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64-622 - 16 ALMEDA ST. - CONSERVATION COMMISSION ke CITY OF SALEM �' CONSERVATION COMMISSION September 9, 2016 Robert H. Griffin Griffin Engineering Group, LLC 495 Cabot Street, 2 nd floor Beverly, MA 0 1915 Re: Order of Conditions—DEP#64-622-14 &16 Almeda Street Dear Mr. Griffin: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period, this document 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,prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File #64-622 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 978-619-5685. Sincerely, To�lrl n:� Conservation Agent Enclosures CC: DEP Northeast Regional Office Veronica M. Belleau George D. Belleau Massachusetts Department of Environmental Protection Provided by MassDEP, Bureau of Resource Protection -Wetlands . MassDEP File 4 WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 P Transaction# Salem cityrrom A. General Information Please note; Salem this fomn has 1. From: been modified Conservation Commission vdth added 2.This issuance is for space to a.ZOrder of Conditions b. Amended Order of Conditions aocommodale (check one): the Registry t of Deeds 3. To: Applicant: Requirements GeoMe Belleau a.First Name b.Last Name Important: When filling Town &Country Homes of New England out forms on c.Organization the 632 Lowell Street compute, use only the d.Mailing Address tab key to Peabody MA 01960 move your e.CityfTown f.State g.Zip Code cursor-do not use the 4- Property Owner(if different from applicant): return key- do--h See attachment a.First Name b. Last Name FAc.Organization d.Mailing Address a-Cityrrown f.State g.Zip Code 5. Project Location: 14& 16 Almeda Street Salem a.Street Address b.City/Tow 14 116, 117 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: d IT) a d m 5 d.Latitude a.Longitude apafcn5.�- w W1612015 Page I of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cityrro" 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) See attachment c.Book d.Page 7. Dates: 8/25/2016 9/8/2016 9/9/2016 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. Planritla b.Prepared By c.Signed and Stamped by d.Final ReTision Date a.Scale f.Additional Plan or Document Tifle 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: R Prevention of a. Z Public Water Supply b. Land Containing Shellfish c* Pollution d. 0 Private Water Supply e. Fisheries Protection of Wildlife Habitat 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. Z 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. �sfwm5.dm- w.611612015 P,.2 a 12 r--------------- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem cityrrown B. Findings (cont.) Denied because: b. El 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. [I 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. [K Buffer zone Impacts: Shortest distance between limit of project 3+/- disturbance and the welland resource area specified in 310 CMR 10.02(l)(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. El Bank linear-feet linear-feet c.linear-feet d.linear feet 5. Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feel 6. Land Under Waterbodies and a.-square feet square-feet -�.-square feet d.square feet Waterways a.-d�dredged f.efy dredged 7. Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage cubic-feet f.cubic-feet g.cubic-feet h.cubic feet 8. D Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage cubic-feet cubic feet cubic-feet f.cubic feet 9. El Riverfront Area - 8.total sq.feet b.total sq.feet Sq ft within 100 ft -- c.square feet d.square feet a.square feet f.square feet Sq ft between 11013- 200 ft g.square feel h.square feet i,square feet I.square feet Pp 3.112 -------------- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction Salem cityrrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement io. El Designated Port Areas Indicate size under Land Under the Ocean, below it. El Land Under the —square 1�e—t b.square feet Ocean efy dredged d.c/y dredged 12. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd 13. [1 Coastal Beaches a--squarefeet T square—feet c.nourishment d.nourishment cu yd cu yd 14� El Coastal Dunes T-sq—uarefeet —squarefeet c.nourishment d.nourishment 15, El Coastal Banks a.linear feet b.linear fiset 16. M Rocky Intertidal Shores a q u a—refeet Tsquare feeF 17. El Salt Marshes a.—square feet -6-square—feet -E—square feet d.square feet 18. 0 Land Under Salt Ponds i�square feet b.square feet c.�dmdged d.cty dredged 19. El 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 -i.Uy—dredged b.cly dredged 21. El Land Subject to Coastal Storm a.square feet b.square feet Flowage 22. El Riverfront Area a.total sq.feet b.total sq.feet Sq It within 100 ft c.square feet d-square feet a.square feet f.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet j,square feet re,W16=15 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP; Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction Salem Cityrrown B. Findings (cont.) #23.If the 23. F) Restoration/Enhancement project is for the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh "fland resource area 24. El 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 (BWV)or B.17.c(Salt The following conditions are only applicable to Approved projects. Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other pleaseenter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. 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 CIVIR 10.05(l 1)(0, 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_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. �f..sdw- w.U16/2015 ftg�5 f 12 r------- Massachusetts Department of Environmental Protection Prowided by MassDEP Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 EP Tfansaction# Salem Cityfrown 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 btle 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"for, "MassDEP"I "File Number 64-622 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. Page 6 0 12 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection -Wetlands Mass0EP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 13 1, §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 wetiand 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 wettland or water body. During construction, the applicant or his1her 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)E] is subjLctto the Massachusetts Stormwater Standards (2) E 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; fi. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; fli. any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10; Page 7 C1 12 -------------- Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 — Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# INEL A 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 BIVIPs is suitably established to withstand erosion, c) The landowner is responsible for BIMP 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 1 8(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f]i through 1 8(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.�- rev.WIGM15 Pag.6 of 12 Massachusetts Department of Environmental Protection Provided by MassIDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 — Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP TransaclJon# Salem Cityfrown 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 of 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. �f.5.d.