64-227 - 12 SWAMPSCOTT ROAD - CONSERVATION COMMISSION S�aA�tRScaST J
I
I -
ri
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310 CHIC 10.99 DEP p)k
64-227
FOrm 5 (Co be provided by DEP)
(3jyfrommk S_1LEM
Applimin City of Salem
Commonwealth
of Maaaachuaetta
Order of Conditions
Massaehuetts Wetlands Protection Act
G.L. c. 131e $40
Flom Salem Conservation Commission Issuing Authority
To Charles Quigley City of Salem
(Name of Applicant) (Name of property owner)
Address One Salem Green Address One Salem Green
This order is issued and delivered as follows:
by hand delivery to applicant or Sepreeentative on July 18, 1994 (date).
❑ by certified mail, return receipt requested on (date)
This project is located at 12 Swampscott Road
The property is recorded at the Registry of Essex
Book Page
certificate (if registered)
The Notice of intent for this project was filed on June 6, 1994 (date)
The public heariay was clnsad on_ .Tune
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a puble hearing.on the project. Based on the information available to the r-4��;.,.. at this
time, the Ommisslon has determined that the area on which the
proposed wore IS to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
rnnreegulation$ for each Area Subject to Protection Under the Act (check as appropriate):Public water supply Flood Control lard containing shellfish
Private water supply Store damage prevention Fisheries
Grout water supply Prevention of pollutim Protection of Wildlife Habitat
Total Filing fee Submitted iTal�*a3 state share Waived
(1/2 fee in excess of $25)
City/Town Share
Total Refund Due $ City/Town Portion s State Portion$
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
V
Therefore, the (nmm;cc;nn hereby finds that the following coruitions
are necessary, in accordance with the Performance standards se� fro;thion the
regulations, to protect those interests checked above. The
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 does not relieve 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.
4. The work authorized tie rounder 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 . A.,y f '_l used in conneoti_on with this ::., z7ect _nasi be Gina., fill,
costa:r:_ry no trash, refuse, rub;�iah or d z,:io, in:luding Lut t.ot limit
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, 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 ofrecorded 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 Cnmmiaainn 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,
•Naseachusetts Department of Environmental Protection,
File Number 6 •-227 —
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 to all agency proceedings and hearings before
the Department.
5-2
i
11. upon completion ci tho work described herein, t! e applicant shall
forthwith request in writing that a Certificate of Compliance be issued
stating that the work has been satisfactorily completed.
12. The work shall conform to the following plane and special conditions:
Plane:
Title Dated signed and stamped by: on File with:
Compost Facility 6/6/94 Michael Collins Conten at;on Cnmm;cc;nn
Special Conditions (Use additional paper if necessary)
SEE ATTACHED CONDITIONS
(Leave space .Blank(
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
PA ans:
Title Dated Signed and Stamped by: on File with:
special conditions (use additional paper if necessary)
(Leave Space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3B
issued By Salem conservation commission
sign ature(q)
Iir+7'-U,'q ,
�
This orde ust be signed by a majority of the conservation commission.
on this 14th day of July 1994 before me
personally appeared the above named to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
Tnl�+ 15 1999
o ary Public My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the lard upon which
the proposed work is to be done, or any ten residents of the city or town in which such lard is located, are
hereby notified of their right to request the Department of Enrvirormental Protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
data 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 Conservation Commission prior to commencement of work.
............................................................................................................
To Salam Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at 12 Swampscott Road
File Number 64-227 has been recorded at the Registry of Essex and
has been noted in the chain of title of the affected property in accordance with General condition 6 an
19
If recorded land, the instrument rummer which identifies this transaction is
If registered lard, the document number which identifies this transaction is
signature Applicant
5-4A
[ssued by :.`.e Derar=ent of Environmental Protection
signature
on this day of 19 a
before me personally appeared to me known to be
the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
i
Notary Public my commission expires
The applicant, the owner, any person sggriewd by the Superseding Order, any Owner of lard abutting the lard
upon which the proposed work is to be done, or any tan persons pursuant to G.L. c.30A 1110A, are hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c.30A, 510, providing <ha
request is made by certified mail or hard delivery to the Department, with the appropriate flung fee dwi
Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuwcw of this
_ Suprseding Order, and is addressee to: Docket Clerk, Office of Gera i Counsel. Departmtwt of Envircreesntal
Protection, one winter Street, Boston, MA 02108%► A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission, the appticant, and any other party.
