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10 WHITE STREET - ZONING (2) CHAPTER 91 LICENSE No. .0 Application for' License Amendment ASSOCIATES,INC. ' Proposed Vine Associates,Inc. 'r ,�` 4 ,.-• . 372 Merrimac St. ' Newburyport,MA 01950 I' 978-465-1428 j 978-465-2640 �n ' ar ft+s�pY s'x 1 Submitted to: Department of Environmental Protection Waterways Program One Winter Street, 6th Floor ' Boston, MA 02108 Submitted by: Vine Associates, Inc. 372 Merrimac Street ` Newburyport, MA 01950 1 February 4,2009 Susan St,Piero,AICP ,� PPoaipal Vi n e Tel(978)465-1428 ext,202 n ASSOCIATES,INC. Fax(978)465-2640 Newbu ort- Cell(781)439-2461 syp Hingham q0 wateetmnt consultants ssepierre@vineassociates.net �S N 372 Merrimac Street 333 NewburypoM MA 01950 Susan St.Pierre,AICP - Prieaipal d Vi n e Tel(978)465-1428 ext.202 ASSOCIATES,INC. F.(979)465-2640 Newburyport-Hingham-Bourne Cell(781)439-2461 sst.piette@vineassociates.net � Waterfront Consultants 372 Merrimac Street Newbutyport,MA 01950 /f2G� a �f/S-Co ;.-:. /ry1 0� �G, r� /J�r /� .S�' - _�� a�r�i� ��,�� 1 I 1 February 4, 2009 1 Mr. David Slagle ASSOCIATES, INC.'� 1 Waterways Program Department of Environmental Protection Northeast Region 1 One Winter Street Newt+uryyort Boston, MA 02108 Massachusetts 01950 1 Re: Proposed Replacement of Marina Building Hawthorne Cove Marina (978)465-1428 DEP Chapter 91 License No. 1590 Fax 1 Dear Mr. Slagle, (978)465-2640 1 On behalf of the Hawthorne Cove Marina and pursuant to the state Chapter 91 regulations at 310 CMR 9.24, Vine Associates, Inc. (VAI) is requesting an amendment to the above- 1 referenced Chapter 91 license to allow the reconstruction of the marina support building lost to fire in 2007 at the Hawthorne Cove Marina in Salem, MA. 1 As shown on the attached plans, the footprint of the proposed structure (2,160 square feet) is smaller than the footprint of the former structure (2,280 square feet) and the building will 1 be placed in a different location closer to shoreline. Additional information is presented in Attachment 3. We have received an Order of Conditions from the Salem Conservation Commission which is provided in Attachment 6. 1 If you have any questions, or require additional information, please do not hesitate to contact our office. Thank you for your consideration. 1 Sincerely, Vine Associates, Inc. 1 Susan St. Pierre 1 Project Manager Attachments 1 CC: Russ Vickers 1 ' INDEX ATTACHMENT 1 Transmittal Form and Fee Payment ATTACHMENT 2 Chapter 91 License Application Form and License Drawings ' ATTACHMENT 3 Project Description I ' ATTACHMENT 4 Abutters List ' ATTACHMENT 5 License No. 1590 ATTACHMENT 6 Order of Conditions DEP# 64-485 1 1 1 ' ATTACHMENT 1 Transmittal Form and Fee Payment Enter your transmittal number r x226055 ' I Transmittal Number Your unique Transmittal Number can be accessed online: http://mass.aov/deo/service/online/trasmfrtn shtml or call MassDEP's Infol-ine at 617-338-2255 or 800-462-0444(from 508,781,and 978 area codes). Massachusetts Department of Environmental Protection ' Transmittal Form for Permit Application and Payment 1. Please type or A. Permit Information print.A separate ' Transmittal Forth BRP WW03b Waterways License Amendment must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category for each permit application. Construct replacmement marina building 3.Type of Project or Activity ' 2. Make your check payable to B. Applicant Information - Firm or Individual the Commonwealth of Massachusetts Hawthorne Cove Marina ' and mail it with a 1.Name of Firm-Or,if a needing this a copy of this form to: party 9 approval is an individual enter name below: DEP,P.O.Box Vickers Russ 4062,Boston, MA 2.Last Name of Individual 3.First Name of Individual 4.MI 02211. 10 White Street 5.Street Address 3. Three copies of Salem MA 01970 978.740.9890 this forth will be 6.Cityrrown 7.State 8.Zip Code 9.Telephone# 10.Ext.# needed. ' Russ Vickers Copy 1 -the 11.Contact Person 12.e-mail address(optional) original must accompany your permit application. C. Facility, Site or Individual Requiring Approval ' Copy 2 must accompany your Same as Above fee payment. 1.Name of Facility,Site Or Individual Copy 3 should be ' retained for your 2.Street Address records 4. Both fee-paying 3.City/Town 4.Stale 5.Zip Code 6.Telephone# 7.Ext.# and exempt ' applicants must 8.DEP Facility Number(if Known) 9.Federal I.D.Number(if Known) 10. BWSC Tracking#(if Known) mail a copy of this transmittal for,to: D. Application Prepared by (if different from Section B)* ' .O.Box 4062 PVine Associates, Inc. P.O.Bo Boston,MA 1. Name of Finn Or Individual 02211 372 Merrimac Street ' 2.Address Newburyport MA 01950 978.465.1428 201 •Note: For BWSC Permits, 3.Cityrrown 4.State 5.Zip Code 6.Telephone# 7.Ext.# enter the LSP. Susan St. Pierre ' 8.Contact Person 9.LSP Number(BWSC Permits only) E. Permit - Project Coordination ' 1. Is this project subject to MEPA review? ❑ yes ® no If yes, enter the project's EOEA file number-assigned when an Environmental Notification Form is submitted to the MEPA unit: ' EOEA File Number F. Amount Due DEP Use Only Special Provisions: ' 1. ❑Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less). Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status. 2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c). Rec'd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10). ' 4. ❑Homeowner(according to 310 CMR 4.02). Reviewer., 11656 $105.00 2/2/2009 Check Number Dollar Amount Date ' Attachment 1 Transmittal Form.doc-rev. 1/07 Page 1 of 1 VINE ASSOCIATES,INC. o4,w NEWBURYPONTFIVECENrSSVGS SK 11656 372 Merrimac Street 53-715=113 Newburyport,MA 01950 978-05.1428 2/2/2009 Fax-978-085-2840 i ORDER OFE Commonwealth of Massachusetts $ "105.00 One Hundred Five and 00/100•""""*"'"""""'••""'"•"'""""" """"""'•"•""""""""••"""•••"'•`•'• DOLLARS 8 Commonwealth of MA Chapter 91 11'01 L656 1: 21 k37 L5021: 2970 238 8ii' VINE ASSOCIATES,INC. 11656 Commonwealth of Massachusetts 2/2/2009 Chapter 91-Hawthorne Cove 105.00 i I I Checking/Newburypor Chapter 91 105.00 1 1 1 1 1 ' ATTACHMENT 2 Chapter 91 License Application Form and License ' Drawings Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program 22605 ' Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment Important: Whenfilling outA. Application Information (Check one) forms on the computer,use NOTE: For Chapter 91 Simplified License application form and information see the Self Licensing only the tab key Package for BRP WW06. '. ' to move your cursor-do not Name(Complete Application Sections) Check One Fee Application# use the return key. WATER-DEPENDENT- , -IQ r General (A-H) ❑ Residential with <4 units $175.00 BRP WWola ❑ Other $270.00 BRP WW01b ❑ Extended Term $2730.00 BRP WW01c Forassistance .............................................................................................._............................................................... ' in completing this Amendment (A-H) ❑ Residential with <4 units $85.00 BRP W W03a application,please — see the "Instructions". ® Other $105.00 BRP WW03b NONWATER-DEPENDENT- Full (A-H) ❑ Residential with <4 units $545.00 BRP WW15a 1 ❑ Other $1635.00 BRP WW1 5b ' ❑ Extended Term $2730.00 BRP WW15c ............................................................._...................................................................._.._.._.._.._.._.._.._.._.._ Partial (A-H) ❑ Residential with <4 units $545.00 BRP WW14a ' ❑ Other $1635.00 BRP WW14b ❑ Extended Term $2730.00 BRP WW14c 1 .......................................................................---.._.._..__.._. Municipal Harbor Plan (A-H) ❑ Residential with <4 units $545.00 BRP WW16a ' ❑ Other $1635.00 BRP WW16b ❑ Extended Term $2730.00 BRP WW16c ' Joint MEPA/EIR(A-H) ❑ Residential with < 4 units $545.00 BRP WW17a ❑ Other $1635.00 BRP WW17b ' ❑ Extended Term $2730.00 BRP WW17c Amendment(A-H) ❑ Residential with <4 units $435.00 BRP WW03c ❑ Other $815.00 BRP WW03d ' ❑ Extended Term $1090.00 BRP WW03e 1 CH91App.doc•Rev.6/06 Page t of 13 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 22605 ' Chapter 91 Waterways License Application -310 cMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment ' B. Applicant Information Proposed Project/Use Information 1. Applicant: ' Russ Vickers l Name E-mail Address 10 White Street ' Mailing Address Note:Please refer to the"Instructions" Salem Massachusetts 01970 Cityrrown State Zip Code t 978.740.9890 11 Telephone Number Fax Number 2. Authorized Agent(if any): ' Vine Associates, Inc. s . Jerre vmeassocla s.ne Name E-mail Address 372 Merrimac Street ' Mailing Address Newburyport Massachusetts 01950 Cityrrown State Zip Code ' 978.465.1428 978.465.2640 Telephone Number Fax Number C. Proposed Project/Use Information ' 1. Property Information (all information must be provided): 0 ' Owner Name(if different from applicant) Map 41, Parcels 283, 284 and 298 42 deg 31' 20" 70 deg 52'59" Tax Assessors Map and Parcel Numbers Latitude Longitude 10 White Street, Salem Massachusetts 01970 ' Street Address and Cityrrown State Zip Code 2. Registered Land ❑ Yes ® No 3. Name of the water body where the project site is located: Salem Harbor 4. Description of the water body in which the project site is located (check all that apply): ' Type Nature Designation ❑ Nontidal river/stream ❑ Natural ❑ Area of Critical Environmental Concern ' ❑ Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area ® Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary ❑ Great Pond ❑ Uncertain ' ❑ Uncertain CH91App.doc•Rev.6/06 Page 2 of 13 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 22605 ' Chapter 91 Waterways License Application - 310 cMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment ' C. Proposed Project/Use Information (cont.) Select use(s)from Project Type Table 5. Proposed Use/Activity description ' on pg.2 of the "Instructions" Construction of a new 36 foot by 60 foot single story marina building that will replace a slightly larger building lost to fire in 2007 and installation of associated utilities. See Attachment 3, Project Description. ' 6. What is the estimated total cost of proposed work(including materials & labor)? ' $375,000 7. List the name &complete mailing address of each abutter(attach additional sheets, if necessary). An ' abutter is defined as the owner of land that shares a common boundary with the project site, as well as the owner of land that lies within 50' across a waterbody from the project. See Attachment 4 ' Name Address Name Address ' Name Address 1 D. Project Plans ' 1. I have attached plans for my project in accordance with the instructions contained in (check one): ® Appendix A(License plan) ❑ Appendix B (Permit plan) ' 2. Other State and Local Approvals/Certifications ❑ 401 Water Quality Certificate ' Date of Issuance ®Wetlands 064-485 File Number ❑ Jurisdictional Determination JD- File Number ❑ MEPA File Number ' ❑ EOEA Secretary Certificate Date ❑ 21E Waste Site Cleanup ' RTN Number CH91App.doc•Rev.6/06 Page 3 of 13 1 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 226055 ' Chapter 91 Waterways License Application - 310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment E. Certification All applicants, property owners and authorized agents must sign this page. All future application correspondence may be signed by the authorized agent alone. ' "I hereby make application for a permit or license to authorize the activities I have described herein. Upon my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the premises of the project site at reasonable times for the purpose of inspection." "I hereby certify that the information submitted in this application is true and accurate to the best of my knowledge." rValitit, ' Applicant's signature J Date Property Owner's signature(if different than applicant) Date Agent's signature(if applicable) Date ' CH91App.doc•Rev.6/06 Page 4 of 13 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 22605 ' Chapter 91 Waterways License Application -310 CMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment ' F. Waterways Dredging Addendum 1. Provide a description of the dredging project ' ❑ Maintenance Dredging (include last dredge date R permit no.) ❑ Improvement Dredging No Dredging Proposed ' Purpose of Dredging 2. What is the volume(cubic yards)of material to be dredged? 