a. Existing House/Residential Let(addition,deck,garage,pool, Industrial, Institutional, or Apanmmt/Condo/Cownhouse
shed or driveway) P f, Development (including: site preparation, retortion/deten-
tion basins, septic systems, parking lots, utilities, point
b. Site Preparation (each Single Family House (SFH) lot; source discharges. Package sewage treatment plants, road-
ways/driveways-except under 10.53(3e)if under single N01)removal of vegetation, excavation grading whore house
construction is not proposed under same N01) 55 1
- c. Each Roadway/Driveway Crossing(if not reviewable under
a Control of Nuisance Vegetation (removal, herbicides, etc; 10.53(3e)or associated with SFH)
M lot under 10.53(4)) d Hazardous Waste Cleanup(except as in Cat 4)
d remora AImprovement (ends 10.53(4); other than
removall rea of aquatic nuisance vegetation) TOTAL CATEGORY 3 ACTIVITIES
'e. Septic System (or any part thereof, construction, replace- Category 4 $725 Per
vfty
mart,upgrade)
f. Monitoring Wells(installation activitiesa. Each Roadway/Driveway Crossing (under 10.53(3e)ivities except access road) associated with commercial, industrial, hnstihdional
g New Agriahtnal or Aepuaenhural Projects development or residential subdivision construction)
TOTAL CATEGORY 1 ACTIVITIES
b. Flood Control Structures(construction,repair,maintenance)
$55
c. Landfills(public&private);creation,mandarance,operation)
Category 2 $250 Per Activity
it Sand and Gravel Operations (creation, maintenance,
a. Construction of Each New SFH(including site preparation, upon)
retentiom/detention basins,utilities,septic systems,roadway/
driveway except under 10.53(3e},under single NOI) e. Railroad Limes(new or extensions of existing)
^ b. Parking Let(any size) f. Bridges(construction,reconstruction,expansion,mamtcamw,
c. Beach Nourishment(placemen sand
of ) except for a SFH Lot)
g Alteration of Resource Area to Divot Water(associated with
` d Coastal Activities (pursuant to 10.24(7a-c) (including hazardous waste cleanup, nonexennpt mosquito control
electric generating facilities,public utilities,limited projects projects, other purpose not identified elsewhere in this
e.g.: repair/ maintenance of existing piers, buildings, schedule)
culverts))
h. Dredging Activities in Water Bodies(except associated with
e. Limited Project Aetivitiea(in 10.53(d and f•0;per footprint) new dock,pier mother structure)
f. Each Driveway Crossing(associated with a SFH pursuant to i. Package Sewage Treatment Plant (construction; discharge
10.53(3e))
from)
g Any Point Source Discharge TOTAL CATEGORY 4 ACTIVITIES
h. Control of Nuisance Vegetation(under 10.53(4);except on a
SFH Lot) Category 5 S2/linear ft. (Wntia $1000maa)
i. Raising or Lovering Surface Water Levels a. Dodos, Pias, Revetmeds, Dikes or Other Engineering
Structures (construction, reconstruction, repair, or
j. Any Other Activity not described in Cat 1,3,4 and 5 250 1 replacement;coastal or inland;including placement of rip-rap
or other material)
TOTAL CATEGORY 2 ACTFVCI'IES $250
TOTAL CATEGORY 5 ACTIVITIES
Category 3 $525 Per Activity
TOTAL FILING FEE $305
a. Site Preparation for Development (except SFH; including
removal of vegetation, excavation & grading when actual
construdim not proposed under same NOq Person Calculating Fee Schedule Julie Parrino
Address 235 Newbu St Danvers MA 01923
Telephone 978
_ Signahue � Date ,5 ci y -
� o
'Categories as in 310 CMR 10.03(7)(c);Fees as in 801 CMR 4.02
#6780 Exhibit D-2
Hinz Fee Statement
The applicant proposes to construct a boulder wall to facilitate in the stabilization of the
filled slope within 100 foot buffer zone to bordering vegetated wetland. Proposed work also
included removal of fill within the resource area. Activities are in Category lb., $55, and 2j. of
the MACC Filing Fee Calculation Worksheet.
Activities total $305 of which $165 is allocated to the City of Salem and $140 is allocated to the
Commonwealth of Massachusetts.
