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64-619 - 9 HARBORVIEW TERRACE - CONSERVATION COMMISSION r 1 yt CITY OF SALEM CONSERVATION COMMISSION October 16, 2017 Scott Maxwell 9 Harbor View Terrace Salem, MA 01970 Re: Amended Order of Conditions—DEP#64-619-9 Harbor View Terrace Dear Mr. Maxwell: Enclosed, please find the amended Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and attachments must be recorded at the South 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#64-619 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, ley Green Conservation Agent Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rown A. General Information Plane note: Salem eform has 1. From: beenmodified Conservation Commission Veen 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 Scott Maxwell Important: a.First Name b. Last Name When filling out forms on c.Organization the 9 Harbor View Terrace computer, use only the d.Mailing Address tab key to Salem MA 01970 move your e.City/rown f.State g.Zip Code cursor-do not use the 4, Property Owner(if different from applicant): re�tulrnn k�eyl. ( a.First Name b.Last Name ICI c.Organization d.Mailing Address e.Cityrrown I.State g.Zip Code s. Project Location: 9 Harbor View Terrace Salem a.Street Address b.City/Town 32 377 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d m s it m s d.Latitude e.Longitude wpafwm5.dm• rev.6/16/2015 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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) 4768 163 c.Book d.Page 7. Dates: 10/5/2017 10/12/2017 10/16/2017 a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. 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 1. 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. wpafo 5.doc• rev.6116/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown 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.c/y dredged f.cry dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage ecubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ 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 g. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet j.square feet wpalarm5. m- rev.6116/2015 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cityrrovm B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. [-I Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cty dredged d.dy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 362 362 cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunescu 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. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 19. ❑ 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.cly dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet j.square feet wp rm5.d.• rev.6/16/2015 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cilyrrown B. Findings (cont.) project 3. the 23. [--] Restoration/Enhancement the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 24. ❑ 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 BA 7.c(Salt The following conditions are only applicable to Approved projects. .1 .c Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 Y 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 ears from the date of this P Y 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 specked 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 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 4/26/2019 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. wpaform5.d.• rev.6/18/2015 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - WetlandsMassDEP File#64-619 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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 64-619 " 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. w aforrn&dm• rev.6/16/2015 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-619 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 19. The work associated with this Order(the"Project") (1)❑ is subject to the Massachusetts Stormwater Standards (2)® is NOT 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; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; v alorm5.dm• rev.6/16/2015 Page 7 M 12 l Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransadon# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. wyaform5.dm• rev.6/16/2015 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem CityrFown 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 wildlffe passage. Special Conditions(if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaf0=5.dM• rev.6/16/2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 - Order of Conditions MassDEP File# 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 &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 conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance vrpaform5.dw• rev.6/16/2015 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 I� 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 This Order is valid for three years, unless otherwise specified as a special (0 condition pursuant to General Conditions#4,from the date of issuance. t.Datb of I suance Please indicate the number of members who will sign this form. 0 This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office,if not ectronically,and the property owner, if different from applicant. Signatures: ❑ by hand delivery on Ef/by certified mail, return receipt requested,b o I�- 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 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. wpaform5.d.- re v.6/1612015 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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 wparorm5.doc- rev.6/1612015 Page 12 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.Cityrrown,Zip c.Check number d.Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) VQ 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance(Form 6)): rtnm Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 wpafwm5.d.• rev.4/12/2015 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed.To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. 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. wyaform5.dm• mv.412212015 Page 2 of 2 Attachment to Amended Order of Conditions # 64-619 €� Page 1 of 6 a ATTACHMENT TO AMENDED ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-619 9 Harbor View Terrace City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Veinal Pools Map(4/7/2016, 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 contain any vernal pools. This Order permits the construction of a gangway and float per 3/15/2016 Notice of Intent, Approved plans, and the following conditions. ADDITIONAL FINDINGS This Order is amended per October 5,2017 request approved at the October 12,2017 meeting of the Salem Conservation Commission. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 6 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#64-619 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)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Amended Order of Conditions # 64-619 Page 2 of 6 Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) 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 plans.Where the originally approved and amended plans conflict,the amended plans shall rule. Amended Plans Ch 91 diagram 1 &2 —9 Harbor View Terrace—Proposed Pier, Gangway&Float (Title) 8/15/2017 (Dated) (Signed and Stamped 6y) City of Salem Conservation Commission (On file with) Amended Plans Overview and changes to the original plan for Pier/gangway/floating dock at 9 Harborview Terrace(including all materials therein) Attachment to Amended Order of Conditions # 64619 Page 3 of 6 (Title) 10/5/2017 (Dated) (Signed and Stamped by) City of Salem Conservation Commission (On file with) Originally Approved Plans MAINTAIN EXISTING PIER & INSTALL ALUM. GANGWAY & FLOAT IN SALEM HARBOR; SCOTT MAXWELL(sheets 1 & 2) (Title) 3/25/2016 (Dated) Milton Fistel (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. r ,7y Attachment to Amended Order of Conditions # 64-619 4�f Page 4 of 6 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 and sediment controls stored onsite for emergency 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 straw 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. a Attachment to Amended Order of Conditions # 64-619 Page 5 of 6 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, strawbale 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 fust 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. Attachment to Amended Order of Conditions # 64-619 I Page 6 of 6 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 41. CSn4pletin eemments &em the April 12, 2016 let4eF from t, Massaehuse#s Division f MaFiffe Fisheriest, 9ftleffi COffse"vOtiOR GOffifflissien. Speeifieally,the revised Plan must aehieve at least 18"efeleammee between the a a Fffudilats eA low tide .trait.:__vitt°__files with a__' steps, or_,-_d_ 45. Prior to construction,the applicant shall complete all applicable permitting requirements under Chapter 91,the Massachusetts Public Waterfront Act. 46. Applicant must maintain at least 18"of clearance between the float and mudflats at low tide utilizing skids, float stops,or feet. If feet are used,a base must be used of 12"x 12"at