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64-553 - ALGONQUIN GAS TRANSMISSION - BEVERLY HARBOR - COLLINS COVE �<<��S (Cv✓2 a�e1 S�lro+�(ns S NEtSAL® UNV-12113 MADE IN USA SUSTAINABLE MM RECYCLED FORESTRY COYIB.lf 10% INIbeATNE Fiber Ca iSourcing POST-MUMER wsfpmgram.orp SFi01]Dp ° , ik CU '1 ; S j }; CITY OF SALEM y CONSERVATION COMMISSION October 16,2017 Sabrina Hepburn 890 Winter Street, Suite 300 Waltham,MA 02451 Re: Certificate of Compliance—DEP#64-553—Geotechnical Borings for Salem Lateral Project Dear Ms. Hepburn: Enclosed, please find the Certificate of Compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the 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) 619-5685. Sincerely, 14V Pak., Ashley Green Conservation Agent Enclosures CC: DEP Northeast Regional Office i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-553 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Sabrina Hepburn only the tab key Name to move your 890 Winter Street, Suite 300 cursor-do not use the return Mailing Address key. Waltham, MA 02451 Cityfrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Algonquin Gas Transmission, LLC Name 9/26/2013 64-553 Dated - - DEP File Number 3. The project site is located at: Beverly Harbor Collins Cove Salem Street Address Cityrrown N/A N/A Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: N/A Property Owner(if different) South Essex 32886 001 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: N/A Date . wpafrm80.d=•rev.5129114 WPA Forth 8e,CerOficate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-553 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenc ed. 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 6 I Conservation Commission Dat of I uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Offic See hft ://www.mass. ov/eea/a encies/massde /about/contacts/f' d the-mass re Tonal-office-for our-cit -or-town.html). ` Signatures: I U JAI jig wpafrmBb.dm•rev.5129114 WPA Form 813.Certificate of Compliance•Page 2 of 3 r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-553 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: ------------------- ---- ----- --------------------- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 wpafrm8b.ex•rev.5129/14 WPA Form 88.Certificate of compliance•Page 3 of 3 i c� O s � 1 1 1 1 1 NOTICE OF INTENT 1 Filing Under the Massachusetts Wetlands Protection Act 1 M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, (Chapter 50) 1 Geotechnical Survey 1 Salem Lateral Project Salem, Massachusetts 1 August 2013 1 Prepared for: 1 Spectra)) Energy. 1 Algonquin Gas Transmission, LLC 890 Winter Street, Suite 300 1 Waltham, Massachusetts 02451 1 Prepared by: _I TRC Environmental e 6 Ashley Drive, 1" Floor Scarborough, Maine 04074 'pl I� I _ r 6 Ashley Drive PFF 1st Floor Scarborough, ME 04074 207.879.1930 PHONE 207.879.9293 FAx www.tresolutions.com August 29, 2013 Ms. Julia Knisel, Chair Salem Conservation Commission 120 Washington Street, 3'd Floor Salem, MA01970 Subject: Notice of Intent—Geotechnical Exploratory Boring Program Algonquin Gas Transmission, LLC—Salem Lateral Project Dear Ms. Knisel: Algonquin Gas Transmission, LLC ("Algonquin"), a wholly owned subsidiary of Spectra Energy Transmission, LLC ("Spectra Energy"), proposes to conduct a geotechnical survey within the City of Salem as part of the design of the proposed Salem Lateral Project. The Salem Lateral Project will consist of a new 16-inch diameter pipeline and associated meter and regulator station facility to transport natural gas to the Footprint Power facility from Algonquin's existing HubLine pipeline located in Beverly Harbor. Algonquin is currently analyzing a number of construction techniques for pipe installation associated with the Salem Lateral Project, including the use of horizontal directional drilling' ("HDD") and the installation of coffer dam facilities to interconnect the proposed pipeline to the existing HubLine Pipeline and the proposed Footprint Power facility. The feasibility of using these installation techniques is largely dependent upon the subsurface conditions at the proposed pipeline location. Therefore, Algonquin is proposing a survey to characterize the geotechnical properties of the subsurface. This survey involves collecting geotechnical borings at locations adjacent to the proposed pipeline alignment to recover rock core samples that will document existing subsurface conditions and bedrock properties. Geotechnical borings are required for most major construction projects and the drilling operations are considered routine. Algonquin proposes to drill 13 geotechnical borings in the City of Salem to collect data along a potential HDD pipeline alignment and coffer dam installation area near the existing HubLine. Ten (10) of the borings will be located offshore and three (3) will be located onshore. The enclosed Notice of Intent ("N01") Application form and supporting documents are being filed with the Salem Conservation Commission pursuant to the Massachusetts Wetlands Protection Act ("MWPA") and its implementing regulations at 310 CMR 10.00 and the Salem Wetlands HDD is a trenchless construction method that would allow the pipeline to be installed below Beverly Harbor and Collins Cove. Ms. Julia Knisel, Chair Page 2 Salem Conservation Commission Protection Ordinance (Chapter 50). Algonquin is proposing this work as a utility limited project under 310 CMR 10.24(7)(b). The enclosed NO1 application includes the following information: • WPA FORM 3—Notice of Intent Application • Attachment A—Project Narrative • Attachment B—USGS and NOAA Site Locus Maps • Attachment C—Geotechnical Survey Permit Plans • Attachment D—Photographs of Geotechnical Survey Areas • Attachment E—Abutter and Property Owner List, Letter, Affidavit, and Proof of Mailing • Attachment F— Filing Fee Documentation • Attachment G—Proof of Mailing to Massachusetts Division of Marine Fisheries As required, we are providing one (1) original and seven (7) copies of this NO1 application and supporting documentation to the Salem Conservation Commission and one (1) copy has been submitted to the Massachusetts Department of Environmental Protection, Northeast Regional Office. In addition, one (1) copy of this NOI application has also been sent to the Massachusetts Division of Marine Fisheries. We have enclosed the required filing fee check in the amount of $727.50, which covers the Salem portion of the filing fee as well as a $250 check payable to the Salem News for the legal notice. We respectfully request that the Commission place this NOI application on the agenda for the Commission's next public hearing scheduled on September 12, 2013. If you have any questions regarding this request, please do not hesitate to contact me at 207-274-2604 or at rpaquette@tresolutions.com. Best Regards, TRC Environmental i�6GlILtGC (. Richard C. Paquette,Jr. Senior Project Manager Enclosures cc: Sabrina Hepburn, Spectra Energy 1 TABLE OF CONTENTS WPA FORM 3—NOTICE OF INTENT ' ATTACHMENTS Page ' ATTACHMENT A— PROJECT NARRATIVE ' 1.0 INTRODUCTION.................................................................................................................... 1 2.0 GEOTECHNICAL BORING LOCATIONS .................................................................................. 2 ' 2.1 Offshore Borings............................................................................................................... 2 2.1 Onshore Borings............................................................................................................... 2 3.0 WETLAND RESOURCE AREAS............................................................................................... 2 ' 4.0 DRILLING METHODOLOGY................................................................................................... 4 4.1 Offshore Borings...............................................................................................................4 ' 4.2 Onshore Borings............................................................................................................... 6 5.0 IMPACT AVOIDANCE AND MINIMIZATION MEASURES....................................................... 6 6.0 SUMMARY............................................................................................................................ 7 7.0 REFERENCES......................................................................................................................... 7 ' LIST OF TABLES ' Table 1: Offshore Geotechnical Borings and Coastal Wetland Resource Areas Summary............ 5 Table 2: Onshore Geotechnical Borings and Coastal Wetland Resource Areas Summary............. 