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64-428 - 31 RAVENNA AVENUE - CONSERVATION COMMISSION I (��-�8 3/ dven4d � �"e"n/e -� ��"-3Yy ��a� 0 CITY OF . SALEM CONSERVATION COMMISSION September 18, 2006 VIA CERTIFIED MAIL Michael and Anne Pelletier 31 Ravenna Avenue Salem, MA 01970 RE: Issuance of Fines for Wetland Violations at 31 Ravenna Avenue, Salem, MA Dear Mr. and Mrs. Pelletier: The Salem Conservation Commission, acting under the jurisdiction of the City of Salem Ordinance Pertaining to General Wetlands, has issued you a fine in the amount of$750. The Ordinance states, "Any person who violates any provisions or any condition of a permit issued pursuant to it shall be punished by a fine of not more than $200 a day. Each day or portion thereof during which a violation continues shall constitute a separate offense". An Enforcement Order was sent on March 20, 2006 stating that vegetation was clear cut within the buffer zone to a Bordering Vegetated Wetland and intermittent stream at 31 Ravenna Avenue. The Enforcement Order stated that you must cease and desist from any activity on your property and required you attend the March 23, 2006 Conservation Commission meeting. The Commission determined during the meeting held on April 13, 2006 that you must file a Notice of Intent (NOD to permit the after-the-fact clearing of vegetation and the other proposed activity at 31 Ravenna Avenue in Salem. A letter sent by the Commission dated April 19, 2006 explained that you had 60 days from the date of the letter to submit the NOI. The letter stated that if you failed to submit an NOI within the allotted timeframe without first notifying the Commission in writing at least 48 hours in advance, demonstrating good cause for inability to submit the application, the Commission will enforce fines of $200 a day until a Notice of Intent is received by the Commission. Because you failed to contact the Commission about the status of the NOI, you began accruing fines on June 19, 2005. The Commission received a NOI application on July 10, 2006, twenty days after the due date. At the time of receiving the NOI the fines totaled $4,400. The Commission agreed to hold the $4,400 in accrued fines for the above referenced property in abeyance until the NOI was reviewed. As you are aware, on Thursday, September 14, 2006, at the regularly scheduled Salem Conservation Commission meeting, the Commission issued an Order of Conditions and voted unanimously, five (5) in favor and none (0) opposed, to reduce the fine from $4,400 to $750. 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM A check in the amount of $750 payable to the City of Salem Conservation Commission must be received no later than November 1, 2006. Sincerely, CaDuqu s Conservation Agent/Planner Cc: Salem Conservation Commission Beth Rennaxd Esq,City Solicitor Department of Environmental Protection,DEP Wedands & '. Land Management, Inc. September 12,2006 Mr. Frank Taormina Salem Conservation Commission 120 Washington Street Salem,MA 01970 RE: Anne Pelletier DEP File 0 064-0428 31 Ravenna Road Salem,MA Dear Mr.Taormina and Conservation Commission Members: On behalf of the applicant, Wetlands&Land Management Inc. is writing this letter in response to the comments included with the issuance of file number by the Department. The Department comments suggested the need to further clarify the status of the small stream at the rear of this site. According to the current regulations 310 CMR 10:58(2)(a)- 10:58(2)(c),a stream is classified as perennial if it is indicated as such on a USGS map. The USGS map for this area indicates Strongwater Brook is located approximately 1,250 feet+/-northerly of the subject property. The small flow path behind the applicant's home is not indicated on the USGS map. The regulations further cite that a stream is perennial if the corresponding watershed is greeter than or equal to one square mile. At this site,using current USGS maps as well as field verification,the watershed for this area is approximately sixteen acres,which is well less then a half square mile. Per 310 CMR 10:58(2xc)(2)a stream not shown on the USGS map or indicated as intermittent can be characterized as perennial if the watershed to the stream is less than one square mile,but more than one half square mile and the flow rate at the 99r/r flow duration is at least 0.01 cis. In this case,because the stream in question is in the North Coastal Watershed,the StreamStat software cannot be applied due to limitations of the program. In those cases where the flow rate cannot be calculated using the Steam Stats software,the evaluator is directed to consider the surficial geology and the surface area percentage of stratified drift within the watershed The surface geology in this area consists of mainly glacial till over shallow bedrock. 100 Conifer Hill Drive,#516, Danvers, Massachusetts 01923 Tel 978-777-0004 •Fax 978-539-0005 Ze 'd 50006£98Z6 1WDW QNWI 9 SQNV-U21M Wd Zb: Z6 900Z-Zt-d3S In summary,the stream on this site is not indicated on the USGS map. The small watershed size contributing to the stream on this site well less than one half square mile. On these criteria,the applicant is afforded a regulatory presumption that the stream in question is intermittent. Lastly,the Department comments indicated the Superseding Order of Conditions for the Furnari site,downstream of the Pelletier property has expired and should not be relied upon. Notwithstanding,the ORRAD determination for the DiBiasi property adjacent/downstream to this property remains in effect. The determination for this stream on the D1Biasi property was intermittent. The regulations and prior determinations indicate the steam should be characterized as intermittent. Sincerely, Wetlands.@.Land Management, Inc. A . IJ�_� UN Joshua A.Johnson Wuillie J.Matuall Environmental Analyst Wetland Scientist CC: DEP Northeast Regional Office £0 'd 50006£98L6 iwow awd-i S SQNU113M Wd £b: ZO 400Z-Zr-d3S Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-428 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. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Anne Pelletier use the return a.First Name b.Last Name c.Company key. 31 Ravenna Road d.Mailing Address e. Salem MA 01970 e.C 1yrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Nanta b.Last Name G Company d.Mailing Address &C Fiown f.State g.Zip Code 5. Project Location: 31 Ravenna Road Salem a.Street Address b.CQyfrown Map 4 Lot 0010 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: N 42-30 W 70-55 electronic filers will click for GIS locator): e.Latitude f.Longitude a. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(d registered land) C.Book id.Page -- 7. Dates: July 10, 2006 September 14, 2006 September 18, 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): Sketch Plan of Prosed Work a.Plan Title Wetlands and land and land Mangement b.Prepared By c.Signed and Stamped by Ju�10,20062006 _ 1"=20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g Date wp&Wrn5.doc•rev.3111M Pepe 1 pr 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-428 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. 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 a ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries r. ® 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 folowing boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the 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. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a. linear reel Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. ❑ Bank _ a. linear feet b.linear feet C.linear feet d.linear feet s. ® Bordering Vegetated Wetland a.squarefeet D.square feet c square feet d.squarefeet s. ❑ Land Under Waterbodies a.squarefeet b.squarereef c.square reef d.squarefeet and Waterways a--cu yd dredged f.cu yd dredged wpafarm5.dw-M.31IM5 Pape 2 erg Massachusetts Department of Environmental Protection Bureau _ of Resource Protection Wetlands DEP File Number. WPA Form 5 — Order of Conditions 64-428 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted 7. Bordering Land Alteration Alteration Replacement Replacement ❑ Subject to Flooding a.squarefeet b.squarefeet c.square feet d.squarefeet Cubic Feet Flood Storage 8. Isolated Land Subject fe e.cubic feet E cubic et g.cubic feet h.cubic feet❑ to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic fest d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront area a.total sq,feet b.total sq,feet Sq ft within 100 ft C.square feet d.square feet e.square feet f.square rest Sq ft between 100-200 It g.square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated PortAreas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feat b.square feet c.cu,yd dredged dcu.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.cly nourishmt d.vy nourishmt. 14. ❑ Coastal Dunes a.square feet b,square feet c.vy nourishmt. d.Or nourishmt 15. ❑ Coastal Banks a.linear feet b.linear feet 1s. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet a square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c. cu yd dredged d.cu.yd dredged 1g. C] Land Containing Shellfish- a.squarefeet b.square feet e.squarefeet d.squarefeet 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 zt. El Land Subject to Coastal Storm Flowage a.squarefeet b.square feet *Pel0rm5.dnc• rw� 3HM5 Pepe 3 of 9 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-426 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 Tiffs 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 64-428 " wpaforff6doL• M.311g5 Page 4 of B Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-428 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 until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls . on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stomtwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a text document wpdarm5.dx• rev.3n/05 page 5 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-428 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 2. The Conservation Commission hereby finds(check one that applies): 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. a. ❑ 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. g� ornmore c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ xyarur S.dw- m.311/05 Pape 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-426 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 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: - /41 This Order must be signed by a majority of the Conservation Commission. 2.Number of s goers b 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 Prot ' n Regional Office, if not fili g electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 14 Of September 2006 Monts Year Before me, the undersigned Notary Public, Kevin Comacchio, Michael Blier, Kevin Carr, personally appeared David Pabich, &dOefvmeR- proved to me through satisfactory evidence of identification, which wastwere 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 amiMon3 E+pYea Signature Notary P a+wa f4 ypfa Carey R Duquesr - __- --- Pnnted Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission E)rres(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on �Iby certified mail, return receipt requested,on Date � 18 IWO Date wPedNTn&d -rev.VIM Pepe 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions 64-428 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. wpaknn5.dw- rev.31IR5 Pape 8 of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions 84-428 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: 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 vgelvm5.d= rev.3nN5 Page 9 cur 9 e" Attachment to Order of Conditions # 64-428 Wi t( Page Iof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-428 31 Ravenna Avenue City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rate 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 venial pools. -his 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 after the fact clearing of vegetation located within the wetlands and buffer zone of boarding vegetated wetlands,described in a Notice of Intent filed in response to an Enforcement Order relating to the clearing of vegetation. This Order permits for the felled vegetation to remain where it is without additional mitigation. During the site visit the Commission observed that the cleaned area has started to regenerate successfully. The Commission determined that additional mitigation,to remove the felled vegetation would disrupt the area and that due to heavy vegetation saplings planted within the project area did not have a good chance for success. Wetlands mitigation was not required (However, applicant is required to submit a fine of $750.00 to the City of Salem Conservation Commission). Additional grading information for the project area shall be submitted to the Commission prior to installing the proposed shed and granite steps. 