the bottom of each foot. PERPETUAL CONDITIONS 47. In the event that the float is removed, it shall not be stored seaward of the seawall. e NOI Status Sheet Address: ( ✓�u c✓ ��'"�Q DEP #: 6 t( — �� U4—L12 M Application Type: o� ' Date Submitted: �✓ l6 Contact Name: 3, Phone: Proposed activity: �4 lication Complete Correct Fee Received 4Xbutters List Requested Rie(ceived Leegal Ad SentI„egal Ad Confirmed 'online madded to Agenda `/Agenda to Applicant .Agent Comments to Commission DEP Comments Hearing Opened: /yContinued: ate Visit: Abutters Notice Confirmed Permit Sent to Applicant and DEP "Confirmation of Delivery Expiration date added to calendar Added to database Applicant Recorded OoC with Registry Preconstruction Meeting: Certificate of Compliance Sent to Applicant and DEP Confirmation of Delivery Applicant Recorded CoC with Registry Notes: c� U y, H:\CON COMMUdministm ive\project status sheet\NOI status sheet 2012-12-27.doc 4, Ashley Green From: Carr, Jillian (FWE) <jiIlia n.carr@state.ma.us> Sent: Friday, September 29, 2017 12:37 PM To: Ashley Green Subject: RE: 9 Harbor View Terrace Float Follow Up Flag: Follow up Flag Status: Flagged Hi Ashley, I still do not understand the functional benefit of the new design.There is an existing pier onsite that goes out 12'. Installing a gangway and float to extend 44' northeast of the existing pier, parallel to shore instead of perpendicular, still puts the new float at the same depth and the float is a relatively similar size as the existing pier. Why not tie a boat up to the existing pier?The impact of new structures does not seem justifiable, since the project will not achieve access to deeper water which is the purpose and function of a gangway and float system. If this project is permitted as proposed, the use of feet instead of skids or float stops is OK. However, the feet need to have something with a larger surface area at the base (ie. think: dinner plate or smaller)to keep them from sinking in the mud which can generate turbidity, compact sediment and create scour.The proposal to "move rocks' under the feet is not advisable as it creates a permanent habitat conversion of mudflat. Using bases on the feet is still an impact, but it is temporary in nature only during low tide. Jill Jillian Carr MA Division of Marine Fisheries Annisquam River Field Station 30 Emerson Ave Gloucester,MA 01930 (978)282-0308 x108 (617)727-3337 fax MorineFisheries Find us on twitter YouTube, and flickr From: Ashley Green [mailto:agreen@Salem.com] Sent: Monday, September 25, 2017 8:39 AM To: Carr, Jillian (FWE) Subject: RE: 9 Harbor View Terrace Float Hi Jill, Are you satisfied with the applicant's response? Or do you need more details? He wants to make sure DMF has approved the plans prior to his hearing with the ConCom on October 12th Thank you, Ashley 1 7 Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning &Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F)978-740-0404 agreen(a)salem.com I www.salem.com From: Ashley Green Sent: Wednesday, September 06, 2017 9:03 AM To: 'Carr, Jillian (FWE)' Subject: RE: 9 Harbor View Terrace Float Hi Jill, I received the following response to your questions: "The seafloor in that location is a mix of mud and rock. We would move rock to the location of the feet impact if a rock is not already there.The impact would be during low tide only. With feet,the physical dimension of the material touching the seafloor is reduced when compared to skids.This was the recommendation from J&L Welding and Smith Marine who have installed feet many times.With float stops,the stop itself is new engineering, more complex and has unknown maintenance and longevity. Per comments from 1&L Welding and Smith Marine." Also, the orientation changed during the Chapter 91 process due to feedback from his next door neighbor.There was an issue with property lines. Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F)978-740-0404 agreen(cilsalem.com I www.salem.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records.Pik11 please refer,to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. From: Carr, Jillian (FWE) [mailto:iillian.carr(alstate.ma.us] Sent: Friday, September 01, 2017 9:59 AM To: Ashley Green Subject: RE: 9 Harbor View Terrace Float Hi Ashley, I'm a bit confused about what is being proposed in the PDF file titled "NewPlan".These plans show piles with float- stops, not feet, to maintain the 18". More detail is needed on what is proposed. The applicant should specify if impacts to the mudflat will be permanent (i.e. piles, or rock placed as landing pads for feet) or if impacts will be temporary (i.e. low tide only) and/or seasonal. 2 l ti- �f• I'm also unclear on why the orientation of the float has changed. The new orientation appears to provide even less access to deeper water. Jill Jillian Carr MA Division of Marine Fisheries Annisquarn River Field Station 30 Emerson Ave Gloucester,MA 01930 (978)282-0308 x108 (617)727-3337 fax MarineFisheries Find us on twitter, YouTube, and flickr From: Ashley Green [mailto:agreen(cbSalem com] Sent: Wednesday, August 30, 2017 11:52 AM To: Carr, Jillian (FWE) Subject: 9 Harbor View Terrace Float Hi Jill, Mr. Maxwell, the applicant for DEP#64-619, recently received his Chapter 91 license for his project to replace and expand a floating dock. During the Chpt 91 process, some changes were made to the plan.We are having him amend his original NOI and go through the process again (same DEP number) and would like to solicit your feedback on the changes. The primary changes include: 1) Extending the existing pier 5'x10' 2) Using feet rather than float stops or skids which he describes as: "For the legs we usually offer an Aluminum 5" Box Tube sleeve welded into the frame of the float on each corner and for a 20'float an additional two on Center(six in total)" As our Order specifically lists float stops or skids, I wanted to see DMF's opinion on using feet instead. He was told that these have less of an impact, but I am not familiar with them. He did say they would be placed on rock, not mud, and there will be at least 18" of clearance. Thank you in advance for your feedback. -Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning &Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F)978-740-0404 agreen(a)salem.com I www.salem.com 3 Overview and changes to the original plan for Pier/gangway/floating dock at 9 Harborview Terrace Scott Maxwell & Antonella Stellacci Overview: Change the original existing pier 10'x12'(2 piles)and floating dock 10'x15' (anchored)that extended perpendicular with a 10'x17' pier(4 piles)and 12'x20'floating dock that will have 4 piles and 'feet'to keep it 18"above the seabed and positioned parallel to the seawall. Changes from original ConCom Order of Conditions from current Proposal: 1. Perpendicular to the seawall 4 parallel to the seawall (property boundary issue)Original gangway and float cut into the shared property water space with neighbor 2. Helix mooring 4Float Stop/Skid --> 'feet' (on rock or add wider base) ("For the legs We usually offer an Aluminum 5" Box Tube sleeve welded into the frame of the float on each corner and for a 20' float an additional two on Center(six in total).Your installing crew would put in the pressure treated wood legs") DMF originally stipulated Float Stop/Skid but recently OK'd 'Feet' 3. Add 5 feet in length to the pier to accommodate gangway going parallel to the seawall 4. Add 2 piles to the very end of the pier for stability 5. Gangway reduced in length from 30'to 24' Order of conditions from the April 2016 : Additional Conditions 43. Construction may not commence before the Conservation Agent approves a revised plan addressing comments from the Aprrl 12,2016 letter from the Massachusetts Division of Marine Fisheries to the Salem Conservation Commission. Specifically, the revised plan must achieve at least 18"of clearance between the float and mudflats at low tide, utilizing either piles with float stops, or skids. (Both Smith Marine and J&L Welding recommended Yeet'instead of Woat stops'due to complexity, design and longevity issues.) 44. The final location of the float and gangway may be adjusted as necessary to avoid crossing the properly boundary. (This resulted in the perpendicular gangwayVloating dock being adjusted to be parallel to the seawall after consultation with neighbor, David Pabich.) 455. Prior to construction,the applicant shall complete all applicable permitting requirements under Chapter 91,the Massachusetts Public Waterfront Act. (approved June and signed August 15M#14423) Attached Documents: 1. Ch 91 diagram 1 with additional 2 piles shown in orange 2. Ch 91 diagram 2 with New pile and 'feet shown in orange p� CM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions, Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan — Sample Template s License No. 14413 N y D d b A 4, i Approved Dep k n of Environm� a Protection Oei�b;L'tt Wy'. _ n Date: 3 i(;17 �I i�nlhv7 V lz..J � CALAL-L- G A W A L t.- T hi ev 5 a wn,i 'cxnh I - , hr toa tl iL !( I1 J 91 3 � J I NN L Li 5lG(e Purpose:Simplified Licensing Plan accompanying petition of: P roject Description: / Stott PL Cow4Lt Y`Ui O-K� Y YiEUiw T H ailJ Adjacent Property Owners: N«ii Lo,( U -c 1. c r�fU: Al tan,Vlea ln1C1�?LA In a,. e; At: j nt.0 yr 2. 