CONSERVATION COMMISSION ADDITIONAL FINDINGS TO DEP ORDER OF CONDITIONSAttachment to Order of Conditions # 64-473
Page vof 7
SALEM CONSERVATION COMMISSION
DEP FILE #64-473
City of Salem Transfer Station
12 Swampscott Road
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.
This Order permits the capping and renovation (including slope stabilization, repaving, grading) of the existing City
of Salem transfer station and upgrade of City of Salem yard waste drop-off area (installation of retaining walls and
repaving) at the closed solid waste landfill. In further detail, this Order of Conditions permits the work proposed in
the Notice of Intent filed with the Conservation Commission on February 11, 2008 which is further described in
supplemental information provided to the Conservation Commission on February 28, 2008 and March 13, 2008.
The activities approved under this Order of Conditions include demolition of the existing former incinerator
building, including the building and the smoke stack. The Commission approves the demolition procedure proposed
in the application. The applicant shall obtain all necessary local and state permits necessary to complete this
demolition.
This Order permits the capping of the landfill as described in the Notice of Intent application. The Commission
approves this plan so long as it is in compliance with DEP's regulations. If changes are made to the proposed
capping technique the landowner shall provide the Conservation Commission with the new proposed approach to
capping the landfill.
The Commission approves the construction of a new transfer station building to be 75 feet by 100 feet, as proposed
in the Notice of Intent application. This Order permits repaving on the Site including areas within the 200 foot
Riverfront area. In order to address runoff and reduce the total suspended solids entering into the river the
landowner shall install a Stormceptor 900i unit, per DEP comments made on March 4, 2008. In order to control
stormwater during construction the landowner shall provide a Stormwater Pollution Prevention Plan (SWPPP) to the
appropriate agencies and provide the Conservation Commission with a copy.
This Order permits the development of concrete block push walls and retaining walls within the Riverfront area as
proposed on the Overall Site Plan dated February 2008 stamped by Gerald R. Magnan. This project proposal
includes the relocation of the yard waste drop-off area and the creation of a recyclable drop-off area to the rear
(southern) portion of the site. The Conservation Commission is requiring that no dumping signs be installed along
the perimeter of the drop-off area and along the top of the river. Condition #46 outlines the specifics of design,
quantity and location of the signs. This Order permits the creation of a water quality swale around the perimeter of
the drop-off area as described in the Notice of Intent application.
This Order permits site improvements, specifically the removal of approximately 60 linear feet of the upstream
portion of a culvert that currently conveys the Forest River under the existing access road to the yard waste drop-off
area located to the rear, southern, side of the Site. This Order permits the removal of the 48" and the installation of a
G� Attachment to Order of Conditions # 64-473
Page 2of 7
12" pipe at inlet to control flow and maintain existing conditions. All material removed as a result of the day -
lighting of the river shall be handled appropriately according to DEP requirements. The river shall be protected
throughout the entire process of removing the 60 linear feet, taking necessary precautions to limit sediment,
equipment, etc. from entering the river. Final stamped plans showing the removal of the pipe shall be submitted to
the Conservation Agent or Conservation Commission prior to the start of construction and post the inspection of the
drainage pipe.
The landowner shall remove debris from the Forest River, including but not limited to "white goods" such as
washing machines, dryers, bicycles, etc. Equipment used to remove this debris shall not enter the river and spill kits
shall be on Site at all times.
An Operations and Maintenance Plan shall be,maintained on site by the landowner and shall be available for review
by the Conservation Agent or others who are interested.
The Conservation Agent will be inspecting the site on,a weekly basis during construction. The Conservation Agent
shall be notified if changes are made to any section of the approved application.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety (all 7 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.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34, Section 34-1 — 34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File #64-473, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten (10) day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent, officers, or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131,
Section 40, the Wetlands Regulations 310 CMR 10.00, and the Salem Wetlands Ordinance, and shall have
the right to require any data or documentation that it deems necessary for that evaluation.
8. The term "Applicant' as used in this Order of Conditions shall refer to the owner, any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
Attachment to Ordei of Conditions # 64-473
Page Sof 7
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(I) 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. 21 A ss7
and 314 CMR 7.00. Any Board of Health -permit for septic system design for any portion of the
septic system within 1.00 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) DesignRequirementsfor Construction in Floodplains under the State Building Code (780 CMR
744).