1
#6780
NOTICE OF INTENT FEE TRANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND WATERWAYS
Notice of Intent(NOI)Applicant Property Owner
Name Anthony Jermyn Name Anthony Jermyn
Street 50 Ravenna Avenue Street 50 Ravenna Avenue
City/Town Salem City/town Salem
State MA Zip Code 01970 State MA Zip Code 01970
Phone Number (978)250-8585
Project Location: Street/Lot Number 50 Ravenna Avenue
City/Town Salem
DEP File Number(if available)
NOI Filing Fee Disputed Fee
Total NOI Filing Fee $305 Total Disputed Fee
(as determined in Notice of Insufficient Fee letter
from conservation commission)
State Share of Filing Fee $140
(1/2 of fee in excess of$25.00)
City/Town Share of Filing Fee $165 State Share of Filing Fee
(1/2 of total disputed fee)
City/Town Share of Filing Fee
(1/2 of total disputed fee)
Instructions
1. Send this Fee Transmittal Form with a check or money order, payable to the Commonwealth of Massachusetts,
to the DEP Lock Box at:
Department of Environmental Protection
Box 4062
Boston,MA 02211
2. Attach a copy of this form to the Notice of Intent submitted to the local Conservation Commission.
3. Attach a copy of this form and a co0v of the DEP check to each of the Notice of Intent forms submitted to the
DEP regional office.
4/5/96 310 CMR-440
M.JERMYN NORTH SNORE BANK
ANTHONYA THNNA AVENUE PTH SH, ROiB
SALEM, MA 01970 Av1Nrz0d 3034
PAYTO
1HE OPDEq Date 5/13/98-
° City of Salem $ ....165.00
One hundred sixty-five and 00/100................................................
DOLLARS '
�r twe.
The City Of Salem
Bill#05239
Memo Conservation filing fee
w
1: 21137129131: 800608987 4up
1�\\i ANTHONY M.VE JERMYN NORTH SHORE BANK
SALEM,
MA 01970
�'I MAoI 3035
SALEM, p1A 01910 �I��ltp
' PAYTO
NEOa°Ea Date 5/13/98
Commonwealth of Massachusetts $ ....140.00
One hundred forty and 00/100'••••••••••••••••••••••••..................••••....•.
= DOLLARS
-T� Memo Con Com Filing Fee
1: 21137129131: a0060a 9a7 4u' 30 5
BOARD OF ASSESSORS
CITY HAI, :,
SALEM , MA 01970
DATE : n4/nl /QP
CERTIFIED ABUTTERS LIST
SUBJECT PROPERTY : MAP : - 08 - LOT: 0007 S"FF : -7-
PROPERTY ADDRESS : 0050 RAVENNA AVENUE
ASSESSED OWNER JERMYN ANTHONY M
JERMYN DEBORAH A
MAP LOT SUFF PROPERTY ADDRESS ASSESSED OWNER MAILING
D8 0007 0050 RAVENNA AVENUE JERMYN ANTHONY M :50 RAVENNA AVE
JERMYN DEBORAH A SALEM MA 01970
08 onog 0045 RAVENNA AVENUE AIRORGE SCOTT -W- - ------- -L45- RAVENNA AVE
JANE H SALEM MA 01.970
08 0006 0047 RAVENNA AVENUE TEDFORD ERNEST/TEDFOPD GLADYS L 47 RAVENNA AVE
HERNANDO BENJAMIN-JVEERNANDO JEAN I -- ALEM MA-11910
08 0008 0000 RAVENNA AVENUE REAR SALEM CITY OF
08 0009 0046 RAVENNA AVENUE JRRMYN- RICHARD-R- _46--RAVENNA AVE
JERMYN LISA A SALEM MA 01970
08 0029 201 0296 HTOMLANO AVENUE AMFNTA MESSINA DESCHAMPS 305 N POMPANO REACI
-- ----- -POMPANO BEACH FL 3:
09 onoi 0057 MARLBOROUGH ROAD DTBTASE SALEM REALTY TRUST 10 LOOKOUT TFRR
DTBTASE UGC) TR LYNNFTEID MA 01040
Exhibit E
PROJECT NARRATIVE
Introduction
The applicant proposes to construct a boulder wall to facilitate the stabilization of a recently filled
slope located at the end of Ravenna Avenue. Fill material has migrated downward and affected
the wetland resource area at the toe of slope. The Notice of Intent includes proposed grading on
the slope, wall construction and wetland restoration.
