SUPERCEDING ORDER OF CONDITIONS MDEP hI IIrIIII�IIII�Illllllllill11111111�1!111111
SO,ESSEX #213 8k:36567 Pg:193
03105/2018 10 15 CONDN Pg 1/15
j Massachusettsf. nartment of Environmental Protection
\ice Bureau of Water Ruzu,,rces—Wetlands Program MassDEP File#
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G L c. 131, §40 064-0624
A. General Information
1. From. Northeast Regional Office
Massachusetts Department of Environmental Protection(MassDEP/the Department)
2. This issuance is for(check one): a. ® Superseding Order of Conditions
b. ❑ Amended Superseding Order of Conditions
3 To: Applicant:
Joseph Correnti c/o Juniper_Point 9 Mason Street, LLC
a.First Name.Last Name b. Company
—c. ga_ ni__.__zation_ ___-._
63 Federal Street
d.Mailing Address Line 1
Salem MA _ 01970
e. City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
a. First Name b. Last Name
c.Organization
d. Mailing Address Line 1
e.CityrTown f State g.Zip Code
5. Project Location:
9 Mason St., 3A Buffum St. Ext., 23 Mason St. Salem
a.Street Address b.Cityrrown
Map 26, Lot 73, Map 26, Lot 74, Map 26, Lot 79
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known:
e.Latitude f.latitude
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i,
Massachusetts Department of Environmental Protection
Bureau of Water Resources–Wetlands Program MassDEP File*
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 064-0624
A. General Information (cont'd)
6. Property recorded at the Registry of Deeds (attach additional information if more than one parcel).
South Essex _
a.County b. Certificate of registered land)
Bk 18030, Pg. 26, Bk 34243, Pg. 173, Bk. 26247, Pg.
348 d. Page
7. Dates: January 26, 2017 — March 9, 2017 May 9, 2017
a.Date NOI RecReeived b.Date Local Order Issued c.Date of SOC Site Visit
8. Final Approved Plans and Other Documents (attach additional plans or document references)
"Juniper Point 9 S. Mason Street, LLC, 9 S. Mason Street, Salem, MA"
a.Plan Title
Griffin Engineering Group, LLC _ --_ _ Robert H. Griffin, P.E.
b.Prepared By c.Signed and Stamped By
January 26, 2017 various _
d. Final Revision Date e. Scale
"Juniper Point 9 S. Mason Street, LLC, 9 S. Mason Street, Salem, MA, FIG-3 November 22,
f.Additional Plan or Document Title 2017
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, the Department
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 Department hereby finds the project, as proposed, is(check one):
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. The Department 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.
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Massachusetts Department of Environmental Protection
– Bureau of Water Resources–Wetlands Program MassDEP File 7`
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c 131. §40 064-0624
B. Findings (cont'd) —
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
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank
a, linear feet b, linear feet c linear feet d linear feet
5. ❑ Bordering Vegetated Wetland
a.square feet b.square feet c square feet d.square feet
6. ❑ Land Under Waterbodies and
Waterways a square feet b square feet c. square feet d,square feet
e.Gy dredged f c!y dredged
7. ® Bordering Land Subject to 30,000 30,000 27,000 27,000
Flooding a.square feet b.square feet c,square feet d.square feet
Cubic Feet Flood Storage 26,456 _ 26,456_ 28,701_ _ 28,701
f.c
e.cubic feet ubic feet 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 f,cubic feet
9. ® Riverfront area 15,313 _ 15;313
a.total sq feet b.total sq.feet
Sq feet within 100 feet 0 — 0
c square feet d square feet e.square feet f.square feet
Sq feet between 100-200 feet 15,313 15,313
g.square feet h.square feet i. square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and
wetland boundary (if available) a. linear feet
11. ❑ Designated Port Areas- Indicate size under Land Under the Ocean, below
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
12. ❑ Land Under the Ocean _
a.square feet b.square feet
c ay dredged d.ciy dredged
13, ❑ Barrier Beaches- Indicate size under Coastal Beaches and/or Coastal Dunes below.
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Massachusetts Department of Environmental Protection
Bureau of Water Resources—Wetlands Program MassDEP File!#
j�` Superseding Order of Conditions
Massachusetts Wetlands Protection Act M G.L. c 131, §40 064-0624
B. Findings (cont'd)
14. ❑ Coastal Beaches
a, square feet b,square feet c a'y d-dy nourish.
