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64-563 - 27 PIERCE ROAD - CONSERVATION COMMISSION (002) PA y, i y�`�OMDIT CITY OF SALEM > CONSERVATION COMMISSION November 20,2017 Charles Smith 27 Pierce Road Salem, MA 01970 Re: Certificate of Compliance—DEP#64-563-27 Pierce Road Dear Mr. Smith: Enclosed, please find the Certificate of Compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the Certificate of Compliance,which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sin rely, shley Green Conservation Agent Enclosures CC: DEP Northeast Regional Office Bill Manuel 0� @OPY Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-563 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: fortes on the computer,use Charles Smith only the tab key Name to move your 27 Pierce Road cursor-do not use the return Mailing Address key. Salem MA 01970 Cityrrown State Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Charles Smith 4°r0 Name April 1, 2014 64-598 Dated DEP File Number 3. The project site is located at: 27 Pierce Road Salem Street Address Cityrrown 31 319 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Charles Smith Property Owner(if different) South Essex 33221 167 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: MMM ryt� 11/15/2017 wp3trm8b.doc•rev.5/29/14 WPA Form 813.Certificate of Compliance•Page 7 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of ComplianceUA-- - I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: ❑ Order of Resource Area Delineation: It is hereby certified that the wetland resource area delineation for the above-referenced Order of Conditions has been satisfactorily completed C. Authorization Issued by: �Sa 1A, Za I�- Conservation Commission Da of I uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/eea/aaencies/massdep/abouVcontacts/). Signatures: 0 2 wpafrm8b.dm•rev.8117117 WPA Form aa,CerHeate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. T4:---------------------------------------------------------------------------------------------------- Conservaition Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant Wpafrm8b.doc•rev.8117117 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Wetlands & Land Management, Inc. 100 Conifer Hill Drive 4516 Danvers, MA 01923 978-777-0004 Telephone October 31, 2017 Ashley Green Conservation Agent Department of Planning and Community Development 120 Washington Street Salem, MA 01970 RE: Monitoring report for the restoration area at 27 Pierce Road in Salem And Request for Certificate of Compliance DEP 64-563 Dear Ms. Green and Conservation Commission Members: This report is the second and final monitoring report after the completion of the restoration area work at 27 Pierce Road. I walked the entire corrective work area on September 14, 2017. I have no deficiencies to report. The restoration area work was installed in summer 2015. There was a mix of upland shrubs installed and the area was also seeded with a conservation mix to effect ground stabilization. As of my September 14, 2017 site visit, the restoration area is 100% vegetated with the nursery stock plants or seed mix and the herbaceous growth was three to four feet high. The height of the herbaceous growth is obscuring many of the shrub specimens. I didn't want to trample all of the herbaceous growth looking for the shrub specimens. In any case, the restoration area is well vegetated. I noted that the previously mowed salt marsh area is now not being mowed and has restored to a more naturalized condition. The restoration area has now been in place for two growing seasons and the area has 100% vegetation coverage. The restoration effort has been successful. All other areas on the site are stabilized by grass or landscaping. On behalf of the applicant, we are requesting a certificate of compliance for the entire project. The order of conditions required an as-built plan however, recall that we returned to the Commission in 2015 for a request to amend the order of conditions. The site conditions at that time were surveyed to document the as-built configuration of the driveway. This configuration has not changed. At that point, the only major item left was the installation of the buffer zone restoration, which is now completed. Accordingly, the Commission essentially has an as-built plan. On behalf of the applicant, �x we are requesting for the Commission to waive a second as-built plan requirement as the \\\ conditions we see today have already been surveyed. APPROVED I I will communicate with you if our attendance at a meeting is necessary to discuss this request for certificate of compliance. Thank you in advance. Sincerely, Wetlands & Land Management, Inc. William Manuell Wetland Scientist r Picture 1: View of the buffer zone restoration area—September 2017. { s i I Picture 2: View of the restoration area looking southerly— September 2017. O Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This request is being made by: forms on the Wetlands and Land Management Inc. computer, use Name only the tab key to move 100 Conifer Hill Drive Suite#516 your Cursor- Mailing Address do not use the Danvers MA 01923 return key. City/rown State Zip Code 7-0004 "iVQ 976-77Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Charles Smith Applicant 4-1-14 and extended on 2-23-17 64-563 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 27 Pierce Road Salem an Order of Street Address Cityrrown Conditions, the 31 319 property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance g ry from the issuing SAME authority stating Property Owner(if ddferent) that the work or portion of the Essex South 33221 167 work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. WPA Forth aA Page 1 of 2 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements , Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an DOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). WPA Form eA Pape 2 0 2 Rev.02100 �� Il II IIIIIIIIIIiIIIIlllllllllllllllilllll 2014041600197 Bk: RN Pg:167 04/16/2014 11;03 CONON Pe 1116 0-0 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-563 WPA Form 5 - Order of Conditions MassDEPFile 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town A. General Information Please nota. Salem this form has 1. From: Conservation Commissi been modified wkh added 2, This issuance is for space to (check one): a.®Order of Conditions ❑Amended Order of Conditions accommodate the Registry of Deeds 3. To: Applicant: Requirements Charles A. Smith a.First Name b.Lest Name Important: When filling out forms on c.Organization the 4 Galloupes Point Road computer, d.Mailing Address use only the tab key to Swampscott MA 01907 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. Clayton W. and Jean L. - Smith a. First Name b.Last Name c.Organization 27 Pierce Road d.Mailing Address Salem MA 01970 e.Cityfrown f.State g.Zip Code 5. Project Location: 27 Pierce Road Salem a.Street Address b.City/Town 31 319 c.Assessors Map/Plat Number d.Parcel/lot Number Latitude and Longitude, if known: d m s it m s d.Latitude e.Longitude .pawm6A°e. rev. WSM10 Popp or 12 - �U �rlr �118�I�il�llallllll��lllli�lllll� (� SO,ESSR #144 OU4220 Pg;405 07/16/2015 10:61 CONDN pe 1/16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 - Order of Conditions MassDEP File If Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information Please note: Salem this form has 1. From: -(5-0 been modifiednservation Commission with Bdded 2. This issuance is for Spam to (check one): e.❑Order of Condition b.®Amended Order of Conditions aaommodate the Registry of Deeds 3. To: Applicant: Requirements Charles A. Smith a. First Name b.Last Name Important When filling out fors on c.Organization the 4 Galloupes Point Road computer, d.Mailing Address use only the tab key to Swampscott MA 01907 move your e.City/rows f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. Clayton W. and Jean L. Smith I[� a.First Name b.Last Name c.organization �^ 27 Pierce Road d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code 5. Project Location: 27 Pierce Road Salem a.Street Address b.Cltylrovm 31 319 c.Assessors Map/Plat Number d.ParcelfLot Number Latitude and Longitude, if known: d m s d m s d.Latitude e:LongRuda wpaTmm5.doc• fay.051192010 Page 1 of 12 �✓ Pt. Massachusetts Depa DEP Fla Number. Bureau of Resou " ction -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions ss3 Massachusetts We n rote n Act M .L. 31, rmnaedbyDEP A. General Information IBM M#71 V4PLg:19 Important: 1 Applicant: When filling out forms on the03/03!2017 09;34 DfTN Pe 1!t computer,use Charles A.Smith only the tab Name key to move 4 Galloupes Point Road your cursor- MalOng Address do not use the Swampscott MA 01907 return key. Gtyrrown State Zip Code 2. Property Owner(If different): -V Clayton W. and Jean L. Smith Name y 27 Pierce Road Malting Address Salem MA 01970 Clty/Town - state Zip Code B. Authorization The Order of Conditions(or Extension Permit)issued to the applicant or property owner listed above on: 4/1/2014 Issued by: Salem Data Conservation Commission for work at: 27 Pierce Road 31 319 street Address Assessor's MaplPlat Number Parcel/Lot Number I recorded at the Registry of Deeds for. South Essex 34220 405 County Book Page Cedificate(0 registered land) Is hereby extended until: 4/1/2018 Date Date the Order was lest extended(if appneabie) - This date—can tie ho-ii fore thari 3 years-from the expiration date of the Order of Conditions-orthe latest- extension.Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (htto:Uwww.mass.aov/eea/agencies/massdeo/about/wntacts/flnd-the-massdeo-reaionalofioe-for-vour•citv-or- own. / Signat DaW vryalannfAoc•rev.9r/9r7D10 Page 1 d 2 § r .4 It f de / -Y a +=c U f �� S co i " . ' Tom• �� y .I V O'N 99 � � I1 � � 1 1 � 1 I I ' +i: ,n M ed� sed" � :A1 e � ..., ail a �� + � �e � , �irr `� Q �pn. ' r �� G � . �• ,�,,., ,.�-- ,„ t,,-- I �,e�'+ - k:�.. ,� ,� .�, �� - s I +i�bl n � �m4^ - _ :�-�� x, . . _, .. .her � i 4 z �.- � w�„' fY,.u�sl�_-4' `y�e y,x ya'� �' �"i[`'",,�p°i'"� xs`w�"•rr' .�-�-'�' ,...�A. `"a Se �. - � '' ��qr :ro- z.. �.� k.� rn A .. _ , ti.y S .�, .A£Ip,T � ��: _• � � I �. h .v. •`�.. 1� �• , _ . � � +fi3i..,q.p :y�s.. f"` �e,. t. � � .., , -�. '� �. 1 , ,� y,y, r"• '+��' rt !Fy i ». �_ `� .{p�,�'��,,�- f] ,. a.:� - ... ... d, .... �_. ...� ... r � � rr t R ��.�" mss^ d4/•� �� .�^'- ��^y.�� .,oma �R't �_` a'` � ��, r �� ,�,�-:.r £ " �..r > � w � acs '':.� -�. �' ,� r- � a y: �- z �. �. y` ,- ' w s �r �, Y ! 4 Np- .� ` 27 Piepce Rd Ar h . c CONUlT�.. CITY OF SALEM CONSERVATION COMMISSION December 2,2014 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Notice of non-compliance—DEP#64-563-27 Pierce Road Dear Mr. Patrowicz: Thank you for meeting with me on November 26, 2014 to inspect the above-referenced property. As we discussed, several elements of this project deviate from the approved plan (dated 3/18/2014). These deviations include, but are not limited to the following: 1. Substantially different grading in the northeast area of the site, including construction of a boulder retaining wall. 2. Installation of an asphalt area for vehicles to turnaround where only crushed stone was approved. These changes bring the project out of compliance with the following conditions contained in DEP WPA Form 5 (Order of Conditions): #13: The work shall conform to the plans and special conditions referenced in this order. #14: Any change to the plans identified in Condition#13 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. In addition,the deviations bring the project out of compliance with the following conditions from the Attachment to Order of Conditions: #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. #14: The work shall conform to the following attached plans and special conditions: [see document] #15: Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. The Conservation Commission will consider this matter at its December 11, 2014 meeting. At this meeting, the Commission will determine what actions are necessary to rectify these deviations, which may include removal of the unpermitted wall and asphalt. Please be advised that per the Wetlands Protection Act, MGL c.131§40, and Salem's Wetlands Protection& Conservation Ordinance,c.50, failure to comply with an order of conditions my result in fines up to $200 per violation,per day. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent Enclosures CC: Beth Rennard, City Solicitor DEP Northeast Regional Office Charles A. Smith Clayton W. and Jean L. Smith 20114104111610011917IIBkI,3I3221II111g11161 04/16/2014 11:03 CONDN Pq 1/16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 1 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission with added 2. This issuance is for apccaceto ommodate (check one): a. ®Order of Conditions b.ElAmended Order of Conditions the Registry of Deeds 3. To: Applicant: Requirements Charles A. Smith a. First Name b.Last Name Important: When filling out forms on c.Organization the 4 Galloupes Point Road computer, d. Mailing Address use only the tab key to Swampscott MA 01907 move your e.City/Town I.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. Clayton W. and Jean L. Smith r� a. First Name b. Last Name c.Organization 2 27 Pierce Road d.Mailing Address Salem MA 01970 e. City/Town I.State g.Zip Code 5. Project Location: 27 Pierce Road Salem a.Street Address b.City(rown 31 319 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known. d m s d m s d. Latitude e.Longitude wpaform5 doc• rev.0 511 9/2 01 0 Page 1 of 12 r,�coNorr%d,, CITY OF SALEM n ��g CONSERVATION COMMISSION June 29, 2015 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Amended Order of Conditions—DEP #64-563-27 Pierce Road Dear Mr. Patrowicz: Enclosed, please find the Amended Order of Conditions for the above referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, T m Dev Conservation Agent Enclosures CC: DEP Northeast Regional Office Charles A. Smith Clayton W. and Jean L. Smith Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File If Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e-DEP Transaction# Salem Citylrown A. General Information Please note: Salem this form has 1. From: been moo..... Conservation Commission with added 2. This issuance is for space to a.❑Order of Conditions b. ®Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Charles A. Smith a. First Name b. Last Name Important: When filling out forms on c.Organization the 4 Galloupes Point Road computer, use only the d.Mailing Address tab key to Swampscott MA 01907 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. Clayton W. and Jean L. Smith IL'�I a. First Name b. Last Name c.Organization 27 Pierce Road d. Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 5. Project Location: 27 Pierce Road Salem a.Street Address b.City/Town 31 319 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: d m s d m s d. Latitude e. Longitude wpaform5.doc• rev.05/19/2010 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex a.County b.Certificate Number(if registered land) 6803 527 c.Book d. Page 4/30/2015 (amendment) 6/11/2014 6/29/2015 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance B. Final Approved Plans and Other Documents (attach additional plan or document references as needed): See attached a.Plan Title b. Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date 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(the Act). Check all that apply: a. ® Public Water Supply b. ® Land Containing Shellfish `' ® 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. ® 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. wpaform5.doc• r .05/1912010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/town B. Findings (cont.) 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 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 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.cly dredged f.cty dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet x. ® Riverfront Area 3130+/- 3130+/- a.total sq.feet b.total sq.feet Sq ft within 100 ft 310+/- 310+/- c.square feet d.square feet e.square feet f.square feel Sq ft between 100- 2820+/- 2820+/- 200 ft g.square feet h.square feet i.square feet j.square feet wpaform5.doc• rev.05/192010 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.c/y dredged 12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd 13. [:1 Coastal Beaches a.square feet b.square feet c.nourishment d. nourishment 14. EJ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d. nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. El Salt Marshes a.square feet 3—sq uare feet c.square feet d.square feet 1e. ❑ Land Under Salt Ponds a.square feet b.square feet c.cty dredged d.Gy dredged 1g. ❑ 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.dy dredged b.Gy dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage naform5.doc• rev.05119=1 0 Page 4 of 12 - - I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands64-563 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/town B. Findings (cont.) p o22ct is for 22. ElRestoration/Enhancement the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland 23. ❑ Stream Crossing(s): S resource area g� ) in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVW)or The following conditions are only applicable to Approved projects. B.17.c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional re ulato measures, shall be deemed cause to revoke or modifythis Order. g ry amount here. 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 3/31/2017 unless extended in writing by the Department. 7. 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. 8. 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. wpaform5 doc• rev.05/192010 Page 5 cf 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 the 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. 10. 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, "MassDEP] "File Number 64-563 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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. wpaform&dm• rev.05/192010 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem CityTrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (1) ❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post constructionon op�lnc uding removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpafcrm5.doc• rev.W1 92 01 0 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 r WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc• rev.05/192010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 MassDEP File# WPA Form 5 _ Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. I) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): wpaform5.doe• rev.05/192010 Page 9 of 12 I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection and Conservation Ordinance c. 50 1. Municipal Ordinance or Bylaw 2.Citation 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): The attached special conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpafcrm5.doc• rev.05/19/2010 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands y �� 3 L�F WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTansaction# S'@ City/Town E. Signatures /I Important:When This Order is valid for three years, unless otherwise specified as a special filling out forms on the computer, condition pursuant to General Conditions#4, . .from the date of issuanceDate of ssuance use only the fab Please indicate the number of members who will sign this form. b C key to move your This Order must be signed by a majority of the Conservation Commission. 2.N ber Signers cursor-do not use the return The Order must be mailed by certified mail (return recejfile ueste de red to key. the applicant.A cop must be mailed, hand delivered oelec I att aI time Qwith the appropriat MassDEP Regional Office. Signatures: 17 ❑ by hand delivery on qY by certified mail, return receipt request , o>n Date Vate 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 MassDEP 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 for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with 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 providing written information to the Department prior to issuance of a Superseding Order. 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. I wpa%igsrloo- .,0V2512010 Paga(�of�\ Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP 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 wpaform5.doc rev.05/192010 Page 12 of 12 Attachment to Amended Order of Conditions # 64-563 € r. Page lof6 ATTACHMENT TO AMENDED ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-563 27 Pierce Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (3/6/2014, online) 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 vernal pools. This order permits the construction of a house addition and appurtenances at 27 Pierce Road. 2015 Amendment: See Amended Approved Plans and Additional Conditions (Amended)below. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 6 pages of this attachment)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 50. 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 on site, a DEP Sign showing DEP File#64-563 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)business 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 compliance time for liance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131 P P 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. Attachment to Amended Order of Conditions # 64-563 Page 2of 6 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: Original Approved Plans SITE PLAN TO ACCOMPANY A NOTICE OF INTENT APPLICATION (Title) 3/18/2014 (Dated) Scott Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On file with) ps" Attachment to Amended Order of Conditions # 64-563 )• Page 3of 6 Amended Approved Plans SITE PLAN SHOWING PROPOSED WORK TO ACCOMPANY AN AMENDED NOTICE OF INTENT APPLICATION, MassDEP 464-563 (Title) 6/28/2015 (Dated) Scott Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before 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. [Reserved] PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at (978)619-5685 at least forty-eight(48) hours prior to construction 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 Agent shall inspect and approve such installation at the pre-construction meeting. Attachment to Amended Order of Conditions # 64563 € J Page 4of 6 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 adequate additional erosion control devices stored under cover on the site to be used for emergency erosion control purposes. 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 any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent 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 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-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer than 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. " Attachment to Amended Order of Conditions # 64-563 Page 5of 6 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 21A, 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 (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: (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 Agent has authorized their removal. I a Attachment to Amended Order of Conditions # 64-563 Page 6of 6 ADDITIONAL CONDITIONS 43. Applicant shall monitor disturbed areas for invasive species until planted vegetation is fully established. 44. In order to reduce the spread of invasive species, only weed-free certified erosion controls shall be utilized. ADDITIONAL CONDITIONS(AMENDED) 45. There shall be no substantial deviation from approved plant species, size, or location without explicit approval from the Conservation Agent. 46. Cedar posts shown on plans shall include wetland markers supplied by the Conservation Commission or an equal approved by the Conservation Agent. 1 .ti . corioir;�� CITY OF SALEM n i t CONSERVATION COMMISSION April 1, 2014 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Order of Conditions—DEP #64-563-27 Pierce Road Dear Mr. Patrowicz: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File #64-563 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Charles A. Smith Clayton W. and Jean L. Smith Massachusetts Department of Environmental Protection Provided by MassOEP: - Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 - Order of Conditions MassOEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission with added 2. This issuance is for space to a.