3. What method will be used to dredge? ❑ Hydraulic ❑ Mechanical ❑ Other 4. Describe disposal method and provide disposal location (include separate disposal site location map) 1 1 5. Provide copy of grain size analysis. If grain size is compatible for beach nourishment purposes, the Department recommends that the dredgedmaterialbe used as beach nourishment for public beaches. Note: In the event beach nourishment is proposed for private property, pursuant to 310 CMR 9.40(4)(a)1, public access easements below the existing high water mark shall be secured by applicant and submitted to the Department. 1 1 � 1 CH91App.doc•Rev.6/06 Page 5 of 13 i 1 o'er T� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 22605 ' Chapter 91 Waterways License Application -310 cMR 9.00 Transmittal No. Water-Dependent, Nonwater-Dependent,Amendment ' G. Municipal Zoning Certificate City of Salem Name of Applicant ' Hawthorne Cove Marina Salem Harbor Salem Project street address Waterway City/Town 1 Description of use or change in use: Construction of a new 36 foot by 60 foot single story marina building that will replace a slightly larger building lost to fire in 2007 and installation of associated utilities. tTo be completed by municipal clerk or appropriate municipal official: ' "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans is not in violation of local zoning ordinances and bylaws." ll ' Thomas St. Pierre d Prints a of Municipal Official Date ' Inspectional Services Director Salem Signature of M icipal Official Title City/Town 1 CH91 App.doc•Rev.6/06 Page 6 of 13 1 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways Regulation Program 226051 ' Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent, Nonwater-Dependent,Amendment ' H. Municipal Planning Board Notification Notice to City of Salem Applicant: Name of Applicant t Section H should Hawthorne Cove Marina Salem Harbor Salem be completed and Project street address Waterway City/rown submitted along ' with the original Description of use or change in use: application material. Construction of a new 36 foot by 60 foot single story marina building that will replace a slightly larger building lost to fire in 2007 and installation of associated utilities. 1 1 To be completed by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application and plans have been submitted by the applicant to the municipal planning board." ' Lynn Duncan, Director Department of Planning & Development n d Name of Municipal official Date Salem ' Sig t re of Municipal Official Title City/Town ' Note: Any comments, including but not limited to written comments, by the general public, applicant, municipality, and/or an interested party submitted after the close of the public comment period pertaining to this Application shall not be considered, and shall not constitute a basis for standing in any further appeal pursuant to 310 CMR 9.13(4)and/or 310 CMR 9.17. 1 CH91App.doc•Rev.6/06 Page 7 of 13 1 w w w w w w w w w wI w w w w w w w w w CERTIFY THAT THIS PLAN , AS PREPARED , CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS . T PILINGS O -L � Jo N � aW Z.u LL 4 O lr W-1i op3p Q1a 3Q Z m a X17 U z � < F s p 0 a wo o m v2 p a n Z w o ��z 0 0 LOCUS MAP n 3Oo J ) L3 t,• VMV3S 31INV89 J CONC. oG 7a o WNQ VN^ �I j %K? GRA'S c➢ U W,Gap jm wa y W w QaW 3r � W � NI zit .y„ e Ln uJ O WJ / / OQ 0 In Qz0 3 o Z y w (D 3 P7 KN Z H O w69'i WVVV o"Q DWELLING I 2 a U S Jaz a3 o�z I d�� ml bo w � - wz yA M 20 < <02 I11 Q J Vpm hal °?� QOM it K ti' Nm W A J o p Q w a d EXIS�NG gU1lDIN TRA1 E BLE w z �4x go Q3 �z. om iz Z _ Aab �K a3 30 a $ �g FU J o J 'AGF 7 8"DRAIN 3 /=030 pD`'.KENGE WO FRA $< WHITE STREET „ OD STORY WO WIDTH) 11`, 2 (PUBLIC-VARIABLE 1� 2 DWELLING a Q 1 CONDOMNUM PLAN PLAN BOOK 155.PLAN 50 Tnommmmd SHEET 1 OF 2 PLAN ACCOMPANYING THE PETITION OF: HAWTHORNE COVE MARINA MARINA BUILDING REPLACEMANT SALEM HARBOR SALEM, MA JANUARY 2009 VINE ASSOCIATES, INC. CERTIFY THAT THIS PLAN , AS PREPARED, CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS . �m -ING Q � Z� (001) P pl 01 o THIS 3: baa iy w r Jo f N aw o LL 2 Z 0 J p ¢ CID 'u Z o �3p w K w p MIW..Y•.. 410 ¢ 4w v=i O ¢ a •. O Z 0 u J ° "'� � a oY (�• •VM""(3S �11Ng'?J`J �j w r "'o _ mow ZG "� '"� SONC. -M 3 XO O u,oggCC leI�,yy�'' _WU w _ LSH zU��r "T - a dM o nP G - Zs� am � k v W_ Otis IVII 330'<� �I oryp � awn 0�Q3Sp �. 3 I O Z D \I�zO V~i N pas +"e —00 x OdQ _ - ^81I w>- w NI o�m0 Wc> < DWELLING Y z M1 • 2 I� O QQ- K W'w w X00^ V ..I zoo LZN d ' ¢ g w<r0 �a n=O O'• ZZ 1 z00wx ¢� V'mU,' ^R:� roo�7 F9Q 1 J cis � m =0 � a1UJ}_ Z Uw o w xw x5w wm wm wmWpp � 1- r u, �wvL� EX15 NG UILDIN _ %'is d \V N iRA1LERs RT BlE w ww-,x o z a u .Qf�µ z` 30 a r U i p B"DRAIN Z0? gl 3 WO I-0.0 1 F2¢ , R=/3_QWw tiv 3 OAwK WJ _ vs.T c 0¢ m ¢ti ��i h o Jzo 7 O z a�w V" D FRA zpoS WHITO E STREET z+SiORY Wp (PUBLIC-VARIABLE WIDTH) 11 111 2 DWELUNGIHAN ELS LANDING III CONDOMINIUM IRD5! PLAN BOON 156. PLAN 50 PLAN ACCOMPANYING THE PETITION OF: HAWTHORNE COVE MARINA MARINA BUILDING REPLACEMANT SALEM HARBOR SALEM, MA 9 aoe JANUARY 2009 ===TM=5=mu=EW SHEET 2 OF 2 VINE ASSOCIATES, INC. 1 1 1 1 1 1 1 1 1 ' ATTACHMENT 3 ' Project Description 1 ATTACHMENT 3 APPLICATION FOR AMEDNDMENT TO CHAPTER 91 LICENSE No.1590 Marina Building Replacement Project Hawthorne Cove Marina ' 10 White Street, Salem,MA PROJECT DESCRIPTION A. Introduction Hawthorne Cove Marina, Inc. desires to construct a new 2,200 square foot (so, one-story wood ' frame marina support building and remove two existing portable/trailer structures from its existing facility on White Street in Salem, MA. Also included is related utility work (water, electric, gas,sewer) to serve the new building including a sewer pump station and outlet pipe to ' the nearby City sewer system in Turner Street. The new building will replace a building lost to fire in 2007. ' B. Site Description and Use ' The Project site is the existing Hawthorne Cove Marina property bounded by Derby Street to the north, White Street to the east, Turner Street to the west, and Salem Harbor to the south containing approximately 1.83 acres. Approximately 0.34 acres (15,000 so of the site and related ' facilities are located on filled tidelands authorized under several under Chapter 91 Licenses listed on Table 1. The entire site consists of a gravel surface. The existing stormwater drainage ' system is limited to one catch basin connected to a 24 inch storm drain line that runs through the site. ' The site currently contains a small 1-story building used as an office, a 2-story building with office/laundry/bathroom facilities and several small sheds