10. If there are conflicting.conditions within this Order, the stricter condition(s) shall rule. 1 t
U. All work shall be performed so as to ensure that there will.be no sedimentation into,wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
See Attached Sheet for a Listing of all Plans
(Title) _
(Dated)
and Stamped by)
City of Salem Conservation Commission
(On file with) -,
15. Any proposed changes in the approved plans) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry. prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
Attachment to Order of Conditions # 64-473
Page 4of 7
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued, the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number 50 and 51 as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity, and shall be referenced to in all future deeds to this property.
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) 619-5685 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 plants) 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.
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 excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de -watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
27. Within thirty (30) days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
Attachment to Order of Conditions # 64-473
Page 1Sof 7
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 plants).
31. All waste products, grubbed stumps, slash; construction materials, etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area, nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub -soils shall be covered by a minimum of three (3) inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas.
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other
components shall be fixed immediately.
37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including, but not limited to, civil administrative
penalties under M.G.L Chapter 21A, section 16.
AFTER CONSTRUCTION
39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As -Built' plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post -construction conditions within all areas under 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;
Attachment to Order of Conditions # 64-473
h Page Sof 7
(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 applicant shall obtain all necessary state and local permits prior to demolition occurring on site.
The Conservation Commission shall receive copies of these permits.
44. Final plans outlining the partial removal of the Forest River Culvert shall be submitted to the
Conservation Agent and approved before construction on this portion of the project can begin. The
plans shall contain, elevation of culvert project area post construction, exact length of culvert to be
removed, location of erosion control measures to be installed during construction, identification of area
where material excavated will be placed, dewatering plan (if necessary), restoration plan proposed for
the river banks, and details of cement headwall to be placed on inlet end of culvert.
45. The applicant shall remove debris from the Forest River. Excavators or other equipment used to remove
debris from the river shall not enter the river. Spill kits shall be on Site.
46. The applicant shall coordinate with the Conservation Agent regarding the layout, wording, design,
quantity, etc of no dumping signs to be installed adjacent to resource area and in the rear, southern,
portion of Site near the recycling and yard waste drop-off area.
47. The applicant shall submit letter from adjacent property owner agreeing to be an applicant on the Notice
of Intent.
48. The applicant shall submit letter from adjacent property owner granting a construction easement over
the property owned by NSSS Limited Partnership located at 38-52 Swampscott Road in Salem, MA or
documentation proving the conveyance of the property to the applicant prior to start of construction.
49. The Conservation Commission shall be copied on all documents submitted to the DEP and other state
agencies.
50. The applicant shall provide the Conservation Agent with hydrologic calculations, pre and post removal
of the 60 feet of culvert. Final plans for the headwall and any structure to be installed at the upstream
Owl
Attachment to Otdet of Conditions # 64-473
Page Eof 7
inlet of the Forest River shall also be submitted for review and final approval by the Conservation Agent
or Conservation Commission and City Engineer.
51. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect quarterly street sweeping and supplemental sweeping as necessary.
52. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect inspections of catch basins quarterly and annual cleaning of the catch basins with supplemental
cleaning as necessary.
53. Applicant shall update plan showing Toe of Landfill Cap Detail with rip rap covering the impervious
liner above and below the water surface.
54. Applicant shall submit annual report by December 31 of each year to the Conservation Agent showing
that the catch basins have been cleaned and street sweeping has occurred.
55. The applicant shall install four (4) foot sumps in each of the catch basins located on site.
56. Applicant shall complete and submit a stormwater report meeting DEP standards prior to performing
construction.
57. Site visits shall be conducted weekly by the Conservation Agent upon the start of construction.
58. Applicant shall note on site plans snow storage areas.
59. Applicant shall appear before the Conservation Commission with final plans stamped by an engineer
upon submitting plans to DEP and prior to beginning construction.
PERPETUAL CONDITIONS
60. The applicant shall maintain an Operations and Maintenance Manual for the stormwater system that is
accessible on Site.