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,atter 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 an y work commencing,a sign shall be displayed showing DEP File t164-428,and not placed on a living tree. S. No work approved in this Order may commence until the ten(10)day appy 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. Attachment to Order of Conditions # 64428 1j) Page 2of 5 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. 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.21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Sketch Plan of Proposed Work (Title) July 10,2006 (Dated) (Signed and Stamped by) City of Salem Conservation Commission (On.Ne wfth) o Attachment to Order of Conditions#64.428 Page 3of 5 ..o 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 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. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pro-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required EROSION CONTROL 20. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 21. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 22. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. g �7 Attachment to Order of Conditions #64-428 Page 4of 5 25. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 26. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 27. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland renounce areas and 200 feet from river. 30. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 31. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 32. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be faced immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. The applicant-is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21 A,section 16. AFTER CONSTRUCTION 37. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (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: Attachment to Order of Conditions # 64-428 Page 5of 5 (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- "stnrctures"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, 38. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 39. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 40. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 41. Applicant shall provide the Conservation Commission with additional plans showing the grading of the project site prior to installing a shed and/or granite steps. 42. Applicant shall obtain a building permit prior to constructing a shed and/or granite steps. .9 a Notice of Intent Application Wetlands Protection Act and Salem Wetlands By-law Anne Pelletier 31 Ravenna Road Salem, MA 01970 July 2006 Wetlands & Land Management, Inc. 100 Conifer Hill Drive-Suite 516 Danvers, MA 01923 Wetlands & - Land Management, Inc. July 10, 2006 Mr. Frank Taormina Salem Conservation Commission 120 Washington Street, City Hall Salem, MA 01970 RE: After the fact Notice of Intent for 31 Ravenna Road—Anne Pelletier Dear Mr. Taormina and Conservation Commission Members: On behalf of the applicant,Wetlands and Land Management Inc. is submitting this Notice of Intent application(after the fact) for vegetation clearing in wetlands and buffer zone without a permit. This application is in response to an enforcement order issued to the applicant in March 2006. The application also includes some minor additional work including construction of a small shed,walkway/path, and minor vegetation management to preserve the sunlight over the existing pool area at the property. The additional proposed work occurs in the buffer zone to a bordering vegetated wetland. The unpermitted vegetation work probably looked more extensive in the late winter before the growing season,however the area of impact is lush with seasonal herbaceous growth. The cut tree stumps all have numerous stump sprouts, already reaching four to five feet high. The proposed work is limited to construction of a small shed immediately adjacent to the existing pool patio,placement of a couple of granite pieces to form steps and maintenance of a five foot wide path through the thick vegetation in order to access the rear of the property. Please schedule this matter for your earliest meeting as the applicant is eager to put this enforcement issue behind her. Thank you in advance for your consideration. Sincerely, Wetlands &Land Management, Inc. Jo hua A. Johnson William J. Manuell Environmental Analyst Wetland Scientist 100 Conifer Hill Drive, #516, Danvers, Massachusetts 01923 Tel 978-777-0004 • Fax 978-539-0005 Notice of Intent Application Wetlands Protection Act and Salem Wetlands By-law Anne Pelletier 31 Ravenna Road Salem, MA 01970 July 2006 Wetlands & Land Management, Inc. Notice of Intent Application (WPA Form 3) Massachusetts Department of Environmental Protection Provided by DEP Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 = Document Transaction,Number' Salem Wetlands By-law Salem Important: Cityrrown When filling out A. General Information forms on the computer, use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key ) to move your 31 Ravenna road cursor-do not Salem 01970 use the return a.Street Address b.Cityrrown c.Zip Code key. N42-30 W70-55 Latitude and Longitude: d.Latitude e.Longitude 4 10 f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: Anne Pelletier a. First Name b. Last Name c.Company Note: 31 Ravenna Road Before d.Mailing Address completing this Salem form consult Salem 01970 your local e.Cdyrrown f.State Conservation 978-744-6906 g.Zip Code Commission h.Phone Number i. Fax Number I.Email address regarding any muniinance!aw aw 3. Property owner(if different from applicant): ❑ Check if more than one owner SAME a.First Name b.Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number 1.Email address 4. Representative (if any): Wetlands& Land Management, Inc a.Firm William Manuel[ b.Contact Person First Name c.Contact Person Last Name 100 Conifer Hill Drive-#516 d.Mailing Atldress Danvers MA 01923 e.Cityrrown f.State g.Zip Code 978-777-0004 978-539-0005 h. Phone Number i. Fax Number I.