®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Charles A. Smith Important: a. First Name b. Last Name When filling out forms on. c. Organization the 4 Galloupes Point Road computer, use only the d. Mailing Address tab key to Swampscott MA 01907 move your e. Cityrrown f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. Clayton W. and Jean L. Smith rm a. First Name b. Last Name C.Organization 27 Pierce Road d. Mailing Address Salem MA 01970 e.Cityrrown f. State g.Zip Code 5. Project Location: 27 Pierce Road Salem a. Street Address b.Cityrrown 31 319 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d m S d m s d. Latitude e. Longitude wpaf0rm5.doc• rev.05/192010 ' Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 r WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex a.County b.Certificate Number(if registered land) 6803 527 c. Book d. Page 2/27/2014 3/27/2014 3/31/2014 7. Dates: 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): See attached a. Plan Title b. Prepared By c.Signed and Stamped by d. Final Revision Date e. Scale f.Additional Plan or Document Title g. Date 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(the 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. ® 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. wpaform5doe- rev.051192010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c. linear feet d. linear feet a. ❑ Bordering Vegetated Wetland a.square feet b. square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.Gy dredged f.c/y dredged 7. ❑ Bordering Land Subject to Flooding a. square feet b.square feet c. square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ® Riverfront Area 3130+/- 3130+/- aa total sqfeet b.total sq.feet Sq ft within 100 ft 310+/- 310+/- c.square feet d.square feet e. square feet f.square feet Sq ft between 100- 2820+/- 2820+/- 200 ft g. square feet h.square feet i. square feet j.square feet wpaform5.doc• rev.05I19t2010 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet - c.ay dredged d.cty dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches cu yd cu yd 13. a.square feet b.square feet c.nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14' a.square feet b.square feet c. nourishment d. nourishment 1s. ❑ Coastal Banks a. linear feet b. linear feet is. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Set 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.dy dredged d.cry 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.Gy dredged b.Gy dredged 21. ❑ Land Subject to . Coastal Storm asquare feet b.square feet Flowage wpaform5.doc• rev.0511912010 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) protect 2. Is for the 22. ElRestoration/Enhancement*: the purpose of restoring or square uare feet of BVW enhancing a q b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b, number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (Bvw) 8.17.c(Salt The following conditions are only applicable to Approved projects. S Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional re ulator measures, shall be deemed cause to revoke or modify this Order. 9 Y amount here. 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 3/31/2017 unless extended in writing by the Department. 7. 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. 8. 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. wpalorm5.tloc• rev.0 511 912 01 0 Page 5 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEPFIIe Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem Cit ffown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. 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 the 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. 10. 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, "MassDEP"] "File Number 64-563 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. 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. 17. 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. wpaform5 doc• rev.0 511 912 01 0 Page 6 of 12 1 , Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C;. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (t)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wparorm5.doc- rev.05/192010 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 - WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the . proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.dcc• rev.05119/2010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc• rev.051192010 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2.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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection and Conservation Ordinance c. 50 1. Municipal Ordinance or Bylaw 2.Citation 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): The attached special conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaformEdoc• rev.05/192010 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town E. Signatures Important:When This Order is valid for three years, unless otherwise specified as a special filling out forms condition pursuant to General Conditions#4, from the date of issuance. 1. ate d7 Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. r key to move your Thisrcopy sign ajonty of the Conservation Commission. 2. Number of Signers cursor-do not use the return The mailed by c rtified mail (return receipt r qt este r and elivered to key the py must be ailed, hand delivered or filed dlec oni Ily the same time withe MassD Regional Office. SigV by hand delivery on ❑ by certified mail, return receipt /, / � requested, on Date Date 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with 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 providing written information to the Department prior to issuance of a Superseding Order. 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. 1 wpa5sigs.doe• rev.0212512010 . Pageu of j Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-563 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------- ---------- --------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP 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 wpaform5 ao.• rev.051192010 Page 12 of 12 Attachment to Order of Conditions # 64-563 z1 Page lof 5 �"hvmN9 SALEM CONSERVATION COMMISSION DEP FILE #64-563 27 Pierce Road City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (3/6/2014, online) 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 vernal pools. This order permits the construction of a house addition and appurtenances at 27 Pierce Road. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions) 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 50. 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 on site, a DEP Sign showing DEP File#64-563 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10) business 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, 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 Attachment to Order of Conditions # 64-563 Page 2of 5 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 SITE PLAN TO ACCOMPANY A NOTICE OF INTENT APPLICATION (Title) 3/18/2014 (Dated) Scott Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On file 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 Proiect Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the L Attachment to Order of Conditions # 64-563 Page 3of 5 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. [Reserved] PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above, there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at (978) 619-5685 at least forty-eight(48) hours prior to construction 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 Agent 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 adequate additional erosion control devices stored under cover on the site to be used for emergency erosion control purposes. 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 any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent 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 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-term stabilization of disturbed areas. 1 Attachment to Order of Conditions # 64-563 Page 4of 5 28. If soils are to be disturbed for longer than 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 21A,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(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 thejurisdiction 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; Attachment to Order of Conditions # 64-563 Sr _ Page 5of 5 (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 Agent has authorized their removal. ADDITIONAL CONDITIONS 43. Applicant shall monitor disturbed areas for invasive species until planted vegetation is fully established. 44. In order to reduce the spread of invasive species, only weed-free certified erosion controls shall be utilized. PATROWICZ LAND DEVELOPMENT ENGINEERING January 30,2017 Salem Conservation Commission Salem City Offices 120 Washington Street Salem, MA 01970 Re: REQUEST FOR EXTENSION (1 year) Location:#27 Pierce Road,Salem, MA(Assessor's Map 31, Lot 319) MassDEP #64-563 PLDE #13-14 Dear Commission Members: On behalf of: Charles A.Smith (applicant), I respectfully request that you extend the original Order of Conditions (issued on 3/31/14) Recorded at the Registry of Deeds: Book 33221, Page 167 for one additional year. This way we can perform additional monitoring of the wetlands under this original Order and the Amended Order of Conditions (issued on 6/29/15) Recorded at the Registry of Deeds: Book 34220, Page 405, 1 Thank you for taking this matter under consideration at your February 9,2017 meeting. If you have any questions, please do not hesitate to call me. Sincerely, PATROW LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Charles A.Smith cc. William Manuell 14 Brown Street, Salem, Massachusetts 01970 Cell:978-836-6400 Email: scott.patrowiczQverizon.net CITY OF SALEM CONSERVATION COMMISSION February 24, 2017 Scott Patrowicz 14 Brown Street Salem, MA 01970 Re: Extension Permit for Order of Conditions—DEP#64-563-27 Pierce Road Dear Mr. Patrowicz: Enclosed, please find the Extension Permit for the above-referenced Order of Conditions. The attached Extension Permit must be recorded at the South Essex County Registry of Deeds. Once recorded, please return a copy of Page 2 of the Extension Permit, which will indicate to the Commission that the document has been recorded. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, ToZevine Conservation Agent Enclosure CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-553 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: fors on the Charles A. Smith computer, use Name only the tab key to move 4 Galloupes Point Road your cursor- Mailing Address do not use the Swampscott MA 01907 return key. City/rown State Zip Code .AIM I I 2. Property Owner(if different): Clayton W. and Jean L. Smith Name 27 Pierce Road Mailing Address Salem MA 01970 City?own State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 4/1/2014 Salem Date Issued by: Conservation Commission for work at: 27 Pierce Road 31 319 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: South Essex 34220 405 County Book Page Certificate(if registered land) is hereby extended until: 4/1/2018 Date Date the Order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (http://www massgov/eea/agencies/massdei)/abouttcontacts/find the massdei) regional-office for your city-or town.html). / Signatu Date wp8f0rm7.Ux•rev.5/29/2014 Page 1072 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-e63 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Project Location DEP File Number has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpeform7.d=•rev.5/29/2014 Page 2 of 2 Wetlands & Land Management, Inc. 100 Conifer MHDrive-#516 Danvers,MA 01923 978-777-0004 Telephone 978-539-0005 FAX April 27, 2015 Tom Devine Conservation Agent Department of Planning and Community Development 120 Washington Street Salem, MA 01970 RE: Request to amend the order of conditions for DEN 64-563 27 Pierce Road—Charles Smith Dear Mr. Devine and Conservation.Commission Members: We last discussed this project in December 2014 at a Conservation Commission meeting. At that time, certain grading and paving deviations were noted from the approved plan. We discussed these deviations with the Commission as well as the progress of the buffer zone mitigation and restoration project that was recently implemented. We agreed to perform an as-built survey to document existing conditions and then return to the Commission to formally amend the order of conditions so that the final plan will match approval documents. We also agreed to formally prepare a riverfront area and buffer zone mitigation plan to address the recently cut over sewer easement. Please consider the following. The revised plan represents as-built conditions as of the date of this letter in addition to remaining items to be completed per the original order of conditions. The overall approved project included construction of a dwelling addition, adding a paved driveway extension and providing appropriately sized stormwater mitigation areas. As built conditions do reflect the overall approved project, however the grading and paved driveway deviates from the approved plan, albeit in a positive way. The proposed stormwater mitigation areas are constructed substantially as designed and approved with the exception that the larger basin on the easterly side of the driveway was constructed with a low stone retaining wall on the northerly edge of the basin. You will note on the approved plan that this basin was to occur directly at the edge of the existing paved driveway. The existing pavement became damaged and broken up during construction so the site contractor took the opportunity to re-position the driveway farther landward from the edge of the stormwater mitigation basin. This increased the separation between the edge of pavement and the adjacent salt marsh. The approved separation averaged 43 feet in the vicinity of flag SM3 to SM4. The current separation in that area is increased to averaging 49 feet. Additionally, where the approved plan showed stormwater sheeting directly off the driveway into the mitigation area, the as-built plan now has a grass treatment swale now to be constructed between the edge of pavement and the stormwater mitigation area. The extent of driveway paving also shows a net reduction from the approved plans. You would note on the approved plan that the driveway apron approaching the new addition was a three car width of 35 feet. As built conditions show a two car width apron of 22+/- feet wide at the new addition. Approved plans showed a gravel turnaround area which is now paved. Approved plans showed a total of 1880+/- square feet of new driveway in the inner and outer riparian zone, plus the 135 square foot gravel turnaround. As-built conditions now show 1821 square feet of new pavement in the inner and outer riparian zone, including the now paved turnaround area which is a small reduction of 59 square feet of pavement from the approved plan. Additionally, with the relocation of the existing drive to be farther away from the wetlands, this narrowed the existing drive and reduced impervious cover by an additional 385 square feet. The as-built conditions have a net reduction of 444 +/- square feet of driveway area from what was originally approved. I have also included a Riverfront Area and Buffer Zone Restoration and Maintenance Plan to formalize the on-going restoration effort in the sewer easement area of this lot. The Commission gave verbal approval to restore this area last fall. At the December 2014 meeting, the Commission requested the addition of appropriate shrub species to help naturalize the restoration area. The attached plan provides a planting specification and monitoring protocol over two years to ensure the successful restoration of the sewer easement area. The plan calls for the installation of fifty shrub specimens over an area of roughly 5000 square feet. The shrubs will be distributed throughout the restoration area on roughly 10-foot centers. I have also included a short term maintenance protocol to assist plant survival. I have found that the commercial seed mixes provide rapid and profuse herbaceous cover in the first several growing seasons. This provides the desired effect of stabilizing the ground surface, but it also provides competition for the newly planted nursery stock specimens. I have advised for the owner to keep competing vegetation away from the shrubs for the first two growing seasons. After two growing seasons, the shrubs should be tall enough to coexist with the herbaceous vegetation. The applicant is requesting to amend the order of conditions. An amendment is appropriate because the work area of the project did not increase and the amount of approved pavement surface decreased without adjusting the stormwater basin size. Furthermore, the developed portion of the project is now actually farther away from the wetlands than previously approved. I will notify abutters of this request to amend the order of conditions and will coordinate with your office to place the required legal ad in the Salem News. I would like to meet with the Commission on May 14, 2015 to discuss this matter. Sincerely, Wetlands &Land Management, Inc. (Vtu� 9 MA'7C4.e� William J. Manuell Wetland Scientist For the Applicant Riverfront Area and Buffer Zone Restoration And Maintenance Plan Riverfront Area and Buffer Zone Restoration and Maintenance Plan 27 Pierce Road Salem, Massachusetts February 6, 2015 Wetlands & Land Management, Inc. 100 Conifer Hill Drive, #516 Danvers, MA 01923 r Riverfront and Buffer Zone Restoration And Maintenance Plan 27 Pierce Road, Salem, MA Introduction and Work Completed to Date The project site is 27 Pierce Road in Salem. The owner applied for and received an order of conditions to construct a dwelling addition. (see DEP#64563). In an event unrelated to the project, certain areas of riverfront area and buffer zone were brush hogged during a sewer maintenance effort in October 2014. Most of the area that was brush hogged was infested with invasive plant species. Aggressive cutting such as brush hogging leaves the root system of these aggressive plants intact and in many instances, will encourage the plant to re-generate rapidly and more dense than the initial vegetation. After consultation with the Salem Conservation Commission, the owner agreed to initiate a restoration effort to eradicate the invasive species and restore this riparian area with native plants. Based on discussions with the Conservation Commission and the site engineer, Wetlands&Land Management, Inc. initiated coordination with the site contractor to restore the affected buffer zone and riverfront area. Wetlands & Land Management, Inc. also communicated with the Conservation Commission agent via email as well. With Commission approval, the owner's site contractor hired a landscape company to grub the affected area. This was done to reduce or eliminate root stock of invasive shrubs. Wetlands&Land Management, Inc. met with the landscaper on October 29, 2014 to monitor the grubbing and land preparation efforts. The area was grubbed, then smoothed and raked. We delivered five pounds of an appropriate seed mix to the site and the landscaper hydro seeded the area with the seed mix during the week of November 10, 2014. The area was lightly mulched. Erosion control barriers were established between the undisturbed uplands at the site as well as the down gradient undisturbed wetlands. 2 Around that time, the Salem Conservation Commission agent suggested to add some additional shrub stock vegetation. The owner agrees, but it was too late in the planting season to obtain and install the additional plants. Additional Riverfront Area and Buffer Zone Restoration to be Completed in Spring 2015 We propose to install nursery stock shrubs within the restoration area in spring 2015. In spring, the disturbed area will be re-vegetated with nursery stock plants. Restored buffer zone and riverfront areas will be planted with indigenous shrubs in accordance with the attached planting schedule. The highest likelihood of success is for plant installation to occur in the spring, before June 1, 2015. Planting during other times in the growing season will require additional care such as watering or additional monitoring. I Monitoring Monitoring the plant installation and progress of the restoration area is integral to the success of the effort. The following restoration oversight and monitoring schedule is recommended. A wetland specialist should oversee the restoration effort and future inspections. Schedule Objective Pre-restoration: Communicate with landscape contractor to establish timing, objective and methods. During restoration: Oversee restoration efforts including installation of nursery stock, overseeding, mulching and site clean up. Establish photo stations to be used during future evaluations. Post Construction: One month after installation to assess nursery stock plant survivability. Provide written report to the Conservation Commission. On-Going monitoring: End of the first growing season— Sept 15, Year 1 2015 or thereabouts. Report on progress of the re-vegetation, area coverage, provide photos, assess plant volunteering from natural processes. Provide assessment of the likelihood of achieving 75%plant survival and 90%buffer zone surface coverage by the end of a full year growing season. Institute a contingency plan if necessary that could include additional nursery stock installation to achieve 75% coverage within the restoration area; re-seed to address bare or thin areas. Monitoring: End of the second growing season— Sept 15, Year 2 2016 or thereabouts. Report on progress of the re-vegetation, area coverage, provide photos, assess plant volunteering from 3 natural processes. Provide assessment of the goal of achieving 75% plant survival and 90%buffer zone surface coverage by the end of the second year growing season. Institute a contingency plan if necessary that could include additional nursery stock installation to achieve 75% coverage within the restoration area; re-seed to address bare or thin areas. On going Maintenance The restored area was seeded heavily with a buffer zone conservation mix. We anticipate aggressive growth of the seeded area in the spring. Overseeding a restoration area is am important step to ensure the ground surface is stabilized as soon as possible. From experience with past restoration efforts, the herbaceous growth from the seed mix grows vigorously and in some cases, out-competes and overtakes the woody shrubs, causing the shrubs to die off. For this reason, it is imperative to maintain the herbaceous growth once or twice per year in the initial years after planting. Herbaceous growth should be"weed whacked" or mowed away from the woody shrubs to allow the shrubs to grow. After a season or two, the shrubs have usually grown tall enough and have sufficient leaf cover in the growing season to shade out the aggressive herbaceous growth immediately around the shrub. Once the shrubs are established, the mowing can be ceased. Occasional pruning and shaping will encourage proper crown development, encourage root development and vigorous side branching to create a full, healthy shrub specimen. 