50 FORT AVENUE, STRAMSKI WAY - ZONING Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Department of Environmental Protection
One Winter Street Boston, MA 02108•617-292-5500
DEVAL L.PATRICK RICHARD K.SULLIVAN JR
Governor Secretary
RECEIVED DAVID CASH
Commissioner
MAY 01 2014
DEPT OF PLANNWG&
South Essex Sewerage District COMMUNITY D-EVELOPMENT
c/o Parsons Brinckerhoff
75 Arlington Street
Boston, MA 02116
Attn: Rachel J. Bur ckardt, P.E.
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE 9U 14
Waterways License Application No. W13-4008, License No. 13680
Salem Harbor, Salem/Marblehead, Essex County
Dear Licensee,
The Department of Environmental Protection hereby issues the above-referenced Waterways
license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91, the Public
Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure
or fill not authorized by this license shall render this license void.
This License is not final until all administrative appeal periods from this License have elapsed, or if
such an appeal has been taken, until all proceedings before the Department have been completed.
The appeal period is for twenty-one (21) days. No work shall be undertaken until the License has
become final and has been recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property
RECORDING OF THE LICENSE
This License must be recorded at the County Registry of Deeds or, if registered land, with the Land
Registration Office within sixty (60) days from the date of license issuance. In the case of recorded
land, the License shall also be noted in [he Registry's Grantor Index under the name of the owner
of the land upon which the project is located. In the case of the registered land, the License shall
also be noted on the Land Court Certificate of Title of the owner of the land upon which the project
is located. Failure to record this license within sixty (60) days of the date of issuance will
render this license void pursuant to 310 CMR 9.18.
A Waterways License Recordation Notice Form has been enclosed for your use in notifying the
Department of the recording information for this License. Failure to notify the Department of the
recording of this license is a violation of 310 CMR 9.00 and is subject to enforcement action
by the Department. '
REQUEST CERTIFICATE OF COMPLIANCE
Pursuant to 310 CMR 9.19, once the proposed project is completed you must file a Request for a
,Certificate of Compliance form, BRP WW05, within sixty (60) days of completion but in no event
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1.866-539-7622 or 1.617-574-6868
MassDEP Website:w vmass.gov/dep
Printed on Recycled Paper
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W134008, License No. 13680
Salem Harbor, Salem/Marblehead, Essex County
later than five (5) years from the License's issuance date. The license for any project for which
such a request is not filed and certificate issued may be revoked pursuant to 310 CMR 9.26.
APPEAL RIGHTS AND TIME LIMITS
The following persons shall have the right to an adjudicatory hearing concerning this decision by
the Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(1): (a) an
applicant who has demonstrated property rights in the lands in question, or which is a public
agency; (b) any person aggrieved by the decision of the Department to grant a license or permit
who has submitted written comments within the public comment period; (c) ten (10) residents of the
Commonwealth who, pursuant to M.G.L. c. 30A, § 10A, have submitted comments within the public
comment period with at least 5 of the 10 residents residing in the municipality(s) in which the
license or permitted activity is located. The appeal shall clearly and specifically state the facts and
grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit
stating the intent to be part of the group and to be represented by its authorized representative; (d)
the municipal official in the affected municipality who has submitted written comments within the
public comment period; and (e) CZM, for any project identified in 310 CMR 9.13(2) (a) for CZM
participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public
comment period.
A person requesting an adjudicatory hearing must submit a "Notice of Claim" to the Department,
with a copy of the MassDEP Transmittal Form and including the detail specified below, within
twenty-one (21) days of the date of issuance of this decision. The MassDEP Fee Transmittal Form
is available at the following website: htti)://www.mass.gov/eea/docs/deo/service/adr/adiherfm.doc.