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 $67.50+ $25.00 (local fee) a.Total Fee Paid b.State Fee Paid C.City/I own Fee Paid 6. General Project Description: Construction of shed walk and minor vegetation management in buffer Zone to a bordering Vegetated wetlands. wpaform3.doc•rev.3/29/05 Page 1 of 7 Massachusetts Department of Environmental Protection Provided byoEa." Bureau of Resource Protection - Wetlands ` / �DEP File Number WPA Form 3 — Notice of Intent F Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number: Salem Wetlands By-law v Salem Cilylrown 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 1. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: Essex South a.County 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. ❑Yes 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. ❑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): a. ❑ BVW b. ❑ inland bank c. ❑coastal resource area The distance between the closest project disturbance and the associated resource area is: d.linear feet wpaformUoc•rev.3/29/05 Page 2 of 7 Massachusetts Department of Environmental ProtectionPreyoEa Bureau of Resource Protection -Wetlands DEP Fde Number WPA Form 3 — Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D0CpfeMTransaction" Salem Wetlands By-lawSalem Citylrown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Include your Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1.linear feet 2.linear feet number b, ® Bordering Vegetated 0 Square Feet (provided on Wetland No ground disturbance Y square feet your receipt page) with all c. ❑ Land Under supplementary Waterbodies and 1' uare feet 2.square feet information you Waterways submit to the 3.cubic yards dredged Department. d. ❑ Bordering Land Subject to Flooding i.square feet T-square feet 3.cubic feet of flood 4.storage lost 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 storege 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 whin 100 ft. c.Square Feet between lop ft and=ft. 4. Has an altematives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5. 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 PFovidedbyDEP Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent pEP,Fie Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document rrensactwn Numberz Salem Wetlands By-lawSalem cityrrown 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 altemative 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 information you c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes ❑ submit to the below 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 n restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged I. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. EJLand Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ® No If yes, describe which limited project applies to this project: D.Limited Project wpaform3.doc•rev.3/29/05 Page 4 of 7 i Massachusetts Department of Environmental Protection Provrcled b-DEP: ; Bureau of Resource Protection -Wetlands DEP He Number m WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DooumerdTraruachoo Number' Salem Wetlands By-law salem city/Tewn 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 a. ® Hydric soil indicators Resource Areas, please f- ❑ credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining how D. Other A the resource ppI icable Standards and Requirements 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 ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife July 2003 Route 135, North Drive b.Date of Map 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 NO[to: Division of Marine Fisheries-Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. M 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. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.3/29105 Page 5 of 7 I Massachusetts Department of Environmental Protection Provided by DEP: .e u Bureau of Resource Protection -Wetlands oEP Flee Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 °ocrmrent r2nsaction Number,a Salem Wetlands By-law Salem Y City/Tovm D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Oyler under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L.c. 130,§105)? document transaction a. ❑ Yes ® No number (provided on your receipt 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 StonT water Policy? a. ❑ Yes ® No If yes, stornwater 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: Work is associated with a single family home. 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. t. ® 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 [BWA 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. 6. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. wpaform3.dm•rev.3/29/05 Page 6 of 7 Massachusetts Department of Environmental Protection ProvidedbyDER Bureau of Resource Protection -Wetlands , DEP File Number ivi WPA Form 3 - Notice of Intent . Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Wetlands By-law Salem cl,;rrrwn 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 (n addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date 5.Payor name on check First Name 6.Payor name on check Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. Signature of Applicant Date signature of Property Owner �(if different) Date re of Represe hve(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3),including supporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form;and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3),including supporting plans and documents;one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form;and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery.(E-filers may submit these electronically.) Other: If the applicant has checked the"yes"box in any part of Section D, Item 3, above,refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpafonn3.doc•rev.3/29105 Page 7 of 7 Notice of Intent Fee Transmittal Form (WPA Appendix B) 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 only the tab Anne Pelletier key to move a.First Name b.Last Name c.company your cursor- 31 Ravenna Road do not use the d.Mailing Address return key. Salem e.City/Town MA 01970 m 978-744-6906 f.State g.Zip Code h.Phone Number 2. Property Owner(if different): Same a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code h.Phone Number 3. Project Location: 31 Ravenna Road Salem a.Street Address b.Cdy/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 s the The fee should be calculated using the following six-step instructions for g g p process and worksheet. Please see filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step 1/Type 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 3llndividual 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 5/7rotal 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. Wpafom3.dm•Sfomm wr Management Form•rev.afim Wage 1 of 5 ElMassachusetts 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 Single Family(Category One) One $110.00 $110.00 Step S/Total Project Fee: $110.00 Step 6/Fee Payments: Total Project Fee: $110.00 a.Total fee from step 5 State share of filing fee: $42.50 b. 112 total fee less$12.50 CitylTown share of filling fee: $67.50+$25.00 (local fee) 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.) WPafMM3.doo•Stomm ater Management Form•rev.3/1/05 Page 2 of 5 - XLPLANATION AMOUM �" � � WETLANDS &LAND MANAGEMENT, INC. 53-7116/2113 - -.500 MAPLE STREET - - --DANVERS,MA01923 - - (978)777-0004 - 2416 PAY wa F 1 vv DATE DOLLARS TOTHE ORDER OF GROSS. HECKAMOUNT z ! S« ... .. RLC.A. FED Danvers Savings Bank ONE CONANT ST DANVERS MA 01923 II. 35 60619..1Ob 24 16 ( 1i• . 2 1 i 3 7 i 16 2r, II• . . .... . BE MRI YFEATURES MICRO FC, BORDERS-CCLOREDRRICKPATTERN- WATERINgRK E CARBON STRIP ON REVERSE SIDE IaII551NG FEATURE INDICATES A COPY a.� EXPNATION AMO LA _UNI 53-71.16/2113 WETLANDS'& LAND MANAGEMENT, INC. 500 MAPLE STREET': - - - - } DANVERS,MA 01923 - - - A_1 �. - ... -(978)777-0004 - 24 1 PAY SO n l a d g . , � '. DOLLARS DATE THEORDER OGROSS - DESCRIPTON, - CHECK AMOUNT Danvers Savings Bank /^f ONE CONANT ST.,DANVERS,MA 01923 II•DOAiIii' (: 2il37i16Z1: 35 606i9111' �•---' --.. _",,.. ""'O" - "'«•'- _.«.,.SECURITY FEANRES:MICRO PRIP IT BORDERS-COLORED BRICK PATTERN-WATERMARK&CARBON STRIP Cltl REVERSE EIDE-MISSING FEATURE INDICATES q COPY ..+....... ,..,, �. i Abutter Information Patriot Properties Salem 07,06,2006 Abutters List 11:21:31AM s Filter Used: DataProperty.ParceIID='04-0009-0' OR DataPropert' .ParceIIO='04-0008-0'OR DataProperty.ParceIID='04-0007-0'OR DataProperty.ParceIID= '04-0011-0'OR DataProperty.ParceIID=-04-0012-0.. e i3 l7Q _ Mh io ParcellD Location Owner Co-Owner Mailinq Address Citv State Zip 04-0007-0 APPLEBY ROAD YAROSH GERALD SHIRLEY C 8 SOPHIA ROAD SALEM MA 01970 04-0008-0 27 RAVENNAAVENUE LEBLANC OMER J LOUISE M 27 RAVENNA AVENUE SALEM MA 01970 04-0009-0 29 RAVENNAAVENUE VITO VIRGINIA 29 RAVENNA AVE SALEM MA 01970 04-0011-0 33 RAVENNAAVENUE WEBER PAUL WEBERAMYM 33 RAVENNA AVENUE SALEM MA 01970 04-0012-0 35 RAVENNAAVENUE CRONIN DENNIS F CAROL J 35 RAVENNA AVE SALEM MA 01970 04-0013-0 39 RAVENNAAVENUE HULSE STEVEN HULSE THERESA M 39 REVENNA AVE SALEM MA 01970 04-0018-0 40 RAVENNAAVENUE DIMAURO MICHAEL 40 RAVENNA AVENUE SALEM MA 01970 04-0019-0 28 RAVENNAAVENUE SALEM CITY OF 04-0021-0 30 RAVENNAAVENUE NOBLE JAMES A BARBARA 1 SAVONA RD SALEM MA 01970 End of Report Attachment A — Project Description r' s Rel cg AM SWISS NO y11 a v,` u� PG X : l' :moi 1f �•f uf;Spv,. �.• � ,• 17 '. \ s5 f'c'��✓7S(//�,I x ,1 �iaA ,l!` � p�y � N V, l- G'�It� ' `� 1:L� U '�� r \ T v�_�^r['•lv'�f1El�LJti(Irr,.ca�lY"►�V'„�'`��7© - LOW 7 1 !10710201' , d � ,3,nr 5-9 o'91)..�Ja 'f►`�a��i�_..v� ��-.� as�� +�+.a �, �rAPIR ' N lit WON • �.'' Zvi C� . Mr.,om r R i00 Land Management, 00 COnifer • 'Danvers, . • 000 Project Description Discussion of Proposed Conditions and Wetland Resource Areas Introduction/Site Description This Notice of Intent is in response to a violation notice issues to the applicant on March 20, 2006. This violation notice stated that there has been clear cutting in buffer zone to a bordering vegetated wetland and intermittent stream. This activity has been conducted without a valid Order of Conditions. All activities have ceased in accordance with the violation notice until proper Order of Conditions has been issued. The Salem Conservation Commission, on April 19, 2006 issued a letter to the applicant directing the applicant to file a Notice of Intent application to address the after the fact clearing as well as any proposed work. This site is located at 31 Ravenna Road. The site is developed with a single family home, driveway, in ground pool and limited landscaping confined to the front half or easterly half of the property. The remaining property is wooded and encumbered by vegetated wetlands. The violation activities were conducted in the northwest/rear of the lot just outside of the chain link fence that encloses the in-ground pool and patio area immediately to the rear of the house. The ground slopes from the high point at Ravena Avenue, towards the pool and the rear of the house. Beyond the pool patio,the topography slopes steeply down to the wetland resource area. Resource Areas The limits of the wetlands were delineated by Wetlands and Land Management Inc. in July 2006. The wetlands affecting this parcel are identified in the field by consecutively numbered blue surveyors flagging labeled Al-A6. Wetlands were delineated in accordance with local, Federal and State criteria for delineating jurisdictional wetlands using methodology established in the 1987 Army Corps of Engineers Wetland Delineation Manual, and methodology outlined in the Mass. DEP manual "Delineating Bordering Vegetated Wetlands" (1995). These methods 2 incorporate the evaluation of hydric soils,predominance of wetland vegetation and evidence of wetland hydrology. . The bordering vegetated wetland on this site is a thickly vegetated shrub swamp. Dominant plant species include skunk cabbage and cinnamon fern in the herbaceous layer, pepperbush, arrowwood and red maple in the shrub layer and red maple trees in the overstory strata. The limit of wetland is strongly controlled by topography and all of the flags were located at the bottom of a well-defined slope. No Riverfront Area Strongwater Brook has already been evaluated to ascertain the presence of riverfront area. A property downstream of this site has been previously evaluated by others for riverfront area for a previous filling. The Department of Environmental Protection issued a Superseding Order of Conditions determination finding that the brook is perennial beginning at a point downstream of what is now or formerly the Funari property. Additionally, Wetlands& Land Management, Inc has performed a wetland resource area review on the Dibiasi property at the end of Barcelona Avenue where Strongwater Brook also passes, downstream of this