4 Riverfront and Buffer Zone Restoration Summary and Planting Schedule 27 Pierce Road, Salem Riverfront and Bu er Zone Restoration Area Square Feet Plants Size Spacing Riverfront and Buffer 5000+1-square feet Buffer zone shrubs 2-3 feet Install plants on ten foot Zone Restoration Area- including arrowwood,high centers. Avoid areas that Install nursery stock shrubs bush blueberry, sweet are subject to tidal within the recently seeded pepperbush or sweet fern. inundation. areas. Use at least three varieties of plant. The total number of plants is 50 PATROWICZ LAND DEVELOPMENT ENGINEERING February 18, 2014 Salem Conservation Commission 120 Washington Street, 3rd Floor Salem, MA 01970 RE: NOTICE OF INTENT APPLICATION (NOI) Proposed House Addition (attached to an existing single-family house) #27 Pierce Road, Salem, MA Assessor's Map 31, Lot 319 PLDE # 13-14 Dear Commission Members: On behalf of Charles A.Smith (applicant), I respectfully request that you review the attached Notice of Intent (NO]) application for proposed work in compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance. Generally speaking, the proposed scope of work occurs within an existing large lawn area and includes the following: *Construction of a house addition (footprint = 1,125+/-SF) adjoining the existing single-family house, •Construction of a paved driveway expansion (footprint = 2,255+/-SF) adjoining the existing paved driveway, •Proposed utilities, grading, walkways, landscaping and appurtenances, •Construction of a landscaped depression (footprint = 980+/-SF) for stormwater control. EXISTING WETLAND RESOURCE AREAS: Existing wetland resource areas are described in the attached report by Wetlands and Land Management, Inc. dated 2/18/14. Note: this letter land attached plans) by no means constitutes a FEMA Flood Certification or FEMA Elevation Certificate for the determination of flood insurance. Additional field survey and other work would be required by others for such a certification. 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Email: scott.patrowicz@verizon.net r r SCOPE OF WORK PROPOSED: The owner proposes to hire a professional site and building contractor to perform the following scope of work as shown on the Site Plan: a. Post MossDEP sign(facing the sheet). Record the Order of Conditions at the Registry of Deeds. b. Have a pre-construction meeting with the Conservation Commission agent. Inspect those areas where work is proposed. c. If necessary,set up a dumpster on the driveway for demolition debris. Cover it when not in use. d. If required, locate and cap. Determine condition of existing utilities for re-use. e. Install with silt fence erosion control and limit of work(see detail on the Site Plan). I. Demolish the adjoining wall of existing house. Remove debris from site. Remove shrubs as necessary. g. Clear and grub. De-loam and stockpile where shown on the Site Plan (for re-use at the end of the project). h. Excavate for new foundation for the proposed house addition. Expose ledge and chip(or blast) as required. 1. Install new foundation for the house addition. Rough grade site. j. Install new utilities (re-use and/or connection with existing utilities if determined existing utilities are in good-working order). k. Frame and finish the new addition. 1. Fine grade the site. Grade for the sub-base of the driveway. Insure that existing substrate is suitable, so that driveway does not settle. m. Install new paved driveway(gravel base and asphalt binder,top course). n. Restore all disturbed areas with loam, seed and landscaping. o. Have a post-construction meeting with the Conservation Commission agent. Inspect those areas where work was performed. Request a Certificate of Compliance. PATROWICZ LAND DEVELOPMENT ENGINEERING PROPOSED IMPACTS: Proposed impacts to wetland resource areas and buffer zones are described in the attached report by Wetlands and Land Management, Inc.dated 2/18/14. The temporary impacts during construction include staging materials,workers walking around, hauling materials and constructing. Cleanliness is paramount, therefore during the day (and certainly prior to the completion of each day), inspection(s) will be performed to pick-up trash/debris/wastes. The site shall be broom swept and/or raked clean during of the project (and especially thorough sweeping/raking/debris removal at the completion of the project prior to the Request for Certificate of Compliance). Debris shall be continually removed from locus and properly disposed of off-site (and/or disposed of in a covered dumpster). The dumpster shall be promptly emptied (hauled off-site) when it is full (not-overfilled). Construction materials will be secured each day (to minimize wind-blown deb(s). Note: this letter(and attached Site Plan) by no means constitutes any structural and/or geotechnical engineering certification for the work existing or proposed. Both structural engineering and geotechnical engineering issues (if required) are handled by others. Note: this letter(and attached Site Plan) by no means constitutes any certification of compliance with Salem Zoning Regulations. Final determination of zoning compliance is per the Salem Building Inspector. Owner shall obtain a building permit for the proposed work (or a determination that a building permit is not required) from the Salem Building Inspector. NOI SUBMITTAL MATERIAL: I respectfully submit eight (8) copies of the Notice of Intent (NOI) application package to include the following: •NOI Application (WPA Form 3), •NOI Wetland Fee Transmittal Form (WPA Category#5 seawall repair 260 LF), •Copy of check for$70 (NOI WPA filing fee made payable to the Commonwealth of Mass), •Check for$95(NOI WPA filing fee made payable to the City of Salem), •Locus Map (USGS), •List of abutters and map (prepared by Salem Assessor's Dept), •Form entitled:Notification to Abutters under Massachusetts Wetlands Protection Act and City of Salem Wetlands Protection Ordinance, •Form entitled:Affidavit of Service (Abutter Notification), •Wetland Resource Inventory(prepared by Wetlands and Land Management, Inc) dated February, 18 2014), •Wetland Impact Assessment(prepared by Wetlands and Land Management, Inc) dated February, 18 2014), •Plan entitled: "Site Plan"dated 2118114, Scale: I" = 10' (prepared by PLDE), •FEMA FIRM Map #25009C0532F dated July 3, 2012, PATROWICZ LAND DEVELOPMENT ENGINEERING •Bird's Eye Views of the project site from Bing maps (with annotations), •Legal advertisement(prepared by the Salem Conservation Commission agent), attached separately. It is my understanding that I will notify the abutters via hand delivery or certified mail (RRR) from the list of abutters provided to me by the Salem Assessor's Dept. (thru your office) with the attached form entitled: "Notification to Abutters". I will submit receipts of the certified mailings (RRR) to the Commission the night of the public hearing. It is also my understanding that you have submitted the legal advertisement to the local newspaper for publication of the hearing date. I will receive the invoice for the legal advertisement. One copy of the above NOI application package is being sent via certified mail to MassDEP- Wetlands, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887. Thank you for taking this matter under consideration. We look forward to the public hearing on March 13, 2014. If you have any questions, please do not hesitate to call me. Sincerely, PATRO LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Charles Smith (applicant) w/attachments cc. William DiMento, Esq w/attachments cc. Bill Maneull w/attachments cc. MossDEP-Wetlands, Northeast Regional Office w/attachments PATROWICZ LAND DEVELOPMENT ENGINEERING Massachusetts Department of Environmental Protection Provided6 MassDEP.' Bureau of Resource Protection - Wetlands MaaaoEP,File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALE nt•T(8nsaction NumbeC SALEM City/rown ImpoWhen filling A. General Information When filling out fors on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 27 PIERCE ROAD Salem 01970 cursor-do not a.Street Address b.Ci frown c.Zi use the return h' P Code key. Latitude and Longitude: d.Latitude e.Longitude VQ 31 319 f.Assessors Mop/Plat Number g.Parcel/Lot Number _ 2. Applicant: Charles A. Smith a.First Name b.Last Name Note: Before c.Organization completing this for consult4 Galloupes Point Road '. your local d.Street Address Conservation Swampscott MA 01907 Commission e.Citylrown f.State g.Zip Code regarding any 781-248-7965 cassa12@aol.com municipal bylaw @ or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner Clayton W. and Jean L. Smith a.First Name b.Last Name c.Organization Ali 27 Pierce Road d.Street Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-745-5521 cassal2@aol.com h.Phone Number i.Fax Number j.Email address 4. Representative (if any): Scott Patrowicz, P.E. a.First Name b.last Name Patrowicz Land Development Engineering c.Company 14 Brown Street d.Street Address Salem MA 01970 e.City/rown f.State g.Zip Code 978-836-6400 978-745-4110 scoff. atrowicz@verizon.net h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid(from NOI Wetland Fee Transmittal Form): $165.00 $70.00 $95.00 a.Total Fee Paid b.State Fee Paid a City/rown Fee Paid wpafor3.doc•rev. 1/3/2013 Page 1 of 8 Massachusetts Department of Environmental Protection Provided bpMassD'EP:' Bureau of Resource Protection -Wetlands `;MaasoEP Bile Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALE ntTranaactionNumber, SALEM City/town A. General Information (continued) 6. General Project Description: The owner/applicant proposes to construct a new house addition(attached to an existing single-family house) including driveway, utilities, grading and landscaping. See Site Plan and Wetlands Reports for full explanation. 7a. Project Type Checklist: 1. ® Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310 CMR 10.53(inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) 6803 527 c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ® Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal 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. Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other a. El Bank Resource Areas, 1.linear feet 2.linear feet please attach a b_ ❑ Bordering Vegetated narrative explaining how Wetland 1.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged wpafonn3.doc•rev. 1 W013 Page 2 of 8 byMassnEP Massachusetts Department of Environmental Protection Provaed Bureau of.Resource Protection -Wetlands MaaapEPFleNpmber WPA Form 3 - Notice of Intent Document7ransaction Number, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM City/Tom B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square at 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced Forest River(tidal) f. ® Riverfront Area 1.Name of Waterway(d available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ® 200 ft. -All other projects 3.Total area of Riverfront Area on the site of the proposed project: 3,380 square feet 4. Proposed alteration of the Riverfront Area: 3,380 315 3,065 a.total square feet b.square feet within 100 ft. a square feet between 100 ft and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ® Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) 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 number a. E] Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. ❑ Land Under the Ocean with all 1.square feet supplementary information you 2.cubic yards dredged submit to the department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment •rev. 1/3/2013 wpafortn3.doc Page 3 of 8 Massachusetts Department of Environmental Protection Provided by.MassDEP Ll Bureau of Resource Protection -Wetlands ' �MassDEP,Fie Number , WPA Form 3 - Notice of Intent '.DocumentTransacbon Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM City/rows B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1. linearfeet g. ❑ Rocky Intertidal Shores 1.square feet h.❑ Salt Marshes 1.square feet 2.sq R restoration, rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BV W b.square feet of Saft Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b_number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to hftp://www.mass/www.massgov/dfwele/dfw/nhesp/regulatorvreview/priori�habitat/online viewer.htm/dfwele/dfw/nhesp/regulatory review/priority viewer.htm. 