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64-436 - 3A WINTER ISLAND ROAD - CONSERVATION COMMISSION � 17tP `' 436 b i� Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 — Order of Conditions 64-436 ■7LMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission fisted below. Salem Conservation Cronmicsinn - Detach on dotted line,have stamped by the Registry of Deeds and submit to the Conservation Commission. ----- ----------- --------- -------------------- To: Salem Conservation Commission PIea3@ b@ art yi�gd that then a r r aa;...... f .x o. c..r..2r.. vin i�mv,w v, o,o r wtcta ui. 3A Winter Island Road 64-436 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on_ y /QCT lcl� Date If recorded land, the instrument number identifying this transaction is: Instrument Number It registered land,the document number identifying this transaction is: Document Number Signature of Applicant vrpa�ormS.aoc•rev.;1n/0.5 Pa4e 9 019 WINTER ISLAND; a i YACHT YARD INC, PETER &_DIANE HAY,�7{_OCD '3A WINTER154AND55ROAN FULL SEg810E REPMRANp STORA' `SALEM;MA 01970 R£FOW£F SPECIALISTS ky x(978) US-3797 **99 YANMAR aROE 8 SMALL Ew w pERLE0.° INF09WIYY.NET '� YANMgR/HOHIEq BTOCNIRG pEALERsw^ SS RIGOIN4/1,IFE IJHE SERPICEke 44� 'K�/ETLiJI+ MMA 'a.t: r2 'MMA AOTXOg126p BA. pSERVICE f �� Q �� Q�� , �� -� ,go81 - Qhk'$kb COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY - 6.o�. I kr �® ROBERT W.GOLLEDGE,Jr. Governor Secretary KERRY HEALEY DEC 1 9 2006 ARLEEN O'DONNELL - Lieutenant Governor Commissioner DEPT.OF PLANNING& COMMUNITY DEVELOPMENT December 18, 2006 Peter Haywood Winter Island Yacht Yard Winter Island Road Salem, MA 01970 RE: Minor Project Modification to D.E.P. License No. 4079 Seawall, Juniper Cove, Salem Dear Mr. Haywood: The Department has reviewed your letter and plans describing the repair and maintenance of the existing seawall by placement of sheet piling. As shown on the plans, which were used with the original DEP License No. 4079, sheet piling was installed along the concrete block seawall adjacent to the existing marine railway and at the toe of the existing riprap. The Department has determined that pursuant to 310 CMR 9.22 the activity constitutes a minor project modification, which represents an insignificant deviation from the original specifications of the license and as such this activity does not require a license. Any additional work within Chapter 91 jurisdiction, i.e. placing fill between the sheet piling and riprap, will require a license. Please note that other local; state and federal requirements may apply. If you have any questions pertaining to this matter please do not hesitate to contact David B. Slagle at(617) 654-6520. Sincerely, Ben Lynch / /�// Program Chief Waterways Regulation Program Cc: file copy This informadon is available In alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-600-298-2207. MassDEP on the World Wide Web: hdp://w .mass.gDv/dep Printed on Recycled Paper , CITY OF SALEM ` CONSERVATION COMMISSION December 11, 2006 Peter and Diane Haywood _ 3A Winter Island Road Salem, Massachusetts 01970 Re: Order of Conditions—DEP #64-436 3A Winter Island Road, Salem, Massachusetts Dear Mr. and Mrs. Haywood: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of December 26, 2006), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any additional work commencing, this Order must be recorded, a sign shall be displayed showing DEP File # 64-436 within public view, and contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978.619.5685. Sincerely, Carey uques Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW,SALEM.COM L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 — Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When fillip From: 9 t.Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. 0 Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Peter Haywood Winter Island Yacht Yard, Inc. use the return a.First Name b. Last Name c.Company key. 3A Winter Island Road d.Mailing Address m Salem MA 01970 e.City/Town I.State g.Zip Code 4. Property Owner (if different from applicant): Diane M. Haywood Revocable Trust a. First Name b.Last Name c.Company 3A Winter Island Road d. Mailing Address SAlem MA 01970 e.City/rown I.State g.Zip Code 5. Project Location: 3 A Winter Island Road Salem a.Street Address b.City/Town 44 0013 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42.31.54 70.52.13 electronic filers will click for GIS locator): e.Latitude I.Longitude B. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex South a.County b.Certificate(if registered land) 216 24787 c.Book d. Page z Dates: October 12, 2006 November 30, 2006 � �� a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Plan Accompanying Petition of D.M.H. Realty Trust Peter Haywood Trustee 3A Winter Island Rd Salem, MA, Exisiting Pier, Ramp, Floats, Marine Railway, Seawall, Fill Rip Rap and Slope Protection Daniel J. Lynch Daniel J. Lynch b. Prepared By c.Signed and Stamped by August 5, 1993 1"=60' d.Final Revision Date e.Scale Exisiting Pier, Ramp, Floats, Marine Railway, Seawall, Fill Rip Rap and Slope August 5, 1993 Protection: Section Details g.Date mWorrr5.dx rev.3/1/05 Page 7 of 9 LEIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution d. El Private Water Supply e. El Fisheries f. El Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank alinear feet b.linear feet c.linear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged w alorm5.dw• rev.9/1/05 Page 2 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 9. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft square feet h.square feet i.square feet 9 q q q j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below .square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 13. El Coastal Beaches a 14. ❑ Coastal Dunes a.square feet b.square feet c. q q c/y nourishmt d.c/Y nourishmt 15. ® Coastal Banks a.linea (feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ® Land Subject to Coastal Storm Flowage a.square feet b.square feet wya1orrr5.dm• rev.311/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 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, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. S. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP'J "File Number 64-436 " wpafarm5.da• rev.3r1/05 Page 4of9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 1-3.Any-change-to-the-plans-identified-in-Conditiori#12 a o�ve sharl�ire the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document wpalorm5.da•rev.T1105 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No z. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 P Y additional conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document vgaform9Aoc• rev.3/1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance 11 This Order is valid for three years, unless otherwise specified as a special "tl'. �/ condition pursuant to General Conditions#4, from the date of issuance. 1. Date. Date ofd Please indicate the number of members who will sign this form: 5i k L#) This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protect on Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: •r 14 -- Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 30 of November 2006 Day Month Year Before me, the undersigned Notary Public, K. Cornacchio,J. Furnari, K. Gliden, M. Blier, A. personally appeared Hamilton, and D. Summer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Salem As member of City/Town Conservatiori Gomrt zssion CAREY R.DUQUEB �.' Nalary Hr6Ne COIUcaOf my Cants evir plTlf . Mr mmdon�h AugM 14 2013 Signature o Notary Public Carey R. Duques Printed Name of Notary Public Place notary seal and/or any stamp above August 16 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on �-[ by cert'Ified mail, return receipt requested, on l)Ix4mw y 11 �t)� Date Date w aform5.doc• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection LBureau of Resource Protection - Wetlands DEP File Number: AIWPA Form 5 - Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. 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. Any appellants seeking to appeal the Department's Superseding Order-associated-with thisappeaYwill-bsrequiredtvdemonstrate-priorpartfcipabon-in the-review-of this project.-- — Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. "afor &dm• rev.311/05 Page 8 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 64-436 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 3A Winter Island Road 64-436 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant w alorrr6.doc• rev.3/V05 Page 9 of 9 Attachment to Order of Conditions # 64-436 ?