2S' JaN\lN rre� :nni Countyof. ESSCY 3. State: PSA A 4. By applicant S c 0 Ae L i date: 3-i-Lr t'J. sheet: i of 7- w w 06 in.doc rev.08113 ` 111 8 � Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan – Sample Template PART 7 License No. J-qyg3 Approve y Department of a vironm tat Protection Date: L ML V 8.4i - -- --_=— — )Jew pc�� IOYIC�Z - c'-X r Farr-2 : fior- cwctti �z 4'`•�." �_� C�=------'{ .�-- feed �v �cee f Jr� U0.� - i— 1 Purpose:Simplified Licensing Plan accompanying petition of: Project Description: / Pic" ,L-rt�u Adjacent Property Owners: 9 (-(-c.r hoi Ut-c...-.Tt rl t 1. j kt cD In itch,,! At: Sale 2. County of: `c-SS ex, 3. -State: 4. By applicant 5 co(� date: 3 t�L2if sheet: `-of 2.. ww06 in.doc rev.08113 8 GSI � /^T— CENTRAL ARTERY/TUNNEL Page. 9 of Computation Sheet Made by �,5 5 Subject //� Date 1 vLJor Until TP Per Checked by .—%ee Date Ar Jo' F/oet�o,„e p'/E hoop62 •,c Tier ec r Wit; d ,y tar,.�c sf�ps off_._ �� Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 Charles D.Bakerr� ^ 1 /C Matthew A.Beaton Governor - t__ ,..o �/ G - Secretary Karyn E.Politor t� 1 8 2011 Martin Suuberg Lieutenant Governor p - Commissioner IN C aNNGB !��'��i i ;� 20117 COMi.,_„„ --VELOPMENT Scott Maxwell 9 Harbor View Terrace Salem, MA 01970 RE: Final License#14423; 9 Harbor View Terrace, Salem, MA; in and over flowed tidelands of Salem Harbor, Essex County. Dear Mr. Maxwell: The Department of Environmental Protection hereby issues the above-referenced Waterways license, enclosed, authorizing.Scott Maxwell to perform certain activities pursuant to M.G.L. c. 91, the Public Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license shall render this license void. No work shall be undertaken until the License 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. RECORDING OF THE LICENSE This License must be recorded at the Worcester District Registry of Deeds or, if registered land, with the Land Registration Office within sixty (60) days from the date of license issuance. In the case of recorded land, the License shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the project is located. In the case of the registered land, the License shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the project is located. Failure to record this license within sixty (60) days of the date of issuance will render this license void pursuant to 310 CMR 9.18. A Waterways License Recordation Notice Form has been enclosed for your use in notifying the Department of the recording information for this License. Failure to notify the Department of the recording of this license is a violation of 310 CMR 9.00 and is subiect to enforcement action by the Department. This information is available In alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-5751. TTY#MassRelay service 1-800-439-2370 ManDEP Website:v ,Mass.gov/dep Printed on Recycied Paper Waterways License#14423 9 Harbor View Terrace Salem, Essex County CERTIFICATE OF COMPLIANCE Pursuant to 310 CMR 9.19, once the licensed project is complete, the Licensee must file a Request for a Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event later than five (5) years from the License's issuance date. The license for any project for which such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26. Please feel free to contact Ivan Morales of the Waterways Regulation Program at (617)292-5560 or at Ivan.Morales(o)state.ma.us, if you have any questions pertaining to the recording of your Waterways license. Sincerel k4LynA-- Program Chief Waterways Regulation Program Cc: Mayor Kim Driscoll, City of Salem Salem Conservation Commission (DEP #64-619) Salem Planning Board Salem Harbormaster Enclosure(s): Waterways License# 14423 Notification of Waterways License Recordation form The Commonweafth Of Wassachusetts S r' No. MassDEP USE ONLY V-1g23 SIMPLIFIED LICENSE BRP WW06 Applicant must fill in pages 1 and 2 of this license. Scott Maxwell of the Town/City of: Salem in: Essex Applicants name - TowNcily County County and Commonwealth aforesaid, has applied to the Department of Environmental Protection for a Simplified License to: Please check. ®maintain an existing (pre-1984): ®construct a proposed or maintain an existing (post-1984): Please check all that apply below: Please check all that apply below: ❑ pier/dock ® pier/dock ❑ boat ramp . ❑ ramp ❑ ramp ® float(s) ❑float(s) ® pile(s) ❑ pile(s) ❑ boat lift ❑ boat lift ❑ pile-supported boat house ❑ boat house ❑other ❑ retaining wall/seawall ❑ bulkhead ❑ rip rap/stone revetment ❑groin(s) ❑ Nonwater-dependent(NWD) residence ❑ other and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the[Please check one:] .❑ Board of Selectmen® Mayor and City Council, of the Town/City of: Salem TowNcity NOW,said Department, having heard all.parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses said Licensee, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to: Please check all that apply: Please check all that apply: ® maintain existing structure(s)for: ® construct and maintain structure(s)for: ® non commercial docking/access to navigable water ® noncommercial docking/access to navigable water ❑ shoreline stabilization ❑ other ❑ residential, NWD building ❑other in and over the waters of: Salem Harbor in the Town/City of: Salem Waterxay Town/City and in accordan with the locations shown and details indicated on the accompanying License Sketch Plan No.MassDEP USE 6NLY�-5 (total number of Sheet(s): FOR'ManDEP.USE ONLY ) 1 License#DEP USE ONLY 11413 Page 2 The total area of the combined structures, measured below mean/ordinary high water shall be no greater than a total of 600 square feet for proposed water-dependent structures,or for structures built or substantially altered after January 1, 1984 without any fill. For structures or fill constructed prior to January 1, 1984 and not substantially altered since that date: any structures and fill,either water-dependent or nonwater-dependent,total no more than 600 square feet. In both instances structure is not a marina(i.e. does not serve ten or more vessels). Dimensions of all structures are shown on the accompanying plan(s). "I hereby make application for a License to authorize the activities 1 have described herein. Upon my signature, I agree to allow the duly authorized representative of the Massachusetts Department of Environmental Protection to enter upon the premises of the project site at reasonable times for the purpose of inspection. I hereby certify that the information submitted in this document is true and accurate to the best of my knowledge. And, upon my signature, that I have read the License and conditions and agree to the terms and conditions set forth herein." BOX A: Scott Maxwell Print Name 9 Harbor View Terrace Mailing Address Salem Cityfrown(not village) Salem MA Essex state Zip Code County 978-314-2288 smaxwell@expressotech com (area code)telephone a-mail Notification: Your signature to the right certifies that 3 -( _Za i T you have notified the entities as checked off in the L boxes below. ignatur V of aplicant Date Notification of application has been provided to: (please ®Local Conservation Commission ❑Board of Selectman ❑Mayor and City Council check) ❑Zoning Authority ❑Planning Board and has been sent by certified mail to:(please check) ®Abutters ❑Interested Parties ❑Landowner(if not applicant) BOX B: If site address is different from mailing address: Site Address of the structures Cityfrown state Zip Code County BOX C: If the applicant is different than the owner: Owner Engineer/Agent NOTE: This License is not valid until such time as it has been numbered and signed by the appropriate State officials (see page 5)and recorded at the Registry of Deeds. License#DEP ,SE oNLY Page 3 USE: The structures authorized herein shall be for private non-commercial use of the licensee. The structures shall not be used for commercial purposes, leased, rented or otherwise let for compensation. Any change in use shall require an amendment to this license by the Department. The structures authorized herein shall be limited to the following uses: noncommercial docking and boating access to navigable waters. TERM: This License.will expire fifteen (15) years from the date of License issuance. By written request of the Licensee for an amendment, the Department may grant a renewal for the term of years not to exceed that authorized in the original license. WATERWAYS CONDITIONS: 1.ACCESS: In accordance with any License condition, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks" or"below the ordinary high water mark", the Licensee shall allow the public in the exercise of such rights to pass freely over, under or around all structures within such (intertidal)area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the easterly/westerly or northerly/southerly sides of the pier/dock, authorized herein or at each property line, adjacent to the high water shoreline. Said signs shall comply with the Department's signage guidelines (see instructions) and shall be posted immediately upon license issuance or completion of construction. Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said structure(s) or property not intended for lateral passage. In partial compensation for the private use of structures and/or fill on tidelands and/or private tidelands and/or Great Ponds which interferes with the rights of the public to use such lands, the Licensee shall allow the public to pass on foot, for any purpose and from dawn to dusk, within the area of the subject property lying seaward of the high water mark or, for Great Ponds within the public access way delineated on the License plan/or within 5 feet of the ordinary high water shoreline. This condition shall not be construed to prevent the Licensee from taking reasonable measures to discourage unlawful activity by users of the area intended for public passage, including but not limited to trespassing on adjacent private areas and deposit of refuse of any kind or nature in the water or on the shore. Further, the exercise by the public of free on-foot passage in accordance with this condition shall be considered a permitted use to which the limited liability provisions of M.G.L. c.21, s17c shall apply. 2. This License authorizes structure(s)and/or fill on: _ FOR(MassDEP:USE ONLY In accordance with the public easement that exists by law on private J tidelands, the Licensee shall allow the public to use and to pass freely upon tom/ Private Tidelands the area of the subject property lying between the high and low water marks,for the purposes of fishing, fowling, navigation, strolling and the natural derivatives thereof. The Licensee shall not restrict the public's right to use and to pass freely, ❑ Commonwealth Tidelands for any lawful purpose, upon lands lying seaward of the low water mark. The Commonwealth holds said lands in trust for the benefit of the public. El Great Pond The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. The Licensee shall not restrict the public's right to use and to pass freely, ❑ Navigable River or Stream for any lawful purpose, in the waterway. 3. Unless otherwise expressly provided by this license, the Licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. License#DEP usE'oNLY 14`113 Page 4 4. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 5. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This License may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 6.The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein. 7. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner(s)thereof. 8. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to G.L. Chapter 131, s.40,the Wetlands Protection Act. CONSTRUCTION: 9a. The project shall not significantly interfere with littoral or riparian property owners' rights to access and egress their property from the waterway. All structures shall be set back, at a minimum, at least twenty-five(25) feet from abutting property lines, where feasible. 9b. Structures shall not extend beyond the length of existing piers used for similar purposes; in no case shall the length extend more than %of the way across a water body and shall conform to the square footage requirements as stated in Construction Condition 9a. 9c. Within areas of salt marsh, structures shall be constructed with a minimum height of 4 feet above ground level measured from the bottom of the stringer, and maximum width of 4 feet, or at a 1:1 ratio so as not to have an adverse impact on the salt marsh or aquatic vegetation. Whereas, the width of the pier maybe equal to but not greater than the height. Any ladders shall be constructed of durable materials, shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate railings extending above the pier/dock decking in order to facilitate safe passage. 9d. When removed, all seasonal structures shall be stored landward of the mean or ordinary high water shoreline, vegetated wetlands, dunes and all wetland resource areas. Said storage shall be in conformance with any applicable local, state or federal requirements. 9e. The float(s) shall be constructed with an appropriate number of piles/pipes, legs or stop blocks attached to the float structural elements in order to maintain at least 24 inches of clearance off the bottom at extreme low tides. 9f. All work authorized herein shall be completed within five (5) years of the date of License issuance. Said construction period may be extended by the Department for one or more one year periods without public notice, provided that the Applicant submits to the Department, thirty (30) days prior to the expiration of said construction period, a written request to extend the period and provides an adequate justification for said extension. DOCKING OF VESSELS: 10a. Motorized vessels shall be moored stern seaward of the float and shall have a draft no greater than that which provides a minimum of one foot clearance from the bottom at extreme low water. Where eelgrass is present, vessels shall not have any adverse affects on eelgrass in the area. License#DEE USE oNLi' 1410-?) Page 5 . 10b. Vessels shall be moored such that they do not become grounded at any tide. 10c. No dredging (including, but not limited to effects of prop wash) is permitted herein. 10d. No boat moored at any dock may block or unduly impede navigation within the waterway or the use of any adjacent dock. COMPLIANCE The Licensee, within sixty(60) days of completion of the licensed project, shall submit a written statement to the Department that the project has been completed in substantial conformance with the conditions and plans of said license, or a copy of the Certificate of Compliance for this project issued pursuant to the Wetlands Protection Act(if the project was previously issued an Order of Conditions or Superseding Order of Conditions under said Act). This License shall be void unless the License and the accompanying plan(s)are recorded within 60 days from the date hereof, in the Registry of Deeds for the said County. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. This License is granted upon the express condition that any and all other applicable authorizations required due to the provisions hereof shall be secured by the Licensee pElgf to the commencement of any activity of use authorized pursuant to this License. F.Ok MassDERUSE ONLY: THE COMMONWEALTH OF MASSACHUSETTS IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands on this 151-b day of August in the year 2017 date month year -G6RYgISS1008C / v Department of Program Chief Environmental al Protection THE COMMONWEALTH OF MASSACHUSETTS This License is approved in consideration of the payment into the treasury of the Commonwealth by said— of the further sum of dollars and zero cents ($ .00) Applicant Amount The amount determined by the Governor as a just and equitable charge for fights and privileges hereby granted in the land of the Commonwealth. Boston Approved by the Governor. -6everaeF- Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan — Sample Template s License No. 14913 J J �; d Approved by Department,of nyjronmental Protection g i}a(to;U:e J = Date: v til" 9 4c lik'I U t1'.-J Cit WA t_(., 7S �EA WALL- . r i �IC✓ S A -WA�t 40 G� w Al4mir a } II I t .) I ( � clod}. �12 I 0 1. S 3 ` AALW 5CCp(e r `. - tot Purpose:Simplified Licensing Plan accompanying petition of: Project Description: Adjacent Property Owners: rk t1«otndU i Tts� 1A OR.u•.� 0�17it-11 c In ar d,- At: Rlr V� ,, A( t� [1N4 Cn1�l�1D 2. 2r 7ohv< Tredrnw Countyof: Essex 3. State: tom\A 4. By applicant 510 Ct N\ w4 L i date: 3 i Zo t I sheet: t of 2 ww06 in.doc rev.08/13 8 ,s¢oxnrr' CITY OF SALEM CONSERVATION COMMISSION April 26, 2016 Scott Maxwell 9 Harbor View Terrace Salem, MA 01970 Re: Order of Conditions—DEP #64-619-9 Harbor View Terrace Dear Mr. Maxwell: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and the attachedment must be recorded at the South 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#64-619 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, m Devine Conservation Agent Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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 farm has 1. From: been modifiedConservation Commission with added 2. This issuance is for spaceto a. ®Order of Conditions b. ❑ Amended Order of Conditions. accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements - t Scott Maxwell Important: a.First Name b. Last Name When filling out forms on c.Organization the 9 Harbor View Terrace computer, - d. Mailing Address use only the tab key to Salem MA 01970 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. � a. First Name b. Last Name c.Organization renvn d. Mailing Address e. Citylrown f.State g.Zip Code 5. Project Location: 9 Harbor View Terrace Salem a.Street Address b. City/Town 32 377 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d m S d m s d. Latitude e.Longitude wparorm5.doc- mv.6/16M15 Page 1 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 f WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# 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) 4768 163 c.Book d.Page 3/15/2016 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance 8. 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 1. 