used for operations and maintenance tools and supplies. Also on the site are several temporary portable/trailer structures providing additional workshop and maintenance space to replace the space lost when the fire destroyed the marina support building in 2007. ' The site is utilized as a marina with the backland used for vehicle parking during the boating season and storage of boats during the off-season. A boat lift system is utilized to move boats to ' and from the water.There is a boat wash area located just landward of the boat lift. Hawthorne Cove Marina -Chapter 91 License Amendment Application Project Description • Page 1 of 3 Table 1 Chapter 91 Authorization License Issuing Authority Date of Issuance Purpose No. 3348 Harbor&Land Commissioners 1909 Construct solid ' wharf 3615 Harbor&Land Commissioners 1911 Construct seawall and fill 1774 1921 Fill between two solid piers and relocated drain line ' 1792 Department of Public Works 1936 Construct Timber Pier ' 1729 Department of Public Works 1935 Construct Timber Pier 2774 Department of Public Works 1945 (plan only) Material Disposal from Dredging and piling for proposed boat anchorage 2963 Department of Public Works 1947 Construct boat anchorage ' 4752 Department of Public Works 1963 Place floating pier and finger floats and construct boat ram ' 250 Department of Environmental 1977 Construct and Quality Engineering maintain stone dike, fill,piers,travel lift, ramps,floats,finger floats,mooring piles ' and t o dredge in Salem Harbor 1590 Department of Environmental 1986 Re-configure and ' Quality Engineering maintain pile held float system and dredge 1 Hawthorne Cove Marina -Chapter 91 License Amendment Application Project Description • Page 2 of 3 li ' C. Proposed Project Work ' The proposed Project includes the following elements as depicted on Sheet 2 of 2 of the Chapter 91 License Plans: ' • Construction of a new 2,200 sf 1-story wood frame building. This new building will be utilized as office space and marina support space including I' restroom facilities. The foundation will be a post tensioned concrete slab at grade. • Installation of utilities to serve the new building. ' Water and electricity will be obtained from on-site connections to existing buildings. Gas will connect to existing services in Turner Street. A new packaged sewer pump station will be installed on site with outlet piping to the City sewer at an existing manhole in Turner Street. This ' new sewer pump station and connection to the public system will handle the sanitary waste from the new building and adjacent existing building to replace an existing inadequate on-site septic ' system. • Removal of existing temporary trailer structures. ' Existing portable trailer structures providing office,workshop, and storage facilities will be removed from the site once the new building is constructed. D. Waterways Resource Areas The site is comprised of filled and flowed tidelands. No work is proposed in flowed tidelands. The proposed building and utilities will be constructed in filled tidelands that are already used for marina related purposes. Hawthorne Cove Marina -Chapter 91 License Amendment Application Project Description 9 Page 3 of 3 1 1 1 1 1 t ATTACHMENT 4 Abutters List 1 ' ATTACHMENT 4 ABUTTERS LIST ' 41_0278_0 41_0285_801 ' Dominion Energy Salem McCauley Denise M. 625 Liberty Ave 18-1 6 White St. U1 Pittsburgh,PA 15222 Salem, MA 01970 41_0294_0 41_0285_802 Haley Linda C Lawrence,Christopher P 43 Turner St 6 White St. U2 Salem, MA 01970 Salem,MA 01970 41_0285_803 41_0295_0 Whittleton Brett A Iwanicki Anthony Jr 6 White St. U3 47 Turner St Salem,MA 01970 ' Salem,MA 01970 41_0285_804 41_0296_0 Naranjo Carol i ' Northrup Sandra J 6 White St. U4 49 Turner St Salem,MA 01970 Salem,MA 01970 ' 41_0285_805 Smith George L 41_0297_801 6 White St. U5 ' Weeks,Jeffrey R Salem,MA 01970 53 Turner St U1 Salem,MA 01970 41_0299_802 ' Zbyszynski John F 55 Turner St U2 Salem,MA 01970 1 41_0299_0 House of Seven Gables ' 115 Derby St. Salem,MA 01970 1 1 Form WD 54 1 OPP (nvmmnnturatT4 of fRafiliar4wrttff 1 No. 1590 1 Darbie Landing Limited Partnership 1 Of Salem in the County of Essex and Commonwealth 1 aforesaid, has applied to the Department of Environmental Quality Engineering for license to reconfigure and maintain an existing pile-held float system and to dredge and has submitted plans of the same; and whereas Sue notice of said application, and of the time and place fixed for a bearing thereon,has been given,as required by law,to the Mayor and 1 City Council of the city of Salem 1 Whin said Department, having heard all parties desiring to be heard, and having fully considered 1 said application, hereby, , authorizes and licenses the said 1 Darbie Landing Limited Partnership subject to the provisions of the ninety-firstchaptei , of the General Laws, and of all laws which are or may be in force applicable thereto, to ' reconfigure and maintain an existing pile-held float system and to dredge in and over the waters of Salem Harbor and in accordance with the locations shown and details indicated on the accompanying DEQE License Plan No. 1590 1 (5 sheets). 1 _ 1 J �I 1 1 1 1 t ATTACHMENT 5 License No. 5490 ' License:No. 1590 Page 2 The Licensee shall reconfigure and maintain an existing p system and dredge in and over the waters of Salem Harbor and describedfl at follows. An existing pile-held float system as depicted on DEQE License Plan No. ' 1590 (sheet 1 of 5), previously authorized under DEQE License No. 250 and D.P.W. Licens Nos. 4752, 2963, and 1792, shall be reconfigured as shown on said License Plan (sheet 2 of 5). ' Two irregularly shaped areas as shown on said License Plan (sheet 1 of 5) shall be dredged to a typical depth of 7 feet below the mean low water datum. Approximately 6,700 cubic yards of sediment shall be dredged with all dredge ' spoils to be disposed of at the "Foul Area. " All work authorized hereby shall be performed in strict accordance with the Order of Conditions issued to said Licensee by the Salem Conservation ' Commission on September 25, 1986 and the Water Quality Certification issued by DEQE Division of Water Pollution Control on November 19, 1986. ' The structures authorized hareby shall be limited to the following use: commercial recreational boating facilities. All. work authorize th the details d herein shall. be,-in the -.location shown and- in-accordance' wiindicated on bEQE License Plan No. 1590. 