- r..61IM015 Pa,9 of 12 --------—---- Massachusetts Department of Environmental Protection Provided by MassDEP, Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 - Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? E Yes No 2. The Salem hereby finds(check one that applies): wation Commission a. E]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. ED 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): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance .Psfono&�- WISM15 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File# WPA Form 5 — Order of Conditions 64-622 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 P Transaction# Salem Gityfrown E. Signatures This Order is valid for three years,unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. Please indicate the number of members who will sign this form. 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 firre to the appropriate Department of Environmental Protection Regional Office/if t fil, I t ic and the property er, if Jdler o ing e ec ron 50� own pint from applicant. natures: Sig ,Z/ 6v� Z��, V, by hand delivery on by certified mail, return receipt requ�steo,,O.v 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 Mas$DEP Regional Office to issue a Superseding Order of Condifions. 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 P 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. i 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. "eform5.dm- rev&1612015 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File WPA Form 5 — Order of Conditions 64-622 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 fitle 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. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------- -------------------------------------------I........................ ----------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MessDEP File Number Has been recorded at the Registry of Deeds of: County Book Page fo r. 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 "evrns.doo.MV.&ISQ016 Pap 12 of 12 14 & 16 Almeda Street, Salem, MA—Notice of Intent 8/25116 Town & Country Homes, Inc. ATTACHMENT WPA Form 3 - Item A.8 List of Property Owners & Deed References: Assessors Essex South Info Property Address Property Owner Re * t of Deeds Map I Lot Book. Page Veronica M. Belleau 14 116 14 Almeda St. 21A Ye Old County Rd 33577 10 Salem, MA 01970 Gloucester, MA 01930 George D. Belleau 14 117 16 Almeda St. 532 Lowell Street 33546 134 Salem, MA 01970 Peabody, MA 01960 Attachment to Order of Conditions #64-6292 Page 1 of 5 Nw T, _Z�V ATTACHMENT TO ORDER OF CONDITIONS SALEM CONSERVATION COMMISSION DEP FILE#64-622 14 & 16 Almeria Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (9/l/16, 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 venial pools. The Order permits the extension of Almeda Street, construction of two single-family houses. and associated improvements per 8/25/2016 Notice of Intent,approved plans,and the following conditions. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 13 1,Section 40, Wetlands Regulations 3 10 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#64-622 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 respqct 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,die Wetlands Protection Act MGL Chapter 13 1, Section 40,the Wetlands Regulations 3 10 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. Attachment to Order of Conditions #64-622) Page 2 of 5 8. The terin "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 see. 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. N. 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 TOWN&COUNTRY HOMES OF NEW ENGLAND, INC., 14 & 16 ALMEDA STREET, SALEM, MA 0 1970 (MAP 14 LOT 116 & 117) (Sheets NOI-1 &NOI-2) (Title) 8/25/2016 (Dated) Robert H. Griffin (Sign ed and Stamped by) City of Salem Conservation Commission (On fle 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 Pro�ect 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# 64-622 t�'tt.01) Page 3 of 5 buyer fliat 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 matefial shall bestockpiled 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 M I 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 9 64-622 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.slial I be deposited at least 100 feet from wetland resource areas and 200 feet front 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. AFFER 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; pez AtLachinent to Order of Conditions#64-622 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-"worVincludes 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 die 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. Prior to issuance of a Certificate of Compliance,the homeowners' association documents must include language requiring maintenance of the tree box filter,per manufacturer's specifications. ommmmmmm� NOI Status Sheet Address: f� A- DEP #: Application Type- POE Date Submitted: Contact Name: 5,-, /,A-,\ Phone: T-7e Proposed activity: p lication Complete or,rect Fee Received -Zutters List Requested -Received egal Ad Sent Legal Ad Confirmed ,--On—line -iVdded to Agenda ---IV-genda to Applicant �Agent Comments to Commission -DEP Comments Hearing Opened: Continued4--- Site Visit- �-Abutters Notice Confirmed ,-Permit ent to Applicant and DEP To nfirmation of Delivery Expiration date added to calendar ,Idded to database icant Recorded OoC with Registry Preconstruction Meeting: Certificate of Compliance Sent to Applicant and DEP Confirmation of Delivery Applicant Recorded CoC with Registry N;otes, C-I\ H\CON COMM\Ada-unistrative\project status sheet\NOI status sheet 2012-12-27.doe Tom Devine From: Bob Griffin <bgriffin@griffineng.com> Sent: Wednesday, October 05, 2016 3:42 PM To: Tom Devine; George Belleau Subject: Almeda Street Extension - Order of Conditions - Recording Information The subject Order of Conditions was recorded today at ESRD Book 35328 Page 125. Please let me know if you have any questions. Bob G. Robert H. Griffin, P.E. Griffin Engineering Group, LLC 495 Cabot Street, 20cf Floor Beverly, MA 01915 978-927-5111/5103 (fax) bgriffin(a)griffineng.co CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Notice of Intent for George Belleau of Town& Country Homes of New England Inc, 532 Lowell St, Peabody MA. Purpose of hearing is to discuss proposed roadway extension,construction of 2 single-family homes,and associated improvements at 14& 16 Almeda St within an area subject to the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection&Conservation Ordinance.Hearing will be 9/8/16 at 6:30pm in City Hall Annex,3d floor conference room, 120 Washington St. Salem News publication date: September 1, 2016 Please invoice: Account# 31993 Robert H. Griffin Griffin Engineering Group, LLC 495 Cabot Street, 2 nd floor Beverly, MA 01915 978-927-5111 27 Notice of Intent underthe Massachusetts Wetlands Protection Act and the City of Salem Wetlands 0 Protection Ordinance 0 KM C M 7. Almeda Street C= ' 0 Roadway Extension & M Development of Two Single-Family Lots 14 & 16 Almeda Street Salem, MA August 25, 2016 Applicant: 6 Town & Country Homes of New England, Inc. Submitted to: City of Salem Conservation Commission and Massachusetts Department of Environmental Protection Prepared by: Griffin Engineering Beverly, MA Griffin E� C guineering ro P, LLC August 25, 2016 Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 01970 By Hand Delivery Subject: Notice of Intent for Almeda Street Extension & Development of Two Single-Family Lots 14 & 16 Almeda Street Dear Commission Members: On behalf of the