61. Sodium based products shall not be used within the Riverfront Area, 200 feet from the river.
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
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key.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Salem
From: 1, Conservation Commission
2. This issuance is for (check one): a. ® Order of Conditions
3. To: Applicant:
DEP File Number:
64-473
b. ❑ Amended Order of Conditions
David Knowlton City of Salem and North Side Carting, Info
a. First Name b. Last Name provided on attached sheet
c. Company
120 Washington Street
d. Mailing Address
Salem MA 01970
e. Cityfrown f. State g. Zip Code
4. Property Owner (if different from applicant):
The Citv of Salem
a. First Name b. Last Name c. Company
120 Washington Street
d. Mailing Address
e. City/Town
5. Project Location:
12 Swampscott Road
a. Street Address
c. Assessors Map/Plat Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator):
MiT
f. State
Salem
b. City/Town
Lot 68
d. Parcel/Lot Number
42.498960
e. Latitude
01970
g. Zip Code
-70.925349
f. Longitude
s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
a. County b. Certificate (if registered land)
39004
173
c. Book
d. Page
February 11, 2008
March 13, 2008 March 19, 2008
Dates: a. Date Notice of Intent Filed
b. Date Public Hearing Closed c. Date of Issuance
Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan with Sampling Locations
a. Plan Title
BETA Group
Gerard R. Magnan
b. Prepared By
c. Signed and Stamped by
February 2008
1"=50'
d. Final Revision Date
e. Scale
See Attached Sheet for listing
f. Additional Plan or Document Title
g. Date
wpafonn&do • rev. 3/1/05 Page 1 d9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect 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).
Inland 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
Proposed
Permitted
Proposed
Permitted
Resource Area
Alteration
Alteration
Replacement
Replacement
®
Bank
1200
1200
1200
1200
4.
a. linear feet
b. linear feet
c. linear feet
d. linear feet
5.
®
Bordering Vegetated
450
450
450
450
Wetland
a. square feet
b. square feet
c. square feet
d. square feet
3600
3600
3600
3600
6.
®
Land Under Waterbodies
a. square feet
b. square feet
c. square feet
d. square feet
and Waterways
e. cu.yd dredged
f. cu.yd dredged
wpafonn5.doc • rev. 3I1N5
Page 2 0 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
12. ❑
Barrier Beaches
Proposed
Permitted
Proposed
Permitted
Resource Area
Coastal Banks
16. ❑
Rocky Intertidal Shores
17. ❑
Salt Marshes
18. F]
Alteration
Alteration
Replacement
Replacement
7. ❑
Bordering Land
Subject to Flooding
a. square feet
b. square feet
c. square feet
d. square feel
Cubic Feet Flood Storage
f, cubic feet
e, cubic feet
g. cubic feet
h. cubic feet
s. ❑
Isolated Land Subject
to Flooding
a. square feet
b. square feet
Cubic Feet Flood Storage
f, cubic feet
ccubic feet
e. cubic feet
d. cubic feet
9. ®
Riverfront area
157000
157000
a. total sq. feet
b. total sq. feet
83000
83000
83000
83000
Sq k within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
74000
74000
74000
74000
Sq ft between 100-200 ft
g. square feet
h. square feet
i. square feet
I. square feet
Coastal Resource Area Impacts:
Check all that apply below. (For Approvals Only)
1o. ❑
Designated PortAreas
Indicate size under Land Under the Ocean, below
11. ❑
Land Under the Ocean
f t
bf t
12. ❑
Barrier Beaches
13. ❑
Coastal Beaches
14. ❑
Coastal Dunes
15. ❑
Coastal Banks
16. ❑
Rocky Intertidal Shores
17. ❑
Salt Marshes
18. F]
Land Under Salt Ponds
19. F-1LandContaining
Shellfish
20. ❑ Fish Runs
21. F-1LandSubject to Coastal
Storm Flowage
a. square ee .square feet
c. cu.yd dredged d. cu.yd dredged
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. ay nourishmt. d. cly nourishmt.
a. square feet b. square feet c. cly nourishmt. d. Gy nourishmt
a. linear feet b. linear feet
a. square feet b. square feet
a. square feet b. square feet
c. cu.yd dredged d. cu.yd dredged
a. square feet b. square feet c. square feel d. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a. cu.yd dredged b. cu.yd dredged
w afo.5dac• iav 311/05 Page 3 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
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 thefdate 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 maybe 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, "MA DEP"]
"File Number 64-473
wpefom5.doc • rev. 3/1105 Page 4 W 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (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
data 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
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.
18.