A Notice of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicatory
Proceedings, 310 CMR 1.01(6), and shall contain the following information:
(a) the DEP wetlands Fite Number, now of the applicant and address of the project;
(b) the camiete name, address and telephone nether of the party filing the request, and, if represented
by counsel, the neva,and address of the attorney;
(c) the names and addresses of sit other parties, if known;
(d) a clear and concise statement of (1) the facts which are grovels for the proceedings, (2) the
objections to this Superseding Order, including specifically the manner in which it is alleged to be
inconsistent with the Department's wetlands Regulations 010 CMR 10.00) and does not contribute to the
P
rot-cn on of the inti. _ts re• identified in the Act and (3) the relief sovtn* through the enjudi^story
heerir„ i..c l,xh..g soa6f icdl l•/ the _.•angel oesired in the Puxrsedine Orc- ;
re) a sratcrsnt coat a ;;_w of the rzqu.,st her been sent to the aWticant, the aonser•'ation commission and
each other party or represent.,tive of soon pdrty, if known.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of
claim for an Adjudicatory Nearing.
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 Nusber 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 6 on
19
if recorded Land, the instrument number which identifies this transaction is
if registered land, the document umber which identifies this transaction is
Signature Applicant
5-4B
Coon vatim Ciommissim
Salem. Massachusetts 01970
! �y
�.t/ASS,
SPECIAL CONDITIONS
DEP File 1164-227
TRANSFER STATION
1. All work shall conform to the above-referenced Notice of Intent (NOI), site plan and
supporting documents and those final specifications which shall be filed with the
Commission prior to construction. Any change 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 NOI.
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 accompanying plans or part thereof. In
the event 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. 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 name(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.
6. The applicant shall submit a schedule for conducting closure activities of the
composting facility to the Commission for its approval, before any further onsite work
occurs.
7. A copy of the plan, and the Order of Conditions with any Special Conditions will be
retained on site throughout the project.
8. No onsite work shall be conducted until a single row of staked haybales and an
upgradient siltation fence are constructed at the toe of the slope. 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. Their installation and maintenance will be conducted with care
sufficient that no impact to the resource area occurs. The Clerk of the Works will
inspect the haybale/fence installation prior to onsite work commencement.
9. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any
resource area shall be promptly reported to the Commission and shall be restored to
the satisfaction of the Commission.
10. The slope of the landfill shall be pulled back by heavy machinery that approaches the
slope's toe by creating a series of terraces upon which the machinery can operate.
The heavy machinery shall not conduct operations until the terrace upon which the
machine intends to operate is secure.
11. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of
pollutants.
12. * No spill or discharge of petroleum products or other pollutants will occur within
100 feet of any wetland resource area.
13. * Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is
prohibited within 100 feet of the resource area. Any arrangement for snow removal
shall stipulate the ban.
14. * Minimal pruning and no removal of any buffer zone or wetland vegetation will
occur downgradient of the staked haybale line.
15. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season.
16. * Fertilizers used for area shall contain a low nitrogen content and be used in
moderation. Pesticides and herbicides shall not be used within 100 feet of the
resource area.
17. The slope shall be pulled back to a slope of no steeper than 1:1.5. 1'he applicant will
stabilize the slope with nylon netting and hydroseed.
18. As soon as the closure work has been completed, the roadway and any surrounding
open area into the compost facility from the front of the transfer station parcel will be
completely blocked with large boulders such that no vehicular traffic (2 or 4 wheel)
can access the former composting facility.
19. As soon as the compost facility has been closed, the applicant shall plant not less than
six trees of various sizes and styles (and which are compatible with the nature of the
area) scattered through the former composting area such that the view from the
medical buildings west of the site would no longer hint that a compose facility had
existed. Along with the trees, the applicant will plant crown-vetch or a wildflower
mixture over the surface area of the former composting facility to accelerate
vegetation.
20. No project activities will be conducted between December 1 and March 15. Projects
shutting down for the winter will, by December 1, complete slope stabilization
sufficient to prevent erosion or siltation until project activities resume in March.