6 ' ATTACHMENT B—Figure 1—USGS Quadrangle Map Figure 2—NOAA Chart ' ATTACHMENT C—GEOTECHNICAL SURVEY PERMIT PLAN ATTACHMENT D—PHOTOGRAPHS OF GEOTECHNICAL SURVEY AREAS ATTACHMENT E—ABUTTER LETTER, LIST, PROPERTY OWNERS,AFFIDAVIT OF SERVICE 1 ATTACHMENT F- FILING FEE DOCUMENTATION ATTACHMENT G—PROOF OF MAILING TO MDMF 1 I ' Geotechnical Survey i August 2013 i Salem,Massachusetts 1 ' WPA FORM 3 - NOTICE OF INTENT 1 1 Geotechnical Survey August 2013 Salem,Massachusetts Massachusetts Department of Environmental Protection Provided by MassDEP -p Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem-` City/Town Important:When A. General Information on forms on th th out e computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your Salem-Beverly Harbor and Collins Cove Salem 01970 ICI ' cursor-do not use the return a.Street Address b.City/rown c.Zip Code key. 42°32'14.48"&42031'48.07" 70052'56.97"&70053'02.78" � Latitude and Longitude: d.Latitude e.Longitude 1 _I 6 36, 37,41 &42 37-0064, 36-0277, 36-0474,42-0002 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: ' Hepburn Sabrina a.First Name b.Last Name Note: Algonquin Gas Transmission, LLC I ' Before c.Organization completing this 890 Winter Street, Suite 300 form consult your local d.Street Address ' Conservation Waltham MA 02451 Commission e.City/Town f.State g.Zip Code regarding any 617-560-1424 617-560-1360 she burn s ectraener municipal bylaw P @ P gy.com or ordinance. h.Phone Number i.Fax Number j.Email Address ' 3. Property owner(required if different from applicant): Check if more than one owner See Attachments A and E t a.First Name b.Last Name c.Organization d.Street Address e.City/Town f.State g.Zip Code ' h. Phone Number i.Fax Number j.Email address 4. Representative(if any): ' Richard Paquette,Jr. a. First Name b.Last Name TRC Environmental ' c.Company - 6 Ashley Drive, 1st Floor d.Street Address Scarborough ME 04074 ' e.City/Town f.State g.Zip Code 207-274-2604 207-879-9293 raquette@tresolutions.com h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $1,430.00 $702.50 $727.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 1/3/2013 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MasgDEP Bureau of Resource Protection - Wetlands MassDEP File Number . WPA Form 3 - Notice of Intent � � ° i' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Numbersale; Cityrrown ' A. General Information (continued) 6. General Project Description: ' See Attachment A-Project Narrative ' 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial I ' 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) ' 9. ❑ Transportation 10. M Other 71b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. M Yes ❑ No If yes, describe which limited project applies to this project: Exploratory geotechnical borings necessary for pipeline installation as defined by 310 CMR 10.24(7)(b) I ' 2. Limited Project 8. Property recorded at the Registry of Deeds for: N/A a.County b.Certificate#(if registered land) c.Book d.Page Number ' B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. ' 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal 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. ' Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other Resource Areas, a. El Bank 1.linear feet 2.linear feet please attach a b. ❑ Bordering Vegetated ' narrative explaining how W etland 1.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet 2.square feet ' delineated. Waterbodies and Waterways 3.cubic yards dredged ' wpaform3.doc•rev. 1/3/2013 Page 2 of 8 Massachusetts Department of Environmental Protection Provided by MassbEP Bureau of Resource Protection - Wetlands -MassDEP File Number i WPA Form 3 - Notice of Intent r Document Transaction Number 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 `" _Document "tTrans"�Number City/Town ' B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Pr000sed Replacement(if any) ' d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of Flood storage lost 4.cubic feet replaced ' e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet 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 100 ft.and 200 ft. ' 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No ' 3. K Coastal Resource Areas: (See 310 CMR 10.25-10.35) Check all that apply below. Attach narrative and supporting documentation describing how the project t will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) ' document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your 0.8 sq. ft.temporary ' receipt page) b. Land Under the Ocean with all 1.square feet supplementary information you 2.cubic yards dredged submit to the ' Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below 1.2 sq. ft.temporary d. Coastal Beaches 1.square feet 2.cubic yards beach nourishment ' (Tidal Flat) e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment i ' wpaform3.doc•rev. 111/2113 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MaisDEP , ' Bureau of Resource Protection - Wetlands f File i MassDEP File Number WPA Form 3 — Notice of Intent ' .Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 salmi City/Town t B. Buffer Zone & Resource Area Impacts (temporary & permanent) (corl Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shore s 1.square feet ' h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation i. El Land Under Salt ' Ponds 1.square feet 2.cubic yards dredged j. X Land Containing 2.0 sq.ft.temporary Shellfish 1.square feet k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above N/A 1.cubic yards dredged t 1. Q Land Subject to 2.2 sq.ft temporary Coasta I Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement ' If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.1b or B.3.h above, please enter the additional amount here. ' a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to ' http://www.mass.gov/dfwele/dfw/nhesi)/regulatorV review/priority habitat/online viewer.htm. a. ❑ Yes F No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Reviewed 8/15/2013 100 Hartwell Street,Suite 230 b.Date of map West Boylston, MA 01583 wpaform3.doc•rev. 1/3/2113 Page 4 of 8 ' Massachusetts Department of Environmental Protection Provide dbyMe.SSDEP ' Bureau of Resource Protection - Wetlands q# MassDEP File Number WPA Form 3 — Notice of Intent '" ' ' Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town ' C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please ' complete Section C.1.C, and include requested materials with this Notice of Intent(NOI); OR complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). ' 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: ' (a)within wetland Resource Area percentage/acreage ' (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site ' 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**" ' (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site ' (c)❑ MESA filing fee (fee information available at: htti)://www.mass.qov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts-NHESP"and mail to I ' NHESP at above address Projects altering 10 or more acres of land, also submit. ' (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries ' d. OR Check One of the Following 1.❑ Project is exempt from MESA review. ' Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.qov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to ' 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP ' Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see t http://www.mass.gov/dlwele/dfw/nhesp/nheso.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. '" MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. ' wpa(orm3.doc•rev. 11112111 Page 5 of 8 Massachusetts Department of Environmental Protection Pro vide d by MassDEP ' ' , � x � Bureau of Resource Protection - Wetlands -MassDEP File Number WPA Form 3 - Notice of Intent ' ;Document Transaction Numbed Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (cont'd) ' 3.❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management ' Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ' a. ❑ Not applicable—project is in inland resource area only b.X Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: I ' South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island,and the Cape&Islands: (See Attachment 1) I ' Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue ' New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, ' please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ' online users: a. ❑ Yes ❑� No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all ' supplementary a. ❑ Yes N No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ' a. ❑ Yes ❑E No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? ' a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1.❑ Applying for Low Impact Development (LID)site design credits(as described in Stormwate r Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment ' 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.M No. Check why the project is exempt: ' 1.❑ Single-family house wpaform3.doc•rev. 1/3/2013 Page 6 of 8 1 Massachusetts Department of Environmental Protection Provided by MassbEP'T'"'"1'7— Bureau of Resource Protection - Wetlands M� r MassDsDEP File Number = p WPA Form 3 - Notice of Intent r �� ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 tt Document Transaction Number{ alem "- City/Town C. Other Applicable Standards and Requirements (cont'd) ' 2.❑ Emergency road repair ' 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. 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. 1. ❑� USGS or other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. ' (Electronic filers may omit this item.) z. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to ' the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW ' Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. ' Attachment C: Salem Lateral Project, Geotechnical Survey Permit Plan a.Plan Title TRC Environmental N/A ' b.Prepared By c.Signed and Stamped by 08-26-13 d.Final Revision Date e.Scale I.Additional Plan or Document Title g.Date e. N11 If there is more than one property owner, please attach a list of these property owners not listed on this form. (See Attachment F) ' 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.(See Attachment 1) ' a. Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Report, if needed. wpaform3.doc•rev. 1/3/2013 Page 7 of 8 1 Massachusetts Department of Environmental Protection Provided by MassDEP." Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number, ` City/Town E. Fees ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. ' Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: ' SC S' 3 F a F/1013 2.Municipal Check Number 3.Check date 2683 ?5- 01,�6 //3 4.State Check Number 5.Check date ' TRC TRC 6.Payor name on check:First Name 7.Payor name on check:Last Name F. 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 newspaper 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. ' A�� /I . 1.Signature of Applicant 2.Dat ' IS ature of rop y Ownrfdiffere 4. Datea 7 / 5.Signature of Representativ if any) 6. Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two ' copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one ' copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions) by certified mail or hand delivery. Other: ' If the applicant has checked the"yes" box in any part of Section C, 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. 1 wpaform3.doc•rev. 1/3/2013 Page 8 of 8 ' ATTACHMENT A ' Project Narrative 1 1 1 Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts 1 1 1.0 INTRODUCTION Algonquin Gas Transmission, LLC ("Algonquin"), a wholly owned subsidiary of Spectra Energy Transmission, LLC ("Spectra Energy"), proposes to conduct a geotechnical survey within the City of Salem as part of the design of the proposed Salem Lateral Project. The Salem Lateral Project will consist of a new 16-inch diameter pipeline and associated meter and regulator station facility to transport natural gas to the Footprint Power facility from Algonquin's existing HubLine pipeline located in Beverly t Harbor. Algonquin is currently analyzing a number of construction techniques for pipe installation associated with the Salem Lateral Project, including the use of horizontal directional drilling' ("HDD") and the installation of coffer dam facilities to interconnect the proposed pipeline to the existing HubLine ' Pipeline and the proposed Footprint Power facility. The feasibility of using these installation techniques is largely dependent upon the subsurface conditions ' at the proposed pipeline location. Therefore, Algonquin is proposing a survey to characterize the geotechnical properties of the subsurface. This survey involves collecting geotechnical borings at locations adjacent to the proposed pipeline alignment to recover rock core samples that will document existing subsurface conditions and bedrock properties. Geotechnical borings are required for most ' major construction projects and the drilling operations are considered routine. Algonquin proposes to drill 13 geotechnical borings in the City of Salem to collect data along the ' proposed pipeline alignments within Beverly Harbor and Collins Cove. Ten of the borings will be located offshore and three will be located onshore. In addition, in order to facilitate the geotechnical work, Algonquin proposes to use divers to locate and mark the existing HubLine pipeline in Beverly Harbor prior to the start of the geotechnical survey work. A U.S. Geological Survey ("USGS") topographic map (Figure 1) and National Oceanic and Atmospheric Administration ("NOAA") Nautical Chart (Figure 2) have been provided in Attachment B showing the locations each boring. ' The enclosed Notice of Intent ("NOI") has been prepared and filed with the Salem Conservation Commission pursuant to the Massachusetts Wetlands Protection Act ("WPA") and its implementing regulations at 310 CMR 10.00, and the Salem Wetlands Protection Ordinance (Ch. 50)'. Algonquin is proposing this work as a utility limited project under 310 CMR 10.24(7)(b). As required, a copy of this NO1 has also been sent to the Massachusetts Division of Marine Fisheries for review. ' Notwithstanding anything to the contrary set forth in this application, nothing stated herein shall be construed to indicate that any state, regional, or local agency referred to has the power to impose any ' requirement inconsistent with Federal law or to refuse to issue or to unreasonably delay the issuance or processing of any state, regional, or local permit, license, certificate, approval, review, or other requirement: nor shall this document be construed to limit Algonquin's legal rights under the Natural Gas Act (15 U.S.C. § 717, et seq.), Pipeline Safety Act (49 U.S.C. § 60,101, et seq.), or the United States Constitution, including, but not limited to,the Supremacy Clause and Commerce Clause. 1 ' HDD is a trenchless construction method that would allow the pipeline to be installed below Beverly Harbor and Collins Cove. 'Three (3) additional borings will be collected in Beverly Harbor in the City of Beverly. Algonquin is submitting a NO1 to the Beverly Conservation Commission for this other geotech boring concurrently with the Salem NO1. ' Geotechnical Survey Notice of Intent 1 August 2013 Salem,Massachusetts i 1 1 2.0 GEOTECHNICAL BORING LOCATIONS 2.1 Offshore Borings 1 Algonquin proposes to collect ten water-based borings in Salem;eight are located in Beverly Harbor and two are located in Collins Cove. The Beverly Harbor survey area is located between the National Grid 1 property (Tax Map Parcels 37-0064 and 42-0100) to the south and Algonquin's existing HubLine pipeline to the north. Four water-based borings in Beverly Harbor are located in the intertidal zone and four borings are located in the sub-tidal zone,while the two borings proposed in Collins Cove (B-12 and B-13) 1 are both located in the intertidal zone. 2.1 Onshore Borings 1 Algonquin proposes to collect three geotechnical borings in onshore locations in Salem. One onshore boring (B-12) is located in a grass-covered area directly adjacent to a paved parking lot in the northwest corner of National Grid's property at Pierce Avenue (Parcel 37-0064). This boring is located within the 1 100-foot buffer zone of a coastal bank and coastal beach associated with Beverly Harbor. A second onshore boring (B-13) is located in a paved parking lot owned by the Ward 2 Social Club on 1 East Collins Street (Parcel 36-0277). Boring B-13 is located within the 100-foot buffer zone of a coastal beach, coastal bank and salt marsh associated with the western shore of Collins Cave. Boring B-13 is also located with the Federal Emergency Management Agency ("FEMA") mapped 100 year flood zone, 1 which is classified as land subject to coastal storm flowage. The third onshore boring (B-14) is located along the southeastern edge of Szetela Lane, to the east of 1 Collins Cove. This boring is located within the 100-foot buffer zone of the coastal bank associated with Collins Cove. 1 According to 310 CMR 10.02 (2)(b)(1)(g), activities within the buffer zone that are temporary in nature, have negligible impacts, and are necessary for planning and design purposes (e.g., installation of monitoring wells, exploratory borings, sediment sampling and surveying) are considered minor activities 1 and are not subject to regulation under M.G.L. c. 131, § 40. The wetland resource areas potentially affected by the geotechnical survey are summarized in the following sections and shown on the permit plan included in Attachment C. 1 3.0 WETLAND RESOURCE AREAS A review was conducted of available data and mapping to define and characterize coastal wetland 1 resource areas in accordance with the WPA and 310 CMR 10.00. Available data was obtained from the following: 1 • Massachusetts Department of Environmental Protection Wetland Data and National Wetlands Inventory("NWI") Mapping; • USGS topographic map (Attachment B - Figure 1); 1 • NOAA Chart (Attachment B-Figure 2); • Site visits including a shellfish reconnaissance survey(see photos in Attachment D); • Massachusetts Geotechnical Information System ("MassGIS"); and 1 Geotechnical Survey Notice of Intent 2 August 2013 Salem,Massachusetts • Massachusetts Executive Office of Environmental Affairs MassGIS — Department of Marine ' Fisheries (2000 data). The sections below describe the coastal wetlands resource areas present at the proposed boring ' collection areas shown on Figures 1 and 2 in Attachment B and the permit plan in Attachment C. Land Under the Ocean ' Land Under the Ocean in a tidally influenced water body, means "land extending from the mean low water line seaward to the boundary of the municipality's jurisdiction and includes land under estuaries" ' according to 310 CMR 10.25(2). Land under the Ocean is likely to be significant to the protection of marine fisheries and, where there are shellfish, to protection of land containing shellfish. Nearshore areas of land under the ocean are likely to be significant to storm damage prevention,flood control, and ' protection of wildlife habitat. The four geotechnical borings located in subticlal areas of Beverly Harbor (i.e., B-4, B-5, B-8,and 8-10) are situated within the Land under the Ocean resource area. Coastal Beaches(Tidal Flat) The six proposed geotechnical borings located within the intertidal zone of Beverly Harbor and Collins Cove are within the "Tidal Flat" portion of the Coastal Beach resource area described in 301 CMR 10.27(2). Four of these borings are in Beverly Harbor and two are in Collins Cove. Tidal Flats are defined as "any nearly level part of a coastal beach which usually extends from the mean low water line landward to the more steeply sloping face of the coastal beach or which may be separated from the ' beach by land under the ocean". Land Containing Shellfish Land containing shellfish means land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish. As described in 310 CMR 10.34(3), ' Land containing shellfish is significant to the protection of marine fisheries as well as to the protection of the interest of land containing shellfish. When a resource area is found to be significant to the protection of land containing shellfish under 310 CMR 10.34(3), it