1 Please see page 3 for additional conditions to this license. 1 ' Dupliclte of said plan, numbered 1590 is on file in the office of said De and original of said plan accompanies this License, and is to be referred to as a part hereof. pent The amount of tide-water displaced by the work hereby authorized has been ascertained by said Department,and compensation thereof has been made b the said Partnership Y Darbie Landing Limited ' Waterways License No. 1590 Page 3 t STANDARD LICENSE CONDITIONS ' I. Acceptance of this Waterways License shall the Licensee, to conform with all terms andconditiions�statednherein.aremby ' 2. This . License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof 1 shall be secured ELIE to the commencement of any activity authorized pursuant to this License. ' 3. Any change in use or substantial structural alteration of any structure or fill authorized pursuant to this License shall require the issuance by . the Department of a new License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. ' Any unauthorized change in use or substantial structural alteration of any structure or fill authorized in this License shall render the License void. This License granted... by. the Department pursuant to this. chapter shall be revocablefor- noncompliance -with the terms and conditions set forth herein. 4. Nothing in this 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. ' 5. This License is granted subject to all applicable Federal , State, County, and Municipal Laws, ordinances and regulations. 6. This License is granted upon the express condition that use by boats or ' otherwise of the structure(s) and/or fill authorized hereby shall not involve any discharge of wastewater, sewage, petroleum products., or other Polluting matter into adjacent waters, except in strict conformance with the requirements and authorizations of any applicable local and State health departments and the DEQE Division of Water Pollution Control . ' This License . is granted upon the express condition that the Licensee, its essors and assigns, shall upon request in writing by the Department, n e the location of said herein, lower to h depth, raise it to authorized ' entirely from . said wat suc _Ye_i`glit,or remove it as the Department may prescribe. Said Licensee; by accepting this Li e, shall be deemed to consent and agree to this condition. In the case of re 1 or neglect of a request by the ' Department on the part . of the Licensee, uccessors and assigns, to comply with this condition, the License shall wholly void and the Commonwealth may proceed to remove or cause said _ at the expense of said Licensee, itsremovessoal o and assigns, as en rs waters. unauthorized and unlawful structure and/or fill in s ' License No. 1590 Page 4 ' by paying into the treasun•of the Commonwealth Two dollars and no cents ($2.00) for each cubic yard so displaced, being the amount hereby assessed by ( said Department (40 cubic yards) ' 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 plans are recorded within ' 60 days xflg, xr from the date hereof,in the Registry of Deeds for the Southern District of the County of Essex ' In 33]Llttr55 M4rrre5, said Department of Environmental Quality Engineering have hereunto set their hands this twenty—seventh day of Jams-:,y ' nineteen hundred and eighty—se r in the year ' Commissioner Chief Engineer ' Division birecto <3-' - ' Department of Environmental Quality Engineering THE COMMONWEALTH OF MASSACHUSETTS by the said ' of the further sum of the amount determined by the Governor as a ju equitable charge for rights and privileges i , hereby granted in land of the Comm a th, BOSTON. .. . ... ........ .............. ..... .. . . . ... .. ... .. . . .. ............ ......... . Governor q�TRUE COPY—qT[W CSRT F WR WAL'n 04GUeMNG ' mveah6 of Mart \SALEM", MA 01970 v, 3n u NATHANIEL S ING CONDOMINIUM TRUST WHITE STR ' SALEM, MA 01970 - _1. ROBERT DIANE L. r �0> ,.ary.3* s ✓`v 43T BEET L A RB u n` w ' 1970 ... i. e B.BtC:a :wnp i ANTHONY I WAN I CK I , JR. N.O.A.A.CHAFlT 13275 ' 47 TURNER STREET _ -- • -- SALEM, MA 01970 PRIOR LICENSE DATA BRAD ORD C. • & SANDRV). NORT P ` #250 (1977) 49 T NER STREET #4752 (1963) MA 01970 #2963 (1947) � JOHN L. �lERQAfJ ..0:0•-.., �0 55 TURNER STREET. :- #2774 (1945) ' to ALEM., MA-S197 #1792 (1936) a #1729 (1935) ' w \ � g 7 MLWS: Z xa \ . ' W t � W CD Wbi Q O^l 41 fn O N Li)F=—w 1 • FLOOD ' s e.,vJ 1 3 _ EBB LTK Or DATUM: MLW = 0.0 FEET 50 0 50 100 : SCALE IN FEET I SALE RBOR ' � r� 3 h / - `L V% I �Ia1-CR Q �� ' PLANS ACCOMPANYING PETITION OF P . N OF, EXISTI CONDITIONS DARBIE LANDING LIMITED PARTNERSHIP SHEET 1 OF 5 g6 lA/. TO MAINTENANCE DREDGE, MODIFY FLOAT LICENSE PLAN NO ARRANGEMENT, CONSTRUCT AND APGrove-d by ^e _;in eet ot -. ;:renn�, QIIy- Engineerin MAINTAIN RAMPS, FLOATS, FINGER FLOAT ,f bf„ ' AND MOORING PILES IN SALEM HARBOR CO lollI3 ICwR CITY OF SALEM COUNTY OF ESSEX, MASS — O'VISION DIRECTOR AUGUST 1986 - --•--- ' SFCTICti' cHiEF vnimiuuiimroinnivamu nurini i h -e ///// // O //I'///// //////////.ii/// ///b,qp p/I fl// .f 1 iii 1 �.0 �: 01017 // l!i s/ '• .::. i/ t II e .. /rusniensii�f/ft%ff sfq//i I s 'f.iJ,'�/.//// Rill � _ __ —_ _ _ • • • • QUI: r�lr•.,/ � - — 1�Wii1 lNM'y<:Yr.4T�fi -k`:' !.3'2asa �n ren"Y6 rypy aY3 � - ggl�� liB- III III I III w G • ,1 •� • ��^—�_-�I a`�!I;�I:II�I;' • ` ull � ��I�II!!III' fit N/ , ,/ ow %IIII II II /I'. .II II .. I Iii III IIS IIII e'•�iiiiiiii v�.vi.,.i„ieiiiiiuiiiiiiiiiiiir//oo/ioiii/loll/i/ o////////� / %/%///////%///////////////////////////////////%%ii//////ii..._ 90, 5 —3 —7" SECTION( A —A tit°`«• ? BRULE f 0.' G' MATERIAL TO BE DREDGED 8 roeussoN 1� ESTIMIS ATED DREDGE QUANTITY = 6,700 CY ` 225' 1 -7 _J1 SECTION B — B 5 10 20 DREDGE SECTIONS SCALE IN FEET ' (LOCATED ON SHEET7,3 1 _ 2X6 RAIL 2X4 P /J 4X4 POST x-14 1 w NFRONT ELEVATION r � o ti MHW=8.8 1 V I I WOOD PILE — LU a cl) q ui 1 I I z MEWS=_1 - - I - --- SIDE ELEVATION 1 I 2 1 0 2 PLAN Approved by Department of Environmental Quality Engineering 4 Date.'