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64-309 - MCCABE PARK - CONSERVATION COMMISSION Mcc�,w- Q�� � G'1- �1 _ _ J ,. k— � �' 'i ! � �, . 1 L � � ' 1 _...�+..�x ..d • _ `. � � _ � � � S ' ,` � ` Massachusetts Department of Environmental Protection DEP File Number: Ulf Bureau of Resource Protection - Wetlards64-309 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the 10110/00 2%1inst. 473 tab key to This issuance if for(check one): gyp({' j �� 1� �tl'_� 7$ move your 33e�Fii.� 1 t� 9� 1 cursor-do X Order of Conditions not use the return key. ❑ Amended Order of Conditions Y o To: Applicant: Property Owner (if different from applicant): City of Salem Same Name Name One Salem Green Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Project Location: Liberty Hill Avenue Salem Street Address City(rown Map 28 Parcel 18 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 2634 427 County Book Page NA Certificate(if registered land) 3. Dates: - 9/23/00 9/28/00 9/28/00 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Proposed Remediation Plan (Revised) Sept. 15, 2000 Title Date 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello Name 6.. Total Fee: Execpt (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02100 ' Massachusetts Department of Environmental Protection DEP File Number: Ulf Bureau of Resource Protection - Wetlands64-309 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: t�p� 1 Following the review of the above-referenced Notice of Intent and baser9 1the-ilVKbi?n pfv ed?1' t 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: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: X the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (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. WPA Fown 5 Page 2 of 7 Rev.02100 Massachusetts Department of Environmental Protectio,W 16610DE NU31..8 N r Bureau of Resource Protection - Wetlands 64-309 „ r WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. 8. 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, VA DEP"] "File Number 64-309 " 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. 13. Any change to the plans identified in Condition #12 above shall require 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. WPA Forth 5 Page 3 of 7 Rev.02100 I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-309 WPA Form 5 - Order of Conditions Provided by DEP z� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest ors r ���I o �A property subject to this Order and to any contractor or other person or n 1 d 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. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Fo"5 Page 4 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands Cy_307 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: BK 16610 PG 320 This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. gw �2%� Date This Order must be signed by a majority of the Conservation Commission. 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 Protection Regional Office(see Appendix A) and the property owner(if different from applicant). 9A UAI 'Qt � On Pte — Pfr.A� Of Day — V Month and Year 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. Wfdry Public My Commission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested, on Date Date WPA Forth 5 Page 5 of 7 Rev.07100 Massachusetts Department of Environmental Protectio K 1661 aE FGNur-372 1 y Bureau of Resource Protection - Wetlands 64-309 A WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. 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 Appendix E: 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 5 Page 6 of 7 Rev.02/00 Salem Conservation Commission 1[s, i tJ 66 i i► PG 3a2 '� SPECIAL CONDITIONS—DEP FILE # 64 - 30Y1% 1 t� City of Salem, Liberty Hill Avenue, McCabe Park 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission) shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent, the referenced plans, the Act,and 310 CMR 10.00,and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission, agent, or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file# 64-309,and not placed on a living tree. 6. 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. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. 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 Corp 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 (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. 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. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. BK 16610 PG 323 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement 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. 14. Conditions number yS Y(y Y��YS as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. 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 Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be 26 hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; additional measures may be required by the Commission. 22. 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. 23. 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. 24. The areas of construction shall remain in a stable condition at the close of each construction day. BK 16610 PG 324 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty 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. 