is therefore also significant to marine ' fisheries. The following factors are critical to the protection of those interests: a) shellfish, b) water quality, ' c) water circulation, and d) the natural relief,evaluation or distribution of sediment grain size of such land. The proposed borings in Beverly Harbor are in an area identified by the Massachusetts Office of Coastal Zone Management's (CZM) Massachusetts Ocean Resource Information System (MORIS) database as suitable habitat for blue mussel (Mytilus edulis),while the two boring collection areas in Collins Cove are identified as suitable habitat for blue mussel, soft-shelled clam (Mya arenario) and quahog (Mercenaria mercenerio). In April 2013, Algonquin conducted a reconnaissance level shellfish survey along the alignment in Beverly Harbor in the vicinity of Borings B-4 through B-11. During the survey, a wide variety of mollusk species were encountered including blue mussel, soft-shell clams, quahogs and oysters. As such, this area of Beverly Harbor and the two Collins Cove borings are located within land containing shellfish. ' Geotechnical Survey Notice of Intent - 3 August 2013 Salem,Massachusetts t Banks of or Land Under the Ocean. Ponds, Streams, Rivers. Lakes, or Creeks that Underlie an ' Anadromous/Catadromous Fish Run("Fish Run") According to 310 CMR 10.35, fish run areas include those areas which have historically served as fish runs and are either being restored or are planned to be restored at the time an NOI is filed. Beverly Harbor and its associated tributary waterways,the Waters River and the Danvers River, are classified as anadromous/ catadromous fish run areas. Anadromous fish found in the Project area include alewife ' and rainbow smelt. Striped bass are another anadromous fish found seasonally in the Danvers River, although there has been no documented spawning activity. A striped bass sports fishery exists in the river during the spring and summer. American eel, a catadromous fish, is also probably also found in the ' river. All of the offshore borings in Beverly Harbor and Collins Cove are located in an area designated as a fish run. Land Subject to Coastal Storm Flowage ' Land subject to Coastal Storm Flowage is defined as land subject to inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is ' greater, according to 310 CMR 10.04. Eleven (11) of the thirteen (13) geotech borings in Salem are located within Land Subject to Coastal Flowage according to the FEMA Flood Insurance Rate Maps (FIRMS) for the City of Salem3. Onshore boring B-13 is located within Flood Zone AE (Elevation 9') and the ten offshore borings are in Zone VE (Elevation 13' in Beverly Harbor and Elevation 12' in Collins Cove). The permit plans in Attachment C show the FEMA Flood Zones in Salem. ' Estimated Rare/Endangered and Priority Mapped Habitats No estimated rare/endangered and priority mapped habitats occur at any of the proposed boring ' locations (MDFW 2013). Given the densely developed condition of the onshore portion of the pipeline routes, land-based natural resource issues are anticipated to be minimal. ' 4.0 DRILLING METHODOLOGY 4.1 Offshore Borings ' Algonquin will likely use a barge-mounted drill rig for the offshore boring work. Algonquin will use a lift boat or jack-up style barge, which allows the barge to be raised above the water line and held in place ' on three or four legs during drilling operations. Once the barge has been positioned and secured, a 6- inch casing is lowered through the barge to the bottom of the waterway. In order to facilitate the geotechnical work around the existing HubLine pipeline, Algonquin proposes to use divers to locate and mark the existing HubLine pipeline in Beverly Harbor. The boring locations shown on the plans in ' Attachment B and C are approximate and are subject to minor adjustments in location based on field conditions. ' In soft sediments, the boring is performed by advancing a sampling tube, typically 2 to 3 inches in diameter through the casing. The casing maintains the integrity of the bore hole and facilitates ' 3 FEMA FIRM Essex County, MA, City of Salem Map Numbers 25009C0417F and 25009C0419F, Effective Date:July 3,2012. ' Geotechnical Survey Notice of Intent 4 August 2013 Salem,Massachusetts 1 1 withdrawal of soil samples. Samples are generally taken every five (5) feet by driving or pushing a ' sampler into undisturbed soil. Once bedrock is encountered,the sampler is retracted and replaced with a core barrel equipped with a cutting bit. To assist the advancement of the drill in a rock substrate, a water and bentonite mixture is utilized to lubricate the drill bit. This drilling fluid flows up through the ' casing and into an open fractionated steel tub/basin located on the barge deck. The fractionated (partitioned) steel basin allows for sediments and bore hole cuttings in the drill water to settle out so that the drilling fluid may be re-circulated and reused during the drilling process. ' Using the core barrel, continuous rock core samples, typically five (5) feet in length, are obtained from the top of bedrock to the specified boring termination depth. The borings will penetrate to depths ranging from about 75 to 100 feet below the bottom of the waterway for the borings associated with the HDD investigation and approximately 25 feet below natural bottom for the borings associated with the coffer dam investigation. Most water-based borings are completed in two or three days and all core t samples will be taken away for analysis. A geotechnical baring crew typically consists of two individuals to operate the drilling rig while a third person (usually a technician, geologist, or engineer) observes and logs samples. ' For the water-based borings, the bore hole is not typically backfilled. The drilled cuttings and spoil remaining on the barge at the completion of the drill (approximately one cubic yard) will be disposed of back through the casing into the bore hole. All drilling fluid (bentonite) will be properly contained and ' disposed of at an approved location onshore. The estimated time to complete all offshore boring investigations in Salem is about 3 weeks. ' Each drill location will temporarily disturb an extremely small area measuring only about 28 square inches (i.e., 0.2 square feet) centered on the drill hole. Based on this, approximately 2 square feet of Beverly Harbor and Collins Cove bottom area will be temporarily disturbed by the drill holes. Table 1 ' provides a summary of the temporary disturbance areas and the coastal wetland resource areas affected by the offshore borings in Salem. = "'t Table 1'Offshore Geotechnical Borings and Coastal Wetland Resource Areas Summary �A � * Associated Coastal Wetland Approximate Survey Area Boring I.D.and Location Resource Areas Temporary Disturbance ' • land Under the Ocean Area(sq.ft.) ' Borings B-4, B-5, B-8,and B-10 • Land Containing Shellfish • Fish Run 0.8 Located in subtidal zone Beverly • Land Subject to Coastal Harbor Storm Flowage(LSCSF) ' (Offshore) • Tidal Flat Borings B-6, B-7, B-9, and B-11 • Land Containing Shellfish 0.8 Located in intertidal zone • Fish Run • LSCSF ' • Tidal Flat Collins Cove Borings B-14 and B-15 • Land Containing Shellfish 0 4 (Offshore) Located in intertidal zone . Fish Run ' • LSCSF Total=2 sq.ft. ' Geotechnical Survey Notice of Intent 5 August 2013 Salem,Massachusetts 1 1 ' 4.2 Onshore Borings Onshore borings typically utilize an approximately 40-foot by 12-foot work space that includes the drill ' rig, the boring location and adequate space to provide a safe working environment for the work crews. The drill will bore a hole approximately 4-inches in diameter and will range in depth 70 to 100 feet deep to penetrate through the unconsolidated upper sediments. Samples will be collected at each location at ' periodic intervals up to 100 feet deep, depending on the thickness of the different types of strata. Borings will be advanced using a wash and drive method. This method produces a minimal amount of ' spoils and recirculates wash water, which is contained in a mud tub at the boring location. Boring B-12 will be set-up and drilled from an existing grass covered area and Boring B-13 will be drilled from an existing paved parking lot. Boring B-16 will be drilled from an area adjacent to the eastern edge of ' Szetela Lane. The onshore borings are within the 100-foot buffer zone of nearby wetland resource areas but will not result in any direct wetland impacts. Table 2 provides a summary of the temporary disturbance areas and the wetland resource areas affected by the three onshore borings. ' "-,,Table 2:Onshore Geotechnical Borings and Coastal Wetland Resource Areas Summary Survey Area Boring I.D.and Location Associated Coastal Wetland Approximate Temporary ' Resource Areas Disturbance Area(sq.ft.) Boring B-12 . 