�Kvoat y grv%i C IAI Cr CT _Agx^,A,AV n. Z{,)4 97 1 EXIST. GRANITE WALL EXIST, BLDG. 1I till CANTILEVERS OVER W, LL 3 12 15' 1 � 1 w 55 PLAN 1 WOOD RAILING 12X12 p f _ 1 TIMBER ILE L 1 3X 10 RACE 11� ELEVATION 1 EXIST. GRANITE WALL MHW=8.8 1 1 MLW=0.0 1 i 1 SECTION 1 WOOD DECK DETAILS 0. > TOB6lm A Na M 10 5 0 2ws s IL SCALE IN FEETgtcece O . ff11., t''i Department o1 Environ�SqO i 3s 8' 40 f 1 - 6 35' SINGLE SLIP 16 16' 40' SINGLE SLIP 4' 4' WOOD OR CONC SURFACE DECK TIMBER OR STEEL PILE ' CORNER KNEE 35' DOUBLE SLIP co N 30'DOUBLE SLIP 4 35' 30' 3.5' fFREEBOARD — 1WTO 22'• PLAN � POWER POST � MHW=8.8' ' PONTOON FLOTATION i MLW=OA' —7' ' ELEVATION �y+E �MME 4 0� 0 TYPICAL SLIP SETS0. : ' SCALE IN FEET z119. 26973 Yw LICENSE PLAN' NO. /5940 Approved I* Cepa„•hent of Environmental Quality Engineerinr�, r ' Date:�KtAuKfj -Z-711C1187 (�ALA�Ac-e o_ 1 1 i 1 I ' 1 1 ' ATTACHMENT 6 ' Order of Conditions DEP # 64-485 CITY OF SALEM k" CONSERVATION COMMISSION January 29, 2009 Susan St Pierre ' Vine Associates 372 Merrimac Street Newburyport,MA 01950 I , Re: Order of Conditions—DEP#64-485 Hawthorne Cove Marina, 10 White Street,Salem Massachusetts Dear Ms. St. Pierre: ' Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of February 12, 2009), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds ' (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 9 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#64-485 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, ' Carey D ques Conserv tion Age U Staff Planner Enclosures ' CC: DEP Northeast Regional Office Russ Vickers, Hawthorne Cove Marina 1 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 — Order of Conditions 64-465 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' A. General Information ' Important: Salem When filling 1. From: Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions ' use only the tab key to 3•To: Applicant: move your cursor-do not Russ Vickers ' use the return a. First Name b-.Last Name key. Hawthorne Cove Marina c.Organization ID° 10 White Street ' qh d.Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code ' 4. Property Owner(if different from applicant): a.First Name b.Last Name c.organization ' d.Mailing Address e.City/Town I.Stale g.Zip Code 5. Project Location: 10 White Street Salem a.Street Address b.City/rown ' 41 Lots 283, 284, and 298 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: 42 deg. 31'20" 70 deg. 52'59" e.Latitude f.Longitude ' s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex 63244 I ' a.County b.Certificate Number(if registered land) 11868 86 c.Book d.Page 7. Dates:i ' November 25 2008 January 8, 2009 Janaury 29, 2009 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): Notice of Intent Hawthorne Cove Marina Building Construction a.Plan Title David B. Vine David B.Vine b.Prepared By c.Signed and Stamped by ' November 2008 1"=40' d.Final Revision Date e.Scale Hawthorne Cove Marina Construction of New Marina Building and Received 1/8109 ' Installation of Associated Utilities-Construction Plan g.Date vryafwmS.Cae• rev:Mill Installation 1 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 — Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' B. Findings ' i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which ' work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution i ' d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife Habitat 1 g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ❑ Flood Control z. This Commission hereby finds the project,as proposed,is:(check one of the following boxes) i ' Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in ' accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,these ' conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the t wetland regulations.Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the ' proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this ' project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the 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). tinland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and ' wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement ' 4. ❑ Bank a.linear feetb.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.squarefeet c.square feet it.square feet 6. E] Land Under W aterbodies a.square feet b.square feet c.square feat d.square feet and Waterways ' e.6y dredged f.riy dredged wpaform5.0ac• rev.$NB Pape 2 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' B. Findings (cont.) ' Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. [:1 Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet I.cubic feel g.cubic feet h.cubic feet 8.. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet I.cubic feet ' s. ❑ Riverfront area a.total sq.feet b.total sq,feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feel ' Sq It between 100-200 k square feet h.square feet I.square feet 9 9 q q ],square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) ' la. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below ' 11. ❑ Land Under the Ocean a.square feet b.square feet c cfy dredged d.cly dredged i ' 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet a cry nourishmt. d.cly nourishmt ' 14. ❑ Coastal Dunes a.square feet b.square feet a cly nourishmt. d.dy nourishmt. 15. ❑ Coastal Banks a.linear feet b.linear feet ' 16. ❑ Rocky Intertidal Shores a.squarefeet b.square feet 17. ❑ Salt Marshes ' a.square feet b.square feet c.square feet d.square feet 16. ❑ Land Under Salt Ponds a.squarefeet b.square feet c.Gy dredged d.cly dredged 19. [1 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 My dredged b.cty dredged 21. ® Land Subject to Coastal 2,800 2,800 ' Storm Flowage a.square feet b.square feet wpafarm5.dcc• rev.Slee Page 3 Or 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I , C. General Conditions Under Massachusetts Wetlands Protection Act ' (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory ' measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any t injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state,or local statutes,ordinances, bylaws, or regulations. ' 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or ' b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are ' set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. ' 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard, pipe, tires,ashes, refrigerators, motor vehicles, or parts of any of the foregoing. ' 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the ' Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, ' which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in ' size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MassDEP"] "File Number 64-485 1 ' wPabrn6.doc• rw.5/08 Page 4 0111 Massachusetts Department of Environmental Protection - Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act ' 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of tCompliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. ' 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any tdata deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property ' subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden ' stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully I , stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. ' NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 18. The work associated with this Order(the"Project') is (1)® is not(2)❑ subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be ' implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable,the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by 1 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. 1 ,paformS doc• rev.SNB Pages W 11 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: ' WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; Ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; W. any illicit discharges to the stormwater management system have been removed,as per the ' requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; ' v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a ' Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs Identifying the party ' responsible for implementing the stormwater BMPsOperation 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 fl.)the future responsible parties shalt be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and 1 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, and acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for ' purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violationof.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. 1 wparwm5 aoc• rev.5106 Page 6 of tl ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 — Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I ' C. General Condlttons 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): see attached document D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The' Conservation Commission hereby finds (check one that applies): a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: ' 1. Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order of Conditions is issued. eyarwm5.eoc•rev.Sroe Page 7 of 11 ' Massachusetts Department of Environmental Protection 1� Bureau of Resource Protection -Wetlands MassoEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.) ' b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 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): 1 1 1 1 i ' w afwm5.dx- rev.WS Page e N 11 it ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: �\ WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special Ipnu¢pv w`? condition pursuant to General Conditions#4,from the date of issuance. 1. yte of i nce 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 time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures, u- O C ' Notary Acknowledgement Commonwealth of Massachusetts County of Essex ' On this 8 of January 2009 Day Month Year Before me,the undersigned Notary Public, K.Cornacchio, A.Hamilton, K.Gliden, M.Blier, personally appeared proved to me through satisfactory evidence of identification,which was/were ' personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Cityrrovm ' CAREY R.DUO 8 �n(aowtowrr► s Ux kycomrtu+kn6plM � k•f/) ' t N3 s1grr6ture off otary Public Care R. ues Printed Name of Notary Public Place notary seal and/or any stamp above August 16,2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ' ❑ by hand delivery on y certif ed mail,return receipt requested,on Ott Date Date ' vryafwmS.Eac• rev.5'08 Page 9 et 11. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant,the owner,any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the I' appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission ' and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order ' or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how ' the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40),and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. ' Section G,Recording Information is available on the following page. 1 ' wpaforrtd.0ac• rev.Sloe Pape 10.111 ' Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands MassDEP File Number: WPA Form 5 - Order of Conditions 64-485 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information ' This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court ' Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on 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. ---------------------------------------------------------------------------------------------------- -------------------- ' To: Salem Conservation Commission ' Please be advised that the Order of Conditions for the Project at: 10 White Street 64-485 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page ' for; Property Owner and has been noted in the chain of title of the affected property in: Book Page ' In accordance with the Order of Conditions issued on: Date i ' 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 vryafwmS.dOc• rev.5109 Page 11 of 11 ' Attachment to Order of Conditions i/ 64-485 ' Page''Tof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-485 10 White Street,Hawthorne Cove Matins ' City of Salem,Massachusetts ' ADDITIONAL FINDINGS ' Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage & Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. ' This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1—34-13. 