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. wpaform5.doc• rev.61162015 Page 2 o 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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. linea (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.c/y dredged f.Gy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage ecubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ 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 a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet j.square feet wpaform5.dac- rev.6/162015 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 eDEP Transaction# Salem City/Town j B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas Indicate size under Land Under,the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.rly dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ® Coastal Beaches 240 240 cu yd cu yd 13. a.square feet b.square feet c. nourishment d.nourishment cu yd cu yd 14. El Coastal Dunes 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. ❑ Salt Marshes - a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.c/y dredged d.c/y 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.c/y dredged b.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h,square feet i. square feet j.square feet wpaform5.doc• rev.6/1 612 01 5 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 r 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 (oont.) p o2ect is for 3.If the 23. ❑ Restoration/Enhancement*: the purpose of restoring or enhancing a W a.square feet of BVb.square feet of salt marsh wetland resource area 24. ❑ 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)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 regulatory measures, shall be deemed cause to revoke or modify this Order. the additional 9 rY 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 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 4/26/2019 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. wpaform5.doc• rev.6/162015 Page 5 of 12 it Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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 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. 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, . t "Massachusetts Department of Environmental Protection' [or, "MassDEP] "File Number 64-619 " 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. wpaform5.dcc• rev.6/16=6 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 19. The work associated with this Order(the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT 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; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5.doc• rev.6/1&2015 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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.) 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. 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. w aform5.doc• rev.6/16/2015 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# 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. 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): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.doc• mv,611612015 ` Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# 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 & 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 conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance vvpaform5.doc• rev.6116/2015 Page 10 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands Cc/— I-/9 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# CityrFown 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. t ate of I suance on the computer, use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed by a majority of the Conservation Commission. 2.Num er of Signers cursor-do not use the return The Order must be mailed by certified mail (return receipt requested)or hand delivered to key the applicant.A copy must be mailed, hand delivered or filed electronically at the same time m with the appropriate MassDEP Regional Office. Signature . apa, 1 i ❑ by hand delivery on Erby certified mail, return receipt requested,on via . / 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 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. wpa5sigs.doc• rev.02/25/2010 Page LlotL�..- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 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 w albrrn&doc• rev.6/168015 Page 12 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/town,Zip c.Check number d. Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do CilyrTown State Zip Code not use the return key. Phone Number Fax Number(if applicable) VQ 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): renin Name Mailing Address Cityfrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation —Fee: $120 wpaform5.dcc• rev.422/2015 Pagel of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. 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. wpaform5.Eoc. rev.4/22/2015 Page 2of2 L Attachment to Order of Conditions # 64-619 �Yv Page 1 of 5 ATTACHMENT TO ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE #64-619 9 Harbor View Terrace City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (4/7/2016, online) from Natural Heritage & Endangered Species Program (NLIESP) 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 contain any veinal pools. This Order permits the construction of a gangway and float per 3/15/2016 Notice of Intent, Approved plans, and the following conditions. GENERAL CONDITIONS 1. 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#64-619 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)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. e Li Attachment to Order of Conditions# 64-619 Page 2 of 5 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) 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. IL 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 MAINTAIN EXISTING PIER & INSTALL ALUM. GANGWAY & FLOAT IN SALEM HARBOR; SCOTT MAXWELL (sheets 1 & 2) (Title) 3/25/2016 (Dated) Milton Fistel (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 Attachment to Order of Conditions # 64-619 Y Page 3 of 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 and sediment controls stored onsite for emergency 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 straw 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 Attachment to Order of Conditions # 64-619 `yam Ir Page 4 of 5 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, strawbale 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 6f 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; Attachment to Order of Conditions # 64-619 } Page 5 of 5 (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. Construction may not commence before the Conservation Agent approves a revised plan addressing comments from the April 12, 2016 letter from the Massachusetts Division of Marine Fisheries to the Salem Conservation Commission. Specifically, the revised plan must achieve at least 18"of clearance between the float and mudflats at low tide, utilizing either piles with float stops, or skids. 44. The final location of the float and gangway may be adjusted as necessary to avoid crossing the property boundary. 45. Prior to construction,the applicant shall complete all applicable permitting requirements under Chapter 91,the Massachusetts Public Waterfront Act. PERPETUAL CONDITIONS 46. In the event that the float is removed, it shall not be stored seaward of the seawall. CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for Scott Maxwell, 9 Harbor View Terrace, Salem MA. Purpose of hearing is to discuss proposed amendment to Order of Conditions (DEP #64-619)permitting the construction of gangway and float at 9 Harbor View Terrace within an area subject to the Wetlands Protection Act, MGL c.131§40 and Salem Wetlands Protection &Conservation Ordinance. Proposed changes include 2 additional piles, extension of an existing pier, and usage of feet rather than float stops or skids. Hearing will be held-10/12/17 at 6:30pm in the City Hall Annex, 3rd floor conference room, 120 Washington Street_- Salem News publication date: October 5, 2017 A deposit has been submitted from: Scott Maxwell 9 Harbor View Terrace Salem, MA 01970 - 978-314-2288 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan — Sample Template License No. Iq41' PAR,- �L Approved by Department of Environmental Protection Date: L M LW Q.0 YQ R� ii �,�ll CJ � Px�s�tv.5 Tr+rt� ¢ T FIA tLr2 fio �rlev ToP o� Pole. ta .v� I CC i /kms 9 l.v ,}l j i e 00, 2t,5� olo__m Purpose: Simplified Licensing Plan accompanying petition of: Project Description: ( jc a't'( il�c�.><wel ticncp�-ci P('" in Lt Adjacent Property Owners: 9 Hcyl, ,,, Utw Ctf� 1. at c E �.rt .mlyRO In i+ab,/ At: S a Z - County of: - 3 State: 4. By applicant 5 ca R 4 4 f l? dale:3 l Lm jl sheet: 2of Z w 06 in.doc rev.08/13 8 L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program -instructions, Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan — Sample Template t License No. 14913 C i{ / e ati i_2 '! Approved by Department of Environmental Protection Date: crT W AlL � t � i I 5C A 'w' Al.L- rjti ;>20 t f i �V s � �t !V � I V 1 2 G01 S ; r�Q Purpose: Simplified Licensing Plan accompanying petition of: Project Description: Adjacent Property Owners: of N,u�„ Q . ; -i t.:/ 1. c J.:.