15. ❑ Coastal Dunes
a.square feet b. scuare feet c c/y d.c/y noursh
16. ❑ Coastal Banks
a. linear feet b. linear feet
17. ❑ Rocky Intertidal Shores
a square feet b.square feet
18. ❑ Salt Marshes
a square feet b.square feet c.square d. square feet
19. ❑ Land Under Salt Ponds
a.square feet b square feet
G.Gy dredged d c/y dredged
20. ❑ Land Containing Shellfish
a.square feet b.square feet C.square d. square feet
21. ❑ Fish Runs- Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or
inland Land Under Waterbodies and Waterways, above
a.Gy dredged b Cly dredged
22. ❑ Land Subject to Coastal Storm
Flowage a.square feet b square feet
23. ❑ Riverfront area _
a.total sq.feet b.total sq.feet
Sq feet within 100 feet
c.square feet d.square feet e.square f.square feet
Sq feet between 100-200 feet
g.square feet h.square feet i.square j.square feet
C. General Conditions t rider Massachusetts Wetlands Protection Act
?Brief Project Description of Permitted Activities.
Construction of residential buildings associated parking, and stormwater management BMPs.
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Massachusetts Department of Environmental Protection
Bureau of Water Resources—Wetlands Program MassDEP File#
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G.L c. 131, §40 064-0624
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
(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 hns been extended to a specified date more than three years, but less
than five years, from the da,,) 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. If this Order constitutes an Amended Superseding Order of Conditions, this Amended Superseding
Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the
Superseding Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
9. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to the Department on the form at the end of this Order, which form
must be stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" for, "MA DEP"]
"File Number 064-0624 "
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h.
Massachusetts Department of Environmental Protection
Bureau of Water Resources-Wetlands Program MassDEP File#
Superseding Order of Conditions
{ Massachusetts Wetlands Protection Act M G-L. c 131, §40 064 0624
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Department of Environmental Protection.
13. The work shall conform to the plans and special conditions referenced in this order
14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the
Department in writing whether the change is significant enough to require the filing of a new Notice of
Intent.
15. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Department.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall
immediately control any erosion problems that occur at the site and shall also immediately notify the
Department, 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
19. 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
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.
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Massachusetts Department of Environmental Protection
Bureau of Water Resources-Wetlands Program MassDEP File#
Superseding Order of Conditions 064-0624
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:
iii. 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
19(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 BMPs Operation and Maintenance Plan ("O&M Plan") and certifying the
following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and fl.)the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and implement the
Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in accordance with
the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable,
the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination
System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage
easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the
landowner of the property must submit to the issuing authority a legally binding agreement of record,
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 19(f)through 19(k) with respect to that
BMP. Any failure of the proposed responsible party to implement the requirements of Conditions
19(f) through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or
Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A
plan and easement deed that grants the responsible party access to perform the required operation
and maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design
plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook.
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-� Massachusetts Department of Environmental Protection
1-� Bureau of Water Resources-Wetlands Program MassDEP File#
Superseding Order of Conditions 064-0624
—_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 — —
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall.
1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years
of inspections, repairs, maintenance and/or replacement of the stormwater management
system or any part thereof, and disposal (for disposal the log shall indicate the type of
material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation Commission
("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and inspect the
site to evaluate and ensure that the responsible party is in compliance with the requirements
for each BMP established in the O&M Plan approved by the issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in
accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited-
j) The stormwater management system approved in the Order of Conditions shall not be changed
without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit
(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development
Site Design Credits) shall not be altered without the prior written approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing
constructed around stormwater BMPs shall include access gates and shall be at least six inches
above grade to allow for wildlife passage.
Special Conditions (See att:ci,t d sheet(s) or below for additional Special Conditions
numbered 20 through 44.
See attached
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�—} Massachusetts Department of Environmental Protection
Bureau of Water Resources–Wetlands Program MassDEP File#
1 Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40 064-0624 _
D. Findings Under Municipal Wetlands Bylaw or Ordinance
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the
Massachusetts Wetlands Protection Act or regulations, the Department has no jurisdiction to
supersede the local by-law order.
