81 VALLEY STREET - CONSERVATION COMMISSION �P� - X81 �ee_�
• �OVUIT7,
CITY OF SALEM
CONSERVATION COMMISSION
�9F�/`/IVh tib'
September 30, 2009
Mr. Gary Tran
81 Valley Street
Salem, MA 01970
f ,
Re: Determination of Applicability
After the fact filing for construction of a pool, shed and re-grading of lawn at
81 Valley Street Salem,MA
Dear Mr. Tran:
Enclosed, please find the Determination of Applicability for the above referenced project.
This Determination is good for three years from the date of issuance, September 30,
2009, except in Areas Subject Protection as stated in the Wetlands Protection Act under
MGL c. 131, Section 40.
If you have any further questions, please feel free to contact me 978-619-5685.
Sincerely,
V"
Carey Dauqt'jus
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
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: From:
When filling out
forms 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 Gary Tran
return key. Name Name
81 Valley Street
VQ Mailing Address Mailing Address
Salem MA 01970
Cityrrown State Zip Code Cityrrown state Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Date
Title
Date
Title
Date
Title
2. Date Request Filed:
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
"After-the-fact" determination regarding the installation of an above ground pool, shed, and seeding
the lawn.
Project Location:
81 Valley Street Salem
Street Address City/Town
Map 15 Lot 440
Assessors Map/Plat Number Parcel/Lot Number
— Page 1 of 5
wpaform2.doc•Determination of Applicability•rev,1016106
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
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
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)or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been 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 and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 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 or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 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
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaform2.doe•Determination of Applicability-rev.10/6/04 Page 2 of 5
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
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:
❑ 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
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ 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.
❑ 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.
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.
wpaform doc•Delermnation of Applicability•rev.10/6/06 _ Page 3 of 5
Massachusetts Department of Environmental Protection
r Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
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) - i
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Ordinance or Bylaw Citation
Name
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified
/mail, return receipt requested on
Date Dale
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 regulati
This Deter nation mus be signed by a majority of the Conservation Commission. A copy must be sent
to the appr priate DEP egional Office (see http7//www.mass.gov/del)/about/regionfindyour.htm)and the
property o er(if differ nt from the applicant).
Signa es: ' ✓ C 0
------------
September 10 2009
Date
Page 4 0l 6
w alorm .doc•Dele.nadon of Applirabllily•rev.1016104
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
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 htti)://www.mass.gov/dep/about/region.findyour.htm)to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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.
wpaforra2.doc.•Determination of Applicability•rev.10/6/00 Page 5 of 5
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e r,
6 CITY OF SALEM
p` CONSERVATION COMMISSION
UG`R`lF CdT
Determination of Applicability
Special Conditions
81 Valley Street, Salem, MA
The Salem Conservation Commission finds this Request for a Determ nation of Applicability negative so long as the
following Special Conditions are met:
1. No debris can be piled along the rear side(adjacent to the stream/drainage ditch)of the fence
UNITED STATES PQ —I —Mall
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SENDER: COMPLETE THIS SECTION COMPLETE rHIS SECTION ON DELIVERY
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so that we can return the Card to you. B. t eived�ti Pnnt d Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: XIS' 16 different from Rem 1? ❑Yes
If YE en delivery address below: ❑ No
The Conunonwealth of Massachusetts * �
Department of Environmental Protection
I Northeast Regional Office 3 SeyIceType
205B Lowell Street Pfcertlned Mall ❑Express Mail
I Wilnungton,MA 01887 J 13 Registered 13 Return Recelpt for Merchandise
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120 Washington Street,3rd FI
Salem,MA 01970
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so that we can return the card to you. B. R ved by(Printed Name) C. Date of livery
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CITY OF SALEM
CONSERVATION COMMISSION
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 Gary Tran. The hearing is for a
determination after-the-fact relating to the installation of an above ground pool, shed, and
seeding new lawn at 81 Valley Street. This hearing will be held on Thursday, September 10,
2009 at 6:00 p.m. in Room 313, third floor at 120 Washington Street.
David A. Pabich, P.E.