Applicant, Town & Country Homes of New England, Inc., we are pleased to provide (8) copies of this Notice of Intent (NOI) for the subject project. The proposed project involves extending the paved portion of Almeda Street by approximately 80-feet and the construction of two single-family residences, with associated driveways, utilities, and landscaping. The wetland resource areas located in the vicinity of the subject properties that are subject to protection under the Massachusetts Wetlands Protection Act (MA WPA) and the City of Salem Wetlands Protection Ordinance include Inland Bank and Bordering Vegetated Wetland. Work is proposed within the 1 00-foot Buffer Zone to these resource areas. We look forward to discussing the project with the Commission. Shouldyouhave any questions or comments, or require additional information, please do not hesitate to contact the undersigned. Very truly yours, Griffin Engineed g ou LLC a� - Robert H. Griffin, P. Enclosures: NOI (8 copies) Cc: Massachusetts DEP Northeast Region (2 copies) Town & Country Homes of New England, Inc. (1 copy) Phone 978-927-5111 1 Fax 978-927-5103 www.griffineng.com 495 Cabot Street I 2nd Floor I Bever[ , MA 01915 TABLE OF CONTENTS Notice of Intent Application (WPA Form 3) Notice of Intent Wetland Fee Transmittal Form and Fee Calculation Sheet Attachment A Project Description 1.0 INTRODUCTION.................................................................................................A-1 2.0 WETLAND RESOURCE AREAS........................ ................................................A-1 2.1 Bordering Vegetated Wetland....................................................................A-3 2.2 Inland Bank................................................................................................A-3 2.3 Buffer Zone................................................................................................A-3 2.4 Additional Information ............................................. ............................. ....A-3 3.0 PROPOSED PROJECT /WETLAND RESOURCE AREA WORK.......................A-4 3.1 Buffer Zone.............................................................................................—A-5 4.0 MITIGATION MEASURES..................................................................................... A-5 5.0 CONCLUSION ....................................................................................................A-6 Figure1 - Site Locus Plan ...........................................................................................A-2 Attachment B Site Plan Attachment C Erosion Control Specifications Attachment D DEP BVW Delineation Field Data Forms Attachment E Affidavit of Service, Notice to Abutters & Certified List of Abutters NOTICE OF INTENT APPLICATION (WPA FORM 3) 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 Salem Important: City/Town When filling out 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 14 & 16 Almeda Street Salem 01970 cursor-do not use the return a. Street Address b. Cityrrown c.Zip Code key. Latitude and Longitude: 42030'43.0"N 70'54'42.6"W 0--h d. Latitude e. Longitude Map 14 Lot 116 & 117 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: George Belleau a. First Name b. Last Name Note: Town & Country Homes of New England, Inc. Before c.Organization completing this 532 Lowell Street form consult d.Street Address yourlocal Conservation Peabody MA 01960 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): Z Check if more than one owner (see attachment) a. First Name b. Last Name c.Organization d. Street Address e.CityfTown f.State g.Zip Code h.Phone Number LFax Number j.Email address 4. Representative (if any): Robert H. Griffin, P.E. a.First Name b.Last Name Griffin Engineering Group, LLC c.Company 495 Cabot Street, 2nd Floor d.Street Address Beverly MA 01915 e.CityrFown f.State g.Zip Code (978) 927-5111 (978) 927-5103 bgriffinagriffineng.com h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $ 2,050.00 $ 1,012.50 $ 1,037.50 a.Total Fee Paid b.State Fee Paid c.CityrFown Fee Paid wpaform3.doc-rev.612812016 Page I of 9 I 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 Salem A. General Information (continued) City/Town 6. General Project Description: The extension of the existing Almeda Street roadway for the development of two existing single- family residential lots with associated residence construction, driveways, utilities, and landscaping. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. Single Family Home 2. 0 Residential Subdivision 3. F] Commercial/Industrial 4. El Dock/Pier 5. n Utilities 6. E] Coastal engineering Structure 7. El Agriculture (e.g., cranberries, forestry) 8. El Transportation 9. n 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)? i. El Yes If yes, describe which limited project applies to this project. (See 310 CMR ED No 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 CMR1 0.24(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(south) a.County b.Certificate#(if registered land) *See attachment c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. M Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetiand, Inland Bank, or Coastal Resource Area. 2. n Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. wpaform3.doc-rev.6/2812016 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassD,EP: 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 Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary& permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) a. F� Bank 1.linear feet 2.linear feet For all projects affecting other b. El Bordering Vegetated Resource Areas, Wetland 1.square feet 2.square feet please attach a narrative c. F� Land Under 1.square feet 2.square feet explaining how Waterbodies and the resource area was Waterways 3.cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. F-1 Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. F1 Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. 1-1 Riverfront Area 1.Name of Waterway(if available) specify coastal or inland, 2. Width of Riverfront Area (check one): El 25 ft. - Designated Densely Developed Areas only El 100 ft. - New agricultural projects only El 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, 5. Has an alternatives analysis been done and is it attached to this NOI? El Yes El No 6.Was the lot where the activity is proposed created prior to August 1, 1996? 0 Yes El No 3. F-1 Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3.doc-rev.6/28/2016 Page 3 of 9 Massachusetts Department of Environmental Protection Provided byMas,sDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Wu�mber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town 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 number a. El Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. El Land Under the Ocean with all 1.square feet supplementary information you 2.cubic yards dredged submit to the Department. c. El Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. [:1 Coastal Beaches 1. square feet 2.cubic yards beach nourishment e. El Coastal Dunes - 1.square feet 2.cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement(if any) f. E] Coastal Banks 1.linear feet g. F-1 Rocky Intertidal Shores 1.square feet h. E] Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. f-1 Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. E] Land Containing Shellfish 1.square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged 1. 