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64-356 -Bakers Island Pier - CONSERVATION COMMISSION 13r-. THE FOLLOWING IS/ARE THE BEST. IMAGES FROM POOR QUALITY ORIGINALS) IM /A\o( L DATA r �►ental Protection t DEP File Number. ':,ompliance 64-356I.G.L. c. 131, §40 Provided by DEP > � _ IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII�IIIIIII , 2016101600466 W26184 P9,244 JaMS12M 14:41:00 OTHER PC tl3 MA 01915 state Zip Code Erse%c Southern District irk regulated by a final Order of Conditions issued to: Registry of Deeds 36 Federal` Street-' Salem, MG 01970 64-356 I&16�2'006 DEP File Number Salem Time: 14:41 Type: OTHER' Loc: SALEM City/rows Inst 466 BK 26184-244 Lot126 FEE 55.00 ParoeVLot Number ENV FEE 20.00 the Registry of Deeds for. Payment. .00 75.00 23112 32 Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Site photos were sent in by the applicant due to the difficulty in getting to the project area,which is located on an island. B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Page 1 ur4 wpetma 8b.dw•rev.7113104 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: Bakers Island 64-356 Project location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Property Owner and has been noted in the chain of title of the affected property on: el)Date 62 Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpa"BbAoc•rev.711=4 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: W Form 813 - Certificate of Compliance 64-356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP +) A. Project Information IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Important 1. This Certificate Compliance is issued to: When filling out t of Comlia, 2006101600466 Bk,26184 Pg,244 forms_onthe Donald W. Morse 10/16/2006 14:41:00 OTHER Pe 1/3 . computer,use Name keyto move k 25 Cresent Avenue key to move your cursor- Mailing Address -do not use the Beverly MA 61915 return key. Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Donald W. Morse Name October 23,2003 64-356 Dated DEP File Number 3. The project site is located at: Bakers Island Salem Street Address Cityrrown Map 46 Lot 126 Assessors Map/Plat Number Paroel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for. Bakers Island Wharf Co Property Owner('d different) Essex 23112 32 County - Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Site photos were sent in by the applicant due to the difficulty in getting to the project area,which is located on an island. B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification. It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpafo eb.doc•rev.7113104 - Pagel of Y .,setts Department of Environmental Protection .t'°f Resource Protection -Wetlands DEP File Number. ,40A Form 8B - Certificate of Compliance 64-356 J Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 Provided by DEP A. Project Information Important 2006111�60�04I6I6IIIeIkIII26hIiI�IIIIPI9:244 When filling out 1. This Certificate of Compliance is Issued to: forms on the Donald W. Morse ! 10/1a/2008 14_41.00 OTHER Pe 1B computer,use Name only the tab 25 Cresent Avenue c key move Mailing Address your cursor- MA 01915 do not use the Beverly State zip Code return key. Cilyrrown 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Donald W. Morse Name October 23 DEP File 2003 DEP File Number Dated 3. The project site is located at: Bakers Island Salem rown Street Address Lot 126 M � Lot 126 Assessors tpfplat Number Parce"Number the final Order of Condition was recorded at the Registry of Deeds for. Bakers Island Wharf Co property Owner(if different) 32 Essex 23112 County Book Page Certificate� _ - 4,f A site inspection was made in the presence of the applicant, or the applicants agent, on: Site photos were sent 1n by the applicant due to the difficulty in getting to the project area,which is Iocated on an island. B. Certification Check all that apply: complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Pop 104 "wpofarm eb.dx-rev.W13104 n a T. CITY OF SALEM CONSERVATION COMMISSION October 4, 2006 Donald Morse 65 Cresent Avenue Beverly,MA 01915 Re: Certificate of Compliance—DEP #64-356—Bakers Island, Salem, MA Dear Mr. Morse: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem Massachusetts. Please fill out and return the RecordingInformation on page 4 of the Pg Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely, / �y Carey 9s Du ,— Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information ImpoWhen filling out 1. This Certificate Compliance of C Nance is issued to: When forms on the Donald W. Morse computer,use Name the tab key to move 25 Cresent Avenue key your cursor- Mailing Address do not use the Beverly MA 01915 return nkey. Cityrrown state Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Donald W. Morse Name October 23, 2003 64-356 Dated DEP File Number 3. The project site is located at: Bakers Island Salem street Address Cityrrown Map 46 Lot 126 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for. Bakers Island Wharf Cc Property Owner(if different) Essex 23112 32 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Site photos were sent in by the applicant due to the difficulty in getting to the project area,which is located on an island. B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: it is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpe(mn ab.Ex•rev.711304 Pagel of 4 ii Massachusetts Department of Environmental Protection LFJ Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance sa 356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cunt.