site. The Commission determined that the brook was intermittent on that site as well. Based on this past determination, I concluded that the section of Strongwater Brook on the subject property which is up gradient from the Funari and Dibiasi properties is intermittent and would not have riverfront area. Resource Area Impacts Wetlands and land Management Inc. conducted an evaluation of the impact to the buffer zone and wetland resource areas on the site. We noted six stumps, which appeared to be recently cut. The logs and tops from the felled trees remain in the resource area. The stumps have not been removed and we did not observe any significant ground disturbance. The applicant reports all of the work was completed using a chain saw and physical labor. In addition to the felled trees, we also observed two pile of brush, one of which in the resource area,the other just outside the wetlands. The applicant reports that she had the trees cut to restore the sunny conditions around her pool area. Other than the actual cutting of the trees,there was no filling or grading or other impact to the resource areas. 3 Mitigation and Proposed Work All of the cut stumps are exhibiting vigorous re-growth of stump sprouts, most of which are taller than four feet for the initial first half of the growing season. This type of growth response is typical. The cut area spans roughly between flag Al &A5, approximately 1200+/- square feet of wetlands however the entire area now is densely covered with stump sprouts, indigenous shrubs and seasonal growth of herbaceous plants. The growth was so thick and vigorous that it was difficult to traverse the terrain. The adjacent buffer zone was even more thickly vegetated with opportunistic shrubs and vines including staghorn sumac and bittersweet vine. The ground was entirely stabilized with existing vegetation and we did not observe any erosion or potential for erosion into the adjacent wetlands. Upon review of the impacted area, Wetlands&land Management, Inc. would suggest that the area remain as is without any additional mitigation. Possible mitigation may be to install nursery stock plants in this area, however, even the largest plant specimens would only be six to eight feet tall and would probably consist of a nursery cultivars instead of an indigenous strain of tree. The response to the cutting and canopy release has been immediate and vigorous over the entire cutting area of the indigenous plant growth. In fact, the area is too densely vegetated with indigenous plants to warrant any additional plant stock. The brush piles should remain in place, as they are not overly large and removing them at this time of year would result in trampling the native vegetation. We suggest that they be left in place to decompose naturally. If the Commission desires the removal of the piles, they should stipulate that the piles be removed after the growing season. Other Proposed Work The goal of the tree cutting was to restore the sunlight to the pool area. One of the proposed activities is to cut a three-leader 8"maple tree. (A fourth leader on this maple has fallen naturally, and the last three are leaning). The applicant would propose a vegetation management plan where a tree or shrub in the buffer zone would be allowed to grow until it reached four inches in diameter or twenty feet in height. This type of management will preserve vigorous growth and retain the open sunlight feature to the pool,but would provide vigorous young growth in the wetlands and buffer zone, thereby preserving the canopy structure and habitat value. Considering the rate of regeneration, cutting these maples may result in a denser canopy, as well as additional ground cover. The remaining proposed work will include construction of a twelve feet deep by sixteen foot wide shed, as well as installing several pieces of granite to create stairs, leading to a maintained five-foot wide pathway to provide access the rear of the shed and the rear of the property. The location of the walkway and the shed will be in the northwest/rear of the property adjacent to the chain link fence surrounding the pool area(as indicated on the attached plan). 4 The walkway will be constructed using manual labor and hand tools. The shed will be supported by sono tubes which will be hand dug to further reduce the chance of sedimentation into the resource area. No alteration of wetlands is anticipated because of this proposed work. ,�/ ICCbtn•7ti '"�/t/`. sox E AS R {� .0 r. o t II ^^ x ' y S. , my . t n •� .. ' �-;`M `,. � .,�,;4w. f I I (c)Copyright 2003,Pictometry Intemational I I I Average Scale: 1 inch=47.7 feet Distance between tick marks:45.08 feet COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEYRECEIVED �I��® STEPHEN R.PRITCHARD Governor ��'a Secretary KERRY HEALEYAUG 2 ROBERT W. GOLLEDGE,Jr. Lieutenant Governor 8 2000 Commissioner DEPT.OF PLANNING& COMMUNITY DEVELOPMENT DEP File# 064-0428 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 8/23/2006 4:09 PM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: Anne Pelletier Owner: Address: 31 Ravenna Road Address: Salem,MA 01970 LOCUS: 31 Ravenna Road IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: A.-(X)-This project has been assigned the following file# : 064-0428 Although a file#is being issued,please note the following: Any detemrination as to the perennial or intermittent nature of Strongwater Brook should be based upon the current regulations,which presume that streams shown as perennial on the most recent USGS map are perennial(unless there are 4 dry observations of the stream). The SOC which is cited in this NOI was issued in'99, and has expired(and was also written prior to the regulatory revision regarding perennial vs. intemittent streams). C.()Other Regulatory Jurisdiction 1. O Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2. () Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review(call 1-800-362-4367 for information). D. O 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details: 1. O Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards,provided that: This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD service-1-800-298-2207. DEP on the Wodd Wide Web: htlp://w .mass.gov/dep Pdnted on Recycled Paper a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department; b) The Order of Conditions does not cause the loss of more than'5,000sq.ft. of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is not part of a subdivision; does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore,provided that the above conditions are satisfied, the Final Order of Conditions will serve as the Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with any other statutes or regulations. 