27. If soils are to be disturbed for longer than two 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 surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans, and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. 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. 30. Only clean fill,free of masonry, stumps,asphalt, and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash, construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby 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. POST CONSTRUCTION 40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed, and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41' Upon completion of construction,the applicant or current landowner shall submit QKlo O IPG %2 5 Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. 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. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves, grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. The shoulders of the present pathway shall be returned to the original width of 8 feet(maximum). 50. The Conservation Administrator shall mark out the 8-foot width of the reconstructed pathway. 51. The applicant shall remove on site the windrow of old asphalt and stone debris located on Kernwood Street side. 52. Extend staked ha bales line on the riverside to intersect with the roadway that leads to the point.Add a line of Y Y silt fence that extends the length of the entire haybales.row.This work shall be completed by October 11,2000. 53. Exposed soil shall be hay mulch(salt marsh grass is preferred if available)to help prevent further erosion. 54. The reconstructed pathway shall be resurfaced with stone dust where needed. 55. Material storage will be located outside the Conservation Commissions Jurisdiction. l Book 16610 Page 327 # Pages 1 Bks 16610 PG 326 56. A revised plan"Proposed Remediation Plan,dated September 15,2000",showing total cross sections of slopes and relocation of the 8 foot pathway shall be submitted at the October 12,2000 Conservation Commission meeting. The plan shall be approved by the Commission. 57. A lip berm shall be constructed along the northeast comer of the McCabe Park parking lot as shown on the revised remediation plan. 58. Remediation work shall be completed by November 11, 2000. 59. During remediation work,there shall be no additional disturbance to the existing vegetation. LL 11 � i j GG4�k off' �^lorks i NOW k�TD LANDSCEARPE SS MTXTU OfliMINA k AP1t 96 P, YEN A8SRYEORASS LEE 1�� 57f A�►,gyy#►A 5 9.5 REDifE&WE CREEP-1"G ' ORGTN2 DA .67% OTHER CROP SEED .029 WEED SEED NET WT. 50 " 1 .41% INERT MATTER COVERS 10,000 SO.FT. LEBANON SEABOARD CORPORATION DENVSOUTH 17517ER ROAD tA . LOT 4832190-3006 TEST DATE AUG 2000 o Inwhiloaa haj Professional Land Surveyors& Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 October 10, 2000 Mr. Donald Cefalo Conservation Administrator City of Salem, Planning Dept. 1 Salem Green Salem, MA 01970 Re: F 11918 McCabe Park Kernwood Ave. Salem, MA Dear Don: Accompanying this letter are twelve copies of the Plan as revised in accordance with our discussions with the Conservation Commission. Please note that only one shoulder is proposed due to site constraints, particularly in the vicinity of Flags 133 through 1310. Ve truly yours, ',James MacDowell JHM:ps enclos`ure- ,--_ 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands �Lf WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L c. 131, §40 Tom A. General Information Important: When filling out 1. Applicant: forms on the Larry McIntire, City of Salem, Park and Recreation Dept. computer, use Name EVail Address(if applicable) only the tab Mack Park key to move your cursor- Mailing Address do not use the Salem Mass. 01970 return key. Cltyrrown 57te Zip Code —V Phone Number Fax Number(if applicable) 2. Representative (f any): n� EngtPrn Tann Srrrvpy Assnrintps Firm James MacDowell Note: Contact Name E-Mail Address(if applicable) Before 104 Lowell Street completing this Mailing Address forth consult Peabody Mass. 01960 your local Conservation City/Town Sate Zip Code Commission (978) 531-8121 regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): Name Mailing Address Cityrrown Sate Zip Code 4. Total Fee: Fee Exempt — Municipal Project (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: 13i11 Avenue, Sat am Street Addr ss Cry/Town 219 1 A Assessors Map/Plat Number %arcel/Lot Number 6. Registry of Deeds: Essex 2634 427 County »ok Page NSA Certificate(if Registered Land) WPA Forth 3 Paget 0l 8 RN 0]100 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 TOWR A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? 1200 ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact (e.g., sq. ft.) Bordering land subject to coastal storm flowage.' 