0 Land Subject to Coastal Storm Flowage 1.square feet 4. F� 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 BVW b.square feet of Salt Marsh 5. F1 Project Involves Stream Crossings a.number of new stream crossings b. number of replacement stream crossings wpaform3.doc-rev.612812016 Page 4 of 9 Massachusetts Department of Environmental Protection Pr6ided 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 Document Transaction Number Salem C. Other Applicable Standards and Requirements GityrTown This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists— Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species ActfWietlands 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 http://maps.massqis.state.ma.us/PRI EST HAB/viewer.htm. a. F1 Yes Z No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife October 1, 2008 1 Rabbit Hill Road b. Date of map Westborough, MA 01581 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 C.1.c, and include requested materials with this Notice of Intent(NOI); OR complete Section C.2.f, 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* i. [-] Percentage/acreage of property to be altered: (a) within wetiand Resource Area percentage/acreage (b) outside Resource Area percentagelacreage 2. E:1 Assessor's Map or right-of-way plan of site 2. El 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)El Project description (including description of impacts outside of wetland resource area& bufferzone) (b) Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.gov/eea/agencies/dfq/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. wpaform3.doc-rev.612812016 Page 5 of 9 Massachusetts Department of Environmental Protection Provided by I 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 S.alem City/Town C. Other Applicable Standards and Requirements (cont'd) (c)[J MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NH ESP" and man to IMESP at above address Projects altering 10 or more acres of land, also submit: (d)L] Vegetation cover type map of site (e)El Project plans showing Priority & Estimated Habitat boundaries (0 OR Check One of the Following 1. 0 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/nhesp/requlatory review/mesalmesa exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP 3. 0 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. [D Not applicable—project is in inland resource area only b.0 Yes E] 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(a)state.ma.us Email: DMF.EnvReview-North(a)state.ma.us Also if yes, the project may require a Cha pter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassIDEP's Southeast Regional Office. wpafo"3.doc-rev.6/28/2016 Page 6 of 9 Massachusetts Department of Environmental Protection rrovided.byMassDEP: Bureau of Resource Protection - Wetlands PAassDEP File Number WPA Form 3 - Notice of Intent Document Trans I action Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem 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. [-] Yes N 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.ACIEC number provided on your 1, 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. El Yes N 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. El Yes 0 No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. El 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: i. El Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. 17� A portion of the site constitutes redevelopment 3.F-1 Proprietary BMPs are included in the Stormwater Management System. b.0 No. Check why the project is exempt: 1. F—I Single-family house 2. El 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 El 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(NO]). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the following information you submit to the Department. 1. N 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. Z 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. Lwpafom3.doc-rev,612812016 Page 7 of 9 1 Massachusetts Department of Environmental Protection Provided-byMassDEP: Bureau of Resource Protection - Wetlands MassbEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem D. Additional Information (cont'd) CityrTown 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. 2 List the titles and dates for all plans and other materials submitted with this NOL Site Plan to Accompany Notice of Intent a. Plan Title Griffin Engineering Group, LLC Robert H. Griffin. P.E. b. Prepared By c.Signed and Stamped by August25, 2016 V=10' d. Final Revision Date e. Scale f.Additional Plan or Document Title 9. Date 5. if there is more than one property owner, please attach a list of these property owners not listed on this form. 6.El Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. TEI Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. Z Attach NOI Wetland Fee Transmittal Form 9. Attach Stormwater Report, if needed. E. Fees i. El 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: 8208 8/24/16 2.Municipal Check Number 3.Check date 8207 8/24/16 4. State Check Number 5.Check date Griffin Engineering Group, LLC -- 6. Payor name on check:First Name 7. Payor name on check:Last Name wpaform3.doc-rev.6128/2016 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Nurhber WPA Form 3 - Notice of Intent Docurn,ent Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem F. Signatures and Submittal Requirements City/Town 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 CIVIR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application. pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the groj.ect locatio P" S&O A/ e4elg I. si.n re Jf7wicvAt 2. Mat(f 3.S14nature of Propeity Own&(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 NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc-rev.6t28/2016 Page 9 of 9 14 & 16 Almeda Street, Salem, MA—Notice of Intent 8125/16 Town & Country Homes, Inc. ATTACHMENT WPA Form 3 — Item A.8 List of Property Owners & Deed References: Assessors Essex South Info Property Address Property Owner Registry of Deeds Map Lot Book Page 14 Almeda St. Veronica M. Belleau 14 116 Salem, MA 01970 21A Ye Old County Rd 33577 10 Gloucester, MA 01930 16 Almeda St. George D. Belleau 14 117 Salem, MA 0 1970 532 Lowell Street 33546 134 Peabody, MA 01960 NOTICE OF INTENT WETLAND FEE TRANSMITTAL FORM & FEE CALCULATION SHEET Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands N01 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, I. Location of Project: use only the tab key to move your 14 & 16 Almeda Street Salem cursor-do not a, Street Address b.City/Town use the return key. 8207 $ 1,012.50 c.Check number d. Fee amount 2. Applicant Mailing Address: George Belleau a. First Name b. Last Name Town & County Homes of New England, Inc. c.Organization 532 Lowell Street d.Mailing Address Peabody MA 01960 a.City/Town f. State g.Zip Code h. Phone Number L Fax Number j.Email Address 3. Property Owner(if different): (see attachment) a. First Name Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number L Fax Number j. Email Address To calculate B. Fees filing fees,refer to the category fee list and 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 11Type 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 Unclividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4[Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5[Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 61Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract$12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. mWeetf.d..