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64-407 - 12 BROOKS STREET - CONSERVATION COMMISSION �i j'- y4 /a &w K S ree ..�avuriy.7. es• Uf Y OF SALE M. CN�ERVATION COMMISSION April 21, 2009 Michael and Maureen Kapnis 12 Brooks Street Salem, MA 01970 Re: DEP #64-407—Construction of a single family house— 10 Brooks Street, Salem, Massachusetts Dear Michael and Maureen Kapnis: Please be advised that the Order of Conditions for the above referenced project expired on February 9, 2009. If this project is complete, you should submit the required reports and Request a Certificate of Compliance(enclosed forms) from the Salem Conservation Commission. If this project has not been completed, than you must submit the a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to ,the expiration of the order, as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project. Please contact me at (978) 619-5685 if you have any questions. Sincerely, Carey Du Lies. Conservation Agent/Planner Enclosures IliAsmachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . A. General Information Important: Salem When filling From: 1!Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. 0 Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Michael & Maureen Kapnis use the return a.First Name b.Last Name c.Company key. 6 Marion Road A.Mailing Address Salem MA 01970 e.City/town f.State 9.Zip Code 4. PropeMMwner(if different from applicant): a.First Name b.Last Name c.Company I II II II III I I VIII III III II I I 1 d.Mailing Address 2006022100036 Bk;25381 Pg;491 02/21/2006 09;37:00 OTHER Ps 1/13j _.e.City/Town f.state g.Zip Code s. Project Location: 12 Brook Street Salem a.Street Address b.Citytrown - MAP 24 LOT 0191 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 9312 522 c.Book d.Page �. Dates: November 22,2005 February 9, 2006 February 9, 2006 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance s. Final Approved Plans and Other Documents(attach additional plan or document references as needed): 12 Brook Street Site(Michael Kapnis) a.Plan Title ` Hancock Engineering Vaclav V. Talacko _ b.Prepared By c.Signed and Stamped by January 25 2006 1"=20' d.Final Revision Date e.Scale Perimeter Drain Jan 20, 2006 f.Additional Plan or Document Title g.Date wpafoon5.6oc•.m.311/05 Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ILI WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 12 Brook Street #64-407 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: / Book Page In accordance with the Order of Conditions issued on: ok)I 'o(O Date If recorded land, the instrument number identifying this transaction is: , p� Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpefarm&d=- re..giros Pepe 9 of V' Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important Salem When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. 0 Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant move your cursor-do not Michael&Maureen Kapnis use the return a.First Name b.Last Name c.Company key. 6 Marion Road d.Mailing Address Salem MA 01970 e.City/rown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 12 Brook Street Salem a.Street Address b.City/Town MAP 24 LOT 0191 c.Assessors Map/Plat Number d.ParceAot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 9312 522 c.Book d.Page 7. Dates: November 22, 2005 February 9, 2006 February 9, 2006 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): 12 Brook Street Site(Michael Kapnis) a.Plan Title Hancock Engineering Vaclav V. Talacko b.Prepared By c.Signed and Stamped by January 25, 2006 1"=20' d.Final Revision Date e.Scale Perimeter Drain Jan 20, 2006 C Additional Plan or Document Title g.Date wpabrm5.Eoc- rev.3/iMS Pape 1 de Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings f. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. Public Water Supply b. ❑ Land Containing Shellfish c. Prevention of Pollution d. Private Water Supply e. Fisheries f. Protection of Wildlife Habitat g. Groundwater Supply h. Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: a. N the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acts interests, and a final Order of Conditions is issued.A description of the specific information which Is lacking and why it Is necessary Is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. N Buffer Zone Impacts: Shortest distance between limit of project disturbance and 12 feet wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank _ a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies a.square feet b.square c.teat square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged •pafomd.doe• rev.e105 Page 2 of iIslas Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions 1164-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. F! Bordering Land Subject to Flooding a.square feet b.squarefeet c.square feet T-square feet Cubic Feet Flood Storage e.cubic feet E cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.squarefeet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq It within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100.200 ft g.square feet square feet I.square feet It.square feet f. Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.cry nourishmt. d.c y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.dy nourishmt. d.dy nourishmt 15. El Coastal Banks a. linear feet b.linear feat 1s. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal a. Storm Flowage squarefeet b.square teat wpalam5AW- rev.31IN5 Page 3 of ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 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,"MA DEP"] "File Number #64-407 " vryelenn5.dw rev.311g5 Pape 4 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 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. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair unfit all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a text document E »parorm5.doo• m.afros Page 5 d 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control If you need more c. The special conditions relating to municipal ordinance or law are as follows: apace for Pei 9 P Y additional conditions, select box to attach a text document ❑ wpeform&dcc• rev.311/05 Pe9e6 Of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special February 9, 2006 condition pursuant to General Conditions#4, from the date of issuance. t.Date of Issuance Please indicate the number of members who will sign this form: six (6) This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 9th of February 2006 Day Month Year Before me, the undersigned Notary Public, Kevin Cornacchio, Michael Blier, Kevin Carr, personally appeared Keith Glidden, David Pabich, &Joe Furnari proved to me through satisfactory evidence of identification,which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/Town Conservation Commission FRANK TAORMINA a,p Notary Public Commonwealth of Massachusetts cc�/Ll�.tt�� _ My Commission Expires SI ature ofry ublic April 27,2012 //iaHK T/Mr%11N Printed Na a of N tars Public Place notary seal and/or any stamp above �yZ My commi Sion Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date wpalorm5.dw rev.3/1/05 Page 7 019 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions f164-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G,Recording Information is available on the following page. wpa1am5.dw- m.W/W Page 8 ur 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64-407 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ---------------------------------------- ----------------- ---------------------------------------------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 12 Brook Street #64-407 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant xyelorm5.doc• rer.31IM5 Par9cf9 Attachment to Order of Conditions #64407 Page iljof I SALEM CONSERVATION COMMISSION DEP FILE #64-407 12 Brook Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any veinal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. This Order permits the construction of a 26'x 42'(1,092 sq f t)single-family dwelling,associated grading,pervious driveway, perimeter drain,and the planting of twelve(12)alders on 8-foot centers located on the south side of the intermittent stream abutting 15 Wheatland Avenue. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-407,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Order of Conditions #64407 Page 2of I Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. 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. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.2 1 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplain under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans 12 Brook Street Site(Michael Katmis) (Tule) January 25, 2006 (Dated) Vaclav V.Talacko (Signed and Stamped by) City of Salem Conservation Commission (On jde with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Chane with the Commission. The Notice IN Attachment to Order of Conditions # 64-407 Page Jof shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twen 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. 