250 SF Riverfront 1200 SF (includes above 250 SE) B. Project Description 1. General Project Description: The project goal is to remediate an erosion condition and to stabilize slopes adjacent to wetland resource areas, as shown on .accompanying plan. 2. Plan and/or Map References: Prnnnseci RPfediation Plan located in Salem, Mass 9/15/00 Tdle Date WPA F.J Rer 02W Page 2 0l 8 DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVVV) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: 0 NA (coastal) Square Feet altered Volume of Flood Storage Lost(cubic feet) 0 Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: none NA Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: none Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered - Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered WPA Fa J Rw.02M Page 3 d8 Massachusetts Department of Environmental Protection DEP File Number: c Bureau of Resource Protection - Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulations (cont.) Fish.Run: Land Containing Shellfish: Linear Feet altered Square Feel altered Land Subject to Coastal Storm Flowage: Beach: 250 Square Feet altered Squirts Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ® 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: mean High Tide Level d. Distance of proposed activity closest to the Mean Annual High-Water line: 5 Feet e. Total area of Riverfront Area on the site of the proposed project: 195,000 Square Feet f. Proposed alteration of the Riverfront Area: 1200 1200 0 Total Square Feel Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft. WPA F.uP 3 . Page 4 of 8 Rm02,00 Massachusetts Department of Environmental Protection DEP File Number: j ,: Bureau of Resource Protection -Wetlands - WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ® DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ SaturatedAnundated conditions exist ❑ Groundwater indicators C ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions priorto disturbance. 3. a. 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? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 No Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes ® No WPA Foam 3 Page 5.18 Rw 0b \, Massachusetts Department of Environmental Protection DEP File Number. R ' ' Bureau of Resource Protection - Wetlands �j WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 room D. Performance Standards 1. 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? ❑ Yes If yes, describe which limited project applies to this project: ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: ® No 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ® Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of aftemative project design or location. Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt: Mitigation program, no commercial or residential construction. ❑ No If no, stornwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Forth and submit it with this form. NPA Form 3 Page 6 0 9 Rn O7 Massachusetts Department of Environmental Protection DEP File Number r Bureau of Resource Protection - Wetlands WPA Form 3 - Notice oIntent y Nf Provided b DEP e T Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town E. Additional Information Applicants must include the following with this Notice of Intent (NOI): • LISGS 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. • Plans identifying the location of proposed activities (including activlties proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. 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 Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (n addition to pages 1 and 2 of Appendix B) to confirm fee payment: Not Applicable — Fee Exempt Check Number Check date Payor name on check Applicant name(if different from payor) 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, § 40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) t all abutters within 100 feet of the property line of the project location. C oC ,U4/16 G Signature or Applicant Oate 9a re of Property Owner(if different) Date � -2i — LGo c. Signature of Representative",any) Date N/PA Fo m J '- Page]of 8 Rev 02/00 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town G. Signatures and Submittal Requirements (cont.) 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 Appendix B; and the cityttown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Appendix A) by certified mail or hand delivery. Other: If the applicant has checked the*yes' box in any part of Section C, 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. WPA Form 3 Page 8 or 8 Rev O2 iry Y.�� r !��f.. r �� Gol Course al 'a°. J � .•f C zvcl n e POP k do E" � �y_— -'_ a 6L '��� s�.• �� /�� _ �— i� / 7rli -_ � x .i � 1.� � � _ 777 V _ • "1� �� /�W it ton 7s9 r �� nd 1 � �✓.acs � J 'i r •. � ` > \�5 ��,.�� �i r � ! ar . � / I / ! /� ;�i (_• _ b � / 'F� //� � sre � Ji �: v ,lea f \ F ch• \ / l ( � �/)� l �.75 L y �—� // r� �\ 6 � � a� _ j - 6-r' O i - �Q Course \ \ Saft'. Curs o"�—` ism ,'• 1 V AVi ti y r��� ' 7 _ i q M ( 0� \ 1 � r �.. 5� r t hj, ay � � ��. ,,, . . >� ��C \ fie• r T \� �� iA� �• • �� •�� t g -� 1 le off: � c � � U� d ar_m �Gr .�• ��� e A 3 �\ 'x � 107 �� � 6 c�ch � •• ®. , \ erplag �. � Ih e;. • 'a o .'rte C"mmo - � <$a/l Nor Terminal all s. .,�/ i j • rf _ /� .