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem September 28, 2006 Conservation Commission Date of Issuance This Certificate must be igned by a majority of the Conservation Commission and a copy sent to the applicant and appropria DEP Regio I Office(See A chment). Signatures: ,1 wparo m Bb.dcc•rev.7113004 Pepe 2 of 4 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cunt.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 28 Of September 2006 Day Month Year before me,the undersigned Notary Public, personally appeared Kevin Comacchio Joseph Fumed Keith Glidden David Pabich and Michael Blier, 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 CityfIrown owde CAREY R.DUOUES Nal A.Public OF wsrwaaperrs My Commission Expires August 16.2013 Signature offJotary Public Carey R Duques Printed Name of Notary Public August16 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpa<ane ftdac•rev.711304 Pape 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64_356 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at Bakers Island 64-356 Project Location DEP File Number Has been recorded at the Registry of Deeds of. Essex County for. Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant vgaform 8b.dw•rev.7113e4 Pane 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 hall transmlNal forms and DEP Payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston,MA 02211 DEP Westam Region Adams Conan Hen4den Moaoe Pidafiad Tyrirghem 436 Dwight Street AAM oa«mn Comely Hanoodit hIalfitidl Vida Cmomviptan Habitat moms" a WW" Suite 402 Amtwe. Delmn 18.1y Montgomery Rowe Wawim Springfield,MA o1103 Be"Adfaid Easthampton Wendel Phone:413-784.1100 gao,onoae1 Eat Larpmadcw Holland NeaAatlad saws we~ Fax 413-78&1149 earnaamm Eganem Hdycia N r +inn Westhampton � Bladfard Erwing HWmpten sixinglikad BdmftM Florida ranemaagn Nadi Adere Snameary West Smoedege Buddend GB tee Namanplan same phon "really Cnamrrne Gmaen term Namesle So,dhHaeey witraam Cneau. 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Gmrrdd Narmdet Rehoboth Waehan Lakeville,MA 02347 Awn Oae,ry Haim Ner Bedford Rochester Wanes Phone:508-946.2700 Baffst o Eesmmt Hamer NamAldabo,04. Rowwa wsaBridgawater Fax:508.94 SwdwKh Walloon 7-M7 BournesEaMen&°QeM�'r HHarral NNawwell SCHIMAD Wag TDD:5W946-2795 Brewster Edgamw, OVOIDn Oak Beam Seekonk Whromam Brkowsw Feat~ lakev@a Orman Sham Wrentham Wooden Fax Rwer MaaBad Pembroke Sanaeet Tenroah Cava FamoWh Marion Plainville Staugnnon Chahar Fomaapn Marshfield ptyrnwxon dM F Teudm C Wk Fraradn Meslnpee DEP Northeast Region Aneabuv Chalmcress lard H�u�W, Mellon RarNW*h Wakete 1 Winter Street tamest tke Mitleam Reamg wamem Boston,MA 02108 � Concord "With keen Revere waeeoam Phone:617-654.6500 Bedard � W R walland Fax 617556- sanA L�"oon Menem ROM WW"" Bev" Dwar Urasa Nobel, Sawn Weom TDD:617574-6868 oraaa Lowell No$~ SambaY W Hewdoy Boom Easier Lynn Heaaav �n Westwuoe Bnm*w Fr anaynan Melaston lon Newem Somerville W9/raoUm &oakare Mamda m Namur Stoneham N Stoneham vwmkv n GGk MaOleteed Nam Arrbver Suddry Wlndeemr Cambridge Grwaand , bi North Reading Saarrytmtl Winthrop Calm Hemfaam MBQord Norwood Teak" Wotan Ca6ae Haverhill Merma Psebody ropdm wpamrft.dw•DEP Addresses-row.VAU Page 1 Of t e / f 5 � I IANA 1\,k�I � lid P WIN �'� �I� .� i �`I. -�•S,�F'�ltV` S1°%.. 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Rv,o S 7FKga 4a��a'�y'� `y�. ,,spa A,• � � F � + t 111. f. m� �5� �'i\- ` '. . • ��wiU•_� � !' y; �� `tr �` ta'Y. �+ 'Y' < r � w' Y .fr - � y�a$k.w'Z. ii.i t �ti., .t ♦ �¢CI�.J�''.e, ,. \clt:{i .-n, '�y*` w •. 