<` Page 1of 5 �4 F SALEM CONSERVATION COMMISSION DEP FILE #64-436 3A Winter Island Road City of Salem, Massachusetts ADDITIONAL FINDINGS _ Habitats or Rare Wildlife and Certified Venial Pools Map (June 1, 2003) from Natural Based on the Estimated Hab _ _ _ __ Heritage & Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any venial pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the installation of Z-sheet piling to eliminate further deterioration of concrete block sea wall and replacement of utility conduit with 6"PVC pipe in a 2' X 2' trench using existing soil for fill and cap. The majority of the work described above was completed prior to the issuance of this Order of Conditions, therefore this Order is for work "after the fact". The applicant filed a Notice of Intent with the Salem Conservation Commission and contacted DEP regarding their Chapter 91 license. After speaking with Dave Slaggel from DEP, the applicant does not need to file for a new Chapter 91 license, instead he can work under the existing license. The Salem Conservation Commission has required the applicant to submit all information received from DEP regarding the status of the Chapter 91 license. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-436, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. Attachment to Order of Conditions # 64-436 Page 2of 5 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents — --and-this-Order-of-Conditions—T-he-Commission-shall-be-notified-in-writing-within-30_days_ofa1� -_-- transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Existing Pier Ramp Floats Marine Railway Seawall Fill Rip Ran and Slone Protection (Title) August 5, 1993 (Dated) Daniel J. Lynch (Signed and Stamped by) �., Attachment to Order of Conditions# 64-436 Page Sof 5 1v.<s City of Salem Conservation Commission (On fele with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before as Certificate of Compliance haS been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary, during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation,including trees, or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. EROSION CONTROL 20. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 21. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered „m Attachment to Order of Conditions # 64-436 p t Page 4of 5 through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 25. Within thirty (30)days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 26. If soils are to be disturbed for longer that two(2)months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 30. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 31. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 32. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 37. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions # 64-436 Page Sof 5 �a (3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include but are not limited to,all buildings,se tp is system components,wells, _ utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 38. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 39. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission, may the applicant request in writing a Certificate of Compliance as described above. 40. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 41. Prior to receiving a Certificate of Compliance the applicant shall submit information from DEP, regarding the Chapter 91 License stating whether or not the existing license can be used for the current work,to the Salem Conservation Commission or the Conservation Agent. Massachusetts Department of Environmental Protection Pro,vided by DEP ! t%-..7,� M =, 'Ms 1 - i Bureau of Resource Protection - Wetlands51 El ,xu DEP File Number r WPA Form 3 - Notice of Intent ' Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem _.u. Citylrown Whenfilling out Important: A. General Information When forms on the computer,use only the tab key 1. Project Location (Note: electronic filers will click on button for GIS locator): to move your 3A Winter Island Road cursor-do not Salem 01970 use the return a. Street Address b.City/Town c.Zip Code key. Latitude and Longitude: 42.31.54 70.52.13 d. Latitude e. Longitude Q 44 0013 f.Assessors Map/Plat Number g. Parcel/Lot Number IA 2. Applicant: Peter Haywood Winter Island Yacht Yard, Inc. a.First Name b. Last Name c.Company Note: 3A Winter Island Road Before d. Mailing Address completing this Salem form consult MA 01970 your local e.City/Town f.State g.Zip Code Conservation 978 745-3797 978 740-1808 dhaywoodo_wiy .net Commission h. Phone Number i. Fax Number 1. Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. Diane M. Revocable Trust Haywood b. Last Name c.Company 3A Winter Island Rd d. Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 978 745-3797 978 740-1808 dhaywood wiyy.net h. Phone Number i. Fax Number /. Email address 4. Representative (if any): a. Firm b.Contact Person First Name c.Contact Person Last Name d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number /. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $360.00 $167.50 $192.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid 6. General Project Description: Install Z-sheet piling to eliminate further deterioration of concrete block sea wall. Replace utility conduit with 6" PVC pipe in a 2'X 2' trench using existing soil for fill and cap wpaform3.doc•rev.9/13/06 Page 1 of 7 Massachusetts Department of Environmental Protection ProVidedbyDEPi 3�} *fur db 45 5 est Bureau of Resource Protection-Wetlands • � �I NtDEP File Number �.. t'a ,. WPA Form 3 - Notice of Intent ' 3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ;Document Transaction Number Salem Cityrrown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry is ❑ Transportation j. ® Other 8. Property recorded at the Registry of Deeds for: Essex South 216 a.County b. Page Number 24787 c. Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ® Yes-answer 11 below, then skip to Section C. b. ❑ No- skip to Section B. 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ® coastal resource area The distance between the closest project disturbance and the associated resource area is: 0 d. linear feet wpaform3.doc•rev. 9/13/06 Page 2 of 7 Massachusetts Department of Environmental Protection Provided bypE13:T— l 3 r. Bureau of Resource Protection - Wetlands pEP its, umber.., 4= WPA Form 3 — Notice of Intentr�l J� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -—Docum—-nt Transaction Number Salem Citylrown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Bank 1. linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland T-square feet your receipt 2.square feel page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4,cubic feet of flood storage replaced e. El Isolated Land Subject to Flooding 1.square feet 2,cubic feet of flood storage lost 3.cubic feet of flood storage replaced ❑ For f. ❑ Rivertront area 1. Name of Waterway(if available) projects impacted by 1. Width of Rivertront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. - New agricultural projects only resource area, add ❑ 200 ft. -All other projects 50% to the total fee. 2. Total area of Rivertront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b. Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NO[? ❑ Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaform3.doc•rev.9/13/06 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by'DEP 7%0MrP Bureau of Resource Protection - Wetlands ,t I,DEP File Number h q, WPA Form 3 - Notice of Intent �' YDocument Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem n .. "m City/Town B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1 Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches eaches andlor Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2. qu Cubic yards beach nourishment e. ❑ Coastal Dunes 1. Square feet 2. Cubic yards dune nourishment f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1. Square feet h. ❑ Salt Marshes 1.Square feet 2.Sq R restoration, rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1. Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev.9/13/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEPT x Bureau of Resource Protection -Wetlands181 DEP File Number -- WPA Form 3 — Notice of Intent Document Transaction Number., Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1, ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on your receipt 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) page)with all supplementary information you 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): submit to the Department. a. ❑ 50% or more wetland indicator plants b. ❑ Saturated/inundated conditions exist For all projects c. ❑ Groundwater indicators affecting other d. F-1Direct observation Resource Areas, please attach a e. ❑ Hydric soil indicators narrative f. ❑ Credible evidence of conditions prior to disturbance explaining how the resource 5. Other resource areas delineated: area was delineated. D. Other Applicable Standards and Requirements 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes M No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife b. Date of Map Route 135, North Drive Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.