�..! i/a...�xi.�t AI eI" &V% fe10 �C, In e . At: v lR.lC11 2. 2S 7a4v. f;edlnn,. Countyof: tSSex 3. State: tom\A 4. By applicant S 143 tl L date: Z.t-2olI sheet: t of L ww08 in.doc rev.08/13 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program Instructions, Chapter 91 Simplified Waterways License Application Appendix C : Simplified License Plan — Sample Template p f� License No. 141`{13 ----- Approved by Department of Environmental Protection Date: Cie'C• 1i.�� i >- hl L fA .0 ui -_._._. - -"-----�.,..- .--,-- � _. ._ �,:�X�`'_tit t-jc �C V✓\ To( J..,arc•a Ij � _ .- �1,1 LTJ �G frl Ii 0#; I?cAC :1/' Purpose: Simplified Licensing Plan accompanying petition of: Project Description: y/ J[C.jj `ti0.T-�r-1il fli:"'<3fC 1"i�.� LX!L; tU.i i'�GCi I-. Adjacent Property Owners: 2. County of: `rSSrx 3. State: 4. By applicant )rc C'1 date: ," t 1u l~ sheet: hof wwo6 in.doc rev.08113 8 CENTRAL ARTERY/TUNNEL Page 3 Of Computation Sheet Made by Al.�Y: Subject 9 //ce4or v�-W Tpvl Date 8/n // /AC 8CB— hr✓� Checked by Date /0 4p Ar (glocks 7Q c�trCd 7t0 4""0" FeortFrolxc ��°r tZ.x 2O. �xkzzd p:c S FloaL� 'f 5�/O' G'xts/r pg P//e hoop /27-,04C A ` Exel�.no l0'.F/2' _ ru66� Con C. SPG?✓ec r_ J IV S-5 tar,. Sfe�S o s to lS 2J , SCaLe rn r ' I t i '-ef rc>l � AWWfibl+ -e,T\ftxd,n " s' ? whAA- 2 �� '� P, i-fs Ashley Green From: Scott Maxwell <smaxwell@expressotech.com> Sent: Thursday, August 24, 2017 1:47 PM To: Ashley Green Subject: RE: DEP#64-619 9 harbor view terrace Hi Ashley, The reply from J&L Welding is "For the legs We usually offer an Aluminum 5" Box Tube sleeve welded into the frame of the float on each corner and for a 20' float an additional two on Center(six in total) Your installing crew would put in the pressure treated wood legs " Thanks Scott Maxwell 978.314.2288 From:Ashley Green [mailto:aareen@Salem.com] Sent:Thursday,August 24,2017 11:57 AM To: smaxwell@expressotech.com Subject: RE: DEP#64-619 9 harbor view terrace Hi Scott, Thank you for the follow up. I'll talk with the Chair this evening and get back with you tomorrow morning. Can I get a bit more detail on the feet you are proposing to use instead of the float stops or skids (e.g. size, material). Thank you, Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F) 978-740-0404 agreen(a)salem.com I www.salem.com From: Scott Maxwell [mailto:smaxwell(&exoressotech.coml Sent: Wednesday, August 23, 2017 5:39 PM To: Ashley Green Cc: Tom Devine Subject: DEP #64-619 9 harbor view terrace Hi Ashley, It was good to meet you today. I wanted to just recap our conversation and to give my contact info. • Both the Order of conditions and the Ch91 license have been recorded at the Registry of Deeds on August 23rd, 2017 • After meeting with Smith Marine yesterday they mentioned wanting to add 2 more piles to the pier for structural integrity. Is this ok? (you mentioned talking with the chairman about this on Thursday) 1 • To be in compliance the bottom of the float needs to stay 18" above the seafloor.The reply from Division of Marine Fisheries mentioned either float stops or skids.AL Welding who do lots of floats recommended using feet which do essentially the same thing as the skids.You mentioned this sounded 'ok'.Can I have confirmation on that.Q The order of conditions with Salem Conservation had the gangway and float going straight out from the pier. The was changed for the Chapter 91, due to the feedback from my next door neighbor David Pabich about property lines and esthetics. David did speak with Tom at that time 1 cc'd Tom just in case he had any words since I had dealt with him a fair amount in 2016. Enjoy&thanks for your time Scott Maxwell 978.314.2288 9 Harbor View Terrace Salem, MA 01970 eXpresso Technologies, Inc. Mobile: 978.314.2288 Email: smaxwell@expressotech.com xpresiso. 2 ��coeotT;j�n� - �� CITY OF SALEM = 4CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Notice of Intent for Scott Maxwell, 9 Harbor View Terrace, Salem MA. Purpose of hearing is to discuss proposed construction of gangway and float at 9 Harbor View Terrace within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection& Conservation Ordinance. Hearing will be held 4/14/16 at 6:30pm in the City Hall Annex, 3rd floor conference room, 120 Washington St. Salem News publication date: April 7, 2016 A deposit has been submitted from: Scott Maxwell 9 Harbor View Terrace Salem, MA 01970 978-314-2288 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-619 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction At Salem CityfTown 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 he 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: Cr� r 4 Sal.Qvv, Conservation Commission Please be advised that the Order of Conditions for the Project at: teta 7e v r4 c-,e (v LI Project vocation MassDEP File Number Has been recorded at the Registry of Deeds of: SaLk-\-1.\ �- SSer, 3 �e122 SbC� County � Book Page for: 5 C o tt IAa.Kw2 Property Owner and has been noted in the chain of title of the affected property in: 3CQi22 $ (> Book Page In accordance with the Order of Conditions issued on: 14 -26 - 7101 (10 Date If recorded land, the instrument number identifying this transaction is: 399 Instrument Number If registered land, the document number identifying this transaction is: DocumepENumber Signat Ire df Applicant wpafonn5 ddc. rev.61162015 Page 12 of 12 �� - X14- zz8� Commonwealth ofMassachusetts Division of Marine Fisheries 30 Emerson Ave. Gloucester, MA 01930 If David E.Pierce (617)727-3336 Director fax (617)727-3337 Charles D. Baker Governor April 12,2016 Karyn E.Polito P Lieutenant Governor Matthew A.Beaton Salem Conservation Commission Secretary Salem City Hall George N.Peterson,Jr. Attn:Tom Devine tdevinegalem.com CommissionerMary-Lee King 93 Washington Street Deputy Commissioner Salem,MA 01970 Dear Commissioners: The Division of Marine Fisheries(MarineFisheries)has reviewed the Notice of Intent submitted by Scott Maxwell for the replacement and expansion of a floating dock at 9 Harbor View Terrace in Salem.The project will replace a 10'x15'floating dock with a new 12'x20'floating dock that will be secured to the existing pier and held in place by helix screw anchors. Salem Harbor provides essential forage habitat for a variety of fish and invertebrate species including but not limited to alewife(Alosa pseudoharengus),blueback herring(Alosa aestivalis),rainbow smelt(Osmerus mordox), American eel(Anguilla rostrata),white perch(Moron americana),Atlantic tomcod(Microgadus tomcod), Atlantic cod(Gadus morhua)and American lobster(Homarus americanus). It is also habitat for the forage, spawning,and early development of winter flounder(Pseudopleuronectes americanus). The project site contains intertidal habitat which may utilized by the above listed species for various life stages and behaviors, including spawning,egg and juvenile development,foraging activity and migratory transit.Furthermore,a shellfish suitability polygon,the State's formal shellfish habitat designation,is present within and adjacent to the project site. Soft shell clams(Mya arenaria), European oysters(Ostrea edulis)and blue mussels(Mytilus edulis)likely exist in the project footprint. The site is in Classification Area N18.1 and is prohibited from the harvest of shellfish.Even though harvest is not permitted in this location,the resource should be protected to avoid losing the multitude of ecosystem-wide functions and benefits that shellfish serve.Our recommendations are as follows: • For the protection of the fisheries resources listed above,structures should not be permitted to ground on the mudflat at any tide.We recommend at least 18"between the bottom-most part of the floating dock and the seafloor at low tide. • Due to the shallow nature of the site,we do not recommend the use of helical anchors,chains,or conservation moorings.Instead,piles with float stops should be used to anchor the dock and to achieve the 18"minimum height. Skids can also be considered if the height requirement can still be met,and if sediment is not muddy. Using skids in soft sediment can lead to sinking of the structure and increased impacts associated with the skids resuspending sediment with each tide. Thank you for considering our comments. Feel free to contact me with any questions about this review at 978- 282-0308 x108 or jillian.can(a7state.ma.us. Sincerely, ti Jillian Carr Fisheries Habitat Specialist and Technical Reviewer j �3r v,�-at^Pwa� UNITED STATES�P�OSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.6-10 • Sender: Please print your name, address, and ZIP+4 in this box Cr a.i&i V �f ` ✓ i i i i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si nature �) item 4 if Restricted Delivery is desired. r 1 /.. ❑ ant ■ Print your name and address on the reverse X (/(/"' ddressee so that we can return the card to you. B. c'V meant d Na Received by(Printed Na [me) C. Da of Del' ery a Attach this card to the back of the Tailpiece, S or on the front if space permits. Q Z. 1 1. Article Addressed to: Is delivery address different from item 17 ❑Yes ',� If YES,enter delivery address below: �o sem [ arQ-7v 3. RServni�ce..