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64-221 - SALEM WILLOWS, RESTAURANT ROW - CONSERVATION COMMISSION { lew RMOWs re6st pow r e 7 � I v Q r J 310 CHIC 10.9 9 DFP File Na 64-221 Form 5 (To be provided b/DEP) Citfgme SALEM APPSt Salem DPW Cosmoaarealth of Xassachusetts Order of Conditions Massachuetts Wetlands Protection Act G.L. c. 131, 540 From Salem Conservation Cnmmfccinn Issuing Authority To Salem Department of Public Works City of Salem (Name of Applicant) (Name of property owner) Address One Salem Green Address SAMF. This order is issued and delivered as follower ® by hand delivery to applicant or representative on January 19, 1994 (date), ❑ by certified mail, return receipt requested on (date) This project is located at Salem Willows, Restaurant Row The property is recorded at the Registry of N/A Book N/A Page N/A certificate (if registered) The Notice of Intent for this project was filed on 11/24/93 (date) The public heariay was clos=d on_ neromhar a Taoz (date) Findings The Commission has reviewed the above-referenced Notice of intent and plane andhas held a public hearing on the project. Based on the information available to the Commiss ion at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presuiptions of Significance set forth in the regulations for each Area Subject to Protection under the Act (check as appropriate): Public water supply Flood Control Land containing shellfish Private water supply Storm damage prevention Fisheries Ground water supply Prevention of pollution, Protection of Wildlife Habitat Total Filtng Fee Submitted $55.00 State Share $15.00 (1/2 fee in excess of $25) City/Town Share WAIVED Total Refund Due f City/Town Portion f State Portion$ (1/2 total) (1/2 total) Effective 11/10/69 5-1 Therefore, thehereby finds that the following corditions are necessary, in accordance with the Performance standards sCet��f.orthissin the regulations, to protect those interests checked above. The orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plane, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. The order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4. The work authorized Hereunder shall be completed within three years from the date of this order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this order. 5. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the order. o . A.,y F 11 used in conneatior. with thi s r, �7ect _nail 'oe ci_a., fill, conta.c_ny no trash, refuse, rubbish or d t,:iu, in,luding Lut sot li.nita.: to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. in the case of recorded land, the Final order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final order shall also be noted on the Land court certificate of Title of the owner of the land upon which the proposed work is to be done. The recording informatin shall be submitted to the Commission on the form at the end of this order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, •Haesachusetts Dep4 rtmint of Environmental Protection, File Number 6 10. where the Department of Environmental Protection is requested to make a determination and to issue a Superseding order, the Conservation ngs before Commission shall be a party to all agency proceedings the Department. 5-2 i 11. upon completion ci tho work described herein, the appl=cant shall forthwith request in writing that a certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: Plane: Title Dated signed and stamped by: on File with: Plans attached to Notice of Intent 11/23/93 RAL Comnission special conditions (use additional paper if necessary) SEE ATTACHED CONDITIONS (Leave space .Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3A Pians: Title Dated signed and stamped by: on File with: special conditions (use additional paper if necessary) (Leave space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 5-3B issued By Salem Conservation Commission L si na ural( This order must be signed by a majority of the Conservation Commission. on this 9th day of December 19 93 , before me personally appeared the above mentioned , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. .Tuly 15, 1999 Notary Public My commission expires The applicant, the owner, any person agrrieved by this Order, any aver 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 Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hard delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days frau the date of issuance of this determination. A copy of the request shall at the same time be sent by certified mail or hard delivery to the Conservation Commission and the applicant. Detach on dotted lire and Commission submit to the prior to commencement of cork. ............................................................................................................ To Salem Conservation Commission —Issuing Authority Please be advised that the Order of Conditions for the project at Salem Willows, Rest. Row File Number 64-221 has been recorded at the Registry of Essex and has been noted in the chain of title of the affected property in accordance with General Condition 9 on ,19 If recorded lard, the instrument num r which identifies this transaction is if registered land, the document ru bar which identifies this transaction is Signature Applicant 5-4A issued by the Deparcment of Environmental Protection signature on this day of 19 before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 1 Notary Public my commission expires The applicant, the owner, any person aggrieved by the Superseding Order, any owner of lard abutting the land upon which the proposed work is to be done, or any ten persons pursuant to G.L. c.30A 51GA, are hereby notif fed of their right to request an adjudicatory hearing pursuant to G.L. c.30A, 510, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days frac the date of issuance of this _ - Superseding Order, and is addressed to: Docket Clerk, Office of General Counsel, Deportment of Environmental Protection, One winter Street, Boston, MA 02108-• A copy of the request shall at the same time be sent by certified ami( or hand delivery to the Conservation Commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Hearing shall empty with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP Wetlands File Number, new of the applicant and address of the project; (b) the complete new, address and telephone number of the party filing the request, arid, if represented by counsel, the name and address of the attorney; (c) the neves and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Superseding Order, including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations (310 CMR 10.00) and does not contribute to the pro(+ctnon of the int�rects identified in the Act, and (3) the relief sough? through the enjudi^atory hearir„ ii.ctudirg soe,.•fically the _.-angel aesired ii the Superseaine Oru (e) a sratecent chat a cvoy of the raqu_st her been sent to the applicant, the :onser ition tommis%i^n and each other party or represent.ctive of sur.n parry, if known. Failure to submit all necessary information nay result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. Detach on dotted line and submit to the prior to commencement of work. ............................................................................................................ To Issuing Authority. Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 on 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 5-413 SPECIAL CONDITIONS 1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice of Intent. 2 . Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3 . Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed, in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4 . All work shall be done during low tide. Prior to high tide, work shall be stabilized. 5 . Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 6. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. 7. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 8 . * Use or storage or rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 9 . Applicant shall restore any disturbed area during project construction and be properly dressed. `Y F f 10. Notice shall be given this commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the name(s) , address (es) , and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. jm\dh\sp=end wCITY OF SALEM CONSERVATION COMMISSION Will hold a public hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act, Mass G.L.Chapter 131,Section 40,at the request of the Salem Department of Public Works. The proposal involves the placement of stone rip-rap on City