❑ Yes M No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore- Hull to New Hampshire: Island, and the Cape& Islands: Division of Marine Fisheries- Division of Marine Fisheries- North Shore Office Southeast Marine Fisheries Station Attn: Environmental Reviewer Attn: Environmental Reviewer 30 Emerson Avenue 838 South Rodney French Blvd. Gloucester, MA 01930 New Bedford, MA 02744 b. Not applicable—project is in inland resource area onl ❑ PP P 1 Y 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.9/13/06 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: "I Bureau of Resource Protection -Wetlands ".DEP File Number,$ WPA Form 3 - Notice of Intenti Document Transaction Number v Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown D. Other Applicable Standards and Requirements Online users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt page)with all supplementary 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the information you wetlands regulations, 310 CMR 10.00. submit to the Department. a. ❑ Yes ® No If yes, describe which exemption applies to this project: b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: This is a maintenance project and the land surface and composition is not changing. E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the following information you submit to the Department. 1. 0 USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) z. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOL s. ❑ If there is more than one property owner; please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. e. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.9/13/06 Page 6 of 7 Massachusetts Department of Environmental Protection PmvdedbyDEP @'Ij Bureau of Resource Protection - Wetlands ' 'rte ` � r , '.DEP File Number » ' WPA Form 3 — Notice of Intent "Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1. Municipal Check Number 2.Check date 3.State Check Number 4.Check date Winter Island Yacht Yard, Inc. Peter S. Haywood 5. Payor name on check: First Name 6. Payor name on check: Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131 § 40Notice must be made in writing by hand delivery or certified mail (re re eip eq sted) tolaaluiters within 100 feet of the property line of the project location. 10/12/06 Signature o Applicant Date Signature of Property Owner(if different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev.9/13/06 Page 7 of 7 1 \ V- \` 1 AamtP 9 �.. .. i' � - Haste Snoop yrA i PoimM Galt Course., �o ..,. ...... ..°rd%nt ...... " =-.......... , s `.. _- i... ..:.,_.. z Lobver I _..... eyl C _1, C . #; Alt # �F '' y - Great Haste e�» _''` I e s ? Salert�Neck Island • Sch r i.Y" I *akii��.��d` :.,� Juniper e\ n C '' CF Pont Haste Rock to •10� 3 e . u4tjffcr4r co Fi mer ,18 e .r, e Sehr -•� < f,l an d P _ � \�• K;c- Coney IslandSu `ter Gio - _ �, :,� fi l•rI ,[, ,�.` n Piokenng • owe YAd'�" Boat RemPHathVide Knapp. r Sale- r• "� • :i: � *Aod /' Rock w ` Perk "r0>T ,1i 1. :r 'Commq �I• • Selem Terminal Tdangle eP •. + rCH • / Wellman R�_ n 6loutmen.. g '^ flute- e - h Navgua ' . nIre 'l f Imp. n 001ibar Willem Rock ti t .•r ,: . � I I I < ava ` r:*P,Pachal r:e¢fetwm 11r r 'Ught Folgem •� �, o / l� e .. ,dpi";ir:, Point •_^ 'w.'_ �tl '' '- "' ong Point' S.4j.E a " 'P`d f +..�o41yt�'ie.:0 SC"10r Brown r .�,'z,•, _?::CoIK 1-I. RBOR: c P' Island y ' A .. ISubsta_. ry r ` ,1� :. ..Palmer / �r ��o ° a' s'C' 1 r Point / L •�,,,,• Pa , < yy + Dun airy a/end ¢ka Rooke AFort Sewall _ • l -~ .Picherog „ ' gt�IVI A R� B L r' F 1 ?Point ' F a / o ! an n}ARBi.FHEAr A ` ! \ • / < f' .i `^: <•• oodwins ei HeadQt Jack Point Point 5<h �;Y t +�. r, Galt Course fle \ \: , • , ° ,.." v. .w" .. ''\ mP HARBOR r v' +�:y 111' JBBP(§r " +:-.i• ( •u h,�'„` Palk �. T!3 744`�sW4MPSN1165 RM ., eke 34 l 52' 30” 348 349 S O' s a a '.KALE 1:25 000 Soo 0 loon I CEN11METER ON THE MAP REPRESENTS 250 METERS ON TIRE GROUND --D _ 2 CONTOUR INTERVAL 3 METERS loco 0 2aoa 1000 6000 h • � u o J�� tl V wc+mm Et w wnttea ix 4tao as wo• Zoe ,\ iLDCUS MAP ZZ 4�, c qVc ER clo M� °��vE I�= CAVE