71 . iu f e ti a °,°\,°°X\°�l�R� 1 a � V�j p : d Iua.,,y mot` ' •4a Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance 4!1:7Ll _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the 1)0 (0y � s� (� yljld�5 computer, use Name only the tab S key to move C 2 Es cc ry T C 14 U your cursor- Mailing Address tp do not use the tv l; return key. City/Town State Zip Code s6T s'23 o9a1 +� Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: b0v +-:)� WI01Zs Etas 000'1� C_v Applicant 10 ,3 � 3 ,6�(0 Dated ' DEP File Number Upon completion of the work 3. The project site is located at: authorized in an Order Conditionss,,the Street Address City/Town d�property owner ' 26�/ must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance � q g y from the issuing s 6l) 1505 15s" ,X authority stating Property Owner(if different) that the work or �S 5£ X 9-3 1 12 Z portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. ThZhe uest is for certification that (check one): work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpafcrm8a.doc•rev.7/13/04 Page i of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Attachment). naform8a.doc•rev.7/13M Page 2 of 2 2 re� II (' RECEIVE® Nc ' oSe are- F4or0S to SEP182006 DEPT. OF 1 L't 7 S h G c� �,L: � aiF' � �1�1 2 v✓1��/1 e -E COMMUNITY PLANNING VELOPMENT �r ��' ee. f Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands ram' w 64-356 WPA Form 5 - Order of Conditions Provided by DEP ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions -I" To: Applicant: Property Owner(if different from applicant): Donald Morse Bakers Island Wharf Co. Name Name 34 Central Street Bakers Island Mailing Address Mailing Address Rowley MA 01969 Salem MA 01970zip City/Town State Zip Code City/Town state Code 1. Project Location: Bakers Island Salem Street Address Cityn"own Map 46 Lot 126 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 3189 329 County Book Page NA Certificate(if registered land) 3. Dates: September 23, 2003 October 23, 2003 October 23, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Baker's Island As-built pier(per NO]filing) 11/23/93 Title Date 5. Final Plans and Documents Signed and Stamped by: NA Name 6. Total Fee: $160.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Forth 5 Page 1 of 7 Rev.02/00 - x Massachusetts Department of Environmental Protection DEP File Number: i Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DO— Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 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: ❑ Public Water Supply ® Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (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. WPA Form 5 Rev.02/00 Page 2 of 7 '\ Massachusetts Department of Environmental Protection °EP File Number: ., Bureau of Resource Protection - Wetlands 64-356 w WPA Form 5 - Order of Conditions Provided by DEP " Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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 64-356 " 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. WPA Form 5 Page 3 of 7 Rev.02100 - Massachusetts Department of Environmental Protection DEP File Number: Ulf Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Page 4 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Numbe`ug Bureau of Resource Protection - Wetlands _35WPA Form 5 - Order of Conditions Provided by DEPMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. �c:'�-obar 23� 2oQ3 Date This Order must be signed by a majority of the Conservation Commission.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 E ironmental P tection Regional Office (seeZ.Aend- A)and th property owner(if ifferent from pl cant). Signatures Q VtJI. On Of Day Month and Yeah before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he sh� executed the same a _his/her free act and deed. Notary Public VMy CoMmission Expires I his Order is issued to the applicant as follows: ❑ by hand delivery or, IK by certified mail, return receipt requested,on Date Date WPA Form 5 Page 5 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. 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 Appendix E: 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 5 Page 6 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) 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: Bakers Island Pier 64-356 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form5 Page 7 of Rev.07J00 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-356 Bakers Island Pier, Salem, MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CUR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply, and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other.than MGL Chapter 131,Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-356,and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. 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 Corp 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 (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. 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. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. 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 signed statement 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. 14. Conditions number NA as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTTON MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. 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 Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be NA hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; additional measures may be required by the Commission. 