-Wetland Fee Transmittal Forrn-rev,10111 Page I of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands N01 Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step II/Type of Activity Step 2/Number Step Step 41Subtotal Activity of Activities 311ndividual Fee Activity Fee Cat. 3c - Road Construction 1 $ 1,050 $ 1,050 Cat. 2a- Single-Farn. Res. Constr. 2 $ 500 $ 1.000 Step 51rotal Project Fee: $2,050 Step 6/Fee Payments: Total Project Fee: $ 2,050.00 — a.Total Fee from Step 5 $ 1,012.50 State share of filing Fee: b. 112 Total Fee less su—50 $ 1,037.50 City/Town share of filling Fee: c. 1/2 Total Fee plus$12.50 C. Submiffal 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 acopy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) mf..ffd.c-Wetland F�Trarsmittal F�-rev,10/11 Page 2 d 2 FILING FEE CALCULATION SHEET Massachusefts Wetland Protection Act 310 CMR 10.03(7)c Category 3c: Road Construction = $1,050.00 Category 2a: Single-Family Residence Construction: $500 / activity x 2 $1,000.00 Total: $2,050.00 Total Check Amounts State Share = (50% of Amt - $12.50) $2,050/2 - $12.50 = $1,012.50 City Share (50% of Amt + $12.50) $2,050/2 + $12.50 = $1,037.50 rr, OPERATING ACCOUNT MARBLEHEAD BANK 72INN-1 Grithn 495 CABOT ST., SUITE 202 21 ATLANTIC AVE 8208 MARBLEHEAD,MA 01945-3294 Engineering BEVERLY,MA 01915 53-729912113 Group,LLC (978)927-5111 PAY One Thousand Thirty Seven and 501100 DATE CHECK CHECK AMOUNT 08/24/16 8208 $1,037.50 TO THE ORDER CITY OF SALEM OF CITY HALL 93 WASHINGTON STREET SALEM MA 01970 AUTHOFI�D SU4ATLIRE OPERATING ACCOUNT MARBLEHEAD BANK �Griffin 495 CA',&OT§T.,:§UITE�02 21 ATLANTIC AVE 8207 NT& MARBLEHEAD,MA 01945-3294 Engineering 6EVERLY,�MA'01915 53-7299/2113 GmUp,LL(� (08)92Tw5l 11 PAY One Thousand Twelve and 50/100 DATE CHECK CHECK AMOUNT 08/24/16 8207 $1,012.50 TOTHE ORDER MA DEP OF COMMONWEALTH OF MASSACHUSETTS PO BOX 4062 BOSTON MA 02211 ATTACHMENT A PROJECT DESCRIPTION 1.0 INTRODUCTION The project site is located at 14 & 16 Almeda Street (Salem Assessors Map 14, Lot nos. 116 & 117) in Salem, Massachusetts. The lots are each approximately 0.12 to 0.13 acres in size and are currently undeveloped. The properties are bounded to the north by an unimproved portion of the Almeda Street right-of-way, to the west by a similar undeveloped property, and elsewhere by developed residential properties. Figure 1 - United States Geological Survey (LISGS) Locus Map depicts the general location of the project site. This Notice of Intent seeks approval for the extension of the existing Almeda Street roadway for the development of the two single-family residential lots with associated residence construction, site grading, drainage improvements, utility installation, and landscaping. The proposed activities are located with the 1 00-foot Buffer Zone to Bordering Vegetated Welland and Inland Bank. Such areas are subject to protection under the Wetland Protection Act (WPA) and City of Salem Wetland Protection Ordinance. The wetland resource areas are further described in Section 2.0. A detailed description of the proposed work is provided in Section 3.0. Mitigation measures associated with the project are described in Section 4.0. The reader is referred to Attachment B for a site plan showing the existing conditions and the proposed work. 2.0 WETLAND RESOURCE AREAS Griffin Engineering Group, LLC reviewed information regarding the 14 & 16 Almeda Street properties to determine if the area of proposed work is located within resource areas regulated under the Massachusetts Wetlands Protection Act (MA WPA) and the City of Salem Wetlands Protection Ordinance. The review included an on-site inspection, topographic survey, and a review of pertinent published information regarding the area. Information reviewed included: > USGS Topographic Quads (Salem, MA 1:25,000 - Metric - 1985); > FEMA Flood Insurance Rate Maps, City of Salem, (Map Number 25009CO418G), Effective July 16, 2014; > Massachusetts Natural Heritage Atlas, October 1, 2008 Edition, Salem Quad; > The National Wetlands Inventory Map, Wetlands Mapper Digital Viewer, U.S. Fish and Wildlife Service; Based on our review, Bordering Vegetated Wetland (310 CMR 10.55) and Inland Bank (310 CMR 10.54) were determined to be present in the vicinity of the proposed work. These resource areas are regulated under the MA WPA and the City of Salem Wetlands Protection Ordinance. The proposed work within these areas' 100' jurisdictional Buffer Zones requires filing a Notice of Intent in accordance with the MA WPA and the City of Salem Wetlands Protection Ordinance. A - 1 4 61 I�-XNIX ..... Q6 06 0 200400 800 1,200 1,600 =�Feet Figure 1 1 inch = 800 feet Site Locus Plan Ref USGS Scanned Topo Maps(MassGIS). N T(mn&Car*yFlcrn%dN9NB#n�Inc. Griffin Engineering Group, LLC 14M6AmedaSked Beverly, MA SalemMA01970 A-2 2.1 Bordering Vegetated Wetlands A body of water known as Andy's Pond exists just northeast of the subject properties, across Almeda Street on land owned by the City of Salem. The pond is bordered by Bordering Vegetated Wetland (BVW) in the vicinity of the proposed work, the limits of which were delineated by a wetland scientist by placing flags Al through A7. Flag locations were surveyed and are shown on the accompanying Site Plan (Attachment B). The reader is referred to Attachment D for the delineation field data forms. No work is proposed within the BVW. However, work is proposed to occur within the 1 00-foot Buffer Zone to the BVW. Appropriate mitigation measures are proposed to protect the resource area during construction and until the disturbed areas have been stabilized. 2.2 Inland Bank As defined by the Act, Inland Bank is the land surface that confines the intermittent stream located southwest of the subject properties. The inland bank is assumed to be significant to public and private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, and protection of fisheries and wildlife habitat. The location of the intermittent stream was scaled off of MassGIS and the USGS topographic map for the area. The approximate limit of the associated 1 00-foot Buffer Zone is shown on the attached Site Plan. No work is proposed on the Inland Bank. However, work is proposed to occur within the 1 00-foot Buffer Zone to the bank. Appropriate mitigation measures are proposed to protect the bank during construction and until the site has been stabilized. 2.3 BufferZone The Buffer Zone is the area extending 1 00-feet horizontally from the BVW and Inland Bank boundaries. In the City of Salem Wetland Protection Regulations, Buffer Zones are considered resource areas because they perform vital functions in protecting the interests of the Ordinance. The majority of the proposed work will occur within this area. Appropriate mitigation measures are proposed to protect the resource areas during construction and until the Buffer Zone has been stabilized. 2.4 Additional Information o The USGS Topographic Quad indicates that an intermittent stream exists approximately 50-feet southwest of the subject properties, down a steep embankment located at the rear of the lots. This stream appears to have a drainage area of much less than 0.5 square miles. Therefore, under the Wetland Protection Act, the stream is considered intermittent and is not subject to Riverfront Area Regulations. A - 3 • The FEMA Flood Insurance Rate Map for the City of Salem (Map Number 25009CO418G) indicates that the properties are not located within any flood hazard areas. • The map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools does not depict the presence of rare wetland wildlife habitats or certified vernal pools at or near the project area (Massachusetts Natural Heritage Atlas, 13th Edition, Effective October 1, 2008). 