a, iryNE F ` REO�gj qvE s ' LE F >onRcw ALUM_ ki AMP u' 4COIV WOOD FLOAT V � 6yFAIg (Z) 5V x 70' WOOD ALLAN, R. STUMMER,Ei.AL FLOATS S COLUMBUS 5Q. % SAI 9 kA , RAA_ 3ti .a '' G Z-SHEE rZEy N fr F RIP RAPT }, MARY E. BALLOU WINTER SSLAND ROAD-., -TIb1�EFC— SALEIKA LAUNCHING NSF S ��I7 PLATFORm OVERLOOK NOMIh1EE� TRUST 3 WINTER S7LAlQD RDAD , SALEM , MA. io c MOU� WINTER 243LAND ROAD r�,NOTETHIS PIAN NOT BASED ON AN INSTRUMENT SURVEY AND SHOULD O 60 120 NOT BE- U3ED FOR OETERMINATION OF PROtbERTY LINE'S. i PLAN AQWWAUWNG PETITION OF 0.m It SK �rmusT PLAN P¢TWRL. I4AHW000, TRVST's� 3A WINTER ISLAND RD., aAL M,MA,pMo EXISTING PIER RAMP FLOAT45 MARINE RAILWfAY, SEAWII4LL. *FILL , RIP RAP i 31-OPE PFitJ1LCTION DANIEL J . LYNCH i Aue 5, PROFEMIONAL ENGNERS 4 M X F U30 816"A-A'G AVG. MHW vil. Z-Suver PrI UNG 8� CONCRETE BL.00K5 I MH W - SECTION C C- I LONG Z-SHser t�iLEs � �� MHW RIP RAP A r r SECTION C9- p X. Wit LONG ;AVG. S2 5C.4L.E I Pt AN /�CCpuj�jANYING PUITION AF M-N.iCEA•t.ZY TRLmr :SECTIONS Arras w4*4W 4®9. T'-sE rec s SOUEM,MA.st71'i EXISTING PIER , RAMP, FLOATS MARINE RAILWAY, SEAVOLL,, FILL. RIP RAP 4 3LOM PROTECTION DANIEL %L LYNCH PROFE3310Nt 04GINEM61 ZUR1 Message Page 1 of 1 Carey Duques From: Diane M. Haywood [dhaywood@wiyy.net] Sent: Thursday, November 30, 2006 12:33 PM To: Carey Duques Subject: DEP follow up Hi Carey, We have submitted our paper work to Mr. David Slagle at DEP Waterways Regulation Program on 10/31/06. I sent the package by US mail with a certificate of mailing included. We have made 3 follow up phone calls and left messages for Mr. Slagle. Our most recent attempt was today, 11/30/06 at 12:15pm. To date we have not heard back from him. Diane Haywood Winter Island Yacht Yard 3A Winter Island Road Salem, MA 01970 978 745-3797 Add Emotion Icons to vour Emails x.n �w��iC ho�c2 11/30/2006 Public Hearing—Notice of Intent— DEP #64-436—Peter and Diane Haywood, 3 A Winter Island Road, Salem, MA. The purpose of this hearing is to discuss repairs to an existing concrete block seawall within Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 3 A Winter Island Road. Comments: Carey: • Work already began at this site a few weeks ago. I visited the site and asked that they cease and desist all work until an NOI had been filed, reviewed, and an Order of Conditions issued by the Commission. • After talking with the applicant, the Z-sheet piles will be installed from landside with a pile driver. • The plans currently do not show the location of the utility conduit, but I've asked the applicant to include this information on the plan for the hearing and final submittal. �' ct�,crnrc� --� -J "11 ? wnw i - �t`/�ry� Ini�t ass n � walk Inc�sic� M6 -- -- rKa 4 o a � WINTER ISLAND YACHT YARD iNc1" Pi rkjE,E4 }„fes, PETER&DIANE HAYWOOD November 6, 2006 DEP Waterways Regulation Program One Winter Street Boston, Ma 02108 (617)654-6520 Attention: Mr. David Slagle Dear Mr. Slagle, Winter Island Yacht Yard is requesting a minor project modification involving a 90 ft section of our concrete block sea wall. The concrete blocks have deteriorated to the point where we are in danger of losing the corner of the yard where we haul the boats from. We drove sheet piling, H- 12, 25' L with 10' exposed, for 35' along the boat ramp, turning and running South for 45' , in front of the concrete block wall, at the toe of the adjoining rip-rap wall. We tied the wall back with 1-3/4” Dywidag bars 40' into the yard, secured in a 34' L x 3' H x 4' W concrete wall buried 4' below grade. Please find enclosed drawings submitted to the local Conservation Commission. Yours Truly, �� 0 Peter S. Haywood, CEO WINTER ISLAND ROAD SALEM MA 01970 • INF0CaWYY.NET • (978) 745-3797 v (978)'740-1808 F y .v CITY OF SALEM CONSERVATION COMMISSION %TTF VTSTT FARM PROJECT LOCATION: W i ( 1ww1� 000 •john DATE OF SITE VISIT PROJECT PROPONENT:Pit f t Lam 16DEP FILE NUMBER: �y y36 PROPOSED WORK: )M:dfi --SU :0Ilgg '�l �_ � Y�.' �•., tV`3Gs ':Y' X34. e+ ��,,. {. ` .Tv�'. „„: Com ion s/ gent: t Abutters: \ u.Gti Applicant/Property Owner/Representative: SITS SIT PURPOSE ` S �. ❑Request for Determination ❑Abbreviated Notice of Resource Area DelineationNotice of Intent ❑Certificate of Compliance El Enforcement/Violation ❑Emergency ❑ Informal INLAND RESOURCE AREAS ij COASTAL RESOURCE AREAS ❑Bank Land Subject to Coastal ❑Land Under the Ocean Storm Flowage ❑Bordering Vegetated Wetland '? ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: i+ %Coastal Bank ❑Rocky Intertidal Shore n ii ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run �E i6 ❑ Bordering Vegetated Wetland in Coastal Area �t 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAQ;: 978.740.0404 • WWW.SALEM.COM B EEERZONE�.(withii�100-feet �` �� ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune �INTERESTS'PROTECfED^ �`„ '`°�" '' ❑Protection of Water Supply ❑ Protection of Groundwater Supply ❑Flood Control Storm Damage Prevention Prevention of Pollution ❑Protection of Fisheries ❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly?-If not,explain. a ,—vR'°"',u'iN'%3^ "3( FpRSs @a*e C 4Pk° a 5 �RSIDOGtIMN tTION. [�:t 8 xi ' ❑Photos ❑ Site Map ❑Other: � .MIa. OBSERVATIONS. , p w x s t .a ,;- - '" Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. "RECOM,MENDATIONS. & ..0 ,� r, :: $ ' "` 'a Dear Mr Page 1 of 2 Carey Duques From: Carey Duques Sent: Tuesday, October 03, 2006 2:09 PM To: 'dhaywood@wiyy.net' Subject: FW: Salem Conservation Commission- Project Application From: Carey Duques Sent: Tuesday, October 03, 2006 2:06 PM To: 'dhaywood@wiyy.net' Subject: FW: Salem Conservation Commission- Project Application From: Carey Duques Sent: Tuesday, October 03, 2006 2:05 PM To: 'Dhaywood@wiyy.net'; 'Phaywood@wiyy.net' Subject: Salem Conservation Commission- Project Application Dear Mr. and Mrs. Haywood, In response to our meeting this morning I'm providing additional information regarding the necessary steps you need to take before doing any more work at Winter Island Yacht Yard. As discussed with Peter Haywood, please be sure to remove all stockpiled material from 100 feet of the coastal bank and beach. If this is not possible please cover the entire pile of stockpiled material with a tarp and secure into place to prevent the migration of material from the land into the water. The Conservation Commission is responsible for enforcing the Wetlands Protection Act and this project requires the filing of a Notice of Intent before proceeding with additional activities. Application An application and instructions for completing a Notice of Intent (NOI) (Form 3) can be located at http://mass.go_v_/dep/water/approv_als/wwforms.ht_m A copy of the completed NOI shall be sent to DEP at their regional office in Wilmington, MA The original and seven copies shall be sent to: The City of Salem Conservation Commission Attn: Carey Duques 120 Washington Street Salem, MA 01970 Filing Fee The filing fee is determined based on the proposed activities. This form can be found on the same web page listed above but under the NOI Wetlands Fee Transmittal Form. Please note that this fee needs to be divided among the DEP and the Salem Conservation Commission. Also note the DEP fee is to be sent to a PO Box NOT the regional office listed for the application. 10/3/2006 Dear Mr . Page 2 of 2 Abutters Notification According to the Wetlands Protection Act abutters located within 100 feet of the project shall be notified. I will compile the list of abutters, which will be confirmed by the assessors office, and will have it sent to you. It will be your responsibility to fill out and send the notice attached to this email to the list of abutters provided to you. The notices will need to be sent via certified or certificate mail. The Commission will need to receive the green cards or the date stamped receipts showing that the abutters received the notification. Legal Advertisement A brief description of the project and the date of the public hearing before the Conservation Commission will have to be advertised in the local paper. I will compile the advertisement once I receive your application. It will be your responsibility to pay for the advertisement so I will have the bill sent to your address. As I mentioned this morning, I need 2 weeks to compile the necessary information, advertise the project, etc so please try and have the necessary information to me as soon as possible. If you can have the information to me by next Thursday October 12, 1 can put you on the agenda for Thursday October 26. Feel free to contact me with any questions. I realize this is a lot of information. Thank you, Carey Duques Carey R.Duques Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem,MA 01970 (p) 978-745-9595 ext.311 (1) 978-740-0404 cduques@salem.com wwl .salentxom 10/3/2006