100-foot Buffer Zone Located near parking lot in grass Exempt 0.2 ' covered area. Onshore Boring B-13 100-foot Buffer Zone Located on edge of parking lot • LSCSF 0.2 Boring B-16 • 100-foot Buffer Zone' 0.2 Located on edge of Szetela Lane • Exempt Total=0.6 sq.ft. 1 5.0 IMPACT AVOIDANCE AND MINIMIZATION MEASURES ' The geotechnical borings are a temporary survey activity and should not result in any alteration in water circulation, change in water quality, or others impacts to marine resources present in Beverly Harbor ' and Collins Cove. The disturbance area for each geotechnical boring will be restricted to the small footprint of the drill bit and casing. Due to the nature of the borings (vertical drilling), no impacts to marine fisheries and bottom habitat are anticipated since turbidity and siltation impacts will be minimal, ' if at all. Drilling fluids will be recycled to the extent possible during the operation and drill cuttings generated with this type of boring activity are minimal. Spill control materials and kits will be stored and available ' on the barge at all times and secondary containment will be used to avoid any discharge to the water. Any accidental spills will be cleaned up and reported in accordance with all Federal and State regulations. ' For the onshore borings, erosion and sediment control devices (e.g., straw bales and/or silt fence) will be placed, as needed, around the bore hole(s) to prevent any migration of drilling fluid or cuttings into nearby wetland resource areas. ' Geotechnical Survey Notice of Intent 6 August 2013 Salem,Massachusetts t ' 6.0 SUMMARY The intent of the geotechnical investigation program is to obtain subsurface geologic data along the ' potential alignment of pipeline facilities. HDD is a method that when done properly and with adequate site specific information, can significantly minimize impacts to sensitive resources. This geotechnical survey is a necessary first step in HDD design analysis. ' Potential impacts from this work are minimal and temporary in nature. The geotechnical borings collected within Beverly Harbor and Collins Cove will not permanently impact coastal wetland resource ' areas. All activities will be performed in accordance with federal,state and local regulations, and impact avoidance and minimization measures will be utilized to protect coastal wetland resource areas. ' 7.0 REFERENCES [MDFW] Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Information. 2013.Available Online at: ' www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer htm. i t 1 Geotechnical Survey Notice of Intent 7 August 2013 Salem,Massachusetts ' ATTACHMENT B ' Figure 1: USGS Topographic Map Figure 2: NOAA Chart �I t ' Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts NA 6Z�1�C\„'45'4c,!-h°t. :.L'+'i� �� p"^♦'*i'*t'�.F /,. r�`,.l� ��r � ( tF 1d��". 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HEAD �^� ^¢skw.m amaPpro»aE adaesi'p°attbip'uw'r`aafusunenls inhcadon baszEsnketd rertca6oR: Created by: CTRC 812 712 01 3 a Data Saumes ESRI,NOAA SPECTRA,MassGIS MMSDEP USGS TRC ' ATTACHMENT C ' Salem Lateral Project: Geotechnical Survey Permit Plans 1 1 1 Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts 1 1 ' ATTACHMENT D ' Photographs of Geotechnical Survey Areas I t Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts t mom. sue. e _ a Photo 1-View looking Northeast at low tide across Beverly Harbor towards Borings B-4 through B-8 near the HubLine pipeline. M I Photo 2—View looking Northeast at coastal beach and tidal flats in the vicinity of Boring B-11. 1 Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts v 3 . � v�; A. AA \fv !fir 'v���.�\ �:"''\,.✓ \ a v .' �� Photo .. collected. .aY.x,r Photo 4—View looking Northeast of parking lot where Boring B-13 will be collected. Geotechnical sun,ey Notice of Intent August ry`' a 2013 1 ' Photo 5 —View looking southeast of the area in Collins Cove where Borings B-14 and B-15 will be located. 1 1 ' Photo 6-View looking South along the eastern shoulder of Szetela Road at Boring B-16 location. Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts 1 I ' ATTACHMENT E ' Abutter List, Notification Letter, Property Owners, Affidavit of Service ' 1 Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts Notification to Abutters under the Massachusetts Wetlands Protection Act and ' the City of Salem Wetland Ordinance (Chapter 50) In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40 and ' the City of Salem's Wetlands Ordinance, you are hereby notified of the following pubic hearing on the matter described below. A.The name of the applicant is: Algonquin Gas Transmission, LLC B. The address of the lot where the activity is proposed is: ' Offshore geotechnical survey borings at ten locations in Beverly Harbor and Collins Cove Onshore geotechnical survey borings at three sites located on properties at 20 Pierce Avenue 1 East Collins ' Street, and along Szetela Lane in Salem. C. The work proposed is in the jurisdiction of the Massachusetts Wetlands Protection Act and/or ' Salem Wetlands Ordinance is as follows: Algonquin proposes to collect ten offshore geotechnical survey borings in Beverly Harbor and Collins Cove and three onshore geotechnical borings for the proposed Salem Lateral Proiect. This survev ' involves collecting rock core samples adjacent to a potential pipeline alignment that will document existing subsurface conditions and bedrock properties. ' D. Copies of the Notice of Intent may be examined at: Salem City Hall Annex 120 Washington Street in the Conservation Commission office between the hours of 8:00 AM and 4:00 PM Monday through Wednesday, 8:00 AM and 7:00 PM Thursday, and 8:00 AM and 12:00 PM on ' Friday. E. Copies of the Notice of Intent may be obtained from the applicant's representative TRC ' Environmental, by calling Maida Uhlig at this telephone number (207) 274 -2600 between the hours of 8:30 AM and 5:00 PM. Monday- Friday ' F. The Public Hearing will be held on September 12. 2013 at 6:00 PM in the Salem City Hall Annex, Room 313, Third Floor Conference Room located at 120 Washington Street, Salem MA. NOTES: ' 1. Notice of the public hearing, including its date,time, and place, will be published at least five (5) days in advance in the Salem News. ' 2. Notice of the public hearing, including its date, time, and place, will be posted in the Salem City Hall not less than forty-eight (48) hours in advance. 3. You also may contact the Salem Conservation Commission or the Department of ' Environmental Protection Northeast Regional Office for more information about this application.To contact the Salem Conservation Commission, please call Tom Devine, ' Conservation Administrator/Staff Planner at 978-619-5685. SALEh1GEOTECH NOI ABUTTERS'-' z . `'k s - - •, •, - " •¢` ,P o0,,,., 'x w�. 37-0059 Black Lobster Realty Trust Peter Kastrinakls,Trustee 2 Bridge Street Salem MA 01970 37-0080 City of Salem Salem City Hall 93 Washington Street Salem MA 01970 37-0059 Crete,LLC, Lagonakis Nondas,Trustee 9 Bridge Street Salem MA 01970 37-0061 Crete,LLC, Lagonakis Nondas,Trustee 9 Bridge Street Salem MA 01970 37-OG62 Ugonakls&Adamantia Epaminondas 9 Bridge Street Salem MA 01970 37-0063 99 Remainder III,LLC c/o U.S.Realty Advisors,LLC 1370 Avenue of the Americas New York NY 10019 37-0064 Boston Gas Company 40 Sylvan Rd. Waltham MA 02451 36-0234 New England Power 40 Sylvan Rd. Waltham MA 02451 36-0273 jGlen A.&Carol A.Maynard 51 Osgood Street Salem MA 01970 36-0473 City of Salem Salem City Hall 93 Washington St Salem MA 01970 36-0474 City of Salem Salem City Hall 94 Washington St Salem MA 01970 37-M9 Patricia M.McCarthy 10 Pierce Avenue Salem MA 01970 37-OD68 John J.Bezzati,Jr. 2 Waite Street Salem MA 01970 37-0071 Margaret Casseila 6 Pierce Avenue Salem MA 01970 37-0070 Donald J Murphy and Dorothy S Murphy 8 Pierce Avenue Salem MA 01970 37.0067 Francis J Bates .4 Waite Street Salem MA 01970 37-0066 John&Carolyn Sullivan 6 Waite Street Salem MA 01970 37.0079 29 Bridge Street,LLC 29 Bridge Street Salem MA 01970 36-0272 Debora Dawkins 470sgood Street Salem MA f 01970 36-0247 Judith A.Ames,Carrie J.Ames 20 Planters Street Salem MA 01970 36-0246 Scott Truhart 4 East Collins Street Salem MA 01970 36-0230 N L Enterprises Realty Trust Lagonakis Nondas,Trustee 9 Bridge Street Salem MA 01970 36-0231 Rosles Pond Realty Trust Mark Petit 7,Rear March Street Court Salem MA 01970 36-0233 New England Power Company Att Tax Dept 40 Sylvan Road Waltham MA 02451 36-0241 1 Elizabeth M.Perreault 21 Planters Street Salem MA 01970 36-0242 John R.&Patricia A.Parady 23 Planters Street Salem MA 01970 36-0243 Eugene D.Stlbolt,Jr c/o Eugene D.Stlbolt 25 Planters Street Salem MA 01970 36-0244 Kim B.Surles 27 Planters Street Salem MA 01970 36-0245 Adam J.&Kristi-Lynn Craig 29 Planters Street Salem MA 01970 36-0274 Susan B Yates 53 Osgood Street Salem MA 01970 36-0275 Faye B McKay 57 Osgood Street Salem MA 01970 36-0277 Ward 11 Social Club of Salem I 1 East Collins Street Salem MA 01970 36-0278 Charles E.&Mary E.Knight 5 East Collins Street Salem MA 01970 36-0273 lGlen A.&Carol A.Maynard 51 Osgood Street Salem MA 01970 36-0279 Paul E.