1. This Order permits the construction of a 2,200 square foot, one story, wood frame building, associated utility work(water, electric, gas, sewer), and removal of portable/trailer structures. This project is located within land subject to coastal storm flowage and the 100 foot buffer zone extending from the shoreline. ' Adjacent resource areas include Land Under the Ocean,Coastal Bank,and Coastal Beach and no alteration or work will occur within these resource areas. The project will not alter the grades within the site area. The stormwater report included with the Notice of Intent dated November 25, 2008, outlines the plan to ' handle site stormwater, the construction period pollution prevention plan, erosion and sediment control plan, and the long term operation and maintenance plan. Per DEP's comments: "MassDEP questions whether applicant has met Standard 7 of the Stormwater regulations-to the maximum extent practicable. Redevelopment calls for improving existing conditions for water quality-how does this project meet the standard?" and email correspondence between the applicant's representative and the Conservation Agent on January 27 and 28 2009(See attached),the applicant also agreed to install a new deep sump catch basin ' with a hooded outlet. The new catch basin will be installed approximately 8 feet south of and will connect to the existing drain manhole located near the center of the site. Additionally, the applicant agreed to remove the grate structure on the existing drain manhole and replace it with a solid cover to ensure that storm water runoff from the site will be collected in the new catch basin rather than the drain manhole. GENERAL CONDITIONS ' 2. This Order of Conditions must be recorded in its entirety(all 6 pages)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. ' 3. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1—34-13. ' 4. 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. ' Attachment to Order of Conditions# 64-485 ' Page 2of 6 ' 5. Prior to any work commencing, a sign shall be displayed showing DEP File#64485,and not placed on a living tree. 6. 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. 7. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers ' to act on its behalf in administering and enforcing this Order. 8. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at I' any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. ' 9. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. ' 10. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch.2 1 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the ' septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR ' 744.). 11. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. ' 12. All work shalt 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. ' 13. The Commission or its Agent shall have the discretion to modify the erosiontsiltation control methods and boundary during construction if necessary. 14. The Commission reserves the right to impose additional conditions on portions of this project or this site I' to mitigate any actual or potential impacts resulting from the work herein permitted. 15. The work shall conform to the following attached plans and special conditions: ' Final Approved Plans Notice of Intent-Hawthorne Cove Marina Building Construction-Proposed Work Plan ' (Title) ' Attachment to Order of Conditions N 64-485 Page,-!of 6 November 2008 (Dated) David B. Vine (Signed and Stamped by) City of Salem Conservation Commission ' (On file with) Hawthorne Cove Marina Construction of New Marina Building and Installation of Associated ' Utilities- Construction Plan (Title) ' Received January 8,2009 (Dated) ' (Signed and Stamped by) City of Salem Conservation Commission (On file with) ' 16. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Proiect Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. ' 17. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the ' buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. ' PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall.be ' adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. ' 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 Administrator 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. t Attachment to Order of Conditions A 64-485 ' Page, of 6 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. ' 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 the wetland areas and buffer zones. The erosion control ' specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland ' resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or ' replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. ' 26. Any de-watering of trenches or other excavationrequired during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. ' 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing ' vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, ' exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION ' 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on ' the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. ' 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. ' 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. ' Attachment to Order of Conditions N 64-485 ' Page Sof 6 ' 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary, ' 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative ' penalties under M.G.L Chapter 21A,section 16. ' AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): ' (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor ' showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, ' utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; ' 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of ' Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ' ADDITIONAL CONDITIONS 43. The final grade shall be sloped away from the resource area(specifically the Coastal Bank, Land Under the Ocean, and Coastal Beach). Attachment to Order of Conditions k 64-485 Page'6of 6 44. Per DEP's comments: "MassDEP questions whether applicant has met Standard 7 of the Stormwater regulations-to the maximum extent practicable. Redevelopment calls for improving existing conditions for water quality-how does this project meet the standard?", the applicant also agreed to install a new deep sump catch basin with a hooded outlet. The new catch basin will be installed approximately 8 feet south of and will connect to the existing drain manhole located near the center of the site. Additionally, the applicant agreed to remove the grate structure on the existing drain manhole and replace it with a solid cover to ensure that storm water runoff from the site will be collected in the new catch basin rather than the drain manhole. I ' 1 I