park land to prevent erosion located at Salem Willows, Restaurant Row,Map 45,Lot 89. The hearing will be held on Thursday,December 9,1993 at 7:00 p.m.,One Salem Green,second floor conference room. " BETSY BORNE, Chair December 1, 1993 I�_- - SN37192 j 310 CMR 10.99 DBP File Na (To be prwndcd by DEP) Form 3 cityfrown `>/1l.Et-1 Appticent SRI>=P1 Commomrealth Department of of Massachusetts Defense Vatted States Notice of Intent of America Under the Nassachusetts Wetlands Protection Act, G.L. c. 131, 540 and Application for a Department of the Army Permit Part 1: General Information 1. Location: Street Address Salem Willow,. Restaurant now Lot Number 89 Map 45 - 2. Project: Type Description Plaremant of Ctnnc Rin-Rnp to prevent erosion of City Park Land 3. Registry: county N/A Current Book a Page Certificate (if Registered Land) 6. Applicant City of Salem, Department of Publir Works .Tel., 9OR-745-9595 Address One Salem Green, Salem, MA 01970 ext. 321 5. Property owner City of Salem Tel... Address- 6. Representative Same as Applicant Tel. Address 7. a. Have the Conservation commission and the Department's Regional office each been sent, by certified mail or hand deliver, 2 copies of completed Notice of Intent, with supporting plans and documents? yes ❑ No ❑ b. Has the fee been submitted? Yes ® No Q C. Total Filing Fee submitted $55.00 d. City/Town share of Filing Fee Waived state share of- Filing 'Fee-,15.00 (sent to City/Torn) (Y, of fee in excess of.$25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? ® Yes ❑ No 3-1 Effective 11/20/92 8. Have all obtainable permit-, variances and approvals required by. local by-law been obtained? ' Yes ® No ❑ obtained Applied ror: Not Applied For: 9. is any portion of the site subject to a wetlands strictypn order pursuant to-G.L. c. 131, S40A or G.L:-cr-' 130, S1057 yes U No UL 10. List all plans and supporting documents submitted with this Notice.of Intent. ,_.�.m... .. - Identifying Number/Letter Title, Date 1. Locus Man 11-23-93 , Z_ _...._ _., __ Location of PropnsAd fork 11-91-Ql 3. Proporses Shore Protection 11-23-93 11. Check those resource areae within which work is proposed: (a) ❑-Buffez Zone (b) Inland: - ❑ Bank* r--- -----_ _._. .___ ._ . ..__.____ _.Land subject to Flooding ❑ Bordering Vegetated wetland* ❑ Bordering ❑ Land Under Water Body i waterway* ❑ Isolated (c)7 coastal: ❑ Land Under the ocean*Y ❑ Designated Fort Area+ ❑ coastal Beach* ❑ coastal Dune ❑ Barrier Beach* ® coastal Bank ❑ Rocky intertidal shore* [3'-salt marsh* ❑ Land Under salt pond* ❑ Land containing shellfish* 0-Fish Run* *Likely to involve U.S. Army corps of Engineers concurrent jurisdiction. See General instructions for completing Notice of intent. 3-2 12. is the proje_t within es�,imatei habitat which is indicated on the most recent Estimated Habitat Nap of State-Listed Rare wetlands wildlife (i-' any) published by the Natural Heritage and Endangered Species Program? YES [ ] NO [ gj Date printed on the Estimated Habitat Nap NO NAP AVAILABLE [ ] (if any) Mnrhlahpnd Smith 19RR If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered species Program via the U.S. Postal service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ ] NO [ ] If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered species Program. Part II: Site Description indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. identifying Number/Letter (of plan, narrative or calculations) Natural Features N/A soils N/A Vegetation 3 _ ,_ Topography 1 5 2 open water bodies(including ponds and lakes) N/A Flowing water bodies(including streams and rivers) N/A Public and private surface water and ground water supplies on or within 100 feet of site N/A maximum annual ground water elevations with dates and location of test N/A Boundaries of resource areas checked under Part 1, item 11 above N/A other man-made Features: 2 structures (such as buildings, piers, towers and headwalls) N/A Drainage and flood control facilities at the site and immediately off the site, including culverts and open N/A channels (with inverts) , dams and dikes subsurface sewage disposal systems N/A Underground utilities. 