22. 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. 23. 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. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty 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. 27. If soils are to be disturbed for longer than two 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 surfaces shall be stabilized by other appropriate erosion control measures,fimrly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. 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. 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 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 rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil, or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in ran-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby 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. POST CONSTRUCTION 39. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed, and seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. i 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. 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. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. All work barges and sea vessels shall have a spill kit on board at all times in the event of an accidental hydraulic or fuel leak and/or spill. 45. A containment boom shall be installed around the work area prior to the commencement of any activity.This will insure that any fallen debris from the pier work shall be contained within the work area and will not enter into any water resource area.In the event that any fallen material enters into open waters and/or a resource area, the contractor shall retrieve and dispose of it in a timely and proper manner. L� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions tQ To: Applicant: Property Owner(if different from applicant): Donald Morse Bakers Island Wharf Co. Name Name 34 Central Street Bakers Island Mailing Address Mailing Address Rowley MA 01969 Salem MA 01970zip Citylrown State Zip Code Cityrrown _ State Code 1. Project Location: Bakers Island Salem Street Address City/rown - Map 46 Lot 126 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 3189 329 County Book Page NA Certificate(if registered land) 3. Dates: September 23, 2003 October 23, 2003 October 23, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Baker's Island As-built pier(per NOI filing) 11/23/93 Title Date 5. Final Plans and Documents Signed and Stamped by: NA Name 6. Total Fee: $160.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02/00 '\ Massachusetts Department of Environmental Protection DEP File Number: Bureau.of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 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: ❑ Public Water Supply ® Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control Furthermore,this Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. 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: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. 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. ❑ 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). General Conditions (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. WPA Porte 5 Rev.02/00 Page 2 of 7 Massachusetts Department of Environmental Protection DEP File Number: + Bureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by DEP x yi3 J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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,VA DEP'J "File Number 64-356 " 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 BA)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 fling 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. WPA Forth 5 Page 3 of 7 Rev.WI00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-356 LL WPA Form 5 - Order of Conditions Provided by DEP ?' -s Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name - Municipal Ordinance or Bylaw - 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. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional 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. WPA Form 5 Page 4 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: y Bureau of Resource Protection -Wetlands 4,4_35- f > WPA Form 5 Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. �3c:'cvb�r- 13 2043 Date .1 This Order must be signed by a majority of the Conservation Commission.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 E ironmental P tection Regional Office (see A nd` gndproperty owner(if ifferent from pl cant). Signatures: V w 1/111. On Tuve ..tt, Z�:: Of Day Month and Year before me personally appeared Abe y e L- to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/shq executed the same a _his/her free act and deed. J . `�1 A`^yr 5�- SD i 20,�_-- Notary Public VMy Co mi— ssr ion Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date WPA Form 5 - Page 5 of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: lBureau of Resource Protection - Wetlands 64-356 WPA Form 5 - Order of Conditions Provided by CEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. 