&linda M Mcllvene 7 East Collins Street Salem MA 01970 36-0280 lean A.desmond 9-91/2 East Collins St Salem MA 01970 36-0491 Connell Timothy M 6 East Collins St Salem MA 01970 36-0249 CONNELL FAMILY IRREVOCABLE TR ISKRA BARBARA A TR 19 Raymond Avenue Beverly MA 01915 36-0306 Snow John B 54 Osgood St Salem MA 01915 36-0315 Sosnowski Family Trust The SOSNOWSKI FRANK/LC TRS 9 Conners Rd Salem MA 01935 1 8/23/2013 36-0324 Jody S.Smith,Kalil Smith 16 Conners Road Salem MA 01970 36-03ZS Kevin J.Tobin,Cindy L.Tobin 14 Conners Road Salem MA 01970 36-0326 Christopher P.Lawrence,Shari L Lawrence 12 Conners Road Salem MA 01970 36-0327 John R.Lowe,Elizabeth J.Lowe 10 Conners Road Salem MA 01970 36-0328 John J.Canty,Helen M.Canty 8 Conners Road Salem MA 01970 36-0317 Robert A.Connery,Angela M.Connery 6 Conners Road Salem MA 02970 WEBB STREET 36-0471 Hilda M.Beck&Linda L.Maccartney 90 Webb Street Salem MA 01970 36-0470-801 Michael E.Gallagher&Catherine M.Gallagher 82 Webb Street U31 Salem MA 01970 36-0470-802 82 WEBB STREET REALTY TR Walter Keenan&Barbara Keenan Trustees 82 Webb Street U12 Salem MA 01970 36-0470-803 TracyKierstead 82 Webb Street U2L Salem MA 01970 36-0470-804 SHARMA MANASWI S VENKATESWARAN ANJLI 82 Webb Street U22 Salem MA 01970 36-0472 City of Salem Salem City Hall 93 Washington Street Salem MA 101970 35-OS90 lames Shea 46 Dearborn Street Salem MA 01970 35-0591 Keith C.Willa&Carroll McCaffrey 78 Webb Street Salem MA 02970 35-0595 Suan M.Quirk 60 Webb Street Salem MA 01970 35-0594 Stevn J.Gauthier&Jessica Herbert 70 Webb Street Salem MA 01970 35-0593 Michael A.Bucco&Dawna A.Benedetto 74 Webb Street Salem MA 01970 35-0592 Celine M.Murray 76 Webb Street Salem MA 01970 41-0226 MANZI CREST III&MANZI CATHYR S6 Webb Street Salem MA 01970 41.0227-801 SKOLSKI DANIEL&SKOLSKI LORIE 52 Webb Street Salem MA 01970 41-0227-801 Trevor Smith&Meegan Williams 52 Webb Street U54 Salem MA 01970 41-0228 MMPK Realty Trust Margaret C.O'Toole Trustee 14 Sunset Road Salem MA 01970 41-0229-801 Kristin A Macek 48 Webb Street U3 Salem MA 01970 41-0229-802 Kristi A.Hanson 48 Webb Street U2 Salem MA 01970 41-0230 Haskell Hal,INC c/o H&H Prpeller Shop,Inc. 0 Essex Street Salem MA 01970 41-0245 City of Salem Salem City Hall 93 Washington St Salem MA 01970 41-0274 H&H Propeller Shop,Inc. 2 Szetela Lane Salem MA 01970 41-0244 City of Salem Salem City Hall 94 Washington St Salem MA 01970 41-0243 City of Salem Salem City Hall 93 Washington Street Salem MA 01970 41-0242 Salem Housing Authority 27 Charter Street Salem MA 02970 42-0001 City of Salem Salem City Hall 93 Washington Street Salem MA 01970 42-0002 City of Salem Salem City Hall 93 Washington Street Salem MA 01970 42-0003 City of Salem Salem City Hall 93 Washington Street Salem MA 01970 42-0100 Boston Gas Company 40 Sylvan Rd. Waltham MA 02453 42-ODOS-801 Francis),Jr.&Cedalia M.Shute 15ettlers Way US Salem MA 01970 42-0005-802 Jacqueline J.O'Donnell 2 Settlers Way UZ Salem MA 01970 42-0005-803 173 Essex Street Trust M.Delaney,S Doliber,G Lally,Trustees P.O.Box 4071 Peabody MA 019 42-0005-804 Pamela A.&John 1.Finnegan 4 Settlers Way U 4 Salem 63 MA 019 62 4 00 2-05-805 Ellzabeth Hill 5 Settlers Way U 5 Salem MA 02970 2 8/23/2013 4Z-0005.806 The Ruth F.Brady Living Trust Ruth F.Brady,Trustee 6 Settlers Way U 6 Salem MA--j 01970 42-0005-807 Carl S.&Judith A.Hedlund 411 Walnut Street 11 7679 Green Cove Springs FL 32043 42-0005-808 Harold J.Demonaco&Gail A.Arbuthnot 8 Settlers Way U 8 Salem MA 01970 42-0005-809 Richard G.&Patricia Maquire Meservey 9 Settlers Way U 9 Salem MA 01970 42-0005-810 John T.&Marcia J.Ronan 10 Settlers Way U 10 Salem MA 02970 42-0005-811 Katherine Arguelles 11 Settlers Way U 11 Salem MA 01970 42-0005-812 George W.,Jr.&Carol Ann Danek 12 Settlers Way U 12 Salem MA 01970 42-0005-813 Jeffrey&Suzanne C.Conley - 13 Settlers Way U 13 Salem MA 01970 42-OGOS-814 IScott W.Macrae 14 Settlers Way U 14 Salem MA 01970 42-0005-815 Karen M.O'Brien 15 Settlers Way U 15 Salem MA 01970 42-0005-816 Marquis&Cordula Magee&Seymour Smith 16 Settlers Way U 16 Salem MA 01970 42-OOOS-817 John S.Tangusso 17 Settlers Way U 17 Salem MA 01970 42-0005-818 Susan Cavalier! 18 Settlers Way U 18 Salem MA 01970 42-0005-819 Mary Ellen&Corrine Steller 19 Settlers Way U 19 Salem MA 01970 42-0005-820 The lames&Elaine Nally Family Trust James Nally 20 Settlers Way U 20 Salem MA 01970 42-0005-821 John F.&Patricia M.Tierney 21 Settlers Way U 21 Salem MA 01970 42-0005-822 Paul A.&Marjorie Bouchard 22 Settlers Way U 22 Salem MA 01970 42-0005-823 123 Settlers Way Realty Trust Roland&Mary St.Pierre,Trustees 23 Settlers Way U 23 Salem MA 01970 42-0005-824 Rexford N.&Suzan S.Shaw 24 Settlers Way U 24 Salem MA 01970 42-GOOS-825 Michael D.Schrenko 25 Settlers Way U 25 Salem MA 01970 42-OOOS-826 Mark E.George&loan Gillis 26 Settlers Way U 26 Salem MA 01970 42-0005-827 Phillip G.&Karen E.Bourgeault 27 Settlers Way U 27 Salem MA 01970 42-0005-828 Douglas S.Burns Living Trust Douglas S.Burns,Trustee 28 Settlers Way U 28 Salem MA 01970 42-0005-829 William P.&Susan P.Dion 29 Settlers Way U 29 Salem MA 01970 42-0005-830 Wayne W.&Lillian E Raymond 30 Settlers Way U 30 Salem MA 01970 42.ODOS-831 Donald T.&Patricia M.Bates 31 Settlers Way U 31 Salem MA 01970 42-OCOS-832 IJoseph&Patricia Gauvin 32 Settlers Way U 32 Salem MA 01970 42-0005-833 Thirty-Three Settlers Way Trust c/o Carol G.Keyes 33 Settlers Way U 33 Salem MA 01970 42-0005-834 Lowell W.Smith Family Trust Lowell Smith&Gean W.Gow,Trustees 34 Settlers Way U 34 Salem MA 01970 42-0005-835 Deborah A.Phillips 35 Settlers Way U 35 Salem MA 01970 42-0005-836 Gail Tarmey 36 Settlers Way U 36 Salem MA 01970 MY 0'- k�,tiVL ASSESSORS' OFFTC:E % i lIALLr 8AIL�L{',V4, NIA01(7f) 11`' 1 �,$-'71� 3 J�b�rA/n /q, Ja-t�..f�8/23/2013 r lassc s s or 1 ' AFFADAVIT OF SERVICE ' Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of ' Environmental Protection and the Conservation Commission when filing a Notice of Intent) ' I, Richard C. Paquette,Jr., hereby certify under the pains and penalties of perjury that on ' August 29, 2013, 1 gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter ' Notification dated April 8, 1994, in connection with the following matter: tA Notice of Intent filed under the Massachusetts Wetlands Protection Act by ' Algonquin Gas Transmission, LLC for the Geotechnical Survey associated with the Salem Lateral Project in Salem, MA. This filing was submitted to the ' Salem Conservation Commission on August 29, 2013. ' The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. Z&6�L�& — - ' Name Date 1 List of Onshore Property Owners ' Parcels 36-0474, 42-0002, 42-0003 City of Salem ' Salem City Hall 93 Washington Street Salem, MA 01970 ' Parcel37-0064 ' Boston Gas Company (National Grid) 40 Sylvan Road Waltham, MA 02451 Parcel36-0277 ' Ward 2 Social Club of Salem 1 East Collins Street Salem, MA 01970 1 1 1 I 1 1 1 1 Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts 1 ' ATTACHMENT F ' Filing Fee Documentation Geotechnical Survey Notice of Intent - August 2013 Salem,Massachusetts 1 ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When A. Applicant Information ' filling out forms on the computer, 1. Location of Project: use only the tab key to move your Salem-Beverly Harbor and Collins Cove Salem ' cursor-do not a.Street Address b.City/Town the return key. 868395 $1,430 c.Check number d.Fee amount ' m 2. Applicant Mailing Address: Sabrina Hepburn rmnr a.First Name b.Last Name t Algonquin Gas Transmission, LLC c.Organization 890 Winter Street, Suite 300 d.Mailing Address ' Waltham MA 02451 e.City/Town f.State g.Zip Code 617-560-1424 617-560-1360 shepburn@spectraenergy.com ' h. Phone Number i.Fax Number j.Email Address 3. Property Owner(if different): See Attachments A and E ' a. First Name b.Last Name c.Organization ' d. Mailing Address e.City/Town f.State g.Zip Code th. Phone Number I.Fax Number j.Email Address To calculate B. Fees ' tiling fees,refer to the category fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling out worksheet. instructions for i ' filling out WPA Step I/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. ' Step 311ndividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category ' (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. ' Step 5lTotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50. To calculate the city/town share of the fee,divide the total fee in half and add$12.50. 1 ' noleeffaoc•Wetland Fee Transmittal Form•rev.1/111/11 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) ' Step 1lType of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee tCat 1(f) - Exploratory Borings 13 110 $11430.00 1 tStep 5/Total Project Fee: $1 ,430.00 Step 6/Fee Payments: ' $1 ,430.00 Total Project Fee: a.Total Fee from Step 5 $702.50 State share of filing Fee: b. 112 Total Fee less$12.50 ' $727.50 City/Town share of filling Fee: c. 112 Total Fee plus$12.50 C. Submittal Requirements ' a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. ' Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form, and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of ' Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) t ' noifeetf.doc•Wetland Fee Transmittal Form•rev.10117111 Page 2 of 2 868392 21 Griffin Road North WACHOVIA BAsK,N.A. CHECK DATE W"T on,DE C�2TRCWindsor,CT 06095 62 2NI 1 8/26113 ----------- —-- ------------—---------- ----------- - - ----- - -------- - PAY Seven Hundred------Twenty ...... AMOONT TO City'bf--Salem ------------- ------- - -7 Ap VOID AFTER 90 DAYS AUTHORIZED SIGNATURE 114868392112 1:0311002251: 207995009 & 53811• 868395 21 Griffin Road North WACHOVIA 8 NK,N.A. CHECK DATE on,DEA C�,,!TRC Windsor, CT 060T k '6Z2'12;Xi 1 8126113 PAY Seven Hu ndred Tw 0 60/100 Dollars - AMOUNT - $702.50 TO Commonwealth of Massachusetts 7. Byn �cwi..w VOID AFTER- 1 IIIE1 68 3 9 5115 1:0 3 L 100 2 2 51: 20 ?995009 1531 3113 SIGNATURE 13 868437 21 Griffin Road North WACHOVIA BANK,N.A. CHECK DATE njon,DE M" TRCWindsor,CT 06095 W62'lT22 11 August 27, 2013 PAY Y: Two HundredTifty-and 00/100 Dollars AMOUNT TO 750.00 Salem News -- ---- --- Salem News n Dunham Road Beverty,-MA:01914. VOID AFTER 90 DAYS AUTHORIZED SIGNATURE 1118684 3 7116 1:0 3 L 10 0 2 2 51: 2 0 7 9 9 S 0 0 9 15 3 t ' ATTACHMENT G ' Proof of Mailing to MDMF t t Geotechnical Survey Notice of Intent August 2013 Salem,Massachusetts 1 1 FedEx Ship Manager - Print Your Label(s) Page 1 of 1 1 FWExa Shipment Receipt 1 Address Information Ship to: Ship from: Tay Evans Richard Paquette Jr. MA Division of Marine Fisheries TRC 30 Emerscn Ave. 6 Ashley Or. First Floor 1 GLOUCESTER, MA SCARBOROUGH, ME 01930 04074 US US 978-282-0308 168 2078791930 1 Shipment Information: Tracking 1796567639654 Ship date:0 8/2 912 01 3 Estimated shipping charges: 14,28 Package Information 1 Service type:Standard Overnight Package type:Fed Ex Box Number of packages:1 Total weight LBS Declared Value:50.00 USD Special Services:Adult signature required 1 PickuplDrop-off:Use an already scheduled pickup at my location Billing Information: Bill transportation to:TRC South Porfland-722 Your reference: 140106.00005 1 P.O.no, n Invoice Department no.: 1 Thank you for shipping online with FedEx ShipManager atfedex com Please Note pedexwll mtt po 'm r v lMccepatitSlat parrified,vinarxed.resouonoae,dam go saw d t a »t y misinterpret uMe.You declare a figher volifirr pay an addtonal charge,documad Wur acWel loss mat fitstimely i L I tom found n rho[u IG de Se ice Guide apply.Your right torecover from poll r any law incluGrg'ntinsic value of the pottage lass of miss,'nmmo nbrest prop,aftrneys teen cosh and other forms of damage Whether direct unc tlared.conseeuentiel,or specislia limited er the greeter of$IN or the autharixad declared value,Recovery cannot exceed e[tuel documented loss Maximum for items ala5traordinary value l5 1 $SDD g,gw hrr l tnls,regolefielnstrunwnla"he "',lemsl stetl hour 5ervce Gu tle.Wrnen vans must be tied atimin vrc,lime fis consul the applkade FedEx 5ervea Gli de far or fall The ili—. liim q pleart may he dMomnt than the actual Charges kr your shipment,Ohtarences may occur Used on asset weight.di sans and other facture Consult the applicable Ii iSwlu nude or Pe FedEx Rare Sheets far course on how shipping charges are calculated � 1 1 1 1 i 1 1 1 ' https://www.fedex.com/shipping/labelAction.handle?method=doShipReceipt&isDecompre... 