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 10/06 100 Hartwell Street,Suite 230 b.Date of map West Boylston,MA 01583 wpafonn3.doc•rev. 1/3/2013 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands MassDEP FUe:Number i WPA Form 3 - Notice of Intent :Document Ti2nsaction Nuintier:' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM Cityrrown C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-jay, MESA/Wetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1 A, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. a Submit Supplemental Information for Endangered Species Review* 1. ❑ Percentagetacreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions existingandproposed 1 9 9 P P tree/vegetation clearing line, and clearly demarcated limits of work**" (a)❑ Project description (including description of impacts outside of wetland resource area & buffer zone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfvv/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts-NHESP"and mail to NHESP at above address Projects altering 10 or more acres of land, also submit (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. - Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, htt0://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.00v/dfwele/dfw/nhesp/nhesp.htm,regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. " MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 1/3/2013 Page 5 of 8 L_ Massachusetts Department of Environmental Protection Provided by,MassDEP Bureau of Resource Protection -WetlandsMaaaDEP Fie Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DocumenttransactwnNrmber" SALEM City/rown C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation & Management Permit with approved plan. 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. N Not applicable—project is in inland resource area only b.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NO[to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island,and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn:Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester,MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q)and check if: 1.❑ Applying for Low Impact Development(LID)site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.® No. Check why the project is exempt: 1. ® Single-family house wpaforn3.doc•rev. 1/3/2013 Page 6 of 8 LlMassachusetts Department of Environmental Protection provdedbyMassDEP'%, Bureau of Resource Protection - Wetlands MaaaDEPF]eNumber WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SALEM'SALEM Cityrrown C. Other Applicable Standards and Requirements (cont'd) 2.❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. 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. 0 Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BV\M replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. 0 Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Site Plan a.Plan Title Patrowicz Land Development Engineering Scott Patrowicz, P.E. b. Prepared By c.Signed and Stamped by 2/18/14 1"= 10' d.Final Revision Date e.Scale Welland Resource Inventory&Welland Impact Assessment 2/18/14 prepared by Bill Manuel],Wetlands and Land Management Inc. g.Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. s.❑ 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. 8. 0 Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpafonn3.doc•rev. 1/3/2013 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands ` MassDEP File N amber. WPA Form 3 - Notice of Intent Document,Tiansaction bomber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown E. Fees 1. ❑ Fee Exempt 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: 2) ata 2.Municipal Check Number 3.Check date 213'1 Z l 4.State Check Number 5.Check dat /� e+VN&%--Z S i 7 . Sr!� 1 1 6.Payor name on check:First Name 7.Payor name on check:Last Name F. 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 by Certificate of Mailing or in writing by hand delivery or certified mail(return receipt requested)to all abutters within 100 feet of the property line of the proje ration. 2 ) 1. 11 1.-Signature of App lint 2.Date 3.Signature of Property Owner(if different) =�F,P T90 4.Date pp p SCOTT IAN '6 5.Signature of Representative(if any) FAIH6.Date 1111 o CIVIL y ,9 No.3365 A9O RC TEP For Conservation Commission: Two copies of the completed Notice of In E Including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal For nd the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes"box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpafonn3.doc•rev. 1/311013 Page 8 of 8 ' 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 When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your 27 PIERCE ROAD Salem cursor-do not a.Street Address b.Cityrrown use the return key. $70.00 c.Check number d.Fee amount 2. Applicant Mailing Address: Charles A. Smith a.First Name b.Last Name c.Organization 4 Galloupes Point Road d.Mailing Address Swampscott MA 01907 e.City/Town f.State g.Zip Code 781-248-7965 cassal2@aol.com h.Phone Number i.Fax Number j.Email Address 3. Property Owner(if different): Clayton W. and Jean L. Smith a.First Name b.Last Name c.Organization 27 Pierce Road d.Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-745-5521 cassal2@aol.com h.Phone Number i.Fax Number j.Email Address To calculate B. Fees filing fees,refer to the category Fee should be calculated using the following process&worksheet. Please see Instructions before tee list and 9 9 examples in the filling out worksheet. instructions for filling out WPA Step trrype of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Forth 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3flridividual 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/rotal 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. noUeetf.dm•WegaM Fee Transmitral Farm•rev.10/17111 Page t of 2 i L111FMassachusetts 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 Irrype of Activity Step 21Number Step Step 4/Subtotal Activity of Activities 311ndividual Fee Activity Fee 1a. house addition 1 $110 x 1.5 $165 (riverfront) I Step 5/Total Project Fee: $165 Step Was Payments: Total Project Fee: $165 a.Total Fee from Step 5 State share of filing Fee: $70 b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: $95 c. 1/2 Total Fee Plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send vrith a check or money order for the state share of the fee,payable to the Commonweafth 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 cityttown fee payment. To MassDEP 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.) nodeed.dw•weuandFeeTmmmeiF« •rev.10/17MI Page 2a2 S ) e1rl-c.,t Massachusetts Department of Environmental Protection Bureau of Resource Protection —Wetlands & Waterways BRP WPA Form 3 - Notice of Intent Instructions and Supporting Materials Category Activities and Fees Category 1 (Fee for each activity is$110): ..p I ) ' ' _ ) a.) work on single family lot;addition, pool, etc.; '7l b.) site work without a house; c.) control vegetation; Tb wk-, d.) resource improvement; Fet: e.) work on septic system separate from house; r f.) monitoring well activities minus roadway; ��vl` t C "�� g.) new agricultural or aquaculture 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 projects 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 for each resource area): For each resource area delineation,the fee shall not exceed$200 for activities associated with a single family house or$2,000 for all other activities). *3inst.doc•rev.1/03/13 Instructions&Supporting Materials I 5-7017/2110 213 6 CHARLES A.SMITH uvi SWAMPSCO T;MAT 90 DATE SWAMPSCOTT;MA 017-2702 ORDER OFE CIA e— DOLLARS. Bi .s' .= KI Citizens Banks NozeclPP,F —C — MEMO 2n ` tchU 21i070175l: )1304'1710751l' 2136 5-7017/2110 213 7 CHARLES A.SMITH 4 GALLOUPES POINT RD. SWAMPSCOTT.-MA 01907-2702 DATE [� PAY TO THE - $ ORDER OF DOLLARS 8. KI Citizens Banks N�soqA�Q�t�' �g.� ci MEMO'%d7A I^cS+..f.- �. iG2ii070i751: 130417i075"m 2137 I ,GALt 1:Lb UUU PATROWICZ LAND DEVELOPMENT ENGINEERING I CENTIMETER ON THE MAP REPRESENTS 250 METERS ON THE GROLZ CONTOUR INTERVAL 3 METERS Land Planning,Civil Engineering, Environmental Permitting DATE: IBJECT_Site Locus ( U.S.G.S. map) Z SHEET NO.: 2.1 PI zt-tz (�� 'zC�s.:� M4 � JOB NO.: 11 - 14 SW0 1000 2000 30110 4000 METERS 1000 `i0 21100 —� 4000 6000 8000 10000 12000 FEET KILOMETERS 1 .5 0 1 _ _ 2 _ 3 MILES 1 - S 0 1 _. =v y c rte uqh It � t * � r` I 'l � �.•'^. A. 1 � xanea'v' ' r A 1/VharF �_ PerLSsht - - .Long Point S A�L-F.M J- g doer /HfbRBOM B .� r �� ~� \�\ \ L •t "�` els (/. t r - tEnw' Pa/mer r ___ +Pmnt. r � 1 H f �'� _ T� •fes ; - r lyllli I�r� F'ol{ 0. _ Picker}f2B Poin v / Eco u` •��TM1� y \ Golf Course she1T, 1 x`111 y fip 4-F T, 41 41 �C \1\ \ i 20 /rfir. '� JJ -�: /1. I - 5• p".I J o� � �` � RAS � ✓� ��v � :^�, 1 � I T ° ,.' ti � NSP i ) Coun _ ram Sc i �d Jt tl� mac.,\ �i �i^/ //f .��iJ1 f�`�==! � ''-� 'i•kP X�}aWal' ,� i CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 27 Pierce Road DATE: 1/21/2013 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public of private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are "abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s)of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: _( Once Certified,Return to: Tom Devine, Department of Planning and Community Development I I I Salem Web GIS-Map Page http://host.appgeo.com/sa)emma/Map.aspx YYe ass q P New Property Search Property ID Address O ^ c Owner Po ° O � f� �!' Property ID 31_0307_0 c ti Address 12 BUCHAP Owner TWELVE Bi Property ID 31_0306_0 Address 16 BUCHAP �� n L'�fO �5 No Owner GACHIGNA J � 7 ` Property ID 31_0305_0 Address 18 BUCHAP ,•r"~— �... `p,. °`�"`— ^��.�, Owner ODONNELI l_ Property ID 31_0304_0 a' y� MAR13LEHEAD Address 20 BUCHAP C V� Owner BURKE RIC Property ID 31_03260 G,y-A( n Search. ___ L G Distance _100 itt F Mailing Labels Ey4 FTI4ML'lvt*El �o o Q� ® Scale 1" = ft Salem City Hall 93 Washington Street, Salem, MA 01970 Phone: 978-745-9595 City Hall Hours of Operation: Monday,Tuesday&.Wednesday 8AM-4PM Thursday 8AM-7PM Site designed by AppGeo. of 1 �x�— 1/21/2014 11:59 AM I 31_030710 r 31_0251_0 TWELVE BUCiANAN RD RLTY TR I POREMBA BARBARA A 12 BUCEANANRD 1 22 SUNSET RD SALEK MA 01970 SALEM,MA 01970 i r 1 1 � 6 1 � 31_0306_0 31_0250_0 GACdIGNARD RAYMOND L 1 OHARETHOMAS P SR 1 LINDA LANE 24 SUNSET RD 1 NAHANT,MA 01908 SALEM.MA 01970 ! f W 31 0305 0 ODONNELLCHARLES M � + 18BUCHANANRDSALEK + j MA 01970 k N 31_030,4_0 BURKE RICHARD H y i 20BUCHANANRD i { S i,MA 01970 1 i + � 1 31_0326_0 � I SALEM CONSERVATION COMM 5 MA V I 31_0318 0 f ECRMAN JOHN 1 1PIERCE RD SALEM,MA 01970 j I 31_0319_0 q ! SMPPH CLAYTON W ! 27 PIERCE ROAD F 1 SALEM,MA 01970 1 ' 31 0302_0 3 i PAPALEGIS LILLIAN C ' 29P IERCE RD ! 1 SALEM,MA 01970 F ! 31_0303_0 HENSLEY SUZANNE E j 31 PIERCE RD SALEM,MA 01970 I f 3110252_0 M r HdYES ARJORIEL 1 20 SUNSET ROAD SALEM,MA 01970 t c i NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act &the City of Salem Wetlands Protection Ordinance In accordance with the second paragraph of the Massachusetts General Laws Ch 131, §40, you are hereby notified of the following: A. The name of the applicant is --------- B. The applicant is filing a _Nnf leex-_ application with the Salem Conservation Commission seeking permission to C.Qe-�$_TJ + � ' such work being near wetlands subject to protection under the Wetlands Protection Act and the Salem Wetlands Protection Ordinance. C. The address of the property where the work is being proposed is ._..