All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
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document
wpafcr 5 doc • rev. 311105 Page 5 of 9
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
DEP File Number:
64-473
D. Findings Under Municipal Wetlands Bylaw or Ordinance
f. Is a municipal wetlands bylaw or ordinance applicable? M Yes ❑ No
z. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. 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.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a. Municipal Ordinance or Bylaw b. Citation
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.
c. The special conditions relating to municipal ordinance or bylaw are as follows:
The special conditions attached to this Order of Conditions relate to both the City of Salem's local
ordinance and the Massachusetts Wetlands Protection Act.
wpafo.5.tloc • rev. 3/1 N5 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64473
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 March 19, 2008
condition pursuant to General Conditions #4, from the date of issuance. t. Date of issuance
Please indicate the number of members who will sign this form: 4 (four)
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:
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this 13
Day
Before me, the undersigned Notary Public,
personally appeared
of March 2008
Month Year
K. Cornacchio, D. Pabich, M. Blier, K. Glidden
Name of Document Signer
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
CityrFown
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Conservation Commission
Signature of Notary Public
Carey R. Duques
Printed Name of Notary Public
Auaust 16 2013
My Commission Expires (Date)
® by certified mail, return receipt requested, on
March 19, 2008
Date
weaform5.doe • rev. MX5 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-473
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 DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
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.
wpafc.5 d. • rev 3/1105 Page 8 0 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number-
Bureau
Form 5 - Order of Conditions 64-473
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 Page 7 of this form shall be submitted to'the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
------------------------------------------------------------------------------- ---------------- ------------------ -----
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
12 Swampscott Road 64-473
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Page
and has been noted in the chain of title of the affected property in:
Book
In accordance with the Order of Conditions issued on:
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
of Applicant
wpafor &dx-rev. 311M5 Page 9 of
y Attachment to Order of Conditions # 64-473
PageVof 7
SALEM CONSERVATION COMMISSION
DEP FILE #64-473
City of Salem Transfer Station
12 Swampscott Road
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.
This Order permits the capping and renovation (including slope stabilization, repaving, grading) of the existing City
of Salem transfer station and upgrade of City of Salem yard waste drop-off area (installation of retaining walls and
repaving) at the closed solid waste landfill. In further detail, this Order of Conditions permits the work proposed in
the Notice of Intent filed with the Conservation Commission on February 11, 2008 which is further described in
supplemental information provided to the Conservation Commission on February 28, 2008 and March 13, 2008.
The activities approved under this Order of Conditions include demolition of the existing former incinerator
building, including the building and the smoke stack. The Commission approves the demolition procedure proposed
in the application. The applicant shall obtain all necessary local and state permits necessary to complete this
demolition.
This Order permits the capping of the landfill as described in the Notice of Intent application. The Commission
approves this plan so long as it is in compliance with DEP's regulations. If changes are made to the proposed
capping technique the landowner shall provide the Conservation Commission with the new proposed approach to
capping the landfill.
The Commission approves the construction of a new transfer station building to be 75 feet by 100 feet, as proposed
in the Notice of Intent application. This Order permits repaving on the Site including areas within the 200 foot
Riverfront area. In order to address runoff and reduce the total suspended solids entering into the river the
landowner shall install a Stormceptor 900i unit, per DEP comments made on March 4, 2008. In order to control
stormwater during construction the landowner shall provide a Stormwater Pollution Prevention Plan (S WPPP) to the
appropriate agencies and provide the Conservation Commission with a copy.
This Order permits the development of concrete block push walls and retaining walls within the Riverfront area as
proposed on the Overall Site Plan dated February 2008 stamped by Gerald R. Magnan. This project proposal
includes the relocation of the yard waste drop-off area and the creation of a recyclable drop-off area to the rear
(southern) portion of the site. The Conservation Commission is requiring that no dumping signs be installed along
the perimeter of the drop-off area and along the top of the river. Condition #46 outlines the specifics of design,
quantity and location of the signs. This Order permits the creation of a water quality Swale around the perimeter of
the drop-off area as described in the Notice of Intent application.
This Order permits site improvements, specifically the removal of approximately 60 linear feet of the upstream
portion of a culvert that currently conveys the Forest River under the existing access road to the yard waste drop-off
area located to the rear, southern, side of the Site. This Order permits the removal of the 48" and the installation of a
���77 Attachment to Order of Conditions # 64-473
�'ft
Page 2of 7
12" pipe at inlet to control flow and maintain existing conditions. All material removed as a result of the day -
lighting of the river shall be handled appropriately according to DEP requirements. The river shall be protected
throughout the entire process of removing the 60 linear feet, taking necessary precautions to limit sediment,
equipment, etc. from entering the river. Final stamped plans showing the removal of the pipe shall be submitted to
the Conservation Agent or Conservation Commission prior to the start of construction and post the inspection of the
drainage pipe.