History
In the late summer of 1997 the applicant began depositing fill on the slope behind his house. The
Conservation Commission was contacted regarding work conducted in the buffer zone to a
resource area. The applicant was notified and instructed to file an application and plan with the
Salem Conservation Commission for the proposed grading along the slope. The applicant filed a
Request for a Determination of Applicability and a proposed grading plan drafted by North Shore
Survey Corporation dated September 8, 1997. The Commission reviewed the project and issued
a Negative Determination of Applicability on 12/8/97. On March 10, 1998 the Salem
Conservation Commission issued an Enforcement Order to the applicant for illegal fill entering
into the buffer zone and wetland resource area. The applicant was instructed to cease and desist
from all filling activities on the site and was instructed to appear before the Conservation
Commission at a public hearing. At the public hearing the applicant was instructed to file a
Notice of Intent to address wetland alteration and stabilization of the unstable slope.
Existing Conditions
Poorly sorted earthen fill ranging from clay to boulder has been applied to a majority of the slope
behind the house. Currently no vegetation exists within the fill area. Prior to fill application, the
applicant purports the slope was not heavily vegetated with woody vegetation, especially mature
shrubs or trees. Several of the existing trees were already dead.
The resource area located at the toe of slope is primarily an emergent marsh community
dominated by cattails (Typha spp.), rushes(Juncos spp.), sedges(Carex spp.), sensitive fern
(Onoclea sensibihs), elderberry (Sambucus canadensis), dogwood (Cornus spp.) and speckled
alder(Alnus rugosa).
During the winter months, some of the material migrated down along the slope into the resource
area located at the toe of slope. The approximate extent of fill is represented on the Permit Site
Plan. The greatest area of siltation is located between wetland flags A4 and AT Although the
resource area has been affected by sedimentation, vegetation appears to be thriving and growing
up through the silted area.
Notice of Intent I SO Ravenna Ave.
Salem, MA
Exhibit E
Proposed Work
In order to stabilize the slope and prevent further migration of materials into the resource area,
the applicant is proposing to construct a 10 foot high boulder wall at the base of the slope. Fill
material will not be added immediately against the wall on the upgradient side. This area will act
as a sedimentation swale to capture possible migration of fine sediments.
After final grades have been established, the slope will be seeded with a slope/stabilization mix
and mulched.
Accessway
Vehicular access to the toe of slope for wall construction and wetland restoration would be
extremely difficult. The applicant is currently seeking alternative access routes to the base of the
slope from abutting properties, one of which is the City of Salem. An access route will be
designated after all alternatives have been investigated.
Resource Area Impacts and Mitigation
Impacts
Fill material has migrated into the resource area as displayed on the Permit Site Plan. Currently,
the toe of the slope is stable and there is little potential for additional migration of materials into
the resource area. Erosion control is in place and is currently functioning as a physical barrier.
Silt materials extend out approximately 10-15 feet along the length of the wetland line. The silt
extends out further, approximately 20-25 feet,to a depth of 1 foot,between flags A4 and A6.
Although the edge of the wetland resource area has been affected by siltation, it appears that the
material is not significantly affecting the growth of the herbaceous layer. A variety of vegetation
was observed sprouting up through the silt and it appears that the silt has not prohibited the
wetland vegetation from thriving.
Mitigation
In order to address the Enforcement Order issued by the Conservation Commission, silt materials
will be removed from the wetland resource area and the proposed 10 foot No-Disturbance Buffer
Zone. An excavator will be necessary for the removal of the sift within the buffer zone and the
wetland resource area. The excavator will begin removal of silt from a northerly to southerly
direction. Materials removed will be deposited onto the filled slope. Haybales and silt fence will
be removed during excavation and replaced upon restoration. Existing wetland woody vegetation
along the wetland edge should be removed prior to excavation and replanted after restoration.
Silt materials will be carefully removed from the wetland resource area so as not to remove the
organic layer. Removal of soil material below the organic layer must be avoided so as minimize
impacts to the resource area and allow for the natural seed bed to remain.