3-3 1` Roadways and parking areas N/A Prop:rty .bouticari.e%, _as—tents and rights-of-:ray N/A Other Part III: Work Description Indicate-which of the following .information.has been provided (on a plan, in narrative description or calculations) to-:clssrly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. _ _7:: X r �ksdentifying :r.... :;z_ : _.. . _,.. ,z -Number/Letter (of plan, narrative or calculations) Planview and Cross section of: N/A structures(such as buildings, piers, towers and headwalls) N/A Drainhis and flood control facilities, including culverts and open channels(with inverts) , dame and dikes N/A Subsurface sewage disposal systems i-underground utilities 3 Filling, dredging and excavating, indicating volume and composition of material N/A compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. N/A wildlife habitat restozation *r cepicati"cn 'areas N/A other Point source Discharge N/A Description of -characteristics of discharge from point source (both closed and open channel), when point of --,.discharge falls :within.resource area checked under Part 2, item 11 above, as supported by standard engineering - calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; - 2. Pre-end post-development peak run-off from the drainage area, at the point of discharge, for at teast the 10-year and 100•year frequency storm; 3. Pre- and post-development rate of infiltration contributing to the resource area checked under Part 1, item 11 above; 4. Estimated rater quatity characteristics of pre- and post-development run-off at the point of discharge. 3-4 Part IV: Mitigating Measures i. Clea. iv, �-.n(etely r.rd accurately descr'!,e, with reference to supporting plans and calculations where nccessary: (a) All measures and designs proposed to met the performance standards set forth under each resource area specified in part 11 or part III of the regulations; or (b) Why the presueptions set forth under each resource area specified in part 11 or part 111 of the regulations do not apply. ❑X Coastal Resource area Type: Identifying number or ❑ inland letter of support documents The work to be performed under this Notice of Intent is to place stone rip-rap on top of existing loose rock & ledge to 3 prevent further erosion of existing park land. All rock to be placed by machine. ❑ Coastal Resource Area Type: Identifying number or ❑ Inland letter of support documents 3-5 0 Coastal Resource area Type: -ienti.fying number. or ❑ Inland letter of support documents ~_2 C teeny, completely and accurately describe, fiith reference to supporting plans-and calculations where necessary: - - - - (a) ail measures and designs to regulate work within the suffer Zone so as to ensure that said work does not alter an area specified in Part I, .section 10.02(1)(a) of these regulations) or-, (b) if work in the suffer Zone will alter such an area, ail measures ind designs proposed to meet >" performance standards astahlished for the cdjacen, resource area, specified ir, Part-11 0^ Part III of these regulations. ❑ Coastal Resource area Type Bordered Identifying number or ❑ Inland By 100-Feet Discretionary Zone: letter of support documents 3-6 Part V: Additional Information for a Department of the Army Permit 1. COE Application No. N/A (to be provided by COE) 2. (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives (i.e., other locations and/or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands) .. S. 8S• x 11' drawings in planview, and cross-section, showing the resource area and the proposed 'activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. certification is required from the Division of Water Pollution control before the Federal permit can be issued. certification may be obtained by contacting the Division of Water Pollution control, 1 Winter. Street, Boston, Massachusetts 02108. where the activity will take place within the. area under the Massachusetts approved coastal zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is ,;onsistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents and supporting data are true c 'later t Xlhe best of my knowledge. signature of Applicant Date Signature of Applicant's Representative Date FORM "Exception to ENG Form 4345 approved by NOUSACE, 6 May 1982" NED 100 (TEST) - 1 MAY 82 -This document contains a joint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States raters. The Office of Management and Budget(ORB) has approved those questions required by the US Army Corps of Engineers. OMB Number 0702-0036 and expiration date of 30 September 1983 applies". This statement nil( be set in 6 point type.. 3-7 JOB 'ta CITY OF SALEM 3 ENGINEERING DIVISION SHEET NO. OF 3 S One Salem Green CALCULATED BY �^l� DATE R[�[ Salem, MA 01970 CHECKED BY DATE (508) 745-9595 x-327 SCALE lrr \ IA � I � , Y[YMMI J�J v,[ro^y ti lags •^ � I I / K 44 II S(S I WILLOWS .. \ TRfA M�IIFN,GF � T v MAN e. >tATIOry 1 CO. O \ J U M 1 Y . \ P 9 1 11) 7 ._.