�Type �Eertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ArticieNumberi"` 7012 3050 _.0��1 2959 U543 r, (rmnsfer from service labs s. PS Form 3811,February 2004 Domestic Return Receipt 102595-02-10-1540 f USPSMCMG# � +�' _��I(It First-Class Meil 1 ' II9590IIIII9402III 1127 7196 0030 94 United States •Sender:Please print your name,address,and 7JP+4®in this box- Postal Service - - Salem Conservation Commission 120 Washington Street, 3rd Fl Salem, MA 01970 i ��—=w:;� .y i"�fV1;11liVn�IlilllV`iliY�l�;Ill;yflVli;Ili��i�;illi;IV�i�lil 1, l I SENDER: COMPLETE .i� ■ Complete Items 1,2,and 3. A. S X gnature IIIPrint your name and address on the reverse 0 Agent so that we ran return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. R eived b (P1n1beted Name) C. Date of Delivery or on the front if space permits. 7 v`.@K-Lt-,�C�1 1. Article Addressed to: D. Is delivery address different from item 17 0 Yes If YES,enter delivery address below: ❑No L gvc REC, E- [V `r OCT 20 2017 II I IIIIII III IIIIII III I II II III I III I IIIIII III ❑Ad@BI�ri9h7Pr4l.v I7 Y D E!e LO E1 Priority Mall Express ❑Regist,M I Expre ❑ It Signature Restricted Delivery Cl Registered Mail Restricted. 9590 9402 3271 7196 0030 94 ue nlned Mail® Delivery _ ❑Certified Mel Restricted Delivery ❑Retum Recelpt for ❑Collect an Delivery Merchandise 2.Article Number aiansfer from service label) ❑collect an Delivery Restricted Delivery ❑signature Confirmation^^ ❑Insured Mail 12 Signature Confirmaddh 701? 14 5 0 0 0 01 :51936 8 614 101Insured Mail Restricted Delivery Restricted Delivery over$500 ` Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I Tom Devine From: David Pabich <dpabich@salemrenewal.com> Sent: Tuesday,April 12, 2016 9:53 AM To: Tom Devine Subject: RE: 9 Harbor View Tom - Thank you for the plans. I am unable to attend Thursday's meeting-as such I would like to provide the following as public comment. We are generally in support of the Maxwell's proposal. I have one concern -there is no clear indication of where the float will be moored relative to the property lines. Both 8 and 9 Harbor View Terrace have rights to the low watermark of the adjacent mudflats. These rights are written in the deeds, but delineation is unclear. I presume the property boundaries in the mudflats honor the landward parcel boundaries, and are merely an extension of these lot lines seaward to the low water mark. We request a condition of approval be that the moorings and chains needed to keep the float in position be installed on the flats that are seaward of the Maxwell's seawall and not overlap onto our property. Aside from this request,we support the proposal. Thank you David Pabich, P.E. Manager Salem Renewal LLC www.salemrenewal.com (978) 979-9278 -----Original Message----- From:Tom Devine [mailto:tdevine@Salem.com] Sent:Tuesday,April 12, 2016 8:22 AM To: David Pabich <dpabichC@salemrenewal.com> Subject: RE:9 Harbor View Hi David, Plans are attached. Best, Tom Tom Devine,ACP I Senior Planner City of Salem Department of Planning&Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-5682 1 Fax: 978-740-0404 1 tdevine@salem.com -----Original Message----- 1 i From: David Pabich [mailto:dpabich@salemrenewal.com] Sent: Monday,April 11, 2016 6:27 PM To:Tom Devine Subject: 9 Harbor View Hi Tom- Hope this note finds you well. I can't recall when the public hearing is for 9 Harbor View, but I was wondering if you could email me the plans? I'm wondering how the float will be moored and if it will impact our property. Any insight would be great! David A. Pabich, P.E. Manager Salem Renewal LLC www.salemrenewal.com (978)979-9278 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. z i Iv- PAR Oak c1.'ateooil49s j p s ,gyLCtsn :baa . 9� . ?"; ,� srL Evq r'oN AnT,r Al l�BEj - 3 A!D TEN Tits v+lvz - �� 2 EYiJ!•rK9 T-o ritE. � 1 �r+.r�ic s2 Trw.dpi pi�� Low W A•rE2 (ML�nl� steps Ce r 10` V- !S9 Top d�fcw W4,l 1 SG / g 3 S-GALLA ceJ F6 ET o MltlNTltIN �y, ISTtNC i• Y PlE4 �-lNSrxL� Fu�,y. i ANG way Fir '- 74.74' .. IN .544- fAf NaRBcQ Scorn .41AxtN G� .S/f 4 C mA lit Si a; D/FTgd A*"CJ4 t� �� 152' NOF/Yly a� c ® f o6r o tr w '"o.�sd/�ar/ns y11�ye �Jwa '701st/i 7/7�SIZ/ CZ6lo vW fw3-7 X10 P ?IY14 6 - 77.0 XVW bob}J�fl lv�7iJS ro�J � -- Sit 07.e f !/p1 J 'W rr7-V -7 I Y1 f r/� &51 of -" r„ a" D7s r.c sr x � N 07 /V< bl N/IV k" az O! S o A a � ry n,ry�s - - � i�_ss2Y 6'i,�, s pJ„fir �•4ew6 :. oe.e F J€�SY2 21 X,D/ /!e^r LAS 740 fS d 6YL`SI to n � e � � w qz X , z/ ^ k ra7frd[6- �Iruo-fJOn.� as�o N � T Z `�� 9�Na b'or�View Tierrace�9 GOOSl 7 ter. tel. C eearth feell 200 1 a . ----__....---..._____ __----______.._______ I �y q Welcome Salem Conservation Commission i MAGG -� Sign Out I Protecting Wetlands and Open Space: MACC's Environmental Handbook .. Page: 16.7.1 Definitions of Coastal Beaches and Tidal Flats - I Nevlyadon -_ _. ..... - __._ ..__._ ....._. . Msn! Table of - j contP.11ts l --- 310 CMR 10.27[PDF]provides details on the definition of Coastal Beaches and Tidal Flats. Paye Notes Coastal Beach is"The gently sloping shore of a body of salt water,'consisting of unconsolidated sediment(sand,clay, ! -- - pebbles, loose rock,etc.)subject to storm and wave action and including tidal flats."Coastal beaches extend from the mean '.. Contact Us low water line landward to the dune line,coastal bank line,or the seaward edge of manmade structures when these structures Mond Search replace one of the above lines..:'(310 CMR 10.27(2)).They slope from the toe of a Coastal Dune,Coastal Bank or any man- made structure replacing them,to mean low water(310 CMR 10.27[PDF]). Tidal flats,also known as mud flats,are included under the definition of Coastal Beach.They are defined as a"nearly level part of a coastal beach which usually extends from the mean low water line landward to the more steeply sloping face of the coastal beach..:'A flat may also"be separated from the beach by land under the ocean." (310 CMR 10.27(2)(b)). Figure 16.7.1.Section of a Coastal Beach r Mean High Water 1 � t 1 % Mean tow Wate Toe of coastal dune a o or coastal bank 't ae: - I Tidal Flats COQS#Cly Be ch ' 1 LAND UNDER THE OCEAN source:A Guide to the coastal Wetlands Regulations.Used with permission from the Department of Enwronmental Profeogon ®2015 MACC.All nghls mserverl.10 Juniper Road,Belmont,W02478 UNInssAm1 cst 09 F Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityrrown When filling out 'mper�"` A. General Information forms 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 9 Harbor View Terrace Salem 01970 cursor-do not use the return a.Street Address b.City/rown c.Zip Code key. 42 502047 -717)WSW Latitude and Longitude: d.Latitude e.Longitude City of Salem, Plan 19 4 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Scott Maxwell a.First Name b.Last Name Note: Before c.Organization completing this 9 Harbor View Terrace toren consult your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town f State g.Zip Code regarding any municipal bylaw 978-314-2288 smaxwell@expressotech.com 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 a.First Name b.Last Name c.Organization d.Street Address e.Cityrrown I.State g.Zip Code h.Phone Number I.Fax Number I.Email address 4. Representative(if any): a.First Name b Last Nam c Company . RECEIVED StreetAddress MAR 15 2016 e.Cityrrown I.State g.Zip Code h.Phone Number I.Fax Number j.Email address DEPT. OF PLANNING TT�tal WPA Fee Paid(from NOI Wetland Fee Transmittal Form): COMMUNITY DEVELOP EN T- $100 $37.50 $62.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid wpaform3.dm•rev.4/12/2015 Page 1 of g Ir Massachusetts Department of Environmental Protection Provided by Ma53DEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 °oa ma'"Transaction Number City/rown A. General Information (continued) 6. General Project Description: Replace 10'x15' Floating dock with 12'x20'floating dock that will be secured to existing pier and held in place by 4 Helix SS5 screw anchors.Work to be done by Smith Marine. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Commercial/Industrial 4. ® Dock/Pier 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture(e.g., cranberries,forestry) 8. ❑ Transportation 9. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project(including Ecological Restoration 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. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2.Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project(310 CMR10.24(8), 310 CMR 10.53(4)),complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) 4766 for lot 4 163 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 8.3, 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. wpaform3.doc rev.4/22/2015 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Doplmem Transaction Number city/Town B. Buffer Zone & Resource Area Impacts (temporary& permanent)(cont d) Resource Area Size of Proposed Afleration Proposed Replacement(if any) For all projects a.❑ Bank 1.linear feel 2.linear feet affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland 1.square feet 2.square feet please attach a narrative c.❑ Land Under 1.square feet 2.square feet explaining how Waterbodies and the area resource wasWaterways 3.cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d.❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e.