The Notice of Claim must be made in writing and sent by certified mail or hand delivery to:
Case Administrator
MaasDEP
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand
delivery to: (1) the applicant, (2) the municipal official of the city or town where the project is
located, and (3) the issuing office of the MassDEP, which in this case is located at:
MassDEP Waterways Regulation Program
One Winter Street, 5t" Floor
Boston, MA 02108
The MassDEP Fee Transmittal Form and a valid check payable to the Commonwealth of
Massachusetts in the amount of one hundred dollars ($100) must be mailed to:
Mass. Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
CONTENTS OF APPEAL REQUEST
Pursuant to 310 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include
the following information:
(a) the MassDEP Waterways Application File Number;
(b) the complete name, address, fax number and telephone number of the applicant;
(c) the address of the project;
RE: ISSUANCE OF CHAPTER 91 WATERWAYS LICENSE
Waterways License Application No. W13-4008, License No. 13680
Salem Harbor, Salem/Marblehead, Essex County
(d) the complete name, address, fax number, and telephone number of the party filing the
request and, if represented by counsel, the name, address, fax number, and phone number
of the attorney;
(e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party
satisfies the definition of"aggrieved person" found in 310 CMR 9.02;
(f) a clear statement that a formal adjudicatory hearing is being requested;
(g) a clear statement of the facts which are the grounds for the proceedings, the specific
objections to the MassDEP's written decision, and the relief sought through the adjudicatory
hearing, including specifically the changes desired in the final written decision; and
(h) a statement that a copy of the request has been sent to: the applicant and the municipal
official of the city or town where the project is located.
DISMISSAL OF REQUEST
The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt
or is granted a waiver. The filing fee is not required if the appellant is a city or town (or municipal
agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR
4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A
person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of
undue financial hardship together with the hearing request as provided above.
Please feel free to contact David B. Slagle of the Waterways Regulation Program, (617) 654-6520,
if you have any questions pertaining to the recording of your Waterways license or Certificate of
Compliance.
Sincerely,
Ben Lynch
Program Chief
Waterways Regulation Program
cc: Salem, Mayor and City Council
Marblehead. Board of selectmen
Salem/Marblehead, Conservation Commissions
Salem/Marblehead, Planning Boards
SaiemiMarbiehead, Harbormasters
Ecc: DEP/NE Wetlands File #
EOEEA, MEPA Unit File #
Enclosure(s) Waterways License# 13680
Notification of Waterways License Recordation form
Michael Girvan
Waterways Regulation Program
Department of Environmental Protection
1 Winter Street, 5th Floor
Boston, Massachusetts 02108
RE: NOTIFICATION OF RECORDING THE WATERWAYS LICENSE
Waterways License No. 13680
Salem Harbor, Salem/Marblehead, Essex County
Dear Mr. Girvan:
This is to notify you that the above referenced Waterways license was recorded with the
appropriate Registry of Deeds/ Land Court for this project location and to provide your office with
the following recordation information.
Date of Recordation:
County Registry of Deeds/ Land Court:
Book number , and page number(s)
We will apply for a Certificate of Compliance with your office when the authorized work or change
in use is completed.
Sincerely,
Chapter 91 Waterways Licensee
License is void if not recorded within sixty (60)days of issuance.
.�Pie eenunomveatth o f .l fwjachwetb
No. 13680
Whview, South Essex Sewerage District
of -- Salem --, in the County of -- Essex -- and Commonwealth aforesaid, has applied to the
Department of Environmental Protection for license to -- replace and maintain approximately
6000 ft of both 20-inch and 24-inch pipelines with twin 24-inch High Density Polyethylene
pressure mains across Salem Harbor. The pressure main will be installed between the existing
Valve Structure A, Marblehead and Value Structure B, Salem. Approximately 39,OOO.cubic yards
of sediment will be sidecasted and returned to the trench after pipeline is placed. -----
and has submitted plans of the same; and whereas due notice of said application has been given,
as required by law, to the -- Mayor and City Council -- of the -- City of Salem; and Board of
Selectmen — of the --Town of Marblehead -----------
NOW, said Department, having heard all parties desiring to be heard, and having fully considered
said application, hereby, subject to the approval of the Governor, authorizes and licenses the said
-- South Essex Sewerage District --, subject to the provisions of the ninety-first chapter of the
General Laws, and of all laws which are or may be in force applicable thereto, to -- replace and
maintain approximately 6000 ft of both 20-inch and 24-inch pipelines with twin 24-inch High
Density Polyethylene pressure mains across Salem Harbor. The pressure main will be installed
between the existing Valve Structure A, Marblehead and Value Structure B, Salem.