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 Appendix E: 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. 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. D. 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 Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 5 Page 6 of 7 Rev.02I00 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64-356 p > WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) 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: Bakers Island Pier 64-356 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Forth 5 Page 7 of 7 Rev.02/00 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-356 Bakers Island Pier, Salem,MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply, and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40,and Wetlands Regulations 310 CUR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing, a sign shall be displayed showing DEP file#64-356,and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. 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 star. 816),U.S.Army Corp 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 (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. 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. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone, other than that approved in this Order, shall occur on this property without prior approval from the Commission. i 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. 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 signed statement 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. 14. Conditions number NA as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. 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 Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be NA hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. 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. 23. 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. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty 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. 27. If soils are to be disturbed for longer than two 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 surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. 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. 30. Only clean fill, free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site. 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 rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by band. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when completed. 38. The applicant is hereby 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. POST CONSTRUCTION 39. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. 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. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. All work barges and sea vessels shall have a spill kit on board at all times in the event of an accidental hydraulic or fuel leak and/or spill. 45. A containment boom shall be installed around the work area prior to the commencement of any activity.This will insure that any fallen debris from the pier work shall be contained within the work area and will not enter into any water resource area.In the event that any fallen material enters into open waters and/or a resource area, the contractor shall retrieve and dispose of it in a timely and proper manner. +l�Du11 e� 4'YJK1 d/9Grj �¢ o Yqq plavl h t+?I�a c r�ril n, Uvr i tY (�v��fopyrr10-4-4 RECEIVED n = Wl �'e f o SEP 0 8 2003 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT e /f c) 4,ri4 TS �� c( e we la ree �r s ,M• if s. n �/ /ate y+� k—&-05v a v � / l I a ! dr 2I✓lPc (c�`�� r / S4vl /c • e j t� �e 2 �e 5 S the 2 ✓! 5 T trd t a� 1. a l( h e �LC� f +, 3-eee ��/w�� a c a l� � jr 0,/Yl dos Sd�vt -e yj e p je ff jr an da . t'fl an le-r- hey- q)(i2 eA 54e d ✓/ 5 -e i c�—vt� ac( �� /vv�2 11'(�d�c`y✓la�l� l 1S ee- ad ,4a -rjen se (,ed v (e -kk e hea tr rlg 34 Central Street Rowley, MA 01969 September 20, 2003 Jill E. Provencal License Reviewer Waterways Regulation Program Department of Environmental Protection 1 Winter Street Boston, MA 02108 Dear Ms. Provencal: Please be advised that the Bakers Island Wharf Company is planning to perform maintenance work on the Bakers Island wharf (Harbor and Lands License 1318 dated 1891). This work consists of replacing ten pilings, replacing four landing platforms and several timbers and cross braces. There will be no changes to the existing footprint. Based upon your telephone message, it is my understanding that no further license is required in order to carry out this work. S;in�cerely, f q Donald W. Morse (applicant for Bakers Island Wharf Co.) cc: Salem Conservation Commission Massachusetts Department of Environmental Protection Prroldded�bYD y h Bureau of Resource Protection -Wetlands °�.',DEP File N<� x . �" 'C�bvs+ " WPA Form 3 — Notice of intent 4 ROO � t��,�Ood¢ rlt 7rarisadion N1�mrtier k Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 "i cityrrown A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): RA0E2S ` -51- Nl Sf L-r- M Ul ? 