E. Issuance
This Order is valid for three years from the date of issuance, unless otherwise specified
as a special condition pursuant to General Conditions#4 or#6.
Issued by: Massachusetts Department of Environmental Protection:
Northeast
M DEP Re ' nal Offic/e
_1- sM_a " -- March 1. 2018 _
Deputy Regional Director Signature Date
Rachel Freed
Deputy Regional Director Printed Name
This Order is issued to the applicant as follows:
® by Hand delivery on ❑ by certified mail on:
March 1, 2018
Date Date-Certified Mail#
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t
Massachusetts Department of Environmental Protection
Bureau of Water Resources—Wetlands Program MassDEP File#
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G L. c. 131, §40 064-0624
F. Appeal Rights and Time Limits
The applicant, the landowner. the conservation commission, any person aggrieved by the
Superseding Order, Determination or other Reviewable Decision as defined at 310 CMR 10.04, who
previously participated in the proceedings leading to this Reviewable Decision, the conservation
commission, or any ten (10) residents of the city or town where the land is located if at least one
resident was previously a participant in the permit proceeding, are hereby notified of their right to
appeal this Reviewable Decision pursuant to M G.L. c.30A, § 10, provided the request is made by
certified mail or hand delivery to the Department, along with the appropriate filing fee and a MassDEP
Fee Transmittal Form within ten (10) business days of the date of issuance of this Superseding Order
or Determination, and addressed to,
Case Administrator
Office of Appeals and Dispute Resolution
Massachusetts Department of Environmental Protection
One Winter Street, 2'd Floor
Boston, MA 02108
A copy of the request(hereinafter also referred to as Appeal Notice) shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, the person that
requested the Superseding Order or Determination, and the issuing office of the MassDEP at:
MassDEP—Northeast Region
Wetlands Program
2056 Lowell Street
Wilmington, MA 01887
In the event that a ten-resident group requested the Superseding Order or Determination, the Appeal
Notice shall be served on the designated representative of the ten resident group, whose name and
contact information is included in this Reviewable Decision (when relevant).
Contents of Appeal Notice
An Appeal Notice shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR
1.01(6)and 310 CMR 10.05(7)(j), and shall contain the following information:
a) the MassDEP Wetlands File Number, name of the applicant, landowner if different from applicant,
and address of the project;
b) the complete name, mailing address, email address, and fax and telephone numbers of the party
filing the Appeal Notice; if represented by consultant or counsel, the name, fax and telephone
numbers, email address, and mailing address of the representative: if a ten residents group, the
same information for the group's designated representative;
c) if the Appeal Notice is filed by a ten (10) resident group, then a demonstration of participation by
at least one resident in the previous proceedings that led to this Reviewable Decision;
d) if the Appeal Notice is filed by an aggrieved person, then a demonstration of participation in the
previous proceeding that lead to this Reviewable Decision and sufficient written facts to
demonstrate status as a person aggrieved;
e) the names, telephone and fax numbers, email addresses, and mailing addresses of all other
interested parties, if known;
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��!1 Massachusetts Department of Environmental Protection
t� bureau of Water Resources-Wetlands Program MassDEP File#
Superseding Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 064-0624_
F. Appeal Rights and Time Limits (cont.)
f) a clear and concise statement of the alleged errors contained in the Department's decision and
how each alleged error in inconsistent with 310 CMR 10.00 and does not contribute to the
protection of the interests identified in the Wetlands Protection Act, M.G.L. c.131, §40, including
reference to the statutory or regulatory provisions that the party filing the Appeal Notice alleges
has been violated by the Department's Decision. and the relief sought, including any specific
desired changes to the Department's decision:
g) a copy of the Department's Reviewable Decision that is being appealed and a copy of the
underlying Conservation Commission decision if the Reviewable Decision affirms the
Conservation Commission decision;
h) a statement that a copy of the request has been sent by certified mail or hand delivery to the
applicant and the conservation commission:. and
i) if asserting a matter that is Major and Complex, as defined at 310 CMR 10.04(1), a statement
requesting that the Presiding Officer make a designation of Major and Complex, with specific
reasons supporting the request.