Conservation Commission Chairman
Please run legal advertisement on:
September 3, 2009
Please send bill to:
Gary Tran
81 Valley Street
Salem, MA 01970
(978) 227-4606
R
CITY OF SALEM
4, DEPARTMENT OF PLANNING AND
RIMBERLEYDRISCOLL COMMUNITY DEVELOPMENT
MAYOR
LYNN GOONIN DuNCAN,AIC' 120 WASHINGTON STREET♦SALEM,MASSACHL EE't-r5 01970
DIREccoR T$L:978-619-5685♦FAX:978-740-0404
Fax
To: Gloria,Salem Evening News From: Carey Duques,Conservation Agent/Planner
Fax: 978-927-1020 Date: 8/25/09
Phone:(978) 744-0600 Pages: 2 including cover
Re: Con Com Legal Ad CC:
Welgnt ❑ For Review ❑ Please Conunent ❑ Please Reply ❑ Please Recycle
eComments:
Gloria,
Following is one (1) legal advertisement to be printed on September 3, 2009 for the Salem Conservation
Corranission Meeting on September 10,2009.
Thank you,
Carey Duques
Conservation Agent/Planner
a, s
HP OMOBjet 7310 Log for
Personal Printer/Fax/Copier/Scanner DPCD
9787400404
Aug 25 2009 3:14PM
Last Transaction
Date Time Type Identification Duration Pages Result
Aug 25 3:11 PM Fax Sent 919789271020 3:01 2 OK
81 VALLEY STREET 154-10
GIS#: 9 8 0 9
gy-2,
COMMONWEALTH OF MASSACHUSETTS
Map:V" 15 ;G-
Block: CITY OF SALEM
Lot:' 0440, g
Category:
—Rj !;Q1
Pit# 154-10�2,4.j&e--v:HW BUILDING PERMIT
Project JS-2010-000221
79�;;
Est'Cost.";ij $5,500.00W--�H
Fee Charged: $40.00t49:4-
Balance Due:
$.00 PERMISSION IS HEREBY GRANTED TO:
ConsuClass:
Contractor: License: Expires
Use Group:
applicant
Lot Size(sq:ft.): 21496.86
Owner: TRAN GARY,NGUYEN TRANG T
Zoning' RI
Units Gained:4
,,p Applicant: TRAN GARY,NGUYEN TRANG T
lUnits Lost:A 1 AT. 81 VALLEY STREET
ISSUED ON. 25-Aug-2009 AMENDED ON. EXPIRES ON. 25-Jan-2010
TO PERFORM THE FOLLOWING WORK
ABOVE GROUND POOL AND POOL DECK jbh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm: Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2010-000264 25-Aug-09 2097 $40.00
GeoTMS@ 2009 Des Lauriers Municipal Solutions,Inc.
Massachusetts Department of Environmental Protection LF1 � � o� i
Bureau of Resource Protection -Wetlands City/Town
WPA Form 1 - Request for Determination of Applicabgit 1 ,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
CEPT a=r'LAM\ziac&
W EAU. II . JLb��_ T..Gd7
A..�:Genecal Information
Important:
When filling out 1. Applicant:
forms on the Gary. Tran trang21@comcast.net
computer, use Name;, . E-Mail Address
only the tab key -
to move your 81 Valley Street
cursor-do not Mailing Address
use the return Salem MA 01970
key. Cityfrown State Zip Code
27-4606
Phone Number
� Phone Number Fax Number(if applicable)
2. Representative (if any):
/90/4 •
Firm
Contact Name E-Mail Address
Mailing Address
CRylrown State Zip Code
Phone Number Fax Number(if applicable)
B. Deteirimnations
1:t'1'I'r64uestAhe City of Salem make the following determination(s). Check any that apply:
Conservation Commission
❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to
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
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:
5DAm
Name of Municipality
❑ e. whether the following scope of altematives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpafoenl doc•rev 07114ro4. Page 1 of 4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands
WPA Form 1 - Request for Determination of Applicability City/Town
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):
81 Valley Street Salem
Street Address city/rom
Map 15 Lot 440
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if.necessary):
Seeding new lawn and existing installation of an above ground pool in the backyard
c. Plan and/or Map Reference(s):
Title Date
Title Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
w .f.v 1.d.•rev 07114M _ Page 2 W 4
Massachusetts Department of Environmental Protection
ILIBureau of Resource Protection -Wetlands
WPA Form 1 Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. identify'provisions of the VOUdItUb P1oterA1V11 Au or reyuidtionS which Tidy exeT1NL the dNyiii:drrt
from having to file a Notice of Intent for all or part of the described work(use additional paper, if
necessary).