2. Q Before the activity described in the Notice of Intent can commence,you must obtain a Water Quality Certification form from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3. () Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work in"waters of the Commonwealth." Therefore, your proposed project is subject to 314 CMR 9.00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection,Waterways Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Ms. HEIDI DAVIS at 978 694-2224. Cc: Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green Representative: WPI, Inc, 100 Conifer Hill Drive,#516 Xu CITY OF SALEM ' CONSERVATION COMMISSION April 19, 2006 Michael &Anne Pelletier 31 Ravenna Avenue Salem, Massachusetts 01970 RE: FOLLOW UP TO ENFORCEMENT ORDER-31 RAVENNA AVENUE,SALEM,MASS Dear Mr. & Mrs. Pelletier: Following the April 13, 2006 Salem Conservation Commission Meeting, the Commission determined that you must file a Notice of Intent (NOI) to permit the after-the-fact clearing of Buffer Zone and/or Riverfront Area, and the other proposed activity at the above referenced property. The Commission also agreed that you have 60-days from the date of this letter Qune 19, 2006) to submit a NOI application to the Commission. Please be advised, that if you fail to submit an NOI application within the allotted timeframe without first notifying the Commission in writing at least 48 hours in advance, demonstrating good cause for inability to submit the application, the Commission will enforce fines of$200 a day until a Notice of Intent is received by the Commission. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerely, F ank Taora Planner/Har or Coordinator Cc: Salem Conservation Commission Mass DEP, Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Co CITY OF SALEM M.M. CONSERVATION COMMISSION March 20 2006 Via: Certified Mail#7005 1820 0000 8795 1407 Michael&Anne Pelletier 31 Ravenna Avenue Salem, Ma 01970 RE: ENFORCEMENT ORDER—31 RAVENNA AVENUE, SALEM, MASSACHUSETTS Dear Mr. & Mrs. Pelletier: Enclosed you will find an Enforcement Order for the above referenced property. As the Order states, you must cease and desist the present activity on your property and attend the March 23, 2006 public hearing of the Salem Conservation Commission to discuss the matter in further detail. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerely, ran Tao min Planner/ arbor Coordinator enclosures Cc: Salem Conservation Commission Massachusetts Department of Environmental Protection,Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: fors on the Salem March 20, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Michael&Anne Pelletier return key. Name of Violator yf 31 Ravenna Avenue Y� Address 1. Location of Violation: Michael E. Pelletier Property Owner(if different) 31 Ravenna Avenue Street Address Salem 01970 City/Town Zip Code Map 4 Lot 0010 Assessors Map/Plat Number Paroel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Clear cutting buffer zone to a Bordering Vegetated Wetland and Intermittent Stream B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because: N the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wparamaa.dw•rev.7114104 Pape 1 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following(check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. 0 The property owner shall take the following action to prevent further violations of the Act: Property owner shall be present at the March 23, 2006 Salem Conservation Commission Meeting to discuss the wetland violations on this property in greater detail. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or troth, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaF=n9e.d= rev.7114/69 - Page 2 of 3 / Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Frank Taormina Name 978-745-9595 ext 311. Phone Number 8am-4pm Monday thru Wednesday, 8am-7pm on Thursdays, 8am- 12 (noon)on Fridays. Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: 7 7 /6.2a 0000 8;95 /y0,z Signature of delivery person or certified mail number wpwbnr a.doc•rev.7114104 Page 3 0 3 MA DEP Page 1 of 2 Public Access to Wetland Notices of Intent Search Criteria: Instructions Region: *g eDEP;- File Notices and Find Your Region Orders Online City/Town: SALEM Start Date: .6/12/2006 End Date: 9/12/2006 O Results per page. loogel Search CIeaN The search returned 9 result(s). Displaying 100 records per page. NOI,,_File# Filing Applicant's Applicant's Location Company Region Town Comments Date First Name Last Name 064-0430 8/26/2006 . Bruce Thibodeau Brooks St. City of Salem NE SALEM Under Review DPS 064-0429 8/4/2006 Richard& Bresnahan 60 Bay View NE SALEM Project cannot be approved as Susan Avenue proposed.Cross sections of work need to be provided to the Commission.Wall can be rebuilt within original footprint but height of wall cannot be approved. Raising the height will add more weight to the structure and cause waves to add more pressure to the wall and increase erosion at the base.Erosion behind the wall should be addressed with planting. Please contact Coastal Zone Management for guidance. 064-0427 7/24/2006 Doug Jones Gas Neptune NE SALEM Transmission LNG LLC NO Comments Line 064-0428 7/18/2006 Anne Pelletier 31 Ravenna NE SALEMi-Any determination as to the perennial-or- Road f- intermittent-nature of Strongwater Bro k 1 should be based upon the current i t .regulations,which presume that r http://edep.dep.mass.gov/wetland/wetland.aspx 9/12/2006 MA DEP Page 2 of 2 streams shown as perennial on the-7 most recent USGS map are perennial (unless there are 4 dry observations of the stream).The SOC which is cited in `this NOI was issued in'99,and has expired(and was also written prior to the regulatory revision regarding perennial vs.intemittent streams). 