Notice of Intent 2 50 Ravenna Ave.
Salem, MA
Exhibit E
Upon completion of silt removal from the wetland resource area, the area will be seeded with a
wetland restoration mix. Woody shrubs including elderberry(Sambucus canadensis), speckled
alder(Alrms rugosa) and chokeberry(Aroma spp.)will be planted along the wetland edge
approximately 6 feet on center.
Hancock Environmental Consultants recommends that wetland restoration be conducted at the
end of the growing season so as not to disturb the existing vegetation which appears to be
thriving, despite the presence of silt.
A ten foot No-Disturbance Zone will be maintained upgradient of the wetland resource area. All
silt materials will be removed from this area and original grades will be established. A temporary
erosion control mat will be installed within the designated buffer area and will be seeded with a
conservation/wildlife mix.
Wetland Restoration Monitoring
A wetland scientist will be present during wetland restoration to ensure that sedimentation is
removed in a manner that will not significantly alter the existing organic soil layer.
The restoration area will be monitored at the beginning and end of the two growing seasons and a
monitoring report will be submitted to the Commission at the end of each growing season. The
regulatory standard of 75% re-establishment of indigenous wetland plant species shall be verified
by field inspection and inventory at or near the end of the second growing season following
construction.
Construction Sequence
1. Construct vehicular access roadway to bottom of slope.
2. Remove existing erosion control along wetland edge.
3. Cut existing wetland shrubs back 6" above grade and excavate root ball; stockpile in a cool,
damp location.
4. Excavate silt material from resource area and proposed 10 foot buffer zone working from a
northerly to southerly direction.
5. Begin construction of boulder wall.
6. Upon completion of boulder wall, restore original grade of 10 foot buffer zone.
7. Grade slope
8. Seed wetland restoration area and plant shrubs 6 feet on center along wetland edge.
9. Install erosion control along wetland edge.
10. Grade slope.
11. Seed slope with a slope/stabilization mix.
Notice of Intent 3 50 Ravenna Ave.
Salem, MA
Ettp of *alem, Aazzacbm5etto
Mepartment of Public *erbicess
One 6alem Oreen
(978) 745-9595 (ext. 321
STANLEY I.BORNSTEIN,P.E.
City Engineer -1ax: (978) 745-5877
Director of Public Services
2-13-98
Mr. Anthony Jermyn
50 Revenna'Ave.
Salem Ma. 01970
RE: SITE WORK
Dear Mr. Jermyn
This office has received numerous complaints concerning the discharge of fill from what
appears to be overloaded trucks bringing material to your site. As a result of these
complaints a site visit was made and all evidence indicates the reports to be correct.
When material is spilled from trucks bringing fill to your site it is your responsible to
clean up spills as they occur. Failure to do so may cause us to stop yourproject.
I strongly recommend you consider reducing the amount of material per truckload.
Very truly yours,
Stanley I. Bornstein P.E.
Dir.of Public Services/City Engineer
CC: Mayor
Collins
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310 CMR 10. 99 DEP File No.
64-279 �
Form 9 (To be
provided by DEP)
City/T. Salem
Applicant Ani-hnn4 ,TPrmvn
Coam'onveal th
r of Massachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c . 131, 540
From Salem Conservation Commission Issuing Authority
To Anthony Jermyn , 50 Ravenna Ave . . :
Date of Issuance In/?A/aa
Property lot/parcel number, address 50 Ravenna Avenue
Extent and type of activity: Filling , non compliance of order of
conditions
The Commission has determined that the activity described
above is in violation of the Wetlands Protection Act,' G.L. c. 131, 440, and
the Regulations promulgated pursuant thereto, 310 CMR 10. 00, because: .
❑ Said activity has been/is being conducted without a valid Order of
Conditions. -
Said activity has been/is being conducted in violation of an Order of
Conditions issued to Anthony Jermyn dated 5/2 /99
File number r4-279 Condition number(s) , ,�12 ' 14 -
Other (specify)
Permit site plan dated 5/14/98
The Commission hereby orders the following:
The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/89 9-1
Issued' by Salem Conservation co=ission
❑ Completed -prlication forms and plans as required by the Act and
Regulations shall be filed with the
on or before (date) ,
and no further work shall be performed until a public hearing has been held
and an Order of Conditions has been issued to regulate said work.