*ongoing conditions that do not expire upon issuance of a Certificate of Compliance.
jm\dhX no t.spc
CIT
CONSERV V OF SALEM
Will hold a Public Hearin ATIO
Wetlands Protection a to a Notice COMMISSION
�.at the request of the Cl Massachusetts Gener tent n t under the Massac
cant proposes to clean ❑ Y ofS Depaandsrt a Cha pter husetts
at thealem awsorpu,
conferes❑e Thursdn onntle g'Ig94cape
an g�da att no alB Wer��The
e locaAliSectio�
will be held o Ascott Suffer
floor ay,Jur
❑ce room. at 7:00 p.m„One Lot ¢8. The hearing
Saleih Green,second
June 2, IOg4
- _�..S. BetsY Horne
� Chair
SN34746
L31
crus 10.49
DPP P)k No.
(To 6e pmvidod by DEP)
Form 3
Ciry/1'aan SALEM
Applicant CITY OF SALEM
Comomrealth Department of
of Massachusetts Defense
onited states
Notice of Intent of Amarica
Under the e
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
and
Application for a Department of the Army Permit
Part is General Information
1. Location: street Address 12, SWAMPSCOTT ROAD
Lot Number 68
2. Project: Type Description Clean un and landscape a site
within a buffer zone
3. Registry: county ESSEX current Book 6 Page
certificate (if Registered Land)
4. Applicant CITY OF SALEM Tel. 745-9595
Address ONE SALEM GREEN
5. Property owner .Tel...
Address
6. Representative CHARLES F. QUIGLEY Tel, 745-9595
Address SALEM AS ABOVE
7. a. Have the conservation commission and the Department's Regional office each
been sent, by certified mail or hand deliver, 2 copies of completed Notice of
Intent, with supporting plans and documents?
Yes ® No ❑
b. Has the fee been submitted? Yes ❑ No
c. Total Filing Fee Submitted
d. city/Town Share of Filing Fees, ;.,o State Share of Filing FeeiJaiwad
(sent to City/Torn) 0, of fee in excess of $25, sent to OED)
" e, is a brief statement attached indicating how the applicant calculated the
fee? ® Yes ❑ No
3-1
Effective 11/20/92
8. Have all obtainable permit-, variances and approvals required by local by-Yaw
been obtained?
Yes ❑ No ❑
obtained Applied ror: Not Applied For:
DRAINAGE ALTERATION PERMIT 6/2/94
9. Is any portion of the site subject to a wetlands ggstrict' n order pursuant
to G.L. c. 131, S40A or G.L. C. 130, S105? Yes U No ff
10. List all plans=and supporting documents submitted with this Notice of
Intent.
Identifying Title, Date
Number/Letter
1 of 4 Locus Sheet 6-6-94
2 of 4 Existing Conditions 6-6-94
3 of 4 Existing Grade 6-6-94
4 of 4 Proposed Grade 6-6-94
11. check those resource areas within which work is proposed:
(a) ® Buffer Zone
(b) inland:
❑ Bank* Land subject to Flooding
❑ Bordering vegetated wetland* Bordering
❑ Land Under water Body a waterway* ❑ Isolated
(c) Coastal:
❑ Land Under the ocean* ❑ Designated Port Area*
❑ Coastal Beach* ❑ Coastal Dune
❑ Barrier Beach* ❑ Coastal Bank
❑ Rocky Intertidal shore* Cl 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.
3-2
7,1
12. la the urojeat within estimated habitat which is indicated on the most
recent intimated Habitat Map of State-Listed Rare wetlands Wildlife (if any)
published by the Natural Heritage and Endangered species Program?
YES [ ] NO (}4 Date print; on the Estimated Habitat Map
NO MAP AVAILABLE ' [ ] (if any)
If yen, 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.
identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Features
Soils
vegetation
3 + 4 _ Topography
3 + 4 Open water bodies(including ponds and lakes)
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
Boundaries of resource areas checked under Part 1, item 11
above
Other
Man-made Features:
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 systema
Underground utilities
3-3
Roadways and parking areas
Prep rty„houaeP_rtes. 3a •:,nentg and richts-of-:ray
other
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 11 above.
identifying
Number/Letter
(of plan, narrative
or calculations)
Planview and Cross Section of:
structures(sueh 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 6 underground utilities
Filling, dredging and excavating, indicating volume and
composition of material
compensatory storage areae, where required in accordance
with Part III, section 10.57(4) of the regulations.
wildlife habitat restoration or replicaticn areas
other
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 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
the following:
1. De((neation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area, at the point of discharge, for at (east
the 10-year and 100-year frequency storm;
3. Pre- and post-develop ant rate of infiltration contributing to the resource area checked under Part 1,
item 11 above;
4. Estimated rater quaH ty characteristics of pre- and post-development run-off at the point of
discharge.