064-0426 7/16/2006 Mike Ferns 15 Robinson A&H Auto NE SALEM MassDEP is concerned about using Road Exchange, infiltration as a BMP on the site-see Inc. Standard u5 of the Stormwater Policy. In discussions with the engineer Bruce Poole,it was agreed that quarterly sampling of the oil/water separator discharge for petroleum hydrocarbons from the monitoring well would take place followed by yearly sampling to check on the effectiveness of the separator. If problems were found,then corrective actions would be taken.The plans entitled Transects for NOI dated 7/06 show a perforated pipe instead of a solid pipe from the liner containment area to the oil/water separator.The reasons for culverting the intermittent stream appear to be valid.If possible, Increasing the stream replication area is recommended.Detail of stream restoration area required with cross sections. 064-0425 7/10/2006 F.Paul Richards 25 Peabody Mass Electric NE SALEM NO Comments Street Co 064-0424 7/6/2006 David Jalbert 75 North Creations NE SALEM Addition proposed in Flood Zone A must Street Woodworking be constructed in accordance with FEMA construction guidance manual. Applicant should allow for a flow thru foundation. 064-0423 6/30/2006 George McLachlan Atlatic Ocean Algonquin NE SALEM off Salem Gas NO Comments Transmission LLC 064-0422 6/15/2006 Richard Bresnahan 60 Bay View NE SALEM NO Comments Avenue 1 MassDEP Home ❑ Contact: Your Regional Office ❑ Privacy Policy http://edep.dep.mass.gov/wetiand/wetiand.aspx 9/12/2006 , � $ a � JI F '�y� ' `�;� HT1 �5n � 4„9 � r ,t� H�r�- ' >•i �� ,�':� � v""h'nC "„�`+ �d..5✓ � �� '— a {� f 1` l: >, x "S"�'a`•.�,i-�-�.�a��'s�'��d`v�'�v'j�•a �'f' '��,i�%� "�� *+q""'��yF'��f,�>F�'� � zi 99. �L b �� 31 Ravenna 'r5 Pond DEP X164-428 r USGS Topographic Maps Fvj USGS Ponds 100k f yy ti J t t USGS Ponds 1000. O _ �USGS Water Bodies 25k Ci j e USGS Water Bodies 25k !'� _ ,..N ✓i `�t� ❑ !0.%E.PO,y9.00£hY C3 aEsetvow �Q 9•..M + ) t• \. 'Yry,I�f� il Sn.T WETlMYG � -�,. .a t ` r u r r•��"�..P �' ] 7 r 1 `lf p, r :. LvuNon�nas a 490 m (1:16967) r USGS Rivers and Streams 25k Contents ofhNs map are Capyri&2005 6W1RAUNG:TMs map does not meet rnidbnsl USGS Rivers and Streams Aloe SWS,and may not be mpnoduned mthout map accnrac y standard's,and cannot 0e used prnor w,atMa permission. foreryrneeft pwiowmu.Man consat coredtuns of use at �✓ sraEa+l httpY/www.state.nn.ur/regiar r! WTtlLNRTSVT STREAdI SNOAEUVE LVTHIAIITT6VT91OA�V£ A1MlMADESN�iBLYE r.' FNiCN1ChVh+ AOLE4LCT 9N1 r• r CNMYN£.LV WAT 50 USGS Streams 100k �f USGS Streams 100k Massachusetts Towns MA Tone Boundaries..OutEnes To: Salem Conservation Commission From: Anne Pelletier Re: 31 Ravenna Ave 1. My immediate plan is to finish cutting the remaining trees, which I think are Norway Maples and extremely invasive. 2. Then I would like to pull up the vines which grow on the hill. Many have blue thorns and some are poison oak. 3. Next I would like to chip the brush and spread it just behind my fence to try to grade the slope a little bit. 4. Someday, I would like to move the shed over next to the Vito's shed,with a set of stone steps to the stream next to my property line on that side. I would like to build a retaining wall at the same distance from the stream as their retaining wall. 5. After I graded that area, I would plant some low maintenance perennials that would not grow tall and shade the pool the way the trees did. j o K S CITY OF SALEM CONSERVATION COMMISSION %TTF VTSTT FORM PROJECT LOCATION: c5l EdNUV L� ' °` DATE OF SITE VISIT PROJECT PROPONENT: hJ441e� DEP FILE NNUUMMBER: /N— Lu PROPOSED WORK: OAU -� -4a C i v a V2Qe 1 t�11� t�JV um\k�-- 4 Aw .. IN ATTEND NCEi; . 7�,'Jc �CissionMe bersgent Applicant/Property Owner/Representative: V V U1 I rT- fir..• v,. ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal AREAS OF INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean e Storm Flowag ordering Vegetated Wetland k l ❑ Designated Port Area ElCoastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑ Barrier Beach ElLand Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ElBordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM h w BLUFFER.ZONE(wrthin_100-feet)�.'�L�`.�' ' ' I ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune INTERESTS PROT.ECT.ED's. " "' �+ 'I ❑Protection of Water Supply ❑ Protection of Groundwater Supply ❑Flood Control ❑Storm Damage Prevention ❑Prevention of Pollution ❑Protection of Fisheries ❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE-YISIT•DOCUMENTATION �° '�� ' ❑Photos ❑ Site Map ❑ Other: �RRkRi IR#ItltMth.�R4�4I OBSERVATIONS: �" Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. RECOMMENDATIONS: �- , "_j I / as •T'f1fgM11TtN , 'lC � ' T`. � 5 ��6-x - r „ {{ 0 S, • .0 � � - -. - - � s xi ' s"�—'�� r.�x �l 4 - - IJ: � �k �- cr_e _- •. �.� 1 A0 1 k I i 40. +... im _ PlLE_c - NOTES THE PURPOSE OF THIS PLAN IS TO PROVIDE INFORMATION REQUIRED FOR APPLICATION TO THE CONSERVATION F Sketch Plan Of P1OpOSeC� WorkS1 COMMISSION. PROPERTY LINES AND TOPOGRAPHIC INFORMATION Ravenna AV@IIUE TAKEN FROM PLANS PERFORMED BY OTHERS. SALEM, MA PROPERTY LINES AND TOPOGRAPHIC INFORMATION TAKEN FROM i. AMENDED DEFINITIVE SUBDIVISION PLAN OF HERD'SHILL IN WETLANDS & LAND MANAGEMENT, INC. GLOUCESTER, MA'BYAPPLEASSOCIA'TES, INC. DATED 9-29-00 100 CONIFER HILL DRIVE #516- DANVERS$ MA WETLAND RESOURCE AREAS WERE DELINEATED BY WETLANDS & SCALE: 1 INCH = 20 FEEI` LAND MANAGEMENT, INC. IN JULY 2006 AND FIELD LOCATED BYJuly 10, 2006 1 INCH =20FEET __. MEASUREMENT TO EXISTING FEATURES. 20 0 20 40 BASE PLAN INFORMATION FROM"PLAN OF : � s a �nn�® LAND"BY NORTH SHORE SURVEY CORP DATED 5.6-91. - - , Ioo \ I� L TO QF RPLAGC-O - t RMI?TENT TNTf 1 � L3RooK JI sH �s �� W l 4cN�+ilCia7--i e u f r. p - (-� J .411 t t• F 'S }5 � �0. Y � � ➢ � y (� ID O 331- t 3 z S A � I < II W 7'. cs _ t PROPOSED. • cs�-d : P G� NOTES -Vres/� THE PURPOSE OF THIS PLAN IS TO PROVIDE INFORMATION Sketch Plan Of Proposed Work REQUIRED FOR APPLICATION TO THE CONSERVATION COMMISSION. PROPERTY LINES AND TOPOGRAPHIC INFORMATION 3� Ravenna Avenue FROM PLANS PERFORMED BY OTHERS. SALEM, MA PROPERTY LINES AND TOPOGRAPHIC INFORMATION TAKEN FROM AMENDED DEFINITIVE SUBDIVISION PLAN OF HERD'S HILL IN WETLANDS & LAND MANAGEMENT, INC. GLOUCESTER,'MA"BYAPPLEASSOCIATES, INC. DATED 9-29-00 100 CONIFER HILL DRIVE #516 — DANVEINCRS, MA WETLAND RESOURCE AREAS WERE DELINEATED BY WETLANDS & . SCALE: 1 INCH = 20 FEET LAND MANAGEMENT, INC. IN JULY 2006 AND FIELD LOCATED BY 1 INCH =20FEET July 10, 2006 MEASUREMENT TO EXISTING FEATURES 20 D 20 40 BASE PUN INFORMATION FROM"PUN OF j LAND"BY NORTH SHORE SURVEY CORP DATED