-(Z.Cadm�p D. Copies of the application and plans may be examined at Salem City Hall Annex,3`d floor, 120 Washington Street between the hours of 8:00am to 4:00pm Monday through Wednesday, 8:00am to 7:00pm on Thursdays, and 8:00am to 12:00pm(noon)on Fridays. E. Information regarding this matter may be obtained from the Salem Conservation Commission Agent at (978)745-9595 ext 311. Note: Notice of the public hearing, including its date,time and place, will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing, including its date, time, place, will be posted on the Public Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance. Note: You also may contact the Salem Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP call: Central Region: (508)792-7650 *Northeast Region: (978) 694-3200 Southeast Region: (508)946-2714 Western Region: (413) 784-1100 i AFFIDAVIT OF SERVICE Under the Massachusetts Wetland Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, St-10r 821!;:4041 44 .hereby certify under the pains and penalties of perjury that on^ (.dame of Person braking the Affidavit) QQ e� x� /� _-` ,TI gave notification to abutters in compliance with the second paragraph of Massachusetts (Date} General Laws Chapter 131,Section 40,and the DEP Guide to Abutter Notification dated April 8,1994,in Connection with the following matter. A Notice of Intent filed under the eMas�sachusetts Wetlands Protection Act by A- St �1 1M with the Salem Conservation (Name of Applicant) Commission on 7-11-7 )1 for property located at `0M1- W f O114)(Date) (Location of Property) mm of the notification,and a list of the abutters to whom it was given and their addresses are attached Affidavit of Service. Name �` �Q��O� (�} Date Wetland Resource Inventory Description of Existing Conditions and Coastal Wetland Resources Areas 27 Pierce Road Salem, Massachusetts February 18, 2014 Wetlands & Land Management, Inc. i Wetland Resource Inventory Description of Existing Conditions and Coastal Wetland Resources Areas 27 Pierce Road, Salem, MA Introduction The subject property is located at 27 Pierce Road in Salem, Massachusetts. The site is developed with a residential dwelling, utilities,bituminous drives,lawn and landscaping. The project site is located at the end of Pierce Road. The driveway to the residence is more or less an extension of Pierce Road. The entire area around this property is developed with other residential properties. The Forest River and adjacent marsh area is located to the front or south of the site. Wetlands& Land Management, Inc. has visited the site and performed an evaluation of the wetland resource areas at the site. Below is a description of existing conditions and coastal resource areas on or adjacent to the site. Vegetative Cover The predominant vegetative feature at the project site is lawn cover with mature landscaping beds around the home. Maintained hedges or planting beds and a few ornamental trees generally denote the property tines between the project site and the adjacent properties. All areas on the developed portion of the site are well stabilized with the existing vegetative cover. Topography and Soils Topography across the developed portion of the site is very gently sloping from the rear of the lot towards the Forest River. The site plans show a difference of about ten feet between the rear, northerly portion of the site and the edge of salt marsh. The Natural Resource Conservation Service has mapped the soils on the site and the general region as Urban Land and Ipswich mucky peat. Urban land is where generally 75%of the land surface is covered by roads, dwellings and the like. The mucky peat soil is confined to the salt marsh areas. 2 Wetland Resource Areas Wetlands on site were identified by Wetlands& Land Management, Inc. in July 2013 Coastal wetland resource areas on the property consist of salt marsh and land subject to coastal storm flowage. A 100-foot buffer zone extends horizontally from the salt marsh. Land subject to coastal storm flowage does not have a buffer zone. Other resource areas affecting this site include riverfront area. The Forest River is a perennial tidal river so a 200-foot riverfroni area zone extends out from the mean high water line of the river. Applying the DEP Policy 92-1 for interpreting a coastal bank reveals there is no coastal bank on this site. The ground slope of land on this site is flatter than a 10:1 slope at the current 100-foot flood elevation,thus there is no coastal bank. Instead, all lands at the I00-year flood elevation with 10:1 slopes or flatter are characterized as land subject to coastal storm flowage. Ground slopes above the 100-year flood line are flatter than a 4:1 slope. There is no coastal bank above the 100-year flood line. Salt Marsh The property borders on the Forest River. This river is tidal and I noted a salt marsh community bordering on the tidal river. The edge of salt marsh on the property was identified with sequentially numbered blue surveyors flagging labeled SMI to SMB. The edge of salt marsh occurs along a distinct topographic break in slope all along the property. In most areas, the transition is marked by the abrupt slope change and vegetation change from upland species such as black cherry trees and shrubs,tattarian honeysuckle, multiflora rose or staghorn sumac shrubs to typical salt marsh fringe plants including marsh elder and seaside golden rod transitioning to salt marsh grasses. A 100-foot buffer zone extends out from the limit of wetlands. Land Subject to Coastal Storm Flowage The current FEMA Flood Insurance Rate map for this area indicates a portion of the site along the river is identified as a Zone X. Zone X areas of flooding are those areas subject to a 0.2% chance of flooding in any given year(a 500-year storm event), or areas with a 1%chance of flooding in a given year(I00-year storm)to an average depth of less than one foot. The current Flood Insurance Rate Map indicates the house is not within this flood area. 3 Riverfront Area Ine Wetlands Protection Act establishes a two hundred foot riverfront area extending parallel to the mean high water line of tidal rivers. Mean high water is typically determined by field survey however at this site,the tidal river is entrenched within a distinct channel. From experience on the North Shore, mean high water occurs generally at the top or just below the edge of the channel. I also noted the presence of Spartina alternafora, a salt marsh grass that requires daily saltwater inundation. This is another good indicator of the mean high water line in the absence of field survey. I placed wire flags with red surveyors ribbon marked RAI to RA5 along this top of river bank/ edge of the Spartina grass to mark the mean high water line of the river. A 200-foot riverfront area extends out from these flags. Rare Species and Certified Vernal Pools The Natural Heritage Atlas,revised 2008 indicates the property is not within estimated habitat of rare wetlands wildlife or priority habitat of threatened or endangered species. There are no certified vernal pools on this site. i I i ii 4 Wetland Impact Assessment Discussion of Proposed Conditions and Coastal Resource Areas 27 Pierce Road Salem, Massachusetts February 18, 2014 triWetlands & Land Management, Inc. Wetland Impact Assessment Discussion of Proposed Conditions and Coastal Resource Areas The proposed work will involves constructing a new in-law addition to be built over a new garage. The current driveway will be extended to allow entry to the new garage. The addition will have a 1125+/- square foot footprint,extending off the westerly side of the existing dwelling. The proposed addition is entirely within maintained lawn area on this side of the existing house. The proposed driveway extension is creates roughly 2255 square feet of new driveway. This is also within existing lawn. The driveway extension and a portion of the proposed addition occur in the buffer zone to the salt marsh. The northerly half of the addition is outside of buffer zone. Both aspects of the work occur in riverfront area. All work is outside any land subject to coastal storm flowage. To initiate the work, installation of the proposed erosion controls will be the first step in the construction process. The allowed limit of site disturbance is established by the location of the erosion control barrier. The drive extension will be roughed in to provide access to the construction area. Concurrently, the site contractor will rough grade/create the proposed stormwater infiltration/retention areas shown on the site plan. Topsoil can be stockpiled separately for later use to stabilize the site. Excess soils may be used to adjust the proposed driveway grades or taken off site if not needed. With site preparation completed, footing and foundation work will commence. Concrete forms are delivered and set up and the footings and walls are poured with concrete. After a short period to allow for the concrete to cure,the forms are stripped off and walls are backfilled. Any excess material will be removed from the site. Lumber for the addition construction will be dropped in the new drive extension adjacent to the new foundation. Construction workers will carry lumber up to the construction site as needed. A dumpster will be on site through the entire construction process. Once the addition is complete, final site stabilization will occur. The stockpiled topsoil will be restored over disturbed areas and the site will be hydro seeded with a turf grass mix. The siltation barriers will remain in place until the lawn is well established. 2 Roof runoff and runoff from the new drive extension will be directed to the newly created infiltration/retention areas. This will mitigate for any increase in impervious area as a result of the construction. Analysis of Wetland Resource Area Impacts Salt Marsh No work occurs in salt marsh. Moreover,the proposed work is adequately separated from the adjacent marsh. The foundation excavation, which would be the most intrusive site activity,is 80 to 90 feet away from the edge of salt marsh. The drive extension is 42 to 67 feet from the marsh. Minor grading for the infiltration/retention basin occurs within roughly 58 feet from the edge of marsh. An erosion control barrier will be installed between the work area and the nearest site activity. This will prevent any sediment migration beyond the work area and provide a visual reminder of the work area limits. The distance from the marsh coupled with appropriate site access controls established by the erosion control line should not have any adverse affects on the adjacent marsh. Land Subject to Coastal Storm Flowage All site work for the addition occurs well above the current elevation of land subject to coastal storm flowage. Riverfront Area Riverfront area encumbers the easterly two-thirds of this lot including the entire existing house footprint and the proposed in-law addition. The entire addition and most of the drive extension are located in the outer 100-foot riparian zone. The nearest corner of the addition foundation is 140 feet from the mean high water line at one point and farther distance at all other points along the foundation. The drive extension is within 77 feet of the mean high water line at the closest location, and is increasingly farther away as the drive progresses westerly. At the westerly side of the drive,the nearest point to the mean high water is more than 160 feet. The drive extension encumbers roughly 315 square feet of inner riverfront zone. The drive impacts another 1940 square feet of the outer riverfront area. The dwelling addition occupies 1125 square feet of outer riparian zone. Stormwater management is not required for a single family home project. Nevertheless, the plan incorporates a stormwater detention/infiltration basin to improve water quality at the site. Grading for the stormwater management infiltration/retention basin will impact another 980 square feet of the outer riverfront zone, but this grading as well as all of the project impacts occur within lawn area. it 3 The project was sited to be as far from the river as possible and also to minimize new site disturbance by g locatin the addition and drive extension over maintained lawn areas of the site. All areas of indigenous shrubs and tress have been avoided. Areas of existing lawn within the riverfront area are proposed to be converted to infiltration areas to improve stormwater management and treatment at the site. Riverfront Area Alternatives Analysis and Impacts As the property was in existence prior to August 1996,the project alternatives are limited to the lot. The project purpose is to create a new in-law apartment living area. #1 -No Build Option One alternative is to not build the addition however that would not realize the goals to create the in-law living space. This alternative was rejected. #2 -Build Outside of Riverfront Area A second alternative was to create a detached structure and locate the structure on the westerly side of the lot in the grass area outside of riverfront area. This alternative was rejected for cost, logistical and increased impact reasons. From a zoning perspective, a new living area detached from the primary structure is not permitted under the applicable zoning regulations. Ibis alternative