3-4
Part IV: Mitigating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to Met the performance standards set forth under each
resource area specified in Part 11 or Part III of the regulations; or
(b) Why the presumptions set forth under earn resource area specified in Part 11 or Part III of the
regulations do not apply.
❑ Coastal Resource Area Type: identifying number or
Inland letter of Support
documents
HAYBALES
SILTATION BARRIER
❑ Coastal Resource Area Type: identifying number or
❑ inland letter of support
documents
3-5
Identifying number or
❑ Coastal Resource Area Type: letter of support
❑ Inland 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 Toro: so as to ensure that said work
does not alter an ares specified in Part 1, Section 10.020)(x) of these regulations; or
(b) if work in the Buffer Zone will otter such an area, all measures and designs proposed to meet
the performance standards established for the adjacent resource area, specified in Part 11 or
Part III of these regulations.
Type Bordered
❑ Coastal Resource Area TIdentifying number or
❑ Inland By 100-Feet Discretionary
letter of supportetionary Zone: documents
3-6
I .
Part V: Additional Information for a Department of the Army Permit
1. COE Application No.
to be provided by CDE)
2.
(Name of waterway)
3. Names and addresses of property owners adjoining your property:
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. 8}" 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-und he pains and penalties of perjury that the foregoing
Notice of In nt pany'ng plans, documents and supporting data are
true andple o be of my knowledge.
Signa urs App
n Date
signature of Applicant's Representative Date
FORM "Exception to ENG form 4345 approved by MDUSACE, 6 May 1982--
No
982"NFD 100 (TEST)
1 MAT 82 "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
8udget(ONS) has approved those questions required by the US Army Corps of
Engineers. OMs Nurber 0702-0036 and expiration date of 30 September 1983
applies". This statement will be set in 6 point type.
3-7
r 11Q1G FEE CALCULATION WORKSHEET
11.53■, wem
SdNOT BEwsvm NOT e,n)ect
TO Ato 710 CN
10.37(7•)) SMALLLNOT BC SIRI]ECT OOITIONAL FEES
CAfCGORV 1 $53 PER ACTIVITY $ NO If Said activities Ore r"t- o amer a S1MXC N01
A. (dating How■/r•eldantlal lot (addition, deck, C, Constructlon of EACH ROADWAYMRIVEWAY within the _
garage,Pocl, sned,or ORIVCWAV) — Buffer sone or Coastal flaadrore MOT r•wl•sooln
. unser 710 CMA 10.57 (!s) and NOT 40ssci4t401 wHtn a SFH
8. Site Prep•ra.ion (removal of vegetation, ese4- pL
•etlon grading where ndae construction lon't — D. HAZARDOUS WASTE CLEANUP (eeeept as rated In
proposed under this NON) category 4)
C, Control of nuisance vegetation by removal, herb- TOTAL CATEGORY 3 ACTIVITIES
■■■. icldee, ate. within 4 Resource Area PER LOT
Pursuant to 710 CHR 10.53(4) CA1 CORY 4 $725 PER ACTIVITY
D. 10■53 ce(4 Are• r than IC
pursuant to 710 CMR _ _ A. EACH WETLAND FILLING/CROSSING LIMITED PRO3ECT _
10.5) (4) other 3005 lC above ACCESS ROAOWAY/ORIVEMAY under 310 CRI 10.53 (36)
E, SEPTIC SYSTEMS Or my part theraWrep4ln, "Swistad with COMND
COMMERCIAL, INDUSTRIAL, 1NRTITU-
replacement, UPGRADING — — TIONAL DEVELOPMENT OR RESIDENTIAL SLMDIVIfION
CONSTRUCTION. (*men category 29 for WN drivemeye)
F. Nnnitoelnq M•L1m/well
- - —� 5. 1'1.001-Control'Structures (Construction, KpAIR.