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
❑ Public project where funds were appropriated prior to 8/7/96
❑ 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
❑ Municipal project
❑ District, county,state, or federal government project
❑ 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.
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.)
wpa I.d.•rev.07/14/04. - Paye 3 M 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 1 - Request for Determination of Applicability Cdy/l"own
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge. ,
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see Attachment)were sent a complete copy of this Request (including all appropriate
documentation) simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and,address of the property owner:
Name
Mailing Address
City/Town
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
Signature of Applicant Date
Signature of Representative(if any) Date
r
wpaf ml.tl •rev.07/14/04. Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
9 Alford Cummington Hatfield Monterey Richmond Were
Suite 402 Amherst Dalton HavMy Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampto Hinsdale Moon% Sandiseeld Wendell
Belcherl n Holland Washington Savoy Westfield
Fax:413-7841149 Bemardston East Holyoke New Ashford Sheffield Westhampton
Blandford Longmeado Huntington New Malborough Shelburne West Springfield
Brimfield wEgremont Lanesborough New Salem Shutesbury West Stockbridge
Buckland Erving Lee North Adams Southampton Whately
Chademont Flonda Lenox Northampton South Hadley Wilbraham
Cheshire Gill Levereft Northfield Southwick Williamsburg
Chester Goshen Leyden Orange Springfield Williamstown
Chesterfield Granby Longmeadow Otis Stockbridge Windsor
Chicopee Granville Ludlov Palmer Sunderland Worthington
Clarksburg Great Middlefield Pelham Tolland
Barrington Peru
Greenfield
Hadley
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashbumham Clinton Hubbardston Millvllle Shirley Warren
Ashby Douglas Hudson Nev,Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Leicester North Brookfield Spencer West Brookfield
Same Brookfield Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford Stow Westminster
Bertin Gardner Lunenburg Paxton Sturbridge Winchendon
Blackstone Grafton Malborough Pepperell Sutton Worcester
Bolton Groton Maynard Petersham Templeton
Boxborough Harvard Medway Phillipston Townsend
Boylston Hardwick Mendon Princeton Tyngsborough
Brookfield Holden Mifford Royalcum Upton
Hopedale
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham huro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfiest
Phone:508-946-2700 Barnstable Eastham Hanover North Rockland West Bridgewater
Fax:508-947-6557 Berkley East Hanson Attleborough Sandwich Westport
Bourne Bridgewater Harwich Norton Scituate West Tsbury
TDD:508-946-2795 Brewster Easton Kingston Norwell Seekonk Whitman
Bridgewater Edgartown Lakeville Oak Bluffs Sharon Wrentham
Brockton Fairhaven Mansfield Orleans Somerset Yarmouth
Carver Fall River Marion Pembroke Stoughton
Chatham Falmouth Marshfield Plainville Swansea
Chilmark Foxborough Mashpee Plymouth Taunton
Franklin Plympton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Alinghm Cohaasef Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertovm
Phone:617-6546500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-5746868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Bo#ord Everett Lynnfield Newbu yport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By- Nololk Stoneham Wlmington
Burlington Gloucester TheSea North Andover Sudbury Winchester
Cambridge Groveland Marblehead North Reading Swampscott Winthrop
Canton Hamilton Medfield Norwood Tewksbury Woburn
Calisle Haverhill Medford Peabody Topsfield
Melrose
wpafonnl doc-DEP Addresses-rev 7/14/04 Page lof 1
City of Salem Department of Planning & Community Development
Check/Cash Receipt and' Tracking Form
Please complete form and make two copies.