. .Application forms are available at;
The property owner shall take every reasonable step to prevent further
violations of the act.
Other (specify) .
The property owner shall 1) Submit a stamped and signed orginal
report from a structural engineer certifying that th.e existing
dumped riprap wall and its fill is stable and would remain stable
and not threaten to migrate into Bordering Vegitated wetland.
2 ) Property owner shall revise plan of record , submit a request .t
amend the Order of Conditions , renotify all abutters via certifies
mail and request City to place legal Advertisement prior to hearit
and 3 ) No filling of bufferzone or wetlands shall be permitted
Fai1&the&tcoflFfptt�h oLrhg2rarder may constitute grounds for legal action,
Massachusetts General Laws Chapter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished
by a fine of not more than twenty-five thousand dollars or by
imprisonment for not more than two years or both, Each day or
portion thereof of continuing violation shall constitute a separate
offense. -
Questions regarding this Enforcement Order should be directed to
Salem Planning Department 745-9595 ext. 311
Issued by Salem Conservation Commission
Signature )
!/
Age
(Signature of delivery person
or certified mail number)
9-2b
\ EXISTING GRADE ASSESSORS.' ,• `�
� J
/ \ 4• 10, 1 0 r I eY ,� \ "•� `a,
\ \ FINISH GRADE I
MIN.
O Q REFERENCES. 90-91
00 \ op � 2 � )v_
0 4 \ - I L.C. CERT. ,169082¢
4� \ I L.C.C. 11802—E
Q \� PROPOSEDf0' MAX. Z �� y
v ` RIP RAP SLOPE C9 id y
L 0 TS 373 & 374 \ 4
0 54,274E S.F. LOT 375 \ kI .. AL
�\ L.C.C. 11802-E
2 \
Q � \
181 PSE o ; 12' 2
LQ
PROPOSED TEMPORARY EROSION MAT
' `� (✓UTE NETTING) LOG LOCUS 1 �=2000 (_15
\ 4" LOAM & SEED
o �
/-'�� !1J REMOVE ALL LARGE BOULDERS & OTHER DEBRIS, ENVIRONMENTAL NOTES:
RESTORE TO ORIGINAL SLOPE
--—--— 1. PROPERTY LINES SHOWN ARE APPROXIMA 7F THE SURVEYOR SHOULD
!2J REMOVE DEBRIS & RESTORE wF7LANOS ACCORDING BE CONSULTED REGARDING RECORD BEARINGS, DISTANCES, AND
TO PROCEEDURES ESTABLISHED UNDER PROJECT NARRA77VE. AREAS AS WDLL AS STAKING REOUIREM£N1S
REAT 7 SEEABIL/Z 77 WITH TION MIX SLSTALL FEATURES AND STRUCTURES ARE EXIS77NG UNLESS
OPE � � 2.
'
/ a I STONE do BOULDER WALL DETAIL STA TED AS PROPOSED.
i J. THIS PLAN IS PREPARED TO ACCOMPANY A NOTICE OF INTENT FILED
o I NTS WITH 7HE SALEM COIVSERVA77ON COMMISSION AND MASSACHUSETTS
PROPOSED STONE & BOULDER WALL DEPARTMENT OF ENVIRONMENTAL PR07FC77ON.
TOP OF WALL EL. 109.0
\ I BOTTOM OF WALL EL. 99.0 4. THIS PLAN SHOWS A WE7LAND DELINEATED BY OTHERS
AND REVIEWED BY THE SALEM CONSERVA77ON COMMISSION.
(SEE DE7FRM/NA77ON OF APPLICABILITY DATED
DECEMBER 8 1997)
\% I 5. INSTALL THE SlLTA77ON HARRIER AS SHOWN HEREON BEFORE ANY
` EARTH D/S7i/RBANCE AC77VI77ES OCCUR. INE SILTA77ON BARRIERS SHALL
f
DEL INEA TF THE LIMI T OF WORK.
h -- WETLAND RESTORATION AREA
TO BE SEEDED WITH A WETLAND MIX 6. ALL EXPOSED SOIL FINISH GRADE SURFACES WI7H/N THE BUFFER ZONE
SHALL BE IMMEDIATELY LANDSCAPED OR SEEDED AND MULCHED
+ \% WITH A LAYER OF MULCH HAY,• OR COVERED WITH MULCH UN 77L
` i LOT 370 CL IMA 7E CONDI77ONS ALL OW FOR SEEDING.