The landowner shall remove debris from the Forest River, including but not limited to "white goods" such as
washing machines, dryers, bicycles, etc. Equipment used to remove this debris shall not enter the river and spill kits
shall be on Site at all times.
An Operations and Maintenance Plan shall be maintained on site by the landowner and shall be available for review
by the Conservation Agent or others who are interested.
The Conservation Agent will be inspecting the site on a weekly basis during construction. The Conservation Agent
shall be notified if changes are made to any section of the approved application.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety (all 7 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.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34, Section 34-1 — 34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plants). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing, a sign shall be displayed showing DEP File #64-473, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten (10) day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent, officers, or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131,
Section 40, the Wetlands Regulations 310 CMR 10.00, and the Salem Wetlands Ordinance, and shall have
the right to require any data or documentation that it deems necessary for that evaluation.
8. The term "Applicant' as used in this Order of Conditions shall refer to the owner, any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
Attachment to Order of Conditions # 64-473
Page jof 7
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, 86 stat. 816), U.S. Army
Corps of Engineers. ,
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation. `
(4) Design Requirements for Construction in,,Floodplains under the State Building Code (780 CMR
744.).
10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule.
H. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
See Attached Sheet for a Listing of all Plans
(Dated)
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with)
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
Attachment to Order of Conditions # 64-473
Page 4of 7
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued, the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
17. Condition Number 50 and 51 as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity, and shall be referenced to in all future deeds to this property.
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) 619-5685 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.
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 excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de -watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
27. Within thirty (30) days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
Attachment to Order of Conditions # 64-473
Page E5of 7
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 plants) approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
31. All waste products, grubbed stumps, slash; construction materials, etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area, nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub -soils shall be covered by a minimum of three (3) inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas.
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other
components shall be fixed immediately.
37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including, but not limited to, civil administrative
penalties under M.G.L Chapter 21 A, 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 plants) approved in this Order of Conditions;
t1 Attachment to Order of Conditions # 64-473
1 Page hof 7
(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 applicant shall obtain all necessary state and local permits prior to demolition occurring on site.
The Conservation Commission shall receive copies of these permits.
44. Final plans outlining the partial removal of the Forest River Culvert shall be submitted to the
Conservation Agent and approved before construction on this portion of the project can begin. The
plans shall contain, elevation of culvert project area post construction, exact length of culvert to be
removed, location of erosion control measures to be installed during construction, identification of area
where material excavated will be placed, dewatering plan (if necessary), restoration plan proposed for
the river banks, and details of cement headwall to be placed on inlet end of culvert.
45. The applicant shall remove debris from the Forest River. Excavators or other equipment used to remove
debris from the river shall not enter the river. Spill kits shall be on Site.
46. The applicant shall coordinate with the Conservation Agent regarding the layout, wording, design,
quantity, etc of no dumping signs to be installed adjacent to resource area and in the rear, southern,
portion of Site near the recycling and yard waste drop-off area.
47. The applicant shall submit letter from adjacent property owner agreeing to be an applicant on the Notice
of Intent.
48. The applicant shall submit letter from adjacent property owner granting a construction easement over
the property owned by NSSS Limited Partnership located at 38-52 Swampscott Road in Salem, MA or
documentation proving the conveyance of the property to the applicant prior to start of construction.
49. The Conservation Commission shall be copied on all documents submitted to the DEP and other state
agencies.
50. The applicant shall provide the Conservation Agent with hydrologic calculations, pre and post removal
of the 60 feet of culvert. Final plans for the headwall and any structure to be installed at the upstream
inlet of the Forest River shall also be submitted for review and final approval by the Conservation Agent
or Conservation Commission and City Engineer.
51. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect quarterly street sweeping and supplemental sweeping as necessary.
52. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect inspections of catch basins quarterly and annual cleaning of the catch basins with supplemental
cleaning as necessary.
53. Applicant shall update plan showing Toe of Landfill Cap Detail with rip rap covering the impervious
liner above and below the water surface.
54. Applicant shall submit annual report by December 31 of each year to the Conservation Agent showing
that the catch basins have been cleaned and street sweeping has occurred.