TOTAL CATEGORY 1 ACTIVITIES --_ andor modification) —
C. LANDf ILLS-pw1Lc A private
Ct250 PER ACTIVHMr
D. SAND A GRAVEL OPERATIONS
A. EACH NEW single family Heu■e (STH) INCLUDING
site preparation E. NEW railroad lines or EXTENSIONS of EXISTING
utilitiesr SYSTEM Ian/aetentlon 04m1100• —
. SEPTIC sYSTCM, ro•way/drlvswey of ot00e
than those pursuant to 710 CNH 10.53(7•) f. Control of NUISANCE VEGETATION under 31CM
If reviewed user • SINGLE NOT 10.33(4) other than on • SfH lot
S. Parking lot/ ANY sire _ G. BRIDGES (construction, reoo,•truatlon •
epmUtLLan,_
C. Beach NourLMeent — ealntane00m) ASSOCIATED with • SFN lot
D. Coastal Activitiespurwant to 310 Clot 10.24 M. Raising or lowering WATER LEVELS
_
(7a-c) including 7a-Electrlc Generation Facilities,' 1. ALTERATION W RCSOtNCE AREA 4 diversion o/ water
7b-Public Utilities, 7c-Ca••tel Limited Projects
Including REPAINt/11AINIENANCE of EXISTING piers, associated with HAZARDOUS WASTE CLEANUP, not.
buildings culvorta, etc. aoa4ulto control projects, or for ANY OINQ PUIt►OSE
NOT EXPRESSLY IDENTIFIED ELSEWHERE IN THIS FEE SCODIULE
C. LIMITED Pg07CCT ACTIVITIES Pursuant to 710 CMR
10.57 (s-o) AND 310 CHR 10.57 (f-1) per footprint
J. dock,DREDGpi r or otherITIES not cure demd with • NEW
dock, pier or other Structure ae■eribe0 In eeaegoer SS
F, NEW agrlcultunl/4ouacultur■l projects
TOTAL CATEGORY 4 ACTIVITIES
G. EACH WETLAND DRIVEWAY CROSSING'associated with _ —
a SFM pursuant to 710 CM 10.37(3•) CATEGORY S $2 PER LINEAR FROTH tOTAL CECT NOT TO BE LESS
H. ANY point source discharge IMAM $30 NOR MORE THAN $1000
I. ANY OTHER ACTIVITY not deacrlbed In categories A. Construction, reconstruction, REPAIR, or rmp14cm-
■■ 1,3,4 A 5 — mint of DOCKS, PIERS, REVETHENTS, DIKES, or other
englneer/ng structures on COASTAL at INLAND RESOURCE
TOTAL CATEGORY 2 ACTIVITIES AREAS including the placement of RIP-RAP or other
— material on coastal or Inland resource areas
aTEGDRY 3 $323 PER ACTIVITY TOTAL CATEGORY 5 ACTIVITIES
�A. SITE PREPARATION for ANY development other than _ TOTAL FILING FEC CALCULATED
for a sFH INCLUDING removal of vegetation,
esc•vetlon 4 grading when actual construction 1■ PERSON CALCULATING GEC SCRDULE (Print Name)
NOT proposed under thin NO1 G �-+- r [> F
�I- CONSTRUCTION OF EACH BUILDING within commercial. _ ADDRESS 0',
lroustrisl, institutional, or apartment/colo/
townhouse type of development, TMEPHONE ((OBER X700-
ANY PART of whlth
is in 4 BUFFER ZONE or RESOURCE AREA. A•eoolot•d
activities, •it• preparation vat•ntlon/detentlon SIGNATURE DATE 6-C-7'1
basin constructlon,•eptic sytsom, parking lots,
utilities, point a4uroa discharges, awer•ge treatment
MAOC Newsletter
NOTICE OF INTENT FSE T0ANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND WATLRWAYS
NOTICE OF INTENT (NOI) APPLICANT: PROPERTY OWNER:
Name CITY OF SALEM Name CITY OF SAT.F.M
DEPARTMENT OF PUBLIC WORKS
street ONE SALEM GREEN Street SAME
City/Town SALEM City/Town
State MA Zip code 01970 state 21p Code
Phone Number (508) 745-9595
PROJECT LOCATION: Street/Lot Number 124 cwAMRscnTT Rn MAP 7 LOT 68
City/Town SALEM, MA
DEP FILE NUMBER (if available)
NOI FILING FEE DISPUTED FEE
Total NOI Filing Fee: $ 97.))) Total Diputed Fee: $
(as determined in Notice of
State share of Filing Fee: $ WATVFD insufficient Fee letter from
(1/2 of fee in excess of $25.00) conservation commission)
City/Town Share of state Share of Fee: $
Filing Fee: $ waived (1/2 of total disputed fee)
City/Town share of Fee:$
(1/2 of total disputed fee)
INSTRUCTIONS:
1. send this Fee Transmittal form and a check 'or money order, payable to the
commonwealth of Massachusetts, to the DEP Lock Box at:
Dept. of Environmental Protection
Box 0062
Boston, MA 02211
2. Attach a cony of this form to the Notice of Intent submitted to the local
conservation commission.