✓/lam \� C a FIGURE 1 North SITE LOCUS SITE: Kernwood Park, Salem, MA BASE MAP: USGS Topographic Map, Salem Quad. (1985) SCALE: 1 :25000 metric GULF OF MAINE RESEARCH CENTER GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (978) 745-6618 FAX (978) 741-8648 September 19, 2000 Mr. Jim MacDowell Eastern Land Survey Associates, Inc. 104 Lowell Avenue Peabody, MA 01960 RE: Wetland Delineation Report Kemwood Park, Salem,MA Dear Mr. MacDowell: At your request,Gulf of Maine Research Center, Inc. (GMRC) has delineated wetlands on a portion of the property located at Kemwood Park in Salem,MA(Figure 1). The portion of the property delineated(the "site") included wetlands associated with a culverted stream crossing in the vicinity of a crushed stone roadway that was recently constructed by the City of Salem. On September 12, 2000, GMRC delineated the upper boundary of wetlands in the vicinity of this culvert crossing in accordance with the Massachusetts Wetlands Protection Act(M.G.L. c. 131, § 40)and Regulations (3 10 CMR 10.00). The purpose of this report is to briefly describe the site wetlands and the delineation procedure. SITE DESCRIPTION The site is located southwest of, and borders on, the Danvers River. In the vicinity of the gravel roadway, surface drainage flows either toward an intermittent stream channel and then to the Danvers River, or directly to wetlands bordering on the Danvers River. The National Wetlands Inventory map shows Estuarine Intertidal Flats near the site, but no other wetlands at or near the site. Field inspection found the tidal flats to be located downgradient of the site. These flats are edged by a relatively narrow fringe of salt marsh vegetation, primarily Spartina alterniora, which grades into a freshwater Phragmites marsh that is directly adjacent to the northeast side of the crushed stone roadway. Upstream of the culvert, there is little, if any, common reed present. GULF OF MAINE RESEARCH CENTER INC. Vegetation Common vegetation within the wetlands at the site includes species such as common reed(Phragmites austrahs),jewelweed (Impatiens capensis), purple loosestrife(Lythrum salicaria), arrow-leaf tearthumb (Polygonum sagittatum), sensitive fem(Onoclea sensibilis), and northern arrow-wood(Viburnum dentatum var. lucidum). Common upland vegetation includes climbing nightshade (Solanum dulcamara), tansy(Tanacetum vulgare), multiflora rose (Rosa multiflora), blackberry (Rubus alleghentensis), Asiatic bittersweet(Celastrus orbiculatus), and norway maple (Acer platanoides). Soils Based on the NRCS (SCS) Soil Survey Map, soils in the vicinity of the site are mapped as Urban Land, Chatfield-Hollis-Rock outcrop, and Maybid. Chatfield soils are moderately deep, well drained non-hydric soils that generally occur on ridges and hills. Maybid soils are deep, very poorly drained hydric soils that occur in lowlands. Urban land is mapped in areas where the soils have been altered or obscured by urban works or structures. Soils were examined at locations along the wetland boundary with a hand auger. Soil profiles observed in relatively undisturbed locations generally matched the soil survey descriptions of either Chatfield or Maybid soils. At the site, Chatfield soils occur in uplands, whereas Maybid soils occur in the wetlands adjacent to the intermittent stream channel. Rare Wildlife Habitat The map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools (Salem Quad.) included in the 2000-2001 edition of the Massachusetts Natural Heritage Atlas shows no rare wildlife habitats or certified vernal pools at or near the site. WETLAND RESOURCE AREAS The Wetland Resource Areas present directly adjacent to the crushed stone roadway and culvert crossing include Inland Bank, Bordering Vegetated Wetland(BVW), Bordering Land Subject to Flooding(BLSF), and Riverfrom Area. On the east side of the roadway, the freshwater marsh grades into salt marsh approximately 20 to 30 feet from the roadway. Although salt marsh vegetation is present in the vicinity of the site, no salt marsh is present in the area directly adjacent to the roadway or culvert. GULF OF MAINE RESEARCH CENTER INC. Inland Bank (310 CMR 10.54) The Resource Area Inland Bank is defined as "the portion of the land surface which normally abuts and confines a water body. It occurs between a water body and a vegetated bordering wetland and adjacent flood plain, or, in the absence of these, it occurs between a water body and an upland." The upper boundary of this Resource Area is defined as the first observable break in slope or the mean annual flood level, whichever is lower. At the site, Inland Bank is associated with an intermittent stream channel that flows from the vicinity of Kemwood Avenue, under the crushed stone roadway, and then to the Danvers River. Bordering Vegetated Wetland(310 CMR 10.55) Bordering Vegetated Wetlands (BVW)are defined as "freshwater wetlands which border on creeks, rivers, streams, ponds and lakes. The types of freshwater wetlands are wet meadows, marshes, swamps and bogs. They are areas where the topography is low and flat, and where the soils are annually saturated." The boundary of a Bordering Vegetated Wetland is defined as "...the line within which 50%or more of the vegetational community consists of wetland indicator plants and saturated or inundated conditions exist." At the site,Bordering Vegetated Wetland borders the Inland Bank described above, and is present adjacent to the culvert crossing on both sides of the crushed stone roadway. It is possible that a small area of BVW on the northeast side of the culvert crossing may have been filled during the recent roadwork. This conclusion is based on existing grades and the presence of common reed growing through the crushed stone roadbed in this area. No salt marsh is present directly adjacent to the road; therefore, it appears that any wetland potentially filled would have been an area of