8/28/2013 Algonquin Gas Transmission, LLC 890 Winter Street, Suite 300 Waltham, MA 02451 Spectra Energy) Waltham, Partners, April 7, 2014 RE: Algonquin Gas Transmission, LLC Salem Lateral Project Pre-filing Draft Resource Reports 1 - 12 Federal Energy Regulatory Commission -Docket No. PF14-5-000 Algonquin Gas Transmission, LLC ("Algonquin"), an indirect, wholly-owned subsidiary of Spectra Energy Partners, LP, is seeking authorization from the Federal Energy Regulatory Commission ("FERC")pursuant to Section 7(c)of the Natural Gas Act to construct, install, own, operate, and maintain the Salem Lateral Project located in the City of Salem, Essex County, Massachusetts. The Salem Lateral Project will deliver critically needed natural gas supplies to meet the supply requirements at the Salem Harbor Station facility, which is proposed for redevelopment by Footprint Power Salem Harbor Development, LP. On April 2, 2014, Algonquin submitted its draft Resource Reports 1 - 12 to the FERC as part of the Pre-filing Review Process. Enclosed for your review on CD is a complete set of reports and associated maps and figures. These Pre-filing documents are also available online at FERC's web site using the"elibrary" link at www.ferc.eov. Written comments regarding the proposed Salem Lateral Project should be sent to: Kimberly D. Bose, Secretary Federal Energy Regulatory Commission Office of the Secretary 888 First Street,NE Washington, D.C. 20426 We encourage your continued cooperation throughout this process. Please do not hesitate to contact me at(617) 560-1424 if you have any questions. Sincerely, Sabrina Hepburn Salem Lateral Environmental Project Manager www.spectraenergy.com c. CITY OF SALEM \ 9` CONSERVATION O COMMISSION September 30, 2013 Richard Paquette TRC Environmental 6 Ashley Drive, I" floor Scarborough, ME 04074 Re: Administrative Correction to Order of Conditions—DEP #64-553—Borings for Salem Lateral Project Dear Mr. Paquette: Enclosed, please find an administrative correction to the above-referenced Order of Conditions. The original Order omitted conditions #37 and #38, which were approved by the Commission. Prior to recording the Order at the registry, please replace the original Page 4 of the Attachment to Order of Conditions with the attached corrected Page 4. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosure CC: DEP Northeast Regional Office Attachment to Order of Conditions # 64-553 Page 4 of 4 DURING CONSTRUCTION 25. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 26. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plants). 27. All waste products,grubbed stumps,slash; construction materials, etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 28. There shall be no pumping of water from wetland resource areas. 29. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 30. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 31. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 32. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). 33. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 34. 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. 35. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 36. Per Division of Marine Fisheries comments (9/10/2013 email from Tay Evans), contractors shall use a camera or divers to ensure that borings B 1-136 are not directly over eelgrass. 37. If any boring locations are adjusted to comply with Condition#36, a map showing the new locations shall be submitted to the Commission. 38. The bottom of the barge shall not make contact with the seafloor. CITY OF SALEM F� CONSERVATION COMMISSIO N September 26, 2013 Richard Paquette TRC Environmental 6 Ashley Drive, 15` floor Scarborough, ME 04074 Re: Order of Conditions—DEP #64-553—Borings for Salem Lateral Project Dear Mr. Paquette: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period (as of September 26, 2013), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission With added 2. This issuance is for space to a. ®Order of Conditions b. ❑ Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Sabrina Hepburn Important: a.First Name b.Last Name When filling Algonquin Gas Transmission LLC out forms on c.Organization the 890 Winter Street, Suite 300 computer, use only the d.Mailing Address tab key to Waltham MA 02451 move your e.CitylTown f.State cursor-do g.Zip Code not use the 4. Property Owner(if different from applicant): return key. See NOI attachments A and E r� a. First Name b. Last Name c.Organization rertm d.Mailing Address e.C1ty(Fown I.State g.Zip Code 5. Project Location: See attachment to Order of Conditions Salem a.Street Address b.Cdy/Iown C.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: d In s d In s d. Latitude e. Longitude wpaform5.doc• rev.o5i92oio Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem Cityliown A. General Information (cont.). 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): NA a. County b. Certificate Number(if registered land) c. Book d. Page 7. Dates: 8/29/2013 9/26/2013 9/26/2013 a. Date Notice of Intent Filed b. Date Public Hearing closed C. Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Salem Lateral Project Geotechnical Survey Permit Plan a. Plan Title TRC Environmental NA b. Prepared By c.Signed and Stamped by 8/27/2013 NA d. Final Revision Date e. Scale f.Additional Plan or Document Title g. Date B. Findings i. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act(the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2, This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpefonn5.doo• rev.05119/2010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem B. Findings (cont.) City/Town Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which Is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b.linear feet c.linear feet d. linear feet a. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.c/y dredged 7. El Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.8. El Isolated Land g.c h.cubic feet f.cubic feet ubic feet cubic feet Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet square feet Sq ft between 100- f. 200 it g.square feet h.square feet i.-square feet j.square feet wpalorm5.doc• rev,0 511 92 01 0 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the 0.8 0.8 Ocean a.square feet b.square feet T dy dredged d c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ® Coastal Beaches 1.2 1.2 _ cu yd cu yd a.square feet b.square feet c.nourishment d,nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks T linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes 18. Land Under Salt a,square feet b.square feet c.square feet d.square feet ❑ Ponds a.square feet b.square feet c.C/y dredged d.c/y dredged is. ® Land Containing 2.0 2.0 Shellfish a.square feet b.square feet c.square feet d.square feet 20. ® Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above NA a.c/y dredged b.c/y dredged 21. ® Land Subject to 2.2 Coastal Storm a.square feet b square feet Flowage •aparo,m5,doc• ,ev.osnsnom Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eOEP Transaction# Salem Cityfrown B. Findings (cont.) #22. If the project is for 22. ❑ Restoration/Enhancement the purpose of restoring or enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c Bor .ITo)(Salt The following conditions are only applicable to Approved projects. please)enters 1. Failure to comply with all conditions stated herein, and with all related statutes and other the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or. b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 9/27/2016 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpalorm5.dm, rev.M19,2010 Page 5 o112 Mass achusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the 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. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MassDEP"] "File Number 64-553 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5.doc• rev.05/192010 Page 6 of 12 i i Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project') is (1)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with Post-construction i P BMPs is suitablyestablis hed to withstand erosion. wpaform5.doc• rev.0s,192010 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified. that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and #.