3.0 PROPOSED PROJECT /WETLAND RESOURCE AREA IMPACTS This Notice of Intent addresses roadway and building construction for the development of two existing single-family lots, including the associated site grading, utility installation and drainage improvements. The Applicant proposes to extend the paved portion of the existing Almeda Street right-of-way approximately 80-feet and provide a 20-foot by 35- foot hammerhead turn area at the end. Specific elements of the project include: 1.) Extending Almeda Street approximately 80-feet within the existing 40-foot wide way; 2.) Constructing a 20-foot by 35-foot hammerhead turning area at the end of the proposed extension; 3.) Constructing an approximately 6-foot tall by 50-foot long reinforced concrete retaining wall along the northerly side of Almeda Street in the vicinity of the proposed turn-around; 4.) Installing stormwater management features including a tree box filter and deep sump catchbasin within the 40-foot right-of-way; 5.) Installing a force main sewer line within the 80-foot extension to connect to the existing municipal sewer; 6.) Constructing two single-family residences with associated bituminous concrete driveways and utility installation; 7.) Grading and re-vegetating the site. Drilled wells will be installed on each of the lots to supply potable water since there is no public water main within Almeda Street in the vicinity of the lots. Each residence will be connected to the municipal sewer in Almeda Street. There is currently no stormwater management system in Almeda Street. An existing 18" RCP culvert conveys stormwater runoff from the southerly side of Almeda Street (in the vicinity of house #12) to Andy's Pond located on the opposite side of the road. A - 4 Stormwater runoff from the proposed roadway extension will be directed into a 4'-wide by 6'-Iong tree box filter, where runoff will be treated. A single catchbasin is proposed downgradient of the tree box filter to capture stormwater that bypasses the treatment device during heavy rainstorms. The catchbasin will discharge to a rip-rap apron in an upland area to the north of Almeda Street, towards the Pond. The reader is referred to Attachment B for a Site Plan showing existing conditions and the proposed work. 3.1 BufferZone The proposed work is located within the 1 00-foot Buffer Zone to the Bordering Vegetated Wetland and Inland Bank resource areas. Performance standards for activities within this zone require that the work neither destroy nor adversely affect BVW productivity or Inland Bank stability. By installing erosion controls between the work and the resource areas and by avoiding unnecessary construction activities adjacent to the resource areas, the productivity and stability of the BVW and Inland Bank will not be impacted. 4.0 MITIGATION MEASURES Proposed mitigation measures are described below. Throughout the work, disturbed soil areas will be re-stabilized and re-vegetated as soon as possible. Erosion control specifications are detailed in Attachment C. Prior to work commencing on the site, there will be a preconstruction conference with the contractor. The purpose of this meeting will be to coordinate the best methods for erosion and sedimentation control, protection of the surrounding wetland resource areas, and other construction-related issues. The implementation of a comprehensive soil and erosion control plan will occur prior to any construction activities within the project area. In general, the following sequence of erosion control will occur: c, Erosion and sedimentation control devices will be installed along the edge of the down gradient side of the project area prior to construction as depicted on the site plan (Attachment B). c, Erosion and sedimentation control devices will be inspected daily during periods of active construction and bi-weekly during the remainder of the construction period. Sediments will be removed from the barriers as soon as they reach a depth of 6-inches. o Runoff fromthe site will be directed through sedimentation control barriers. o During construction, disturbed areas will be kept to a minimum and vegetative stabilization of these areas will occur as soon as possible. A - 5 o Temporary seeding, mulching, or other suitable stabilization measures will be used to protect exposed critical areas should unprotected soils remain exposed for prolonged periods. Construction activities shall be monitored on-site by the construction supervisor to ensure that the soil erosion and sediment control features are installed properly, maintained, and to evaluate the need for additional erosion control and/or stabilization measures. The inspector will perform the following tasks: • Supervise the installation and maintenance of the soil erosion and sediment control features. o Evaluate the need for additional soil erosion and sediment control features. • Scheduled inspections of erosion control features, including construction entrance, haybales, and dust control. • Supervise and monitor temporary and permanent stabilization activities. 5.0 CONCLUSION The proposed project consists of extending the existing Almeda Street roadway and developing two existing single-family lots at 14 & 16 Almeda Street in Salem, Massachusetts. The proposed project is designed to comply with the Massachusetts Wetlands Protection Act and the local Wetlands Protection Ordinance and to minimize the potential for impacts to the adjacent wetland resource areas. The proposed work meets the applicable performance standards for work to be performed within the 100- foot Buffer Zone to Bordering Vegetated Wetland and Inland Bank. Permanent unavoidable impacts and temporary impacts have been minimized. The proposed project, with its mitigation measures, meets the performance standards and protects the interests of the Massachusetts Wetlands Protection Act. A - 6 ATTACHMENT B PROJECT PLANS ATTACHMENT C EROSION CONTROL SPECIFICATIONS Section 01568 Erosion Control, Sedimentation and Part I - General Containment of Construction Materials 1.1 Provide all work and undertake all measures necessary to control soil erosion from the work site throughout the Construction Phase and continuing until removal of siltation controls are authorized by the Engineer or Local Authority. This work shall be continuous throughout the project, regardless of the construction schedule undertaken by the Contractor. The contractor must ensure that controls perform as specified even when he is not present at the work site. 1.2 Prevent soil and construction materials from the work area from reaching wetlands or waterways at all times. 1.3 Install and maintain erosion controls as shown on the drawings and as specified. Should additional controls or measures be necessary to control erosion, as determined by the Owner or Engineer, then provide and maintain same. 1.4 Controls installed and maintained must prevent movement of soil and construction materials from the work areas at all times. Controls must be capable of performing adequately during normal and severe storm events. 1.5 Controls are to be installed prior to disturbing earth or vegetation at the project. 1.6 Compliance with all requirements of the Order of Conditions issued by the Local Authority is the responsibility of the Contractor, with the following exceptions: Filing of the Order on the property deed. Requirements for actions at the property after the authorized removal of erosion controls. Part 2 - Quality Assurance 2.1 All erosion controls to be constructed of new materials approved by the Engineer and consistent with these specifications. Replace inadequate or worn controls with new materials. 