__.............. °L�GYT YpYf[ ......... { _... ._ ............ . hs/L.�VJ. . I-1� ... . . _..._.. ........_ _._. . _.._._ .. ._.......... JOB- CITY OF SALEM ENGINEERING DIVISION SHEET NO. OF 3 y One Salem Green CALCULATED BY lam` DATE uoKc Salem, MA 01970 CHECKED BY DATE (508) 745-9595 x-327 SCALE LEDGE --- EXISTING LO❑SE LEDGE :ROCK & L GE : : :: : . `BALL CONCRETE PAD a 1 ❑CE:AN ' , CX.6-TI'>,� C= HDME RA SS A t i �tiJ f 0� CITY OF SALEM JOB ENGINEERING DIVISION SHEET NO. v OF ;y y One Salem Green CALCULATED BY �-A�— DATE '!- L-2 3 c Salem, MA 01970 CHECKED BY DATE (508) 745-9595 x-327 SCALE ..._._ ..... _ . .......... .......... .................. S . z _- ............... ............_... .. i ........ ..... ..__ ._: __ .:... .. ...:. _.. ..... p Lam' ........ _..�_._ j .......... ........--....... ---- _ .... �bTE .0 kw— \�pR� .� hvoJG `:1'<,t•i,cti ADZ(,�. _�-�7(Av F-h.J. ... -=�2 r2 __.................. s.._...... '..-...... ......... r Commonwealth of Massachusetts Executive Office of Environmental Affairs r Department: of _ R 0 IVSD Environmental, ProtectionJAN 1 3 1994 r Metro Boston/Northeast Regional Office --- William F.-Weld. .,, - g990gp�f mm��., 5y Q� " ... Governor - -._ .. _-. &�W1N 197 E �G$"i:�jfft� L�'r_ . Daniel S.Greenbaum- Commissioner reenbaumCommssioner _ DEP File # 64-221 RE : NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM ( DATE : 12/27/93 (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance-,,with the Wetlands Protection Act (M.G.L. c . 131, §40 : ( Applicant : SALEM DEPT. OF PUBLIC WORKS Owner: SAME i ( Address : 1 SALEM GREEN Address : SALEM. MA 01970 Project Location: SALEM WILLOWS RESTAURANT ROW LOT 89 MAP 45 . IF CHECKED, THEIFOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: A- (X) This project has been assigned the following file # : 64-221 Although a file # is being issued, please note the following: MUST DESCRIBE MITIGATION AND CONFORMANCE TO PERFORMANCE STANDARDS FOR COASTAL BANK IN NOI PART IV(1) PLANS SHOULD SHOW EXTREME & MEAN COASTAL TIDE ELEVATION AND MUST BE_ SIGNED- &- STAMPED - BY- REGISTERED PE. COASTAL BANK BOUNDARIES MUST BE IDENTIFIED ON PLANS . CAN NOT. DETERMINE-401 JURISDICTION WITH INFORMATION PROVIDED. ISSUANCE OF A FILE NUMBER'-INDICA:TES ONLY COMPLETENESS. OF SUBMITTAL, NOT APPROVAL OF APPLICATION B . ( No File # will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00: 1 • ( ) _ copy (s) of a completed Notice of Intent (Form 3 or Form 4 of Sect . 10 . 99, whichever is applicable) and a copy of the Fee Transmittal Form, with a copy of the check for the State ' s share of the Notice of Intent filing fee. 2 • ( ) _ copy (s) of plans calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas . 3 . ( ) _ copy (s) of an 834" X ill, section of the USGS map of the area. 4 • ( ) _ copy (s) of plans showing compliance with Title 5 of the State Environmental Code, 310 CMR 15 . 00 . 5 . ( ) Proof that a copy of your Notice of Intent has been mailed or hand i>7,i -delivered to the Natural Heritage and Endangered 'Species Program. COMMENTS : ..:-_ . (see-page, 2 .for-additional information) ,^ - 10 Commerce Way • Woburn, Massachusetts 01801 0 FAX(617)935-6393 0 Telephone(617)935-2160 ( ) Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. ( ) Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review (call 1-800-362-4367 for information) . 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water uality Certification from the Department of Environmental Protection and may -equire submittal of a 401 application form. See below for further details : Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department of Environmental Protection has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards, provided that : a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department ; b) the Order of Conditions does not cause the loss of more than 5, 000 sq. ft . of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1 : 1; and d) the project is not exempt from the M.G.L. c . 