Phragmites dominated BVW. Bordering Land Subject to Flooding(3 10 CMR 10.57(2)a) Bordering Land Subject to Flooding(BLSF) is defined as "an area of low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds or lakes." The boundary of Bordering Land Subject to Flooding is defined as the maximum lateral extent of flood water, which would theoretically result from the statistical 100-year frequency storm. The FEMA Flood Insurance Rate Map for the site (Community Panel Number 250102 0001 B, August 5, 1985) shows a 100-year flood zone (Zone A2) present at the site to an elevation of 10 feet NGVD. Therefore, at the site, BLSF is present along the Danvers River up to an elevation of 10 feet NGVD. GULF OF MAINE RESEARCH CENTER INC. Riverfront Area (310 CMR 10.58) The Riverfront Area is defined as the area of land between a rivers mean annual high water line and a parallel line measured horizontally 200 feet outward(25 feet in certain cities and designated densely developed areas). The Riverfront Area may include or overlap other Resource Areas or their Buffer Zones and does not have a Buffer Zone. For a tidal river,the mean annual high water line is the Mean High Water Line as defined under 310 CMR 10.23. Therefore, at the site, Riverfront Area is present along the Danvers River, with the lower boundary being the Mean High Water Line (tidal). Buffer Zone (310 CMR 10.04) The Buffer Zone is described as "that area of land extending one hundred(100) feet horizontally outward from the boundary of any area specified in 310 CMR 10.02(1)(a)." Therefore, at the site, the Buffer Zone extends 100 feet from the delineated wetland boundary. WETLAND DELINEATION Vegetation, soils and other evidence of wetland hydrology were examined as described in the 1995 DEP BVW Delineation Handbook[ to determine the upper boundary of BVW at the site. Areas with a vegetative community comprised of 50%or more dominant wetland indicator species, which also exhibited evidence of hydric soils, were delineated as Bordering Vegetated Wetland. Wetland indicator plants were considered those species with an indicator status of FAC, FAC+, FACW-, FACW, FACW+, or OBL. Characteristics used to identify hydric soils are described in the DEP BVW Delineation Handbook, and in more detail in Field Indicators for Identifying Hydric Soils in New Englandz. Blue surveyors flagging numbered A-1 through A-9, and B-1 through B-12, was tied to vegetation at approximately 25 to 30 foot intervals along the delineated wetland boundaries. Flags A-1, A-2, and A-4 delineate the top of Inland Bank (based on first observable break in slope)where no BVW is present. The remaining flags delineate the upper boundary of the Bordering Vegetated Wetland. Vegetation and soil characteristics were recorded within plots located upgradient and downgradient of the BVW area delineated by the A-series flagging. The corresponding DEP BVW Delineation Data Sheets are attached in Appendix A of this report. I Massachusetts Department of Environmental Protection,March 1995. Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act,A Handbook. z New England Hydric Soils Technical Committee, 1998, 2nd ed. Field Indicators for Identifying Hydric Soils in New England. New England Interstate Water Pollution Control Commission. Wilmington, MA. GULF OF MAINE RESEARCH CENTER INC. SUMMARY Wetland Resource Areas present at the culvert crossing under the crushed stone roadway at Kernwood Park include Inland Bank, Bordering Vegetated Wetland, Bordering Land Subject to Flooding, and Riverfront Area. The upper boundaries of Bordering Vegetated Wetlands (or Inland Bank at a few locations) in the vicinity of the crushed stone roadway have been delineated by GMRC using surveyors flagging labeled A-1 through A-9 and B-1 through B-12. West of the culvert (upstream), vegetation is dominated by species such as jewelweed, northern arrow-wood, and multiflora rose, while east of the culvert (downstream), vegetation adjacent to the road is dominated by common reed. The common reed (freshwater marsh) grades into salt marsh vegetation approximately 20 to 30 feet east of the roadway. No salt marsh is present directly adjacent to the road or culvert area. If you have any questions or require further information regarding this matter, please contact me or Dr. Hugh F. Mulligan at the letterhead address or phone number. Sin 7ely, Joseph H. Orzel Senior Wetland Scientist GULF OF MAINE RESEARCH CENTER INC. APPENDIX A BVW DELINEATION FIELD DATA FORMS KERNWOOD PARK SALEM,MA DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant Salem Planning Board Prepared by: Gulf of Maine Research Center,Inc. Project location: Kemwood Park DEP File#: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary:fill out section I only Fx Vegetation and other indicators of hydrology used to delineate BVW boundary:fill out Sections I and II ❑ Method other than dominance test used(attach additional information) Section I. Vegetation Observation Plot Number: P-1 Transect Number: 1 Date of Delineation: 09112100 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name) (or basal area) Dominance (yes or no) Category' T None in plot R E E S S None in plot A P L S S Northern arrow-wood Viburnum dentatum vac lucidum 20 % MP= 20.5 37.6% YES FACW- H Multiflora rose Rosa multiflora 20 % MP= 20.5 37.6% YES FACU