2.2 Inspect and maintain as necessary erosion controls within 24 hours following every storm event. 2.3 Disturbance of soils or vegetation and construction activities of any type beyond the limits of work shown on the drawings are prohibited. Do not disturb adjacent vegetation. 2.4 The Contractor is solely responsible, at no additional cost to Owner, for repairs, replanting, remediation, or reconstruction or other any actions ordered by the Local Authority resulting from non-compliance with these requirements. Non-compliance includes, but is not limited to, failure to prevent soil and construction materials from reaching a wetlands or waterbody. 01568-1 2.5 The Contractor is required to keep on-site, throughout the project, 12 additional haybales and 50 feet additional silt fence. These additional erosion control materials are to be available for use solely at the project site and are to be installed immediately upon direction of the Engineer or the Local Authority. 2.6 Follow preventative erosion control practices established by the United States Soil Conservation Service. 2.7 Do not allow litter or construction materials to blow from the work area and enter wetlands. Immediately remove by hand any such materials entering wetlands. Part 3 - Submittals 3.1 Two weeks prior to disturbing soil at the project site, submit to Engineer for review and approval, catalog cuts showing the proposed materials to be used during construction. Part 4 - Materials 4.1 Haybales shall be made of straw or hay, tightly bound with string, and measure approximately 18" x 18... x 3' or larger. 4.2 Silt Fence - shall be made of a woven geotextile with a metal reinforcing mesh fully integrated during the manufacturing process into the geotextile. 4.3 Stakes - Stakes for securing haybales and silt fence shall be made of oak, and shall have nominal dimensions of 2" x 2" x 4'. Metal fence posts for silt fence acceptable. Part 5 - Dewatering Discharges 5.1 Water discharged from the construction area must be completely free of petroleum products. 5.2 The maximum rate of pumping, without special approval of the Engineer, shall be 150 gallons per minute. 5.3 Dewatering waters shall pass through a silt removal chamber having an overflow rate less than 3,500 gallons per square foot per day and a depth of at least three feet, and then be filtered through haybales prior to being allowed to flow to a wetlands or waterbody. Effluent shall have turbidity less than 10 NTU. Part 6 -Additional Requirements 6.1 Install silt fence around all stockpiles of soil placed within 200' of a wetlands. 6.2 Controls are to be removed after vegetation in the work area has been established, and is determined by the Engineer or Local Authority as being effective at controlling erosion. 01568-2 ATTACHMENT D DEP BVW FIELD DATA FORMS DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Griffin Eng. Prepared by: Brendan Quigley Project location: Alameda St Salem DEP File#,: Check all that apply: Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and 11 F-1 Method other than dominance test used (attach additional information) Section 1. Vegetation Observation Plot Number: TIPI (wet) Date of DATA PLOT: 10/29/14 & 8/23/16 A.Sample Layer and Plant Species B.Percent Cover C.Percent D. Dominant Plant E. Welland (or basal area) Dominance (yes or no) Indicator Category* Shrub Arrowood Viburnum dentatum 60 75 YES FAC* Buttonbush Cephalanthus occidentalis 20 25 YES OBL* Herb Royal Fern Osmunda regalis 2 50 Yes OBL* Poison ivy Toxicodendron radicans 2 50 Yes FAC* Use an asterisk to mark wetland indicator pints:plant species listed in the Wetlands Protection Act(MGL c.13 1,s.40);plants in the genus Sphagnum; plants listed as FAC,FAC+, FACW-, FACW+,or OBL;or plants with physiological or morphological adaptations.If any plants we identified as wetland indicator p lants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 4 Number of dominant non-wetland indicator plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YES T1P1 Wet Section 111. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation E] Site inundated: F Depth to free water in observation hole: 1. Soil Survey Depth to soil saturation in observation hole: Water marks: Is there a published soil survey for this site? Drift Lines: Debris title/date: Essex South El Sediment deposits: map number: digital data El Drainage patterns in BVW: soil type mapped: Chatfield-Hollis Rock Outcrop Oxidized rhizospheres: hydric soil inclusions: Water-stained leaves: E] Recorded data(stream, lake,or tidal gauge; aerial photo;other): Are field observations consistent with soil survey: Yes Remarks: El Other: directly adiacent pond Site has a long history of industrial use and disturbance. 2. Soil Description Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color YES NO A 0-6 2.5Y 3/1 Bs' 6-18 2.5Y 4/1 10 YR 3/6 2% Number of wetland indicator plants > number of non-wetland indicator plants Weiland hydrology present: Remarks: hydric soil present El 3. Other: other indicators of hydrology present Z El Conclusion: Is soil hydric?Yes F.3 (national v7) Sample locations is in a BVW Z El Subinit thisjorm with the Requestfor Detertnination ofApplicability or Notice of Intent. DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form Applicant: Griffin Eng. Prepared by: Brendan Quigley Project location: Alameda St Salem DEP File#: Check all that apply: r-1 Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only z Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and 11 n Method other than dominance test used(attach additional information) Section 1. Vegetation Observation Plot Number: TlP2 Upl Date of DATA PLOT: 10/29/14& 8/23/16 A. Sample Layer and Plant Species B. Percent Cover C.Percent D. Dominant Plant E. Wetland (or basal area) Dominance (yes or no) Indicator Category* Tree Crabapple Malus sp. 60 -- NI (not counted) Black Cherry Prunus serotina 20 100 YES FACU Shrub Oriental Bittersweet Celastrus orbiculata 15 75 YES FACU Red Cedar Juniperus virginiana 5 25 YES FACU Use an asterisk to mark wetland indicator plants:plant species listed in the Wetlands Protection Act(MGL c.13 1,s.40);plants in the genus Sphagnum; plants listed as FAC,FAC+,FACW-, FACW+,or OBL;or plants with physiological or morphological adaptations.If my plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 3 Number of dominant non-wetland indicator plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? YES TIP2 UPL Section H. Indicators of Hydrology Other Indicators of Hydrology: (check all that apply and describe) Hydric Soil Interpretation F� Site inundated: F-1 Depth to free water in observation hole: 1. Soil Survey F� Depth to soil saturation in observation hole: F-1 Water marks: Is there a published soil survey for this site? Drift Lines: title/date: Essex South Sediment deposits: map number: digital data El Drainage patterns in BVW:—::::A, �jj soil type mapped: Chatfield-Hollis Rock Outcrop El Oxidized rhizospheres: # hydric soil inclusions: R Water-stained leaves: Recorded data(stream, lake,or tidal gauge; aerial photo; other): Are field observations consistent with soil survey: Yes Remarks: Other: Site has a long history of industrial use and disturbance. 