Date Received 8 n- Ip
Amount Received 13 lS
Form of Payment Check ❑ Cash
Client Information
CASH PAYMENTS: client initials
❑ Sign Permit Application Fee
19Conservation Commission Fee
Payment received for what ❑ Planning Board Fee / ZBA
service? ❑ SRA/DRB Fee
❑ Old Town Hall Rental Fee
❑ Other: Copies
Name of staff person receiving n
payment Q¢x
Additional Notes
TINA NGUYEN/GARY TRAN 2094
81 VALLEY STREET 53.75,113
SALEM MA 019701167 (')
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270 UNION SIAEET
i'iLYNN MA 019011380
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Original Check and Form: DPCD Finance
Copy 1: Client
Copy 2: Application File
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CON;,. •:;:t'.' '
120 WnF
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7008 1140 0004 0940 0697 LUAWYM nuM
POSTAGE ��
Gary Tran
81 Valley Street
Salem, MA
' CITY OF SALEM V ""�GJ"�t
CONSERVATION COMMISSION f
August 3, 2009
Gary Tr
81 Valley Street 0/4
Salem, MA
Site Location: 81 Valley Street,Map 15, Lot 440
Certified Mail Number: 7008-1140-0004-0940-0697
Dear Mr. Tran:
The Conservation Commission of the City of Salem has been aware of a possible violation of
the Massachusetts Wetlands Protection Act, G.L.c.131§40 and its regulation at 310 CMR
10.00. The following activity, re-grading and installation of a pool located within 100 feet
of a bordering vegetated wetland, may have impacted wetland resource areas and/or
associated buffer zones. In order to determine whether a violation has occurred, we request
that you comply with all of the following:
• Contact Carey Duques of the Conservation Commission at 978-619-5685 by August
71'to set.up a.site visit to.discuss illegal fill in the resource area. This discussion will
produce an appropriate remediation plan for the activity conducted during the original
work as instructed by Carey Duques, Conservation Agent. During the site visit,the
Agent and representatives will determine the corrective measures necessary to resolve
adverse impacts to the resource area and associated buffer zones,possibly including
but not limited to, filing a permit with the Conservation Commission.
• Cease and desist from re-grading property located in the buffer zone to the bordering
vegetated wetlands.
If you do not understand the requirements of the Wetlands Protection Act,the Conservation
Commission will provide information to assist you in complying with the law. The Wetlands
Protection Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section
without the requirement authorization, or cause, suffer or allow such activity, or leave in
place unauthorized fill, or otherwise fail to restore illegally altered land to its original
condition, or fail to comply with an enforcement order issued pursuant to this section. Each
day such violation continues shall constitute a separate offense except that any person who
fails to remove unauthorized,frll or otherwise fails to restore illegally altered land to its
original condition after giving written notification of said'violation to the Conservation'
Commission and the Department shall not be subject to additional penalties unless said
person thereafter fails to comply with an Enforcement Order or an Order of Conditions."
Pages 1 of 2
UNITED STATES POSTAL SERVICE First-Class Mail
Posts &Fees Paid
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 fin this box
J
Siem Conservation Commission
I 120 Washington Street,3rd FI
Salem,MA 01970
L v�
C
i
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature 1
item 4 If Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. 1
1. Article Addressed to:
D. Is delivery address different from Rem 1? 13 Yes
I � -R VES,enter delivery address below: ❑ No
3. Service Type I
fpr.Certified Mail ❑Express Mai
0 Registered ❑Return Recelpt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(liiansfer from service labeq 7 8 114 0 0004 0 9 4 0 0697
k 1
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
us� Postal Service,.
CERTIFIED MAILT. RECEIPT
Er (Domestic Mail Only;No Insurance Coverage Provided)
C3 /� p�
0 0FFi® CIk 8..:., 0.XS _
OPostage $
Certified Fee
S ('.' Postmark
O Retum Receipt Fee 4
O (Endorsement Required) U) Here
O
Rastdcted Del. Fee
O (Endorsement Requiretl) yy �
9
Total Postage 8 Fees $ ITI ,.
rR
-0 Sent To
C3 . 61----------- `f 1(d�l
C3 Street,Apt.No.; f"`--
M1
Of PO Bex No. ..
--------------SI..-U
City,State,ZIN4
:rr rr.
Certified Mail Provides:
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years ;.
Important Reminders: r'
Certified Mail may ONLY be combihed with First-Class Mails or Priority Mails.
■ Zertified Mail is not available for any class of intemational mail.
■ 110 INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
taluables,please consider Insured or Registered Mail.