R Staghom sumac Rhus typhina 10 % MP= 10.5 19.3% NO UPL U Common buckthorn Rhamnuscathartfca 5 % MP= 3.0 5.5% NO UPL B S G Jewelweed Impatiens capensis 40 % MP= 38.0 66.1% YES FACW R Climbing nightshade Solanum dulcamara 15 % MP= 10.5 18.3% NO FAC- N Multiflora rose Rosa muffiflora 2 % MP= 3.0 5.2% NO FACU D Purple loosestle Lythmmsalicada 1 % MP= 3.0 5.2% NO FACW+ ' Rush Juncus sp. 1 % MP= 3.0 5.2% NO (WET) C 0 V NOTES: Plot size used was a ozimate 15ft maximum radius due to aha or we8and area. ' se an asterisk to mark wetlan In Icator PF p ant species este in t e e ands Protection Act( c. s.40);p ants in the genus sphagnum; plants listed as FAC,FAC+,FACW-, FACW, FACW+,or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 2 Number of dominant non-wetland indicator plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? Y® it vegetation alone is presumed adequate o aelineare me Lsvw Dounawy,suDmir inis romn Pan me Request For Derennination or Notice or intent. Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation ❑ Site inundated: no 1. Soil Survey Depth to free water in observation hole: none Is there a published soil survey for this site? esQ X❑ Depth to soil saturation in observation hole: appriximately 21 inches litleldate: Essex County,MA,Southern Part; May, 1984 Water marks: no map number: 11 ❑ Driftlines: no soil type mapped: Urban Land,Chatfield-Hollis Rock Outcrop,Maybid Sediment deposits: no hydric soil inclusions: Freetown,Swansea,Whitman,Scarboro, X❑ Drainage patterns in BVW: yes Scarboro,Whately Variant,Scitico, Ridgebury Oxidized rhizospheres: none observed Are field observations consistent with soil survey? r es Q Remarks: Plot soils characteristics as described for Maybid. Water-stained leaves: no Recorded data(stream,lake,or tidal gauge;aerial photo;other): no 2. Soil Description Horizon Depth Matrix Color&Texture Mottle Colors ❑ Other: A 0..6. 10YR311 sill loam 10YR414 common Vegetation and Hydrology Conclusion �8 . .....................aiIt....................................................................... . .................6` 24' - ......... 2.5Y 512 silt day loam 10YR 6/6 commm on yes n0 and to 10YR 516 many Number of wetland indicator plants greater than © ❑ or equal to number of non-wetland indicator plants Wetland hydrology is present Remarks: Hydric Soil Criteria mel: YES (See Below) hydric soil present X❑ 3. Other: (1)Field Indicators for Identifying Hydric Soils in New England,Version 2, 1998. Cdtada Met= III.D. (2)1995 Massachusetts DEP BVW other indicators of hydrology Delineation Handbook: criteria Met= Hydric Soil Indicator#6,pg.29. present ® El Conclusion: Is soil hydric? YES Sample location is in a BVW page 2-site: Kemwood Park Plot. P-1 Tnnaect: 1 Submit this form with the Request for Determination or Notice of Intent. DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant Salem Planning Board Prepared by: Gulf of Maine Research Center,Inc. Project location: Kemwood Park DEP File#: Check all that apply: R Vegetation alone presumed adequate to delineate BVW boundary:fill out section I only ❑x Vegetation and other indicators of hydrology used to delineate BVW boundary:fill out Sections I and If Method other than dominance test used(attach additional information) Section I. Vegetation Observation Plot Number: P-2 Transect Number: 1 Date of Delineation: 09112100 A. Sample Layer and Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator (by common/scientific name) (or basal area) Dominance (yes or no) Category' T Bitter-nut hickory Carya cordiformis 50 % MP= 38.0 43.9% YES FACU+ R Norway maple Acerplatanoides 50 % MP= 38.0 43.9% YES UPL E Crabapple Malussp. 15 % MP= 10.5 12.1% NO (UPL) E S S None in plot A P L S S Crabapple Malus sp. 35 % MP= 38.0 69.7% YES (UPL) H Staqhom sumac Rhus typhina 10 % MP= 10.5 19.3% NO UPL R Multiflora rose Rosa multiflora 5 % MP= 3.0 5.5% NO FACU U Winged euonymus Euonymus slats 1 % MP= 3.0 5.5% NO UPL B S G Blackberry Rubus allegheniensis 25 % MP= 20.5 60.3% YES FACU- R Asiatic bittersweet Celastrus orbiculatus 10 % MP= 10.5 30.9% YES UPL N Field horsetail Equisetum arvense 5 % MP= 3.0 8.8% NO FAC ' D C 0 V NOTES: Irr ular aha ed lot used due to roximof ravel roadwa . Use an asterisk to ma wetlan in icator plants;plan t speaes iste m e Wetlands Protection t(MGL c. ,s.40);plants in the genus Sphagnum; plants listedas FAC, FACt FACW-,FACW,FACWt or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 0 Number of dominant non-wetland indicator plants: 5 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? Q 11 vegetation alone is presumed adequate o delineate me boundary submit mis romn wan me Request lor Determination or Notice or intent. Section II. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation ❑ Site inundated: no 1. Soil Survey ❑ Depth to free water in observation hole: none Is there a published soil survey for this site? es Q ❑ Depth to soil saturation in observation hole: none to 22 inches title/date: Essex County,MA,Southern Part; May,1984 Water marks: no map number: 11 Drift lines: no soil type mapped: Urban Land,Chatfield-Hollis Rock Outcrop,Maybid ❑ Sediment deposits: no hydric soil inclusions: Freetown, Swansea,Whitman,Scarboro, Ej Drainage patterns in BVW: no Scarboro,Whately Variant,Scitico,Ridgebury Oxidized rhizospheres: none observed Are field observations consistent with soil survey? es Q Remarks: Plot soil characteristics as described for Chatfield. Water-stained leaves: no Recorded data(stream,lake,or tidal gauge;aerial photo;other): no 2. Soil Description Horizon Depth Matrix Color&Texture Mottle Colors Other. A X-8' 10YR�z.........._bam..................................:............................................................... Vegetation and Hydrology Conclusion ...................................... .. . . B 8'-22'+ 10YR M4 fine sandy loam - yes no Number of wetland indicator plants greater than ❑ El or equal to number of non-wetland indicator plants Welland hydrology is present Remarks: Hydric Soil Cdteda met: NONE - hydric soil present ❑ 3. Other: other indicators of hydrology present E Conclusion: Is soil hydric? EJ El Sample location is in a BVW El X❑ page 2-site: Kemwood Park Prot: P-2 Tran aecr: 1 Submit this form with the Request for Determination or Notice of Intent. Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of Massachusetts General Law Chapter 131, Section 40, you are hereby notified of the following. A. The name of the applicant is City of Salem _ B. The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of Salem, MA seeking permission to remove, fill, dredge or alter an Area Subject to Protection Under the Wetlands Protection Act (General Laws Chapter 131, Section 40). C. The address of the lot where the activity is proposed is McCabe Park, 24 Kernwood Street, Salem MA _ D. Copies of the Notice of Intent may be examined at Salem Conservation Commission, One Salem Green, Salem, MA 01970 between the hours of 8:OOAM and 4:OOPM on the following days of the week: Monday through Friday For more information, call (978) 745-9595. Check One: This is the applicant , representative , or other X (specify): City of Salem E. Copies of the Notice of Intent may be obtained from either (check one) the applicant X or the applicant's representative , by calling this telephone number 19781 745-9595 x311 between the hours of 8AM and 4PM on the following days of the week: Monday through Friday F. Information regarding the date, time, and place of the public hearing may be obtained from Salem Conservation Commission by calling this telephone number (978) 745- 9595 between the hours of 8:OOAM and 4:OOPM on the following days of the week: Monday through Friday Check One: This is the applicant , representative , or other X (specify): City of Salem NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Salem Evening News. (name of newspaper) NOTE: Notice of the public hearing, including its date, time, and place, will be posted in the City or Town Hall not less than forty-eight (48) hours in advance. NOTE: You may also contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetland Protection Act. To contact DEP, call: Central Region: 508-792-7650 *Northeast Region: 978-661-7600 Southeast Region: 508-946-2700 Western Region: 413-784-1100 j 28 0018 28 0017 28 0019 SAKHM CITY n}:, NEW ENGLAND POWER CO KERNWOOD COUNTRY CKOR MARI.-NA PROPERTY TAX DEFT 25 RESEARCH AVENUE BOX 106 WESTBOROUGH MA 01581. SALEM MA 01.970 28 0002 RBRNWOOD COUNTRY CLAB BOX 106 SALEM MA 01970 AFFIDAVIT OF SERVICE Under the Massachusetts Wetland Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Lam, McIntire City of Salem, hereby certify under the pains and penalties of perjury that on (N ame of Person Making the Affidavit) I gave notification to abutters in compliance with the second paragraph of Massachusetts (Date) General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994. in Connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Larry McIntire City of Salem with the Salem Conservation (Name of Applicant) Commission on for property located at (Date) McCabe Park, 24 Kemwood Street, Salem, MA (Location of Property) The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. Name Date Professional Land Surveyors&Civil Engineers ES$� SURVEY SERVICE 1958- 1986 OS6bRk..PALJARL " ` 1911 - 1970 BRADFORD&WEED 1885- 1972 sni p ,z_CI d: August 10, 2000 Mr. Donald Girard City of Salem Planning Department 1 Salem Green Salem, MA 01970 Re: F 11918 McCabe Park Kernwood Ave. Salem, MA Dear Mr. Giard: In accordance with your request, Eastern Land Survey Associates is pleased to offer the following proposal for services in connection with the referenced site. The services are propoosed as follows: 1. Research We shall obtain copies of available plans relevant to the site from the Salem City Hall and the Essex County Registry of Deeds. Associate Land Surveyor 3 hrs. @ $75/hr. _ $225.00 2. Wetland Resource Area Delineation We shall delineate the boundaries of Wetland Resource Areas adjacent to the area of disturbance in accordance with the requirements of the Massachusetts DEP and prepare a DEP Field Data Form. Wetland Scientist 6 hrs. @ $115/hr. _ $690.00 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net Ilk Mr. Donald Giard August 10, 2000 Page 2 3. Field Survey We shall perform an on-site existing conditions survey, showing the existing crushed stone driveway, culvert and wetland resource area boundaries: 2 Man Survey Crew 6 hrs. @ $ 95/hr. _ $570.00 Associate Land Surveyor 4 hrs. @ $ 75/hr. _ $300.00 SUBTOTAL $870.00 4. Preparation of Plans and Notice of Intent We shall prepare plans and a Notice of Intent for your use in