2. Soil Description Vegetation and Hydrology Conclusion Horizon Depth Matrix Color Mottles Color YES NO A 0-6 2.5Y 4/3 No redox Bs' 6-18 2.5Y 5/4 Number of wetland indicator plants El Z > number of non-wetland indicator plants Weiland hydrology present: Remarks: hydric soil present El Z 3. Other: other indicators of hydrology present El 0 Conclusion: Is soil hydric?No Sample locations is in a BVW El Z Submit thisjorm with the Requestfor Determination ofApplicability or Notice of Intent. ATTACHMENT F AFFIDAVIT OF SERVICE, NOTICE TO ABUTTERS, & CERTIFIED LIST OF ABUTTERS Affidavit of Service Under the Massachusefts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the local Conservation Commission when filing a Notice of Intent) 1, Robert Griffin, hereby certify under the pains and penalties of perjury that on August 25, 2016, notification was given to abutters in compliance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance by Town & Country Homes of New England, Inc. . with the Salem Conservation Commission on —August 25, 2016 , for the extension of the existing Almeda Street roadway for the development of two existing single-family residential lots with associated residence construction, driveways, utilities, and landscaping. The work is to be performed at and in the vicinity of 14 and 16 Almeda Street in Salem, Massachusetts. The form of notice, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. 8/25/16 Robert H. Griffin, P.E. Date Notification to Abutters Under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, you are hereby notified that: A. The name of the applicant is Town & Country Homes of New England, Inc. B. The applicant has filed a Notice of Intent with the Salem Conservation Commission seeking permission to extend the existing Almeda Street roadwaV for the development of two existing single-family residential lots with associated residence construction, driveways, utilities, and landscaping. . Such work is within wetland resource areas subject to protection under the Wetlands Protection Act (Mass. General Laws Chapter 131, Section 40) and the City of Salem Wetlands Protection Ordinance. C. The address of the property where the work is proposed is 14 & 16 Almeda Street(Map 14 Lot 116 & 117) in Salem. D. Copies of the Notice of Intent may be examined at the Salem Conservation Commission Office, 3rd Floor of the City Hall Annex, 120 Washington Street, Salem, MA between the hours of 8:00 AM and 4:00 PM, Monday through Wednesday: 8:00 AM and 7:00 PM Thursday, and 8:00 and 12:00 PM Friday. E. Copies of the Notice of Intent may be obtained from (check one) either the applicant or the applicant's representative X by calling this telephone number: 978.927.5111. F Information regarding the date,time, and place of the public hearing may be obtained from the Salem Conservation Commission Office, 3rd Floor of City Hall Annex, 120 Washington Street, Salem, MA by calling this telephone number (978-745-9595) betweenthehours of 8:00 AM and 4:00 PM, Monday through Wednesday: 8:00 AM and 7:00 PM Thursday, and 8:00 and 12:00 PM Friday. Note: Notice of this Public Hearing, including its date, time, and place, will be published at least 5 days in advance in the Salem Evening News . The tentative date for the hearing will be September 8, 2016. Note: Notice of the Public Hearing, including its date, time, and place, will be posted in the City Hall not less than 48-hours in advance. Note: You may also contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP call: Central Region: (508) 792-7650 Northeast Region: (978) 694-3200 Southeast Region: (508) 946-2714 Western Region: (413) 784-1100 List of Property Owners and Abutters The Notification to Abutters Form has been forwarded by Certified Mail (return receipt requested) to the following abutters and property owners within one hundred feet of the property lines of the land where the activity under the jurisdiction of the Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance is proposed: THE FOLLOWING LISTING WAS OBTAINED FROM THE CITY OF SALEM ASSESSORS OFFICE VIA THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT IN AUGUST 2016. CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: Mai)- 14-0116-0 Map-14-0017-0 DATE: 08/16/2016 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "abutters and property owners" (as defined by Wetlands Protection Act 3 10 CMR 10.05(4)(a)) to the parcel(s) of land listed above as the project site. Assessor's Signature: ..'e: Number of initialed pages attached: Once Certified, Return to: Tom Devine, Department of Planning and Community Development c�76�P- Y, 3- Zi co 10 -5M IQWft Nnt�onMIW016WID32AM Parcel ID: 14-0116-0 Parcel ID 14-0117-0 Parcel ID: 14-0095-0 BELLEAU VERONICA M BELLEAU GEORGE D CALLAHAN JENNIFER A 21 A YE OLD COUNTY ROAD 532 LOWELL STREET CALLAHAN MICHAEL E JR GLOUCESTER, MA 01931 PEABODY, MA 01960 24 CHERRY HILL AVE SALEM, MA 01970 Parcel ID: 14-0096-0 Parcel ID: 14-0118-0 Parcel ID: 14-0119-0 DULONG PAUL G KANTOROSINSKI EWA BEATA MASSACHUSETTS ELECTRIC DULONG LINDA C 8 ALMEDA STREET C/O PROPERTY TAX DEPT 22 CHERRY HILL AVE SALEM.MA 01970 40 SYLVAN ROAD SALEM, MA 01970 WALTHAM, MA 02451 Parcel ID: 14-0120-0 Parcel ID: 14-0136-0 Parcel ID: 14-0197-0 LEDGEWOOD HILLS REALTY SALEM CITY OF HARLOW-POWELL DONALD DIBIASE PAUL TR HARLOW-POWELL MARIA P 0 BOX 780 12 ALMEDA STREET LYNNFIELD, MA 01940 SALEM, MA 01970 Parcel ID: 14-0303-0 MASSACHUSETTS ELECTRIC C/O PROPERTY TAX DEPT 40 SYLVAN ROAD WALTHAM, MA 02451 CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: Map- 14-0116-0 - MLap-14-0017-0 DATE: 08/16/2016 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property tine of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "abutters and property owners" (as defined by Wetlands Protection Act 3 10 CMR 10.05(4)(a)) to the parcel(s) of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: Once Certified,Return to: Tom Devine, Department of Planning and Community Development A -DR R, 10 I to tp 10 10 Printed on OWIW016 at 10 32 AM Parcel ID: 14-0116-0 Parcel ID: 14-0117-0 Parcel ID: 14-0095-0 BELLEAU VERONICA M BELLEAU GEORGE D CALLAHAN JENNIFER A 21A YE OLD COUNTY ROAD 532 LOWELL STREET CALLAHAN MICHAEL E JR GLOUCESTER, MA 01931 PEABODY, MA 01960 24 CHERRY HILL AVE SALEM, MA 01970 Parcel ID: 14-0096-0 Parcel ID:14-0118-0 Parcel ID: 14-0119-0 DULONG PAUL G KANTOROSINSKI EWA BEATA MASSACHUSETTS ELECTRIC DULONG LINDA C 8 ALMEDA STREET C/O PROPERTY TAX DEPT 22 CHERRY HILL AVE SALEM, MA 01970 40 SYLVAN ROAD SALEM, MA 01970 WALTHAM, MA 02451 Parcel ID: 14-0120-0 Parcel ID:14-0136-0 Parcel ID: 14-0197-0 LEDGEWOOD HILLS REALTY SALEM CITY OF HARLOW-POWELL DONALD DIBIASE PAUL TR HARLOW-POWELL MARIA P 0 BOX 780 12 ALMEDA STREET LYNNFIELD, MA 01940 SALEM, MA 01970 Parcel ID: 14-0303-0 MASSACHUSETTS ELECTRIC C/O PROPERTY TAX DEPT 40 SYLVAN ROAD WALTHAM, MA 02451 Parcel ID: 14-0116-0 Parcel ID: 14-0117-0 Parcel ID: 14-0095-0 BELLEAU VERONICA M BELLEAU GEORGE D CALLAHAN JENNIFER A 21 A YE OLD COUNTY ROAD 532 LOWELL STREET CALLAHAN MICHAEL E JR GLOUCESTER, MA 01931 PEABODY, MA 01960 24 CHERRY HILL AVE SALEM, MA 01970 Parcel ID: 14-0096-0 Parcel ID: 14-0118-0 Parcel ID: 14-0119-0 DULONG PAUL G KANTOROSINSKI EWA BEATA MASSACHUSETTS ELECTRIC DULONG LINDA C 8 ALMEDA STREET C/O PROPERTY TAX DEPT 22 CHERRY HILL AVE SALEM,MA 01970 40 SYLVAN ROAD SALEM,MA 01970 WALTHAM,MA 02451 Parcel ID:14-0120-0 Parcel ID: 14-0136-0 Parcel ID: 14-0197-0 LEDGEWOOD HILLS REALTY SALEM CITY OF HARLOW-POWELL DONALD DIBIASE PAUL TR HARLOW-POWELL MARIA P 0 BOX 780 12 ALMEDA STREET LYNNFIELD, MA 01940 SALEM, MA 01970 Parcel ID: 14-0303-0 MASSACHUSETTS ELECTRIC C/O PROPERTY TAX DEPT 40 SYLVAN ROAD WALTHAM,MA 02451