I L.C.C. 11802-E 7. THE SIL TA 77ON BARRIER SHALL REMAIN /N PLACE AND PROPER
FUNC7700V UN77L ALL EXPOSED SOIL FINISH GRADE SURFACES WITHIN
THE BUFFER ZONE ARE ADEOUATEL Y STABILIZED BY VEGETATION OR
LANDSCAPED AND MULCHED.
��e \ O
EXISTING SILT FENCE WITH HA YBALES 8. THE PROJECT SOURCE BENCHMARK IS THE RIM OF 77-1E
{� SEWER MANHOLE W17H ELEVA77ON 15241' AS SHOWN
^g A f I ON PLAN PREPARED BY NOR 7H SHORE SURVEY CORPORA77ON
\� L ----- -___ __ �i ,1 EN777ZED "TOPOGRAPHICAL SURVEY, 50 RAVENNA AVENUE,
\ ` A ' SALEM, PROPERTY OF ANTHONY & DEBORAH ✓ERMYN",
\ I DATED SEPTEMBER 8, 1997
\ C% � 10' BUFFER ZONE 9. THE STONE AND BOULDER WALL SHOWN IS FOR PERMITTING
\ TO BE SEEDED W/TH PURPOSES ONLY. FINAL WALL DESIGN DRAWINGS INDICATING
(�Z % _ I A CONSERVATION MIX DIMENSIONS, ROCK SIZES AND METHOD OF CONSTRUCTION
\ o SHALL BE PROVIDED BY A STRUCTURAL ENGINEER PRIOR
C \ i TO CONSTRUCTION. A GEOTECHNICAL ENGINEER SHOULD BE
CONSULTED REGARDING SLOPE STABILITY PRIOR TO
` PROPOSED WETLAND PLAN77NGS PLACEMENT OF ADD/TIONAL FILL.
` 6' O.C.
` � I
W
PROPOSED FILL �
O
/ 4
FINISHED GRADE Q i
s '
� EXlS11NG GRADE LEGEND� ��t_o�SiF D
(n I � f.F1sTx 126.5
SPOT ELEVATION
0 - - - -126- - - - - SURFACE CONTOUR I u.
LOT 372 i STONE WALL
L.C.C. 11802-E PROPOSED STONE & PROMINENT DECIDUOUS 7REE
-/ I
BOULDER WALL
•9J 7 LAil T OF BORDER/NG VEGETATED WF7ZAN0
SCALE: 1 " = 20'
WFA2 (WITH FLAG NO. & ELEVATION)
o LIMIT OF 100' WETLAND BUFFER ZONE
0 10 20 40 80
SECTJaII A -A EDGE OF PAVEMENT
SCALE: 1 "=20p ® SEWER MANHOLE
-- — APPROXIMATE PROPERTY LINE
-- - - - -- - DES/GN: ✓MM
ELEVA TION BENCH MARKS
-- - COCK PERM/T S1TE PLAN
t- - - _ _ --- - - SHEET
DA 7UM.• Cl TY OF SALEM DA TUM ML W DRAWN: AMM
— � -- Engineering Associates 1 OF 2
--- — -- NO. DESCRIPTION ELEV. LA o 7 A DIVISION OF H.SA., INC. DWS 678OPS 50 RA SENNA A VENUE
- - - ---- 1. R/M SEWER MANHOLE 152.41 '
- -- -- 34 26
I Q%` 235 NEWBURY STREET, OANVERS, MA. 01923 CHECKED: VVT
— -- -- --
2. BLDG. COR. - ON CONCRETE FOOTING 16217' s'aNALEN ..f� vacE (sus) m-3o5o, FAX (spa) ��a-psis SALEM, INA JOB
SCALE: 1"_-20' NO.
r 3. BLDG. COR. - ON CONCRETE FOOTING 166.89' 6780
7 Upo
NO. BY APP. DA 7F REVISION DESCRIPTION Civil Engineers, Land Surveyors & Environmental Consultants DA 7F 5/12/98 PREPARED FOR: ANTHONYM. ✓ERMYN CJ /