Approximately 39,000 cubic yards of sediment will be sidecasted and returned to the trench after
pipeline is placed -----
in and over filled and flowed tidelands of Salem Harbor at 50 Fort Avenue in the City of Salem
and Stramski Way in the Town of Marblehead; and in accordance with the locations shown and
details indicated on the accompanying DEP License Plan No. 13680, (8 sheets).
License No. 13680 Page 2
The structures hereby authorized shall be limited to the following uses: to provide for the
conveyance of sewage and to dredge.
SPECIAL WATERWAYS CONDITIONS
This license shall have an unlimited term.
The dredging portion of the license shall be valid for a term of five years.
In order to protect spawninlq larval and juvenile development of winter flounder dredging is not
allowed between April 15 h and June 30th, .unless an amendment to the Water Quality
Certification, issued January 21, 2014, allowing incursion into the no dredging time period has
been granted.
Adequate notice shall be given to the Salem and Marblehead Harbormasters and boating
communities of the time and dates of work within the area of the Federal Channel.
All work authorized herein shall be completed within five (5) years of the date of license issuance.
Said construction period may be extended by the Department for one or more one year periods
without public notice, provided that the Applicant submits to the Department thirty (30) days prior
to the end of the construction period, a written request to extend the period and provides
adequate justification for said extension.
Within sixty (60) days of completion of the licensed project, the Licensee shall request in writing
that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19. The
request shall be accompanied by a certification by a registered professional engineer licensed in
the Commonwealth that the project was completed in accordance with the License.
Please see pages 3 and 4 for additional conditions to this license. -----------------------------------------
-------------------------------------------------------------------------------------------------------
Duplicate of said plan, number 13680 on file in the office of said Department, and original of said
plan accompanies this License, and is to be referred to as a part hereof.
License No. 13680 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions
stated herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the
provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this
License.
3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance
by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of
the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration
of any structure or fill authorized herein shall render this Waterways License void.
4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth
herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the
Licensee and those persons who have filed a written request for such notice with the Department and afforded them a
reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written
notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause
removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized
and unlawful structure and/or fill.
5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and
conditions stated herein and the details indicated on the accompanying license plans.
6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or
controlled by the Licensee,except with the written consent of the owner or owners thereof.
7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and
regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act, G.L.
Chapter 131, s.40.
8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby
shall be in strict conformance with all applicable requirements and authorizations of the DEP.
9. This License authorizes structure(s)and/or fill on:
Private Tidelands. In accordance with the public easement that exists by law on private tidelands,the licensee shall allow
the,—public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for
the purposes of fishing,fowling, navigation, and the natural derivatives thereof.
X Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful
purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the
benefit of the public.
_a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands
lying seaward of the high water mark for any lawful purpose.
_Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful
purpose,in the waterway.
No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the
subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that
would impede or discourage the free flow of pedestrian movement thereon.
License No. 13680 Page 4
STANDARD WATERWAYS DREDGE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the licensee to conform to all terms and
conditions stated herein.
2. This license is issued upon the express condition that any and all other applicable authorizations necessitated due
to the provisions hereof shall be secured by the licensee prior to the commencement of any activity hereby
authorized.
3. This license shall be revocable by the Department for noncompliance with the terms and conditions set forth
herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to
the licensee, or his agent, and those persons who have filed a written request, with the Department, for such notice
and have afforded the licensee a reasonable opportunity to correct said noncompliance. Failure to correct said
noncompliance after the issuance of a written notice by the Department shall render this license void.