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. 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered I ' Attachment to Order of Conditions# 64-407 Page',44of 1 through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-tern stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 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 river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21 A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(V,/PA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions # 64-407 Page Nof I (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs, including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. 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. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. The applicant shall be responsible for hiring a Licensed Site Professional(LSP)to investigate the material on the southern portion of the property,opposite the intermittent stream abutting 15 Wheatland Avenue,to determine whether the material is potentially contaminated or hazardous. Once the applicant has acquired an LSP,his/her contact information shall be forwarded to the Conservation Commission and all written correspondence from the LSP shall be forwarded to the Commission. 44. No work in the planting area shall commence until the applicant provides written proof from an LSP that the area is safe to disturb. If the LSP determines that this area must be remediated,the applicant shall amend this Order so that the Commission can review the Abatement/Remediation Plan. 45. Jute-mesh landscaping fabric shall be used throughout the planting area to assist in stabilizing the bank. Massachusetts Department of Environmental Protection Provided byDEP''°w' i' � y„x,j Bureau of Resource Protection - Wetlands DEP File Number •, �_ WPA Form 3 - Notice of Intent ,1_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number.� ` ...., . City/Town Important: When filling out A. General Information forms on the computer,use f, Project Location (Note: electronic filers will click on button for GIS locator): only the tab key / to move your A2- L�re66v 6 c5'IZFE-T c5"krix 0['7740 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: d. Latitude e. Longitude d f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: M461ta AhvIyew 141 091s a. irstnNaame /1b.Last Name c.Company Note: 6 /V41 /011/ RP Before d.Mailing Address completing this I of t7d form consult 77 your local �y te.City/Town f. f.State [�/a g.Zip Code Conservation "i7 r-%/1'7. 7W, $1 rtpaAlb- 0-044COS17 • OGam' Commission h. Phone Number i. Fax Number j. Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code In. Phone Number i. Fax Number j. Email address 4. Representative (if any): a. Firm b.Contact Person First Name c.Contact Person Last Name d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 4 L300, n d '* a37-50 za ztcL, so a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid 6. General Project Description: _ n 413aZ - e2zl df V/1241 �Af32t�z! �!/G1L ��7 9 Fl” c�[l �iJNE wpaform3.doc•rev.3/29/05 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEPjr; i f Bureau of Resource Protection - Wetlands " °` Al" DEP File Number4l' r ' WPA Form 3 - Notice of Intent 6` { Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -- City/Town A. General Information (continued) 7. Project Type Checklist: a. Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: --pi sr -5-Z,2- a.County 9312- b. Page Number c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a.XYes b. ❑ No 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a.M Yes - answer 11 below, then skip to Section C. b. No - skip to Section B. If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): 7 a.*VW b. c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d,linear ee wpaform3.doc•rev.3/29/05 Page 2 of 7 Massachusetts Department of Environmental Protection _ b y Provided ssDEP' �, 'r� 3n a. 4 Bureau of Resource Protection Wetlands = ;� ry t =DEP File Number t 1 .", i WPA Form 3 - Notice of Intent " no �y.,Document Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 SPr_tT LE eA City/Town B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Bank 1.linear feet 2.linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page) with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1.Name of waterway(if available) 1. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 2.Total area of Riverfront Area on the site of the proposed project: square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaform3.doc•rev.3/29/05 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DEP: t } Bureau of Resource Protection - Wetlands ' "DEP File Number Gc" f WPA Form 3 - Notice of Intent Document Transaction Number- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SAUM .. City/Town B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1,Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1.square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. ic. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes A No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev.3/29/05 Page 4 of 7 Massachusetts Department of Environmental Protection P ovided by DEF: Bureau of Resource Protection - Wetlands �I.. ;DEP File Number r •. , WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 '�'°`"�-Document Transaction Number-- -- Citylrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: f. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page) with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50%or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining In D. Other Applicable Standards and Requirements the resource Pp G area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes Ig No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife ate- a�l /1f I Route 135, North Drive b.Date of Map r-rrut Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 b. 4 Not applicable—project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ YesNo If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.3/29/05 Page 5 of 7 I Massachusetts Department of Environmental Protection P`led by DEP". �. } Bureau of Resource Protection Wetlands ¢ DEP File Numbers: E! WPA Form 3 - Notice of Intent . : Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Document Transaction Number- -- City/Town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? document transaction a. ❑ Yes kf No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: YJUt J�xrq OK3 f)QS'k-krnq LAT- E. Additional Information Applicants must include the following with this Notice of Intent (NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. a. ❑ Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.3/29/05 Page 6 of 7 Massachusetts Department of Environmental Protection Provided by DEP n Bureau of Resource Protection - Wetlands DEP File Number , ; WPA Form 3 - Notice of Intent fEKA � ,; Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Document Transaction Number:.. .�. City/Town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: -5--71717 /t/Orl� u✓£2 ll, Z�os� 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date , 5. Payor name on check: First Name 6. Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the re uirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail turn re ipt quested) all abutters within 100 feet of the property line of the project Ioc tion. L/ 0 /S Sig to Applicant Date Signature of Property Owner(if different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. Fr DEP Ore copy of the com leted Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetlanci ee Transmitta orm; and a copy of the state fee payment must be sent to the DEP Regional Office (se�1�15Tructions) by certified mail or hand delivery. (E-filers may submit these electronically.) /Wjh]gA?--,5T&F—T- Other: (e06-JDA), "d If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev.3/29/05 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use ( wr4d only the tab lqlract't •�tic 1 5 GAT" key to move a.Wt Na y� �)1J b.Last Name c.Company your cursor- (Q /i O • do not use the d.Mailing Address ��� ©���� return key. S5f /{ / — ICS B a�a— 7`4 -Ao 5-9 f.State g.Zip Code h.Phone Number 2. Property Owner(if different): a. First Name b. Last Name c.Company d.Mailing Address e.City/town f.State g.Zip Code h.Phone Number 3. Project L tion: a.Street Address b.City/Town To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for Instructions before fillip out worksheet. tilling out WPA 9 Form 3(Notice of Intent). Step 1lType of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50.To calculate the city/town share of the fee, divide the total fee in half and add$12.50. W pafonT.Mm•NOI Wegantl Fee Tmnsni9al Form•rev.3/1/05 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee St d I 4t,%ol,00 (` 5Me00 Step 5/Total Project Fee: t 0O Step 6/Fee Payments: 415,001 6U Total Project Fee: a.Total fee from Step 5 State share of filing fee: 4 a37,-T-0 1/2 total fee less$12.50 City/Town share of filling fee: ctoal e r Sy c. 1/2 total fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpaform3.tloo•NOI