55. The applicant shall install four (4) foot sumps in each of the catch basins located on site.
56. Applicant shall complete and submit a stormwater report meeting DEP standards prior to performing
construction.
57. Site visits shall be conducted weekly by the Conservation Agent upon the start of construction.
58. Applicant shall note on site plans snow storage areas.
59. Applicant shall appear before the Conservation Commission with final plans stamped by an engineer
upon submitting plans to DEP and prior to beginning construction.
PERPETUAL CONDITIONS
60. The applicant shall maintain an Operations and Maintenance Manual for the stormwater system that is
accessible on Site.
61. Sodium based products shall not be used within the Riverfront Area, 200 feet from the river.
Attachment to Order of Conditions # 64-473
Page Zof 7
inlet of the Forest River shall also be submitted for review and final approval by the Conservation Agent
or Conservation Commission and City Engineer.
51. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect quarterly street sweeping and supplemental sweeping as necessary.
52. The applicant shall update the Operations and Maintenance manual prior to starting construction to
reflect inspections of catch basins quarterly and annual cleaning of the catch basins with supplemental
cleaning as necessary.
53. Applicant shall update plan showing Toe of Landfill Cap Detail with rip rap covering the impervious
liner above and below the water surface.
54. Applicant shall submit annual report by December 31 of each year to the Conservation Agent showing
that the catch basins have been cleaned and street sweeping has occurred.
55. The applicant shall install four (4) foot sumps in each of the catch basins located on site.
56. Applicant shall complete and submit a stormwater report meeting DEP standards prior to performing
construction.
57. Site visits shall be conducted weekly by the Conservation Agent upon the start of construction.
58. Applicant shall note on site plans snow storage areas.
59. Applicant shall appear before the Conservation Commission with final plans stamped by an engineer
upon submitting plans to DEP and prior to beginning construction.
PERPETUAL CONDITIONS
60. The applicant shall maintain an Operations and Maintenance Manual for the stormwater system that is
accessible on Site.
61. Sodium based products shall not be used within the Riverfront Area, 200 feet from the river.
Important:
When filling
out forms on
the computer,
use only the
tab key to
move your
cursor - do not
use the return
key.
_ I�
ISI
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of ;Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Salem
From: 1. Conservation Commission
2. This issuance is for (check one): a. ® Order of Conditions
3. To: Applicant:
David
a. First Name
Knowlton
b. Last Name
DEP File Number:
64-473
b. ❑ Amended Order of Conditions
City of Salem and North Side Carting, Info
provided on attached sheet
c. Company
120 Washington Street
d. Mailing Address
Salem MA 01970
e. City/Town f. State g. Zip Code
4. Property Owner (if different from applicant):
The City of Salem
a. First Name b. Last Name c. Company
120 Washington Street
Salem
e. Cityfrown
5. Project Location:
LN
f. State
01970
g. Zip C
12 Swampscott Road
Salem
a. Street Address
b. City/Town
Map 7
Lot 68
c. Assessors Map/Plat Number
d. Parcel/Lot Number
Latitude and Longitude, if known (note:
42.498960 -70.925349
electronic filers will click for GIS locator):
e. Latitude f. Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex
a. County
b. Certificate (if registered land)
39004
173
c. Book
d. Page
February 11, 2008
March 13, 2008 March 19, 2008
�. Dates:
a. Dale Notice of Intent Filed
b. Date Public Hearing Closed c. Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Site Plan with Sampling Locations
a. Plan Title
BETA Group
Gerard R. Magnan
b. Prepared By
c. Signed and Stamped by
February 2008
1 "=50'
d. Final Revision Date
e. Scale
See Attached Sheet for listing
L Additional Plan or Document Title
g. Date
wpaf=5.doc • rev 3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above -referenced Notice of Intent and based on the information provided
in this application and presented at the public hearing, this Commission finds that the areas in which
work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that
apply:
a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution
d. ® Private Water Supply e. ® Fisheries f ® Protection of Wildlife
Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect 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).
Inland 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
Proposed
Permitted
Proposed
Permitted
Resource Area
Alteration
Alteration
Replacement
Replacement
®
Bank
1200
1200
1200
1200
4.
a. linear feet
b. linear feet
c. linear feel
d. linear feel
s. ®
Bordering Vegetated
450
450
450
450
Wetland
a. square feet
b. square feet
c. square feel
d. square feet
3600
3600
3600
3600
6. ®
Land Under Waterbodies
a. square feel
b. square feet
c. square feet
d. square feet
and Waterways
e. cu.yd dredged
f. cu.yd dredged
"alonn5.doc • rev. 3I1M5
Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area
7. ❑ Bordering Land
Subject to Flooding
Cubic Feet Flood Storage
8. ❑ Isolated Land Subject
to Flooding
Cubic Feet Flood Storage
Proposed
Alteration
e. cubic feet
Permitted
Alteration
f. cubic feet
a. square feet b. square feet
DEP File Number:
64-473
Proposed Permitted
Replacement Replacement
g. cubic feet h. cubic feet
f. cubic feel
9. ®
Rivertront area
157000
157000
❑
Coastal Beaches
14.
a. total sq. feet
b. total sq. feet
15.
❑
Coastal Banks
83000
63000 83000
83000
b. square feet
Sq k within 100 ft
c. square feet
d. square feet e. square feet
f. square feet
c. cu.yd dredged
d. cu.yd dredged
74000
74000 74000
74000
Sq ft between 100-200 ft
g. square feet
h. square feet i. square feet
j. square feet
Coastal
Resource Area Impacts:
Check all that apply below. (For Approvals Only)
❑
1o. ❑
Designated Port Areas
Indicate size under Land Under the Ocean, below
11. ❑
Land Under the Ocean
above
a. square feet
b. square feet
12.
❑
Barrier Beaches
13.
❑
Coastal Beaches
14.
❑
Coastal Dunes
15.
❑
Coastal Banks
Indicate size under Coastal Beaches and/or Coastal Dunes below
a. square feet b. square feet c. cty nourishmt. d. cty nourishmt.
a. linea (feet b. linear feet
16.
❑
Rocky Intertidal Shores
a. square feet
b. square feet
17.
❑Salt
Marshes
b. square feet c. square feet d. square feet
a. square feet
18.
❑
Land Under Salt Ponds
b. square feet
a. square feet
c. cu.yd dredged
d. cu.yd dredged
19.
❑
Land Containing
Shellfish
a. square feet
b. square feet c. square feet d. square feet
20.
❑
Fish Runs
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
b. cu.yd dredged
a. cu.yd dredged
21.
❑
Land Subject to Coastal
Storm Flowage
a. square feet
b. square feet
wpafcrrn&doc• rev. 31V05 Page 3 of
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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
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, "MA DEP"]
"File Number 64-473
wpafonnddoc • rev. 311/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
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 DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (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
data 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
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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
space for
additional
conditions,
select box to
attach a text
document
wpafonn5 Goc • rev. 311105 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of,Conditions 64-473
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
I. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
z. The hereby finds (check one that applies):
Conservation Commission /
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b. 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.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a. Municipal Ordinance or Bylaw i b. Citation
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.
If you need more
space for c. The special conditions relating to municipal ordinance orb law are as follows:
additional
conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local
select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document
wpafoan5A. • rev. 3/1/65 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
DEP File Number:
64-473
This Order is valid for three years, unless otherwise specified as a special March 19, 2008
condition pursuant to General Conditions #4, from the date of issuance. f. Date of Issuance
Please indicate the number of members who will sign this form: 4 (four)
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:
Notary Acknowledgement
Commonwealth of Massachusetts County of
On this 13
Day
Before me, the undersigned Notary Public,
personally appeared
Essex
Of March 2008
Month Year
K. Cornacchio, D. Pabich, M. Blier, K. Glidden
Name of Document Signer
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
City/town
Place notary seal and/or any stamp above
This Order is issued to the applicant as follows:
❑ by hand delivery on
Date
Signature of Notary Public
Carey R. Duques
Printed Name of Notary Public
August 16 2013
My Commission Expires (Date)
® by certified mail, return receipt requested, on
March 19, 2008
Date
wpWofm5 doc • rev. WM5 Page ] a 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-473
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 DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR
10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at
the same time be sent by certified mail or hand delivery to the Conservation Commission and to the
applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
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.
wpalonn5.dx • rev. 311/05 Page a d 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-473
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 Page 7 of this form shall be submitted to the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Salem
Please be advised that the Order of Conditions for the Project at:
12 Swampscott Road 64-473
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Book Page
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:
If recorded land, the instrument number identifying this transaction is:
If registered land, the document number identifying this transaction is:
Signature of Applicant
wp&oim5 Eoc• rev. 3l1 M5 Page 909