131, X40 - the Wetlands Protection Act; is not part of a subdivision; does not cause the loss of any wetlands designated as Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore, provided that the above conditions are satisfied, the Final Order of Conditions will serve as the Water Quality Certification for this project . This does not relieve the applicant of the duty to comply with any other statutes or regulations . Before the activity described in the Notice of Intent can commence, you must obtain a Water Quality Certification from this Regional Office . Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. ( ) Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the .Federal Energy Regulatory COmmiscion -f cr work In "waters of -the Commonwealth. " Therefore, your proposed project is subject to 314 CMR 9 . 00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection, Division of Water Pollution Control, One Winter Street, Boston, MA 02108 . Contact the Division of Water Pollution-Control at 617-292-5655 if you have any questions . or more information please contact :MS . SABOUNJIAN at (_617) 935-2160 . . ,c : Conservation Commission ( ) U:S . Army Corpsyof Engineers } Owner ( ) 'Coastal Zone; Management DEP - Water Pollution Control ( ) Representative : DEP - Waterways Other: 2 2Conservation on fi Salem. Massachusetts 01970 5� Nov Z9 11 55 A 9i 4Assn�`�� GLERK't CITY OF SALEM CONSERVATION COMMISSION Will hold a public hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act , Mass G.L. Chapter 131 , Section 40 , at the request of the Salem Department of Public Works . The proposal involves the placement of stone rip-rap on City park land to prevent erosion located at Salem Willows , Restaurant Row, Map 45, Lot 89 . The hearing will be held on Thursday, December 9 , 1993 at 7 : 00 p.m. , One Salem Green, second floor conference room. /`--� ne Betsy Horne Chair Nov embe-s-3A , 1993 This notice posted on "Official Bulletin Board" City Hall Ave.,vSalem, Mass. on Nov ay, /993 at in accordance with ChaP• 39 Sec. 23A & 23B of M.G.L. -10 �• �` � It ist lY a � Mkt,.,; iiftil f;l;,; , t p _ i fel lk fl — i_ IK ♦1.�;� .� � L` ��f � w ` ..$ 'ti �. li ii �. pk , V ->�.,. .." �y �.: .: �tI w� � N �� i�� �p ".S S Jf �! >� . . . ., ..�� � � . \ m . . / � »2� � :�© . 7 4 � a© � - ° :< \ \ \ ^�^ ^^ . ©( < \ § \ \ � �� � \ . a/ _ . � . / , � . 3 � » 2' \ y2 � . � / � ^ . � • F/.. �`"� eye / ..... Y I - F i+ 7 ' �� ��, i t4 r .. '. a+. � df1.. ?�+ ?w� \V> �' I ' , .� ��� � � � R63 ,r' � .� _ � a�l�'�.. + �e'i'"wk��., ��, ,� .-- � a �. � . * - .,,. - _ i y.� t G• '�� ci t it _ \ ��. .��y, . �/ ` : \\ � � §� � c � � �� % 2/: \\ = w ] a � \ . \ y �� � \ / . \ : . �® . . } / \ z °~j\ � [ ( 2 /\��~ . . , [ z ^^ d ��®� � � � \ \ `�. . . a .. .. .: . F' 5 - L�- g cam:.�✓� �'�. vs9 9F 4. I ! t . . � :' ~ � \/~ . � . . . »\ � � � - � � . �2 � .��� � ; ^ > ^ / . � d. \ - ' / r\ y � . g/ pr � � - .�»° � \ � � i - . \ « T�\G� � ( : « � . ( 2 � \. } : � � � � � � . \ � � : : . : . .wc� ° v. r f #r Y d �^� ^%���® \ � � � \ \ . � � . � � / �® . ¥/ \ \ � . .� \ � � � � `�2 - . �- \ � G \ : � � \ , � y� � � � \a . . \ �� � »F .a 1\ 4Yti A ^sem._ ..8 _ f,.r•. p.iL — �tr„, sI ;hip — i rc� _ Commonwealth of Massachusetts Executive Office of Environmental Affairs - Department of Environmental Protection William F. Weld Governor Daniel S.Greenbaum _ Commissioner January 5, 1993 City of Salem, Dept . of Public Works One Salem Green Salem, MA 01970 , Re : Proposed placement of riprap at Salem Willows, Restaurant Row Dear Sir: Based on the information you have provided in your Notice of Intent of November 23 , 1993 and the plans contained within, the Department _ has determined that no license is required at this time . Please be advised that any future work may require authorizations from local, state or federal agencies . If you have any questions with regard to the above, please contact me at (617) 556-1151 . Sincerely, Jill E . Provencal -license Reviewer ` Waterways Regulation Program CC : Salem Conservation Commission James Cahill, Harbormaster ® : .9 One Winter Street - 0 Boston,Massachusetts 02108 • FAX(617)556-1049 e - Telephone(617)292-5500