7o a.Street Address b.Cityrrown c.Zip Code Latitude and Longitude, if Known: d.latitude e.Longitude 4+0 i 2 f.Assessors Map/Plat Number g.Parcel/Lot Number Important: When filling out 2. Applicant: forms on the Dy f OU,1) M /) RS9 computer, use a.First Name b.Last Name c.Company only the tab a C�� ; 14L key to move `�" /5 your cursor- d.Mailing Address t / C� q do not use the R d r'.�J Lj, 7 return key. e.City/Town f.State g.Zip Code 6-d8 m�3 vllat� h.Phone Number i.Fax Number j.Email address 3. Property owner(if different from applicant): ❑ Check if more than one owner R1tkF�s Zsrryi� trJy/tRr Gv, a.First Name b.Last Name c.Company d.Mailing Address Note: -5 4�- 5 o..i_. ....�_.._ crnq g.Zip Code uct UfFd e.in;yl I U*il completing this form consult h.Phone Number i.Fax Number i.Email address your local Conservation 4. Representative (if any): Commission regarding any a.Fim°. ...uciaNal bylaw or ordinance. b.Contact Person First Name C.Contact Person Last Name d.Mailing Address e.Cityrrawn f.State g.Zip Code h.Phone Number i.Fax Number i.Email address ❑ Select if 5. Total WPA Fee Paid (from Appendix A, Wetland Fee Transmittal Form): you want to see Wetland Fee Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid Form. 6. General Project Description: 2E111oyC- 4pb 1::5N)Prk prl-106S 4 -- P.y)-rroRMS AN-b ScY151Z L Ross sRRCgs dN ov7Fe 50 'If or UM44le . ND CViA,"'6: Ta FDo T PR1N 1 wpafamadoe•rev.D5M Page 1 of 8 - c - Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of intent =. Nipbbeti. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cilyrrown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. Commercial/Industrial e. E Dock/Pier f. ❑ Utilities s ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for. E!6Ex a.County 3189 `` b.Book 3 ')--9 c.Page Number d.Certificate#(d registered land) _ 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal bank, coastal beach, coastal dune, or sah marsh? a. ❑ Yes If yes, skip to Section C. b. 21' No If no, check the resource areas to be affected by this project, directly below. Pape 2de wpaimm9.dw-nw.O&W Prov"`1dedblrDEta" -`d ^' Massachusetts Department of Environmental Protection xa r r ` a Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent popvnerdTrelntVumber- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 cltyrrown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any) Include your document transaction a. ❑ g Bank 1.linear feet 2.linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. f[� Land under 1 square feet 2.square feet supplementary Waterbodies and (�Rf y„ /V Pi"_1A1 ,f l� information you Waterways 3.cubic yards dredged submit to the d ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of food storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject , to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1. Name of Waterway (if available): 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3.Total area of Riverfront Area on the site of the proposed project: Square Feet 4. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 10o R and 200 ft. S. Has an alternatives analysis been done and is it attached to this NO[? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No Pape 3 pf 8 wpafam3.eoe•rw.MW Massachusetts Department of Environmental Protection Provrdedby°e 7 Bureau of Resource Protection -WetlandsI oEEF -Nurr . WPA Form 3 — Notice of IntentN�� i baanmtY2r�sa�onNumb Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 LNL �" c /Town B. Resource Area Effects (continued) 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any) Include your document a ❑ Designated Port Areas Indicate size under Land Under the Ocean, below transaction 1 number —/ 25 CDR/!Ui 10 P ��^ C (provided on b. Lr� Land Under the Ocean f.square feet 6:ik m) your receipt page)with all 2.cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1 Square fee 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores 1 Square feet h.