3. Attach a copy of this form and a copy of the DEP check to each of the
Notice of Intent forms submitted to the DEP regional office.
11/20/92
Notification to Abutters Under the
Massachusetts Wetlands Protection Act
In accordance with the second paragraph of Massachusetts General Laws chapter
131, section 40, you are hereby notified of the following.
A. The name of the applicant is CITY OF SALEM, DEPARTMENT OF PUBLIC WORKS
B. The applicant has filed a Notice of Intent with the conservation commission
for the municipality of SALEM, MA
seeking permission to remove, fill, dredge or alter an Area subject to Protec-
tion under the Wetlands Protection Act (General Laws chapter 131, section 40) .
C. The address of the lot where the activity is proposed is 125 SWAMPSCOTT ROAD
D. Copies of the Notice of Intent may be examined at ONE SALEM GREEN
RiAND;TNIG TTFPARTMFNT
between the hours of 8 am and 4 pm on the following days of the week:
M T W T F
For more information, call: ( 508 ) 745 _ 9595
check one: This is the applicant ❑, representative ❑, or other ❑ (specify) :
E. copies of the Notice of Intent may be obtained from either (check one) the
applicant ❑, or the applicant's representative ❑, by calling this telephone
number ( ) - between the hours of and on
the following days of the week:
F. Information regarding the date, time, and place of the public hearing may be
obtained from SAME AS ABOVE
by calling this telephone number ( ) - between the
hours of and on the following days of the week:
check one: This is the applicant ❑, representative ❑, or other ❑ (specify) :
NOTE: Notice of the public hearing, including its date, time, and place, will be
published at least five (5) days in advance in the SALEM EVENING NEWS
(nerve of newspaper)
NOTE: Notice of the public hearing, including its date, time, and place, will be
posted in the City or Town Hall not less than forty-eight (48) hours in advance.
NOTE: You also may contact your local Conservation Coaaaission or the nearest Depart-
ment of Environmental Protection Regional Office for more information about this
application or the Wetlands Protection Act. To contact DEP, call:
central Region: 508-792-7650 Northeast Region: 617-935-2160
southeast Region: 508-946-2800 Western Region: 413-784-1100
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Salem. Massachusetts 01970
'
ASS
May 19, 1994
Mr. Charles Quigley
City Engineer
One Salem Green
Salem, MA 01970
RE: TRANSFER STATION
Dear Mr. Quigley:
On May 12, 1994 , the Salem Conservation Commission discussed
the outstanding issue of the plastic bagged yard waste which is
accumulating at the Transfer Station adjacent to a Resource Area.
In that discussion the Commission agreed to send the
Engineering Department a letter stating that no further work be
conducted in the Resource Area or the Buffer Zone until a Notice of
Intent is filed with the Conservation Commission.
In addition, the Commission would like the Notice of Intent
filed by 12 : 00 a.m on Monday, May 30, 1994 so that we may hear the
proposal at the Commission's meeting of June 9, 1994 .
If you have any questions regarding this request or if you
desire additional information, please do not hesitate to contact
Conservation Administrator, Debbie Hurlburt.
Sincerely,
Betsy orne
Chair
.A: \TRANSFER.LET
;.�xoN c
4j
0 i
�z Conservation Commission
Salem. Massachusetts 01970
JUN Z 21 ri; `5�
CITY
Cf
CITY OF SALEM
CONSERVATION COMMISSION
Will hold a Public Hearing for a Notice of Intent under the
Massachusetts Wetlands Protection Act , Massachusetts General Laws ,
Chapter 131 , Section 40 , at the request of the City of Salem
Department of Public Works . The applicant proposes to clean up and
landscape an area within a Buffer Zone located at the Transfer
Station on Swampscott Road, Map 7 , Lot 68 . The hearing will be
held on Thursday, June 9 , 1994 at 7 : 00 p.m. , One Salem Green,
second floor conference room.