■ Fir an additional fee,a Return Receipt may be requested to provide proof of
dalivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for
a duplicate return receipt,,a USPS®postmark on your Certified Mail receipt is
raglnred. --
■(For an additional fee,delivery may be restricted to the addressee or
addressee's authorized agent.Advise the clerk or mark the mailpiece with the
endorsement"Restricted,DefNery".-
a If postmark on the Certified'Mail receipt is desired,please present the arti-
cle at the post office for,postmarking. If a postmark on the Certified Mail
receipt is not needed,detach and affix label with postage and mail. ..
INIVORTANT:Save this receipt and present it when making an inquiry.
PS/Form 3800,August 2006(Reverse)PSN 7530-02-000-904]
- UNITED STATES POSThk`4kr'y,. rCF.r r " I '' AILIN
Glass Mail
.� ge&Fees Paid i
Sender ase print your name, address, and ZIP+4 in this box
ca
a
N so
Salem Conservation Commission
..::
120 Washington Street,3rd Fl �
Salem,MA 01970
Gi
ub
e
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION 0 DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature E3 Age
item 4 If Restricted Delivery is desired. X �i✓✓ll(/rti- n
■ Print your name and address on the reverse O Addressee
so that we can return the-card to you. B. Received by(Printed Name) C. Data of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from hem 17 1:1 Yes
h YES,enter delivery address below: ❑ No
� I
The Commonwealth of Massachusetts
Department of Environmental Protection
Northeast Regional Office
205B Lowell Street 3. Service Type
Wilmington.MA 01887 ❑verged Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes '
2, Article Number - t i t 1
(� �;�oaa; 11,40 1004 0940,��7013 ;1,
(transfer from service laben - -
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540.
� pUNUI
\ ` CITY OF SALEM
CONSERVATION COMMISSION
August 3, 2009
Gary Tran
81 Valley Street
Salem,MA
Site Location: 81 Valley Street, Map 15, Lot 440
Certified Mail Number: 7008-1140-0004-0940-0697
Dear Mr. Tran:
The Conservation Commission of the City of Salem has been aware of a possible violation of
the Massachusetts Wetlands Protection Act, G.L.a.131§40 and its regulation at 310 CMR
10.00. The following activity, re grading and installation of a pool located within 100 feet
of a bordering vegetated wetland, may have impacted wetland resource areas and/or
associated buffer zones. In order to determine whether a violation has occurred, we request
that you comply with all of the following:
• Contact Carey Duques of the Conservation Commission at 978-619-5685 by August
100 to set up a site visit to discuss illegal fill in the resource area. This discussion
will produce an appropriate remediation plan for the activity conducted during the
original work as instructed by Carey Duques, Conservation Agent. During the site
visit, the Agent and representatives will determine the corrective measures necessary
to resolve adverse impacts to the resource area and associated buffer zones, possibly
including but not limited to, filing a permit with the Conservation Commission.
• Cease and desist from re-grading property located in the buffer zone to the bordering
vegetated wetlands.
If you do not understand the requirements of the Wetlands Protection Act, the Conservation
Commission will provide information to assist you in complying with the law. The Wetlands
Protection Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section
without the requirement authorization, or cause, suffer or allow such activity, or leave in
place unauthorized fill, or otherwise fail to restore illegally altered land to its original
condition, or fail to comply with an enforcement order issued pursuant to this section. Each
day such violation continues shall constitute a separate offense except that any person who
fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its
original condition after giving written notification of said violation to the Conservation
Commission and the Department shall not be subject to additional penalties unless said
person thereafter fails to comply with an Enforcement Order or an Order of Conditions."