Filing Fee and Address
A copy of the Appeal Notice along with a MassDEP Fee Transmittal Form and a valid check or money
order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars($100)
must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
Commonwealth Master Lockbox
P.O. Box 4062
Boston, Massachusetts 02211
The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a
waiver. The filing fee is not required if the appellant is a city or town (or municipal agency), county,
district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department
may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2)for a person who shows
that paying the fee will create an undue financial hardship. A person seeking a waiver must file an
affidavit setting forth the facts believed to support the claim of undue financial hardship together with
the hearing request as provided above.
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Massachusetts Department of Environmental Protection
Bureau of Water Resources—Wetlands Prograrn Ma$sUEP File#
Superseding Order of Conditions 064-0624
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 --- --
G. Recording Information �—
This Superseding 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 narne
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 Department.
Massachusetts Department of Environmental Protection Northeast Regional Office
Issuing Authority
2056 Lowell Street, Wilmington, MA 01887 _ -
--- ----- ._— — ----- - - --- - — —
MassDEP Regional Office Address
Please be advised that the Order of Conditions for the Project at:
9 Mason St., 3A Buffum St. Ext., 23 Mason St., 064-0624
Salem, MA PvlassDEP File Number
Has been recorded at the Re i:,trf of Deeds of:
Essex
County Book Page
For: — -- - ---- --- --- - ----- — _
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number Signa'.ure of Applicant
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SUPERSEDING ORDER OF CONDITIONS
DEP File Number 064-0624
Special Conditions
20. All work shall conform with the following plans, reports and special conditions:
a) "Juniper Point 9 S. Mason Street. LLC, 9 S. Mason Street, Salem, MA," dated January 26, 2017,
prepared by Griffin Engineering, LLC.
b) "Juniper Point 9 S. Mason Street, LLC. 9 S. Mason Street, Salem, MA, Proposed Flood Openings,"
dated November 22, 2017, prepared by Griffin Engineering, LLC.
c) "Lattice Design,"plans attached to January 25, 2013 letter from Griffin Engineering, LLC.
d) "Operation and Maintenance Plan," dated August 2016.
e) "Long Term Pollution Prevention Plan," dated August 2016.
21. This Superseding Order supersedes all previous Orders issued for this prgject, DEP File#064-0624. All
work shall conform to the Notice of Intent and plans and documentation referenced ahove unless otherwise
specified in this Superseding Order. In case of a conflict, the Conditions of this Superseding Order shall
prevail.
22. A copy of this Superseding Order shall be included in all construction contracts and shall supersede any
conflicting requirements.
23. A copy of this Superseding Order as well as the plans and reports referenced in Condition 420 shall be
available on site while activities regulated by this Order are being performed. In addition to the owners, all
contractors and subcontractors shall be held responsible for compliance with this Superseding Order.
24. No work shall commence on-site until all appeal periods have elapsed and this Superseding Order of
Conditions has been recorded with the Registry of Deeds and MassDEP has been formally notified via the form
provided at the end of this Order.
25. This Superseding Order shall apply to any successor or assigns in interest or control and any other party
engaging in activity on the property identified in the Notice of Intent.
26. Any proposed or executed change in the plans approved under this Superseding Order shall require the
applicant to file a new Notice of Intent with the conservation commission or to inquire of MassDEP in writing
whether the change is substantial enough to require a new filing. A copy shall be sent at the same time to the
Salem Conservation Commission. Any errors in the plans or information submitted by the applicant shall be
considered changes and the above procedures shall be followed.
27. Members and agents of MassDEP and the Salem Conservation Commission shell have the right to enter
and inspect the premises to evaluate compliance with the conditions contained in this Superseding Order, and
may require the submittal of any data deemed necessary by vlassDEP for that evaluation.
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28. The applicant shall employ an Environmental Monitor (LIM) to oversee all work within the Riverfront Arca
(RA) and Bordering Land Subject to Flooding (R1.SF) on the project site, including, but not limited to
supervision of the maintenance and replacement of all erosion controls and storm water structures. The
Environmental Monitor shall be responsible for ensuring compliance with this SOC during construction. The
applicant shall provide MassDEP and the Salem Conservation Commission with the name(s), address(es) and
telephone number(s) of the Envirorunental Monitor and his or her altcrnate prior to the start of work.