Weland Fee Twsnd9al Form•rev.3/1/05 Page 2 of 2 1. Notice of Intent File Fees Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Category Activities and Fees Category 1 (Fee for each activity is$110): a.) work on single family lot;addition,pool,etc.; b.) site work without a house; C.) control vegetation; d.) resource improvement; e.) work on septic system separate from house; f.) monitoring well activities minus roadway; g.) new agricultural or aquacultural projects. Category 2(Fee for each activity is$500): a.) construction of single family house; b.) parking lot; C.) beach nourishment; d.) electric generating facility activities; e.) inland limited projecls minus road crossings and agriculture; f.) each crossing for driveway to single family house; g.) each project source(storm drain)discharge; h.) control vegetation in development; i.) water level variations; j.) any other activity not in Category 1,3,4,5,or 6; k.) water supply exploration. Category 3(Fee for each activity is$1,050) a.) site preparation(for development)beyond Notice of Intent scope; b.) each building(for development)including site; C.) road construction not crossing or driveway; d.) hazardous cleanup; e.) water supply development. Category 4(Fee for each activity is$1,450) a.) each crossing for development or commercial road; b.) dam,sluiceway,tidegate(safety)work; C.) landfills operation/closures; d.) sand and gravel operations; e.) railroad line construction; f.) bridge; g.) hazardous waste alterations to resource areas; h.) dredging; i.) package treatment plant and discharge j.) airport tree clearing; k.) oil and/or hazardous material release response actions. Category 5(Fee is$4 per linear foot;total fee not less than$100 or more than$2,000): a.) work on docks,piers,revetments,dikes,etc.(coastal or inland). Category 6(Fee is$2 per linear foot;but not to exceed$200 for activities associated with a single family house of$2,000 for all other activities) a.) boundary delineations for Bordering Vegetated Wetlands. 2.Request for Determination of Applicability a.) Local filing fee only$25.00 PictometryEFS - MA034137NeighOblig99W_031123.psi S, N E Ad i tr s T 444 Snl z"'A YY a l� r' � � • r , n, , 11 l t i g,, �• �4„ X � � ` BROOKS '' �'". ,� f*. =r :. Y }F i -I (c)Copyright 2003,Pictometry International Creation Date:Nov 23,2003 12:22 Modification Date:Dec 12,2003 17:27 Average Scale: 1 inch=54.2 feet Distance between tick marks: 51.80 feet 12519 HANC®CK ASSOCIATES January 26, 2006 Mr. Michael Kapnis 6 Marion Road Salem,MA 01970 RE: 12 Brook Street DEP File#064-0407 Dear Sir; The Salem Conservation conducted a site visit Saturday 20 January 2006, and requested that we prepare the attached grading plan. As we discussed earlier, I had originally proposed to drain the property into the brook. One of the Commission members is quite familiar with a flood mitigation plan for the area, designed and built in the 1970's. That plan isolated flow within the brook from the adjacent neighborhood by means of an elevated berm or levee, and redirected stormwater runoff to the foot of Brook Street, where it is pumped into the brook at a point further downstream. The design of the system described above requires that your property be graded so as to direct flow toward Brook Street. The attached plan is based upon an assumed datum, but the top of the proposed berm is consistent with the observed elevations of concrete wingwalls at Lawrence Street and Jefferson Avenue. The finished elevation of the site should be correlated directly with these structures by field survey prior to construction. An additional consideration is the present state of the bank of the brook opposite the proposed house. At present, an eroded face approximately one to three feet in height extends across your lot. The brook's banks are armored with stone immediately upstream, and are so low immediately downstream that there is no threat of erosion. There are two reasonable options: the first, to propose armoring that section of the bank under your control and the second, to install and plant an artificial bank. Armoring presents a problem in that your property extends only to the water's edge at the left rear lot corner(thus you cannot armor the bank because you do not own it). The latter solution involves placement of a hay bale barrier or other temporary erosion control structure along the water's edge on the far side of the brook and regrading that portion of the existing bank under your control to a more manageable slope, then planting shrubs to stabilize