Pages 1 of 2
Ott ,.11 W/
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CITY OF SALEM
CONSERVATION COMMISSION
�7ryry�Il�F
SITE VISIT FORM
PROJECT LOCATION: 6f 1�( 1 ��� DATE OF SITE VISIT Z Loi
PROJECT PROPONENT: DEP FILE NUMBER:: A"t
PROPOSED WORK: �lrv}�t� civ ruc ia. a�ov�atwu� ���� 4VA ,
Sum Qa-c (0,a lot Loa �l J`i wd u
IN ATTENDANCE,
Commission Members/Agent: Abutters:
Applicant/Property Owner/Representative:
FS-17T—E VISIT PURPOSER,.RR ��m,a F1 I=4312=
•Request for Determination 7FAbbreviated Notice of Resource Area Delineation E]Notice of Intent
•Certificate of Compliance I�l]Enforcement/Violation EJ Emergency E] Informal
FA—REAS,_QF
INLAND RESOURCE AREAS ",j COASTAL RESOURCE AREAS
�E
•Bank • Land Subject to Coastal •Land Under the Ocean
i Storm Flowage
•Bordering Vegetated Wetland
• • Designated Port Area •Coastal Beach
Land Subject to Flooding
• Coastal Dune •Barrier Beach
•Land Under Water Bodies or Waterway I
Name: • Coastal Bank •Rocky Intertidal Shore
•Riverfront Area j • Salt Marsh • Land Under Salt Pond
•Vernal Pools • Land Containing •Anadromous/Cata-
i'( Shellfish dromous Fish Run
�)
�� • Bordering Vegetated Wetland in Coastal Area
f
/
Vater Body Bordering Vegetated Wetland El Bank ❑ Coastal Beach 11CoastalDune
INT'ERESSSPROT((( �ECTEO. : ..,,:
OProtection of Water Supply Protection of Groundwater Supply I.'XI Flood Control
Storm Damage Prevention Prevention of Pollution 777"`❑"]Protection of Fisheries
Protection of Wildlife Habitat "v;y Protection of Land Containing Shellfish
Is this an exempt project:If so,why?
Are resource area boundaries delineated correctly? If not,explain.
SITE VWDOCCUEl MENTATION-
Photos ❑ Site Map ❑Other:
UBSERVATIONS: � - =t 1 "'' � t
Take into account relevant aspects or features such as:„ natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible veinal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
tLL Rtoh- OAky- ._ 4..a. . IdI- Co,,.catK�.
RECOMMENDATIONS 0 ".:
�l� tmlOP f{�fMo�/ 0. ,29jp u � Z4 ai� w 6IIz'oi a11e� �a��iw wl � w oln
r
' n
_ ,CITY OF SALEM
CONSERVATION COMMISSION
August 3, 2009
Gary Tran
81 Valley Street
Salem, MA
Site Location: 81 Valley Street, Map 15, Lot 440
Certified Mail Number: 7008-1140-0004-0940-0697
Dear Mr. Tran:
The Conservation Commission of the City of Salem has been aware of a possible violation of
the Massachusetts Wetlands Protection Act, G.L.c.131§40 and its regulation at 310 CMR
10.00. The following activity, re-grading and installation of a pool located within 100 feet
of a bordering vegetated wetland, may have impacted wetland resource areas and/or
associated buffer zones. In order to determine whether a violation has occurred, we request
that you comply with all of the following:
• Contact Carey Duques of the Conservation Commission at 978-619-5685 by August
7a'to set up a site visit to discuss illegal fill in the resource area. This discussion will
produce an appropriate remediation plan for the activity conducted during the original
work as instructed by Carey Duques, Conservation Agent. During the site visit, the
Agent and representatives will determine the corrective measures necessary to resolve
adverse impacts to the resource area and associated buffer zones, possibly including
but not limited to, filing a permit with the Conservation Commission.
• Cease and desist from re-grading property located in the buffer zone to the bordering
vegetated wetlands.
If you do not understand the requirements of the Wetlands Protection Act, the Conservation
Commission will provide information'to assist you in complying with the law. The Wetlands
Protection Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section
without the requirement authorization, or cause, suffer or allow such activity, or leave in
place unauthorized fill, or otherwise fail to restore illegally altered land to its original
condition, or fail to comply with an enforcement order issued pursuant to this section. Each
day such violation continues shall constitute a separate offense except that any person who
fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its
original condition after giving written notification of said violation to the Conservation
Commission and the Department shall not be subject to additional penalties unless said
person thereafter fails to comply with an Enforcement Order or an Order of Conditions."
Pages 1 of 2
If you have any questions please feel free to call me, 978-619-5685.
Sincerely,
Carey It. ques, AICP
Conservation Agent
CC: Massachusetts Department of Environmental Protection, Wetlands Division
Pages 2 of 2