29. The Environmental Monitor shall inspect erosion controls on a weekly basis and after any storm events and
shall have the authority to modify existing controls or require additional controls if he or she deems it
necessary. The Environmental Monitor shall immediately control any erosion problems that occur on the site
and shall immediately notify MassDEP and the Salem Conservation Commission if any discharges to a wetland
resource area occur. MassDEP reserves the right to require additional erosion control and/or damage prevention
controls it may deem necessary.
30. The Environmental Monitor shall report in writing to :vlassDEP and the Salem Conservation Commission
once every month while construction is underway within the 100-foot buffer zone to confirm that all activities
are in compliance with the conditions of this SOC. Tile status report shall at a minimum include a description
of any erosion control problems, progress on construction and grading. changes in construction schedule,
actions taken to address problems and any other recommendations for site management.
31. Prior to the commencement of any activity on the site, there shall be a pre-construction meeting between
the project supervisor, the contractor responsible for the work, the Environmental Monitor, a representative of
the Salem Conservation Commission and a representative of MassDEP to ensure that the requirements of the
SOC are understood. Arrangements for the meeting shall be made at least two (2) weeks prior to any activity.
32. Prior to the start of work,the applicant shall submit a construction sequence to MassDEP and the Salem
Conservation Commission, for approval by MassDEP. The construction sequence shall include a plan showing
the location of any soil, material stockpile areas and any temporary, construction period, stormwater BMPs.
Work shall not commence until MassDEP has approved the construction sequence.
33. Prior to the start of work, erosion controls consisting of silt fence and staked haybales shall be installed
around the limits of work. These barriers shall serve as the limit of disturbance and shall be installed as close
to the work area as possible. Erosion controls shall remain in place until MassDEP approves their removal.
34. Immediately following the installation of stormwater BIMPs, 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. Upon installation of all infiltration basins,and prior to cover being placed over the basins, a report shall be
submitted to MassDEP verifying depths and measurements of each basin as well as all invert elevations.
36. No fill, beyond that permitted by this SOC, may be placed or stockpiled, on the project site, within BLSF.
37. Upon completion of the project and full stabilization of all disturbed surfaces, all sedimentation barriers
shall be removed from the site. Soil surfaces which are disturbed by the erosion controls shall be raked smooth
by hand (if needed) and seeded with an appropriate seed mix.
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38. Upon completion of construction, all exposed soils shall be seeded with appropriate vegetation or otherwise
stabilized by a method acceptable to the MassDl:P and Salem Conservation Commission.
39. At no time during or atter construction shall fill or other materials be placed_ slump into or fall beyond the
limit of grading as shown on the plan. The Environmental Monitor shall be responsible for inspecting and
maintaining all slopes and shall inunediately notify the MassDEP and the Salem Conservation Commission if
slumping, erosion or encroachment occurs.
40. Excess soil, rock and debris excavated or generated during the course of this project shall be removed from
the site and disposed of in a legal manner. Kecords as to the destination of all materials, including excess fill
and loam,to be removed from the site shall be kept on file and shall be provided to the MassDEP and the Salem
Conservation Commission upon request.
41. Storing, servicing or cleaning of equipment, including but not limited to fueling, changing, adding or
applying lubricants or hydraulic fluids, or washing%rinsing of trucks or equipment, shall be performed outside
the 100-foot buffer zone.
42. During work on this project, there shall be no discharge or spillage of fuel, oil or other pollutants, including
sediments, onto any part of the site. The applicant shall take all reasonable precautions to prevent the release of
pollutants by ignorance, accident or vandalism.
43. All stormwater structures shall be managed and maintained in accordance with the project's Operation and
Maintenance Plan (referenced in Condition #20) and the conditions contained in this Superseding Order. This
Condition shall remain in effect in perpetuity and shall be recorded on the Certificate of Compliance.
44. Upon completion of the project, the applicant shall request a Certificate of Compliance from the MassDEP
and shall submit the following information with the request:
a) A written statement by a professional engineer or land surveyor registered in the Commonwealth of
Massachusetts certifying compliance with the approved plans referenced above and this Superseding Order of
Conditions and setting forth deviations, if any exist;
b) An as-built site plan prepared by a registered land surveyor or registered professional engineer showing
location and grades of the project, including but not limited to: buildings, driveways, parking lots, landscaping,
stormwater BMPs, and site grading.
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