filing with the Salem Conservation Commission, describing existing --- conditions, proposed embankment stabilization and any other recommended remedial measures. Principal Engineer 8 hrs. @ $115/hr. _ $ 920.00 Associate Engineer 4 hrs. @ $ 75/hr. _ $ 300.00 Draftsman 4 hrs. @ $ 55/hr. _ $ 220.00 SUBTOTAL $1,440.00 5. Meeting Attendance We shall attend one meeting with the Salem Planning Department and up to three meetings with the Salem Conservation Commission. Principal Engineer 6 hrs. @ $115/hr. _ $ 690.00 B��4or� G�god �aQoo� ���ootl�Dono II000 r; Mr. Donald Giard August 10, 2000 Page 3 The herein described services shall be provided for a lump sum fixed fee of $3,915.00. Please note that this proposal is offered exclusive of advertising expense, legal expense or the cost of preparation of abutters lists or abutte r notification. We are prepared to commence services immediately upon your verbal authorization to proceed. It is understood that the data is to be prepared in time for the matter to be heard at the September 15, 2000 meeting of the Salem Conservation Commission. Please do not hestitate to contact the undersigned if there are any questions. Very truly yours, ames H. MacDowe JH IhW ��©d �opoo� Daaoc���Qoao floQo k � .. 03470611 2 hQLALOOL 3L� `�'�If ��j�j'� I� .I �. � Fit � � yry..X . �� y � ry. � 4� � � 4[ l ".���.rR�`r, . . �:;� ;�. �y� ��s �;� � . ;� r ,�� T` � t. `v's'; sar 9 6�� y I�yF " �•� 441 1c�:S 4F- i s a r r __ ----- -�_r=- -_-- LL - . _1�� rIt d s':+ `i Y. +�' ''M +�.. Y _ � �� _ 'T s I ~' Ay^a 6_ i�� }���r.. �r +J��'' „� 4Pg[R 03U47061142 POLARODo sz I :«l ^ w � . .4- ( � « w . - \ _ �w,-_.t_,.,_.,�7_-,�_�- i i i ,. , ,r - .. y r�rFr _ y �. � '� r _.�/p .t� ' i i,� ��AI � •:��- ji:�_ 1 �: e'3 ~�.. ri I _. ._ _ ! II �� ���- � I .0 ,Q o v s ti a SITE PLAN 1 " = 20 ' PLOT PLAN 1 " = 1 00 ' L E G E N D I GUARD SHAcK g 'f F; — 100 — EXISTING CONTOUR / 100.00 EXISTING SPOT GRADE p p D RETAINING WALL K E F1 N 100 PROPOSED CONTOUR 100x0 PROPOSED SPOT GRADE / - - - - - - - - - - - - - ow", 1 c A-9 OF BVW (7YP) ,rUlr' A_I 1 EDGE 6 8 ' O I'OT ' I- / 14 16 \0 \ \ 12 \ 2' Shoulder 1 e e 1 o \ 1 / 2 A.8 q V 162 A�6 0l I �C TING CIWA Y LAIN I IN ' 5 / ExN DR \ ODP A v/ \ STORED FLO YEPR ' 3 ) " CULVERT A,4I I \ t EA T�_BE R '- 0 TE �� j5T V R \ A AR _ cONO• PARKING L07 <AND 10 E No 12 'EX Rc GSL \� - - PROPOSED SILT BIT• 04- V E R sE F� N 1 S \ \ 6 >' N Y BPLE - ' 9.10� O�LAI �o�A \ A o� e / ExjSTIN , -D - o \yl�AR; o 14 10 \ 16 �� GM �., "8 09 \ � IO LieB \ �0. \ PROPO 6 0 WALL 4 PR( POSE 6 `) PPPROHIGH WA MEAN 10 OvePG�/ \\ ca DETAIL 21EDGE OF BVW ( 7YP) �! v E R EROSION C 11�OL SILT FENCE (NTS) GRP O J� \I I I 1 ' 2"AT 8'-D.C.WOODEN POSTS AT 8' . (MAX) B'1 MIRAFI No. 100 SEDIMENT SECTION A-A CONTROL FABRIC I `6 \4 I"=2' DETAIL HAY BALES FLOW DIRECTION I I LIP BERM (NTS) EXISTING GROUND Shoulder Paint Surface with Yellow Reflective 3 To I 3 To I I/4" Per Ft. Slope Paint in a Hatch-- -- Slope Proposed Pattern = Jill II = I I II Crushed Stone Lip Berm _ 12' 1111 = 1111 = I I II — I I UNDISTURBED SUBGRADE The Driveway and Shoulder shall be inspected on a quarterly Existing Pavement basis. Any surface erosion shall be repaired following the inspection. Any resultant sediment in the resource area shall be concurrently relmved GENERAL NOTES 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD SITE NOTES PROPOSED REMEDIATION PLAN SURVEY AND PUBLIC AND PRIVATE PLANS. LOCATED IN 1. ELEVAT70NS REFER TO MEAN SEA LEVEL DATUM 2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND SALEM , MASS. RECORD PLANS AND ARE NOT NECESSARILY INDICA77VE OF 2. SITE IS SHOWN AS PARCEL 18 ON SALEM ASSESSOR'S MAP 28 UNDERGROUND CONDITIONS PREPARED BY 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND J. FEMA FLOOD ZONE A2 IS AT ELEVA77ON 10 AS EVIDENCED EASTERN LAND SURVEY ASSOCIATES, INC. BY FEMA FIRM 250102" 0001B DATED AUGUST 5, 1985 DETERMINING THE LOCATION, SIZE AND ELEVAT70N OF ALL CHRISTOPHER R. MELLO, PLS EXIS77NG UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE N077FIED MIN/N THE " AREA TO BE RESTORED " THE CRUSHED STONE 104 LOWELL ST. PEABODY, MA. 01960 ' ' '`—' IN WRI77NG OF ANY UTILITIES FOUND INTERFERING WITH THE OF M1r�� (978) 531 -8121 PROPOSED CONSTRUC110N AND APPROPRIATE REMEDIAL ACTJON DRIVEWAY AND STONES Over 12 DIAMETER SHALL BE REMOVED ����SN iggs ji, � • AND A SLOPE OF 3 HORIZONTAL TO 1 VERTICAL, OR FLATTER, or, CHRI$TOPHE �� SCALE: AS NOTED SEPT. 15, 2000 ( BEFORE PROCEEDING WITH THE WORK. SHALL BE CONSTRUCTED. THE SLOPE SHALL BE FINISH GRADED IME LO H PREPARED FOR W/TH 4 INCHES OF LOAM AND SEEDED WITH A CONSERVATION "°.91"' 4) THIS PLAN IS BASED ON T74E AND THE RESULTS OF A FIELD SURVEY AS OF THISDEEDS DA TE. MIX. ALL EXCESS Malerlmis - SHALL BE REMOVED FROM THE f `�N;soR�y°� CITY OF SALEM NO CER77FICAT70N IS INTENDED AS TO PROPERTY TITLE SI7E AND DISPOSED OF IN A LAWFUL MANNER. OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED PHOTO REPRODUCTION OF THE ABOVE SEAL IS INDICATIVE OF UNAUTHORIZED REPRODUCTION __.""`'"-`"-` "-"•""` EASEMENTS OF THIS PLAN AND IS TO BE CONSIDERED A 0 10 20 40 60 80 COPYRIGHT INFRINGEMENT AND/OR FRAUD. ENFORCEMENT AUTHORITY SHALL NOT ACCEPT 5) WETLAND RESOURCE AREA BOUNDARY DELINEAT70N BY PHOTO REPRODUCTION FOR ANY PURPOSE. REVISED OCTOBER 6, 2000 F 1 1918 GULF OF MAINE RESEARCH CORP. SALEM, MASS