should be rejected on that basis alone. Even if zoning were to allow a detached in-law apartment,the structure would have to be relocated roughly 75 feet westerly of the present location. The proposed structure is 1125 square feet. Removal of the structure outside of riverfront would reduce impacts by this amount;however this reduction is offset by the increased length of driveway needed to reach the remote structure. A drive width as designed— 15 feet wide and 75 feet of increased length(for a total of 1125 square feet)would completely offset any riverfront area impact reductions. There is additional increased cost to create longer drive, more infiltration area, installation of utilities. This alternative was rejected for logistical and cost reasons. #3 -Attach the Addition at a Different Location to Reduce the Drive Other home attachment locations were evaluated as well in order to reduce or eliminate the required access drive. Given the position of the existing house,there is no room on the lot to construct an addition on the right or easterly side of the house. The existing house is too close to the easterly property boundary to locate a similar size structure on the east side of the home. The house is also too close to the rear property line as well. 4 If an alternate attachment point was available, it would allow for a reduced drive length and less riverfront area impact,however the location of the home on the lot precludes this alternative. This option was rejected. #4 -Preferred Alternative The preferred alternative is shown on the project site plans. Logistically, it is the most feasible alternative. It confines construction directly adjacent to the existing house and thus minimizes the overall site disturbance,minimizes the length of driveway required for access and the location works the best considering the layout of the existing house and being able to access the proposed in-law addition from the existing house. This minimizes the amount of new riverfront area disturbance and provides a logical connection to the present house. It accomplishes all of the project objectives and compliments the existing layout of the house. It is also the least costly alternative to achieve the project goal. In evaluating the impacts of the preferred alternative,the proposed work impacts approximately 3380+/square feet of riverfront area(not considering impacts for the stormwater management BMP on this lot.) Lots in existence prior to 1996 can alter up to 10%of riverfront area or 5000 square feet, whichever is greater without presuming to alter riverfront area functions. Accordingly,the project is compliant with riverfront area impact thresholds. This presumes that a100 foot wide strip of undisturbed vegetation can be maintained. At this site,there currently is not a 100-foot wide strip of indigenous vegetation. . Most areas within the inner 100-foot zone are already a lawn. Nevertheless, all indigenous vegetation in the inner 100-foot zone is preserved. Riverfront Area Mitigation Stormwater management will be provided on site to mitigate for the new impervious area in the riverfront zone. Currently, all runoff is uncontrolled and untreated. The new stormwater management feature will be a graded depression within existing lawn area. The drive will be sloped to shed runoff to this area. The new basin will detain runoff, trap sediment and allow for stormwater infiltration as well. In summary, the project is remote from salt marsh areas adjacent to the site. Appropriate erosion controls will establish the permitted work zone and prevent any sedimentation to the marsh. The work is outside of the jurisdictional flood zones. 5 The proposed work in riverfront area is clearly the best alternative to achieve the project purpose of creating an in-law living area. The work is compliant with riverfront area impact thresholds and the project provides appropriate mitigation to improve the functions of the existing riverfront area. 6 y r- TON ROAD ,, • eet, ' ~r 'fRIVERWAY ,' t '.-^'TSTA _ e �,� t , �'.:. ;.ROAD i7� � : �♦ � � a r * p �' � ' � p �•° MAP SCALE In=500' 'MONROE ROAD t I ..dp, O� " ) 50 0 `'r00 7000 FEET ,• J �!. , W4 �O METER .�O t C��^. • � lJv 1 ` of �, Y'• 'Y,,f �^ PAC? , e o,44 j SPR SOP iAE • y,�,EI�, cLe ® PANEL 0532F v 5 2� FIRM :f.... SPO � p � • rt ♦,� � `y a FLOOD INSURANCE RATE MAP ESSEX COUNTY, MASSACHUSETTS `d•.`•` ?. y QQ�'+ l t¢`�. I•l�r1 ' s ° (ALL JURISDICTIONS) a F ~ ,f Kai n _ h , •F- . . 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The Map Number shown below C♦ 5 �0 should be usetl when pining map orders, the • •! f%. tl r f° 4a ,�y\' w O Z Community Number shown above should be • a �'S° t •" CL usetl on insurance applications for the subject j • •iaEi s2 community. r.. a ar. r +.� A. and F pt * m ,� «, , wio a MAP NUMBER M y + ANG "`d r rIO: " ar ENfCq'RR LL o 25009C0532f _ ACE * EFFECTIVE DATE �_ / � o JULY 3,2012 'fy L'. rypON, y 1 -- F 4. rgemry MpnagemenL4gencr' 41 C !L p This is an official copy cf a portion of the above referenced flood map, It extracted using F-MIT On Line. This map doss not retied changes q m P N V or amendments wh ch may have been made subsequent to the data on the � �Z title block. For the latest product information about National Flood Insurence � x •• 1 Program flood maps check the FEMA Flood Map Store al wurvv.mac.fema.gw bing 27 pierce road.salem,ma 10 o , © 070 t,(D _, y p �•� WT M4 a .q��.+ t'tiro • x� u ^cti " f a•. 5 e 11-1 _. .mp -c -mi • ..§. � `sem � .� s� aV'f^ `� :i , c � s e s ,�. ego r..� t `� _�.. ,. � !•.,� s M 1iI r i ,,starry... iy xM-,y: pyYe. .asbMvu.,,eya'ir": ....•..5.." +'e _�va < a,ef,s A3im�uYtlaxiawa�.�. `<<c gm_.�3 weu ue<r.a wx:rc KIPS IM, rstee '. .,r�•a•f�—._•. bin 27 pierce road.Salem,ma 9 _Q do ms o �cvd - enc"s a�.e naaic 1 �palivuean Njnnni �Sna�e �[ Alp I Vic r�+�:' ei.}`�fl �"" w( � �'.�:e4 «�' "��+"`�r .��af� ��• 4 ��f-+zY �r a+.r a�.,v". ys_ <�y�{*: j� �* y� a �y� �Y�ye _. � y yj��y(f� µµ,,Vi a✓ y as �" ti4 Y•i . '. f \ -y' SY1 �y • 1' ��. r � • �• n r rx • n . i v �9 t M r j a , a T C` yam•- ^'� a � � � y � 67 MM F C R wv,M�.blfg.comim%iDaj+r.,0'�Y dy.A�$Hr lz�'. 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STid�•.>, hE_'CthiC-i�aT�.,fi�Ic.LH21`�c_Ji Y.t?3TIY-�v��-I_�"111.N(,11d�Cd.� V�'��"�V M1JhF�tv_,�n uS ill iy'_vSlyJff.Ehru.,,�U:kP.— - NrtU .MIll VNCAM1 'IMP$ 101, IMPS bind 27 Pierce road,Salem,ma Q s' ^'^' O P. - Birds pva taMc 1� OFOscreen gPnm []Share i } f f s I Aw Al •_ a ` n f N, y96d h in' x ^ C w Y CITY OF SALEM CONSERVATION COMMISSION SITE VISIT ORW PROJECT LOCATION: DATE OF SITE VISIT PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: IN ATTENDANCE: Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: 4/40 A, ice_ IV • SITE VISIT.PURPOSE: SITE_VISIT_DOCUMENTATION- ❑Photos ❑ Site Map ❑Other: 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. R/E�COMMENDATIONS: p Massachusetts Department of Environmental Protection Provided by MaeWEP: \ Bureau of Resource Protection -Wetlands 64-563 O - WPA Form 5 - Order of Conditions MessDEP Fie Massachusetts Wetlands Protection Act M.G.L c. 131, §40 eDEP Transaction Salem Crty/ravn G. Recording Information Prior to commencement of work,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 this page shall be submitted to the Conservation Commission listed below. Conservation Commtsslon ' Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------- To: �y .ti Conservation Commission Please be advised that the Order of Conditions for the Project at Z7 Pluck fic.) 6y--56.3 Project Location MasaDFP File Nwnber I Has been recorded at the Registry of Deeds of: rStcxS, 3V2'zo �(US for County C /k,V('m S,.k.,.� Book Page . Property Opener 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: ro / 2-�� Data II If recorded land, the instrument number identifying this transaction is: Insbumerd Nkonber If registered land,the document number identifying this transaction is: Docu nem Number /L L Signature ofSignature ofApplicantt wpafmm&. .rm.MMSM10 Paes12.112 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-563 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation-Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------- To: Conservation Commission /AMlNq*0 Please be advised that theyOrder of Conditions for the Project at: 2L 2 PI e-tit_C A..0nr0 C bq - 5 tol Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: -1 U rL SSrG � 3TZZ.� r� � CountyBook Page C_t.1`X1y fbtil V , W4 -*,44j t'. for: Property Owner and has been noted in the chain of title of the affected property in: 11�.S o 'S .Book Page A M�r+Db/1 In accordance with th0brder of Conditions issued on: 17 Date If recorded land, the instrument number identifying this transaction is: 14` L Instrument Number If registered land, the documonu eridentifying this transaction is: Document Number Signature of Applicant wpaform5.dcc• rev.05/19/2070 Peg.12 of 12 /la�p'JhlTgq q, CITY OF SALEM CONSERVATION COMMISSION SITE VISIT FORM PROJECT LOCATION: DATE OF SITE VISIT• PROJECT PROPONENT: �"� DEP FILE NUMBER: PROPOSED WORK: UnLx-k- V x ut6A 1 Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: Photos ❑ Site Map El Other: °OBSERVATIONS': a ': : . m' 1M 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. ME J s 03.01 q CITY OF SALEM CONSERVATION COMMISSION SITE VISI FORM PROJECT LOCATION: ` DATE OF SITE VISIT• PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: IN AITENDANE'' Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: :n° x vi 4 - •r ❑Photos ❑ Site Map ❑Other: Q�SERYATIOi�IS'!N 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, possibl vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent hand uses. X� lam\ n • �coyotr`9Ad� Fe� .. �E ` '�? CITY OF SALEM -=- CONSERVATION COMMISSION �arnrya��' SITE VISIT FORM PROJECT LOCATION: DATE OF SITE VISIT• w/ PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: IN ATTENDANCE:,:: Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: • ITE,Y_I$LT_PURPgSE s ' ;,..,.. a ::, ,.,;�t+ -,: ;::, . �:,_._ ❑Photos ❑ Site Map ❑Other: ��OBSERifATIONSn '. i 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. �Ude a d� �w � S �.� �'a�g • l�>� �„_.�i �i.�rts �, nes �° CITY OF SALEM CONSERVATION COMMISSION SITE VISITFO PROJECT LOCATION: �s—� DATE OF SITE VISIT Z14 PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: Commission Members/Agen Abutters: Applicant/Property Owner/Representative: C • �SITE;VIS.ITPURPOSE:: ,,f;..M, *�:, �' ,v. _ �,�i'"' 4,:«�=� =n ❑Photos ❑ Site Map ❑Other: 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. �tEC MMENDATIONS. + . "I'aw � SC-1 ss CITY OF SALEM , - CONSERVATION COMMISSION December 12, 2014 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Updated notice of non-compliance—DEP #64-563-27 Pierce Road Dear Mr. Patrowicz: Thank you for attending the December 11, 2014 Conservation Commission meeting to discuss the matter of the above-referenced property's noncompliance with an Order of Conditions, DEP #64-563. As I note in my December 2, 2014 letter to you, the deviations include, but may not be limited to: 1. Substantially different grading in the northeast area of the site, including construction of a boulder retaining wall. 2. Installation of an asphalt area for vehicles to turnaround where only crushed stone was approved. I also note in my December 2"d letter that these deviations from the approved plan bring the project out of compliance with conditions 13 and 14 of DEP WPA Form 5 (Order of Conditions) and conditions 3, 14, and 15 of the Attachment to Order of Conditions. At the December 11 meeting, the Commission determined that in order to resolve this project's non-compliance with its Order of Conditions, the Order must be amended prior to commencement of further work on the site. Please be advised that per the Wetlands Protection Act, MGL c.131§40, and Salem's Wetlands Protection& Conservation Ordinance, c.50, failure to comply with an order of conditions may result in fines up to $200 per violation,per day. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent 1 CC: Beth Rennard, City Solicitor DEP Northeast Regional Office Charles A. Smith Clayton W. and Jean L. Smith 2