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wraform&doc• rev.05/192010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: ` Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.doc• rev.05/19¢010 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MassOEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1, Municipal Ordinance or eylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ®that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Salem c.50 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaform5.doc• rev.0 511 9/2 01 0 Page 10 of 12 0 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 - Order of Conditions MdssDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTran aaction# Salem City/Town E. Signatures 1 pp This Order is valid for three years, unless otherwise specified as a special —O condition pursuant to General Conditions#4,from the date of issuance. 1.UaV of Issuan e Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. Nu of Signers The Order must be mailed by certified mail(return receipt requested) r an eli Bred the pplicant.A copy also must be mailed or hand delivered at the same time to the >p riatq epayttnan f .Environmental Protection Regional Office,if not filing electronically, n (ie pfoperty ow r, if different from applicant. SM ❑ by hand delivery on �y certified mail, return receipt r queste on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpafurm5.doc• rev.05/1V2010 Page 11 of 12 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-553 WPA Form 5 — Order of Conditions MassDEP File N Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem G. Recording Information City/Town Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Paga 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 vvpaform5.dm• rev.05/19/2010 Page 12 of 12 ? _ - Attachment to Order of Conditions # 64-553 Page 1 of 4 SALEM CONSERVATION COMMISSION DEP FILE #64-553 Algonquin Exploratory Borings City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map(online, retrieved 9/9/2013) From Natural Heritage& Endangered Species Program (NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species not contains any vernal pools. This order permits exploratory geotechnical borings offshore under Beverly Harbor & Collins Cove and on land at National Grid's Waite Street and Pierce Avenue property, I East Collins Street (Ward 11 Social Club), and at the southeastern edge of Szetela Lane along Collins Cove, per Notice of Intent submitted 8/29/2013 and the attached conditions. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 4 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 50. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site, a DEP Sign showing DEP File#64-553 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten (10)day appeal period has lapsed fiont the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers, or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131, Section 40, the Wetlands Regulations 3I0 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. Attachment to Order of Conditions # 64-553 :a„. '.•� Page 2 of 4 8. The term "Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter conditions) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. Y 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitte d. d. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Spectra Energy, Algonquin Gas Transmission, LLC, Salem Lateral Project, Geotechnical Survey Permit Plan, Salem, MA (2 pages) ("%itle) 8/27/2013 (Dated) NA (Signed and Stamped by) City of Salem Conservation Commission (OnJile with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Chug with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend � Attachment to Order of Conditions # 64-553 Page 3 of 4 this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued, the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above, there must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion contro l line shall be adjusted, if necessary, during the pre-construction meeting. Please contact the Conservation Agent at (978) 619-5685 at least forty-eight(48) hours prior to construction to arrange for the Pre- Construction Meeting. is. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation, including trees, or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 20. There shall be at least twenty (20)hay bales and wooden stakes stored under cover on the site to be used for emergency erosion control purposes. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the mininuun standards for this project; the Commission or its Agent may require additional measures. 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 .y. Any accumulated silt adjacent to the barriers shall be removed. 24. Any de-watering of trenches or other excavation required during construction shall be conducted so as to re p venC siltation of wetland resource areas. All discharge from de-watering activities shall be filtered tlu-ough hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. r Attachment to Order of Conditions # 64-553 +� Page 4 of 4 DURING CONSTRUCTION 25. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 26. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 27. All waste products,grubbed stumps, slash; construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 28. There shall be no pulping of water from wetland resource areas. 29. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other components shall be fixed immediately. 30. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 31. The applicant is herby notified that failure to comply with all requirements herein may result in die issuance of enforcement actions by the Conservation Commission including, but not limited to, civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 32. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if required by the Conservation Commission at the time of request). 33. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 34. 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. Oie up11 review and approval by the Commission, may the applicant request in writing a Certificate of oll Compliance as described above. 35. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal ADDITIONAL CONDITIONS 36. Per Division of Marine Fisheries comments (9/10/2013 email from Tay Evans), contractors shall use a camera or divers to ensure that borings 131-136 are not directly over eelgrass. d8u"��� �` x xattx"u 3 0 T o- X A �• S ate. ywFy •{R b.. "p�'.�' e..' j k e /nl fl aY ,.� ,� ' fin.," � F' ,•�..�"rp' 9 f S � :naw4UYR i J . ,n � T 4 =a, y n ue Tom Devine From: Paquette, Richard <RPaquette@tresolutions.com> Sent: Thursday, September 12, 2013 2:41 PM To: Tom Devine Cc: Hepburn, Sabrina K Subject: RE: 3 legal ads for Thurs, 9/5 Tom, Thanks for the opportunity to review the conditions. As you are aware, many of these conditions are targeted for typical construction projects so they don't really apply to the survey work. Accordingly, we have a few suggested deletions based on the survey work we are proposing: Conditions#25, 27 to 28 and 32 to 34- These conditions don't really apply to the geotech boring operation so we suggest that they be removed. Conditions#39 (2) and (3). - We will not have any as-built plans because we are not building anything and there is nothing for a PE to sign. Thanks and see you tonight. Rick ----------__ From Tom Devine [mailto:tdevine(OSalem.com] Sent: Friday, August 30, 2013 8:50 AM To: Paquette, Richard Subject: RE: 3 legal ads for Thurs, 9/5 Also, please take a moment to review the Commission's attached standard conditions that it typically attaches to orders it issues. We'll remove anything irrelevant. Tom Devine, Conservation Agent/Staff Planner City of Salem Department of Planning & Community Development Q 120 Washington St., 3rd Floor I Salem, MA 01970 (V) 978-619-5682 1 (F) 978-740-0404 tdevine(cDsalem.com I salem.com _.. ----------.._.,_____.___________..__._._..___...____..__ . ..-.._..-______ _ --_.-_ ._. _.....__..._.._. From: Paquette, Richard [mailto:RPaquette@tresolutions.com] Sent: Friday, August 30, 2013 8:44 AM To: Tom Devine Subject: RE: 3 legal ads for Thurs, 9/5 Tom, It looks fine to me. Thanks for the opportunity to review. 1 r Tom Devine From: Evans, Tay (MISC) <tay.evans@state.ma.us> Sent: Tuesday, September 10, 2013 2:03 PM To: Amy Maxner; Tom Devine Cc: rpaquette@tresolutions.com; Ostrikis, Katelyn (FWE) Subject: Spectra Energy (Geotechnical Survey Salem Lateral Project) DMF comment To: Amy Maxner and Beverly Conservation Commission &Tom Devine and Salem Conservation Commission: MarineFisheries has reviewed the NO1 filing for the Geotechnical Survey submitted on behalf of Algonquin Gas Transmission, LLC. The proponent is requesting to drill 3 geotechnical borings in waters of the City of Beverly and 13 in the City of Salem. The intertidal boring locations are in areas of mapped shellfish habitat for blue mussel, soft shell clams, and quahogs. Borings number B1-B6 are located in potential eelgrass habitat that was mapped by DEP in 2001 (Figure 1.). We recommend that the contractors use a camera or divers to ensure that the borings B1-B6 are not directly over eelgrass. Otherwise, we expect minimal impact from the scope of work and we have no further resource recommendations. Thank you for the opportunity to review this project. Please contact me at 978-282-0308 x 169 or at Tay.Evans@state.ma.us if you have any questions about This review. i1 N.Tay Evans Marine Fisheries Biologist Massachusetts Division of Marine Fisheries Annisquam River Marine Fisheries Field Station 30 Emerson Ave. Gloucester, MA 01915 978-282-0308 x. 168 1