❑ Salt Marshes 1 Square feet 2.Sq it restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1 Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Watertwdies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b.Limited Project Page 4 or e w4%rb r9.aoe•rep.08W 1 Massachusetts Department of Environmental Protection 4,Pd 10EPrE �Ii Bureau of Resource Protection - Wetlands ,k FNranber ate ,z ' WPA Form 3 - Notice of Intent � Massachusetts Wetlands Protection Act M.G.L. C. 13.1, §40 Q>4L W) crgfTown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2 ❑ DEP BVW Field Data Form (attached) numbered (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attach your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource f ❑ Credible evidence of conditions prior to disturbance Areas, please attach a narrative explaining how the resource area was delineated. D. Other Applicable Standards and Requirements 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 b.Dare of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ❑ Yes❑fish If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ❑ Not applicable—project is in inland resource area only Page 5 d a wpdonnUne•M.O&W 1 Massachusetts Department of Environmental Protection - Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4K�L C'itylrown D. Other Applicable Standards and Requirements (continued) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a.❑ Yes LR No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L.c. 130,§105)? document a. ❑ Yes L5 No transaction number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ❑ No If yes,describe which exemption applies to this project: submit to the PA- Department. b.Exemption ❑ No /�V/ /# 6. Is this project subject to the DEP Stornwater Policy? a. ❑ Yes b. If yes,storrnwater management measures are required.Applicants should complete Appendix B: Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. r. ❑ USGS or other map of the area (along with a narrative necessary)description, containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Weiland JBVWJ replication area or other mitigating measure) relative to the boundaries of each affected resource area. papsada wpdpm9.dx•m+08103 #.,.f$ y r i L Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 S L E cily/ro" E. Additional Information (continued) 3.❑ Other material identifying and explaining the determination of resource area boundaries shown on plans(e.g., a DEP BVW Field Data Form). Online Users: 4 Vyy the titles and dates for all plans and other materials submitted with this NOI. Include your document s. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. your receipt page)with all 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you 6. ❑ Attach Appendix A, see next page. submit to the Department. a. ❑ Attach Appendix B, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages.I and 2 of Appendix B)to confirm fee payment: r 1.Municipal Check Number 2 Check date 3.State Check Number 4.Check date 6.Payor name on dick:First Name 6.Payor riame on check Last Name ra,7as wpeom,sda•1W.oar a 9 '.`� �`R` sue.x 4 _ gy, ''+ x $ K k ,N(, j N r ♦ � r,.l. r , Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 y Cityrrown G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail ( um recei �Asted)ltolall abutters within 100 feet of the property line of the proje location. n. W � D Signature of Applicant Date `G3r4kEi25 'T3 yaruD W f1)9J2te CJ Date Signature of Property Owner(if different) Signature of Represertative(if any) lie For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other. If the applicant has checked the'yes' box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. vy,aea wpSkmadoc W.Gam, 'Y SIC 41 �j�/^ l� .D C��`"'' �R. ylhlA�%'t U�. .._ r -�s'='• .{rou �� .._st �l sr�ll�,e`n e.Lagle Head i a�� ,� r•a t {Q , o I c � _ - rp ,yt3�` e C`^ - �.._I . � ti""'Y .3J1 _ Rack Dandy - Head 1 Y �e.� wn Pickworth Pt Rock z L F Chubb 1`=' Gales Pt �' ro va ._ Ram P Hous IL : Great Miseryr t : Island :55�� 1 9'3 A . (S Ylm) /1 / 7�J, A . N1'' Y furls Misery ':. 3230 dN)NTNNN)3N)N��)N))N})'r))NNN)Y�L H 'if. - J A 1\mil II ,[ f�•:; Bakers Island ,t 4 Pop Head � I } 4N Gooseberry I Eagle I.r. ` -�7 r a � •^x it t �y r. i "' '�f Z. ( �~ref rxa. 'n r_ •, goss�e!,r_ •- t {,y F y}� lw- My y k > a ctV, . rz.F. ":14 .. r�e.'.� Alc�: �I.'..�.c.:'.t .. :,� .mot.. ,.. � x'1?d .•.. 'A�e>`r�.'"..�' $�,... -_:.: Il.A.:'uMM2T,-~�. },t f Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of r Environmental Protection William F. Weld Governor 0aniel S.Greenbaum Commissioner January 10 . 1994 Mr . Donald W. Morse 34 Central Street Rowley, MA 01969 Re : Pier located on Baker' s Island, Salem, MA Dear Mr. Morse : Based on the Harbor and Lands License 1318 dated 1891 and the plan you submitted titled "Baker' s Island As built pier" dated November 23 , 1993 , Department has determined that no license is required at this time . Please be advised that any future work may require authorizations from local, .state or federal agencies . If you have any questions with regard to the above, please contact me at (617) 556 -1151 . Sincerely, Jill E . Provencal License Reviewer Waterways Regulation Program CC : Salem Conservation Commission Andrew Syska, Harbormaster One Winter Street 0 Boston, Massachusetts 02108 • FAX(617)556.1049 • Telephone(617)292-5500