4. This license is issued subject to all applicable federal, state, county, and municipal laws, ordinances, by-laws, and
regulations, including but not limited to, a valid Order of Conditions issued pursuant to the Wetlands Protection Act,
M.G.L. Chapter 131, s.40. In particular, this issuance is subject to the provisions of Sections 52 to 56, inclusive of
Chapter 91 of the General Law and its Regulations 310 CMR 9.40(5), which provides, in part, that the transportation
and dumping of the dredge material shall be done under the supervision of the Department, and, when required, the
licensee shall provide at his/her expense a dredge inspector approved by the Department. When said inspector is
required, a report certified by the dredge inspector shall be submitted to the Department within 30 days after the
completion of the dredging. The report shall include daily logs of the dredging operation indicating volume of dredge
material, point of origin, point of destination and other appropriate information.
5. This Waterways License is issued upon the express condition that dredging and transportation and disposal of
dredge material shall be in strict conformance with all applicable requirements and authorizations of the Department.
6. All subsequent maintenance dredging and transportation and disposal of this dredge material, during the term of
this license, shall conform to all standards and conditions applied to the original dredging operation performed under
this license.
7. After completion of the work authorized, the licensee shall furnish, to the Department a suitable plan showing the
depths at mean low water over the area dredged. The dredging under this license shall be conducted as to cause no
unnecessary obstruction of the free passage of vessels. in doing the dredging authorized, care shall be taken to
cause no shoaling. If, however, any shoaling is caused, the licensee shall, at his expense remove the shoal areas.
The licensee shall pay all costs of supervision, and if at any time the Department deems necessary a survey or
surveys of the area dredged, the licensee shall pay all costs associated with such work. Nothing in this license shall
be construed as to impair the legal rights of any persons, or authorize dredging on land not owned by the licensee
without consent of the owner(s) of such property.
8. The licensee shall assume and pay all claims and demands arising in any manner from the work authorized
herein, and shall save harmless and indemnify the audits, damages, costs and expenses incurred by reason thereof.
9. The licensee shall, at least three days before commencing any dredging in the tide water, give written notice to
the Department of the time, location and amount of the proposed work.
10. Whosoever violates any provisions of this license shall be subject to a fine of$25,000 per day for each day such
violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or
shall be subject to civil penalty not to exceed $25,000 per day for each day such violation occurs or continues.
License No. 13680 Page 4
The amount of tidewater displaced by the work hereby authorized has been ascertained by said
Department, and compensation thereof has been made by the said — South Essex Sewerage.
District -- by paying into the treasury of the Commonwealth -- zero dollars and zero cents ($0.00)--
for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu.
yds. _ $0.00)
Nothing in this License shall be so construed as to impair the legal rights of any person. This
License shall be void unless the same and the accompanying plan are recorded within 60 days from
the date hereof, in the Registry of Deeds for the County of-- Essex -------
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their
hands this 29th day of April in the year two thousand and fourteen
Commissioner Department of
�Iq � Environmental
Program Chief 6�J �` Protection
THE COMMONWEALTH OF MASSACHUSETTS
This license is approved in consideration of the payment into the treasury of the Commonwealth by
the said —South Essex Sewerage District
--the further sum of-- zero dollars and zero cents ($0.00)
the amount determined by the Governor as a just and equitable charge for rights and privileges
hereby granted in the land of the Commonwealth.
BOS
Approved by the Governor.
Governor
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HALF SECTION HALF SECTION
IN O IN ROCK
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REMOVE & REPAIR 5'fTYP)
g SLOPED REVETMENT EXIST.
EXISTING GRADE (WHERE REQUIRED)
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BACKFILL VARIES (TRANSITION
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WD
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PLAN ACCOMPANYING CHAPTER 91 LICENSE PLAN Pit 03�
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PIPELINE REPLACEMENT PROJECT.
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MARBLEHEAD, MASSACHUSETTS MARBLEHEAD PIPELINE REPLACEMENT
PROJECT
DATE: MAR 2014 SHEET 8 OF 8