the new bank. DANVERS OFFICE: MARLBOROUGH OFFICE: LAKEVILLE OFFICE: 185 Centre Street,Danvers, MA 01923 28 Lord Road, Suite 280, Marlborough, MA 01752 4 Freetown Street, Lakeville, MA 02347 Phone: (978) 777-3050 Fax: (978( 774-7816 Phone: (508( 460-1111 Fax: (508( 460-1121 Phone: (508( 923-1002 Fax: (5081923-0022 www.hancockassociates.com f{ _ J1 12519 A complicating factor is the presence of building debris in the eroding bank. I recommend that you consult a Licensed Site Professional regarding the possibility that some of the exposed material may be asbestos shingles. I have left a call for one such person, and have not yet received a response. You may wish to seek several bids for the site assessment and report, and I strongly recommend that you direct your chosen contractor to take a look at the house site at the same time. Similar waste may be buried there. I regret that things appear to be moving so slowly. Rest assured that they are moving, and that I believe they are moving toward a satisfactory resolution(if somewhat more complicated than you might wish). Please let me know if you want me to prepare a request for proposals for the remediation work. Respectfully, E,,Ioh4j3K PLS Senior Wetland Sc' mist 12 Brooks Street (Formerly 3 Brooks Street) 1. Michael and Maureen Kapnis bought the land in the December 8, 1987. 2. On December 7, 1989 the Salem Board of Appeal granted a Variance for undersized lot on the locus. Variance recorded at the Essex South at Book 9925, Page 135 3. Application filed with the Salem Conservation Commission for an Order of Conditions on June 29 1990. Hearing was held on July 10, 1990. Hearing was closed on July 26, 1990. 4. Orders of Conditions were voted on by the Salem Conservation Commission on or about August 7. and recorded at the Essex South Registry of Deeds at Book 6232, Page 305 on August 8. 1990. 5. Work required under the Order of Conditions was completed in the fall of 2000. 6. Previous Variance had lapsed. Applicant filed for a new Variance which was granted on June 29 2005 by the Salem Board of Appeal and recorded at the Essex South Registry of Deeds Book 24656 and Page 103. t0 O O� N �� a o_ o N U'j 04 N/F N/F o Manelro Hachey c > 1 c N Assessor's Map 24 Assessor's Map 24 IN Lot 207 Lot 206 FU) MCD 04 0 1 1 I� W as M 50.00' �C/ En O n 93.4 �c � - wdn00 � d9e �nte�'ft@nt Sire 9�94 0� N/t� � LO a a F.G. \ 4 Approxiate m 8.3 Edge B.V.W. rn s6 Cob GRAVEL N/F N/F DRAINS City of Salem Bedard PROPOSED Assessor's Map 24 $ Assessor's Map 24 26 X 42 Lot 192 r DWELLING 9 Lot 171 '7 I g T.O.F.=99.50 C) LOT AREA dam/ 0 a 4500 s.f. f O a.g I F.G. 50.00LS _ v A 9 9 �– — —x — — — — --y97.1 EDGE_ OF PAVEMENT O A NOTE: EXIS71NG CONDITION INFORMATION TAKEN FROM BROOKS STREET PLAN TITLED "PLAN OF LAND, 12 BROOKS STREET, g Assessor's Map 24, Lot 191 SALEM, MA" BY REID LAND SUR�UF ED 10/31/05. Deed Reference: Book 9312, Page 522 a\� Zoning District: R-2 p ypGlA �• `'�,�',, ` See Variance: Book 24656, Page 103 { aA�Axo Lot Coverage: 24X F SHEET JOB NO. ES I% l T OF21 12519 \A Co N a, N �� O \ N '01) LO N/F N/F04 Maneiro Hachey Q g o o N o Assessors Map 24 Assessors Map 24 Lot 207 Lot 206 �. �A * REGRADE HATCHED AREA AND PLANT TWELVE ALDERS. Oh fTc' Ce✓1d•O.AS ,rj N p � l a J 0) M Co 93.4 Edge t W ent d n STAKED HAYBALES 9 nte�Itt � ^ & SILT FENCE Str�� ro STAKED HAYBALES ONLY 0 EDGE OF STREAM 0, rn ul) z Lu ao ¢ _ ¢ x93.0 F.G. Approxiate 00 'ao 8.3 Edge B.V.W. rn p 96 NtIF N/F 0� GRA City of Salem Bedard PROPOSED Assessor's Map 24 Assessor's Map 24 26 X 42 F.G. Lot 192 Lot 171 r DWELLING 97.7 l u o T.O.F.=99.50 z Q l ° LOT AREA o END STAKED HAYBALES Q Q� op a 4500 s.f. f & SILT FENCE Lp� O a O � l C`N, F G F G NOTE. EXISTING COND177ON INFORMATION TAKEN FROM 50.00' l 97.5 PLAN 7I7LED OPLAN OF LAND, 12 BROOKS STREET, _ SALEM, MA" BY REID LAND SURVEYORS DATED 10/31/05. �+ — _ �3 X979 xEDGE OF 1AVL'h1ENT 07t oF1t44,8 BROOKS STREET _ r"t A K Assessors Map 24, Lot 191 34026 g Deed Reference: Book 9312, Page 522 Zoning District: R-2 e. See Variance: Book 24656, Page 103 Lot Coverage: 24Z Zt SHEET JOB NO. 1 of 2 12519 T � oa an 2'-0" a tia Z '6 o � 6" r O p n 2 na � o wilti = o rn O m ✓j��i a DLoI` D O I PC fflt�t r"I P7 ? Z ? y O v v a 4- > 'i a Q 4i ` suJ 0 m DATE: 1/20/06 N) MK;HAEL KAPNLS HAN C .O C K ASSOCIATES LAYOUT. Layout2 v c- 6 MARION ROAD DESIGN: FME o0D SALEM, MA 01970 185 CENTRE STREET DRAWN: FME DANVERS, MA. 01923 v Z VOICE (978) 777-3050 SCALE: 1" = 20' O PATH: v:\Lana Pro' ets R2\12519\a. \ PLOT DATE: Jan 23. 2006 FAX (978) 774-7816 DWG-19519PS.dwg