;maf-1Lrrt,�
y /a3k4l
Betsy Horne
Chair
June 2, 1994
This notice posted on "011ic;a.l 5,ullotln Board;'
cli'; Hall AVG., Salem, Muss. on Tune 2, 199�1
at 3:�21Prr7 I
In accordance with Crap. 30 sec.
3311 & 238 04 M.G.L.
'ok
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of `ice iof N®
Environmental Protection .,,, '�,�
° Metro Boston/Northeast Regional Office
William F.-Weld.
Governor-
e . --- Trudy S.Coxe -
S retary,EOEA - ..
DEP File # none
Thomas B. Powers WWWJJJ //
Acting Commissioner
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER Salem
DATE: 7/8/94 (city/town)
The Department of Environmental Protection has received a, Notice of Intent filed
in accordance with the Wetlands Protection Act (M.G.L. c . 131, §40) :
Applicant : Charles Quigley Owner:
Address . City of Salem Address :
One Salem Green, Salem, MA 01970
Project Location: 12 Swampscott Rd. Lot 68
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A." This project has been assigned the following file
Although a file # is being issued, please note the following:
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
B. (X) No File # will be assigned to this project until the following missing
information is sent to this office, to meet the minimum submittal requirements
in accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 :
1 . ( ) _ copy (s) of a completed Notice of Intent (Form 3 or Form 4 of Sect .
10 . 99, whichever is applicable) and a copy of the Fee Transmittal
Form, with a copy of the check for the State ' s share of the Notice of
Intent filing fee .
2 . ( ) _ copy(s) of plans, calculations, and other documentation necessary
to completely describe the proposed work and mitigating measures to
protect resource areas .
3 . ( ) _ copy(s) of an 8'X" X ill, section of the USGS map of the area.
4 . ( ) _ copy(s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15 . 00 .
5 . ( ) Proof that a copy of your Notice of Intent has been mailed or hand
delivered to the Natural Heritage and Endangered Species Program.
COMMENTS :Ouestion 12 (Wildlife) not answered
- - - ' (see page 2' for additional information)
10 Commerce Way 0 Woburn,Massachusetts 01801 • FAX(617)932-7615 0 Telephone(617)932-7600 - -
C. Other Regulatory Jurisdiction
1 . ( ) Application has been forwarded to Waterways Regulatory Program to
determine if a Chapter 91 License is required.
t2 . ( ) Applicant is advised to forward a copy of the Notice of Intent to the
Corps of Engineers for review (call 1-800-362-4367 for information) .
D.�_ 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water
Quality Certification from the Department of Environmental Protection and may
require submittal of a 401 application form. See below for further details :
1 . ( ) Based upon the information submitted in and with your Notice of
Intent a separate 401 Water Quality Certification application form is
not required. The Department of Environmental Protection has
reviewed the plans submitted by the applicant and finds that there is -
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department;
b) the Order of Conditions does not cause the loss of more than
5, 000 sq. ft . of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a minimum
replication of 1 : 1; and
d) the project is not exempt from the M.G.L. c. 131, §40 - the
Wetlands Protection Act; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project . This does not relieve the applicant
of the duty to comply with any other statutes or regulations .
2 . ( ) Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification from this Regional
Office . Please complete the enclosed 401 Water Quality Certification
application form and file it with this Regional Office for review.
3 . ( ) Your project involves dredging of greater' than 100 cubic yards of
material or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth. " Therefore, your
proposed project is subject to 314 CMR 9. 00 and requires a Water
Quality Certification. Please complete the enclosed 401 Water
Quality Certification application form and file it with the
Department of Environmental Protection, Division of Water Pollution
Control, One Winter Street, Boston, MA 02108 . Contact the Division
of Water Pollution Control at 617-292-5655 if you have any questions .
For more information please contact :Phil DiPietro
at (617) 935-2160 .
Cc: Conservation Commission ( ) U.S. Army Corps of Engineers
( ) Owner ( ) Coastal Zone Management
( ) DEP - Water Pollution Control ( ) Representative :
( ) DEP - Waterways
( ) Other:
2