❑ Isolated Land Subject to Flooding 1.square fast 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available -specify coastal or inland 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: square feet 4.Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ®Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note:for coastal riverfront areas, please complete Section B.21 above. wpaform3.doc•rev.4/2 212 01 5 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection -Wetlands MassDeP File Number WPA Form 3 - Notice of Intent Document Transaction Number s Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown B. Buffer Zone & Resource Area Impacts (temporary& permanent) (cont'd) Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users, Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a.❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your j receipt page) b.® Land Under the Ocean with all i square feet supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Bonier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ® Coastal Beaches quare ' f 1.square feet 2.cubic yards beach nourishment e.❑ Coastal Dunes 1.square feet 2.cubic yams dune nourishment Size of Proposed Alteration Proposed Replacement(if any f. ® Coastal Banks 1.linear feet 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 yams 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 yams 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 Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream Crossings b.number of replacement stream Crossings wpafonn3.doc•rev.4/22/2015 Page 4 of 9 Massachusetts Department of Environmental Protection Provided by Mas§DEP; Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 '0"mTmnsacgon Number - city/rown C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent—Required Actions(310 CMR 10.11). Streamlined Massachusetts Endangered Species ActlWetlands 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 htto://mai)s.massgis.state.ma.us/PRI EST HAB/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 2008 1 Rabbit Hill Road b.Date of map Westborough,MA 01681 If yes,the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18).To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section CA.c, and include requested materials with this Notice of Intent(NOI); OR complete Section C.11, 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). c Submit Supplemental Information for Endangered Species Review 1. ❑ Percentagetacreage of property to be altered: (a)within wetland Resource Area percentagelacreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed 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 Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see httb://www.mass.aov/eea/anencies/dfa/dfw/natural-heritage/regulatory-review/). 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. wpaform1doc•rev.4/222015 Page 5 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MaasDEP File Number WPA Form 3 - Notice of Intent ; Massachusetts Wetlands Protection Act M.G.L. C. 131, §{O Document Transaction Number Cityrrown C. Other Applicable Standards and Requirements (cont'd) (c)❑ MESA filing fee(fee information available at htto://www.mass.ciov/dfwele/dtw/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 (t) 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, http://www.mass.gov/dfwele/dfw/nhesD/regulatory review/mesa/mesa exemotions.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 3.❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation&Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.❑ Not applicable—project is in inland resource area only b.fA Yes ❑ No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore-Cohasset to Rhode Island border,and North Shore-Hull to New Hampshire border. 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 Email: DMF.EnvReview-South(cDstate.ma.us Email: DMF.EnvReview-North(cDstate.ma.us 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. wpaform3.doc•rev.4/2212015 Page 6 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands a MassDEP Pile Number i WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ( - City/Town C. Other Applicable Standards and Requirements (cont'd) 4. 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 5. 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 ❑X No information you submit to the 6. 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 7. 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 a.❑ Proprietary BMPs are included in the Stormwater Management System. b.© No.Check why the project is exempt: 1.® Single-family house 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 ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent—Minimum Required Documents(310 CMR 10.12). 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. I.❑ USGS or other map of the area(along with a narrative description,if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2.❑ Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland[BVW] replication area or other mitigating measure)relative to the boundaries of each affected resource area. wpaform3.doc•rev.4/22/2015 Page 7 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number e Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityrrown D. Additional Information (cont'd) 3.❑ 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. a.Plan Titie b.Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 5.❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program,if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6.❑ Attach NOI Wetland Fee Transmittal Form 9.❑ Attach Stormwater Report, if needed. 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: -0- (a S0 -3 Iy- Zolfo 2.Municipal Check Number 3.Check date � iflti9 3 - ty - zol (o 4.State Check Numbers y1� 5.Check date J CO l1 &0.Kw4C I 6.Payor name on check:First Name 7.Payor name on check:Last Name wpafonn3.doc•rev.4122/2015 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Ciry/rown 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 recei t requested)to all abutters within 100 feet of the property line of the project to ' n. 3 -I �-I . 2ulto 1.Signature of Applicant' 2.Date 3.Signature of Property Owner(if different) 4.Date 5.Signature of Representative(if any) 6.Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and 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 NOl Wetland Fee Transmittal Forth,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. wpaform3.doc•rev.4/222015 Page 9 of 9 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 A Harbor View Terrace Salem cursor-do not a.Street Address b.City/Town use the return key. #649 $37.50 c.Check number d.Fee amount 2. Applicant Mailing Address: Scots Maxwell aNa a.First Name b.Last Name c.Organization 9 Harbnr View Terrace d.Mailing Address Salem MA 01970 e.City/Tow" f.State g.Zip Code 978-314-2288 smaxwell@expressotech.com h.Phone Number i.Fax Number j.Email Address 3. Property Owner(if different): a.First Name b.Last Name c.Organization d.Mailing Address e.Ciy/rown I.State g.Zip Code h.Phone Number L Fax Number j.Email Address To calculate B. Fees filing fees,refer to the fee list and category Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling Out worksheet. instructions for filling out WPA Step 1fType of Activity:Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3flndividual 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 �a� oto another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then V"' ed fb the subtotal amount. MAR C 2016 p 5trTJotal Project Fee:Determine the total project fee by adding the subtotal amounts from Step 4. If J Step 6/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50.To D EPT. OF PLA N N I�Iate the city/town share of the fee,divide the total fee in half and add$12.50. COMMUNITY DEVELOPMENT nofe M!d=•WapeM Fee Tran=fflal Form•nrv.10111 Papa 102 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1Rype of Activity Step 7/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee Floating Dock 1 Category 5, $100 $100 Step 5/Total Project Fee: Step 61Fee Payments: $100 a. Total Project Fee: Total Fee from Step 5 State share of filing Fee: $3 b.1l2 Totaall FFee e less$12.50 2.50 City/Town share of filling Fee: c.12 Total Fee Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee,payable to the Commonwealth of Massachusetts. - Department of Environmental Protection Box 4062 Boston,MA 02211 b.) To the Conservation Commission:Send the Notice of Intent or Abbreviated Notice of Intent;a copy of this form;and the city/town fee payment. 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.) noireett.aec•We11e�M Fee Trenamitlal Fann•rev.70H1 Page 2 W 2 Y Ye CERTIFIEDstal Service" • O RECEIPT Er Domestic 0my Ill 17, Ln 0FF .1C1AL USE C13 CertlOad Mall Fee' CO $ C3 Extra arvicesg aes(aaotepY eaem.e:epp wlelel � ❑geWrn aeceiptOamwlrp E C3 ❑Re Am pl(Xle wc) S O �CeNXetl MellapMctaX Depvay E P09Xr1911( r3 Onal+n staa.w,an,gaXa E Here �aeun slaaawrenasmctaE oeAwry i O Pos age fii Ln � Tofel Postage and Fens $ b 'F dl)o t Lr) sem re o --30 -Cw�ersa l U CE1.0 M1 6traeteildApL7Vo.;oriFO-�ni � \' 8 RECEIVE ® MAR 15 2016 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT