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64-295 - 4 BLANEY STREET - CONSERVATION COMMISSION N�- RE�� - �� -2�� Go�� Y� � �I .�.�'� �� ' UPC 10330 i� ' ' �s. ' N� �o+ '�m�'' nxsnnee, e� ; , t � . _ . � ._ _�..,_ .�,..., � ,...�,,�� .... .�.,��.�..� ��,.t�«.�:,..,:,��:,.,�. td ' . `Q � Massachusetts Department of Environmental Protection oeP Fue N�mbe�: Bureau of Resource Protection - Wetlands 64-295 WPA Form 8B — Certificate of Compliance ProvidedbyDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: � This Certificate of Compliance is issued to: When filling out forms on the Goldeneye Corporation computer, use Name only the tab 4 Blane Street key to mave y yoUf CUrsor- Mailing Address do not use the Salem MA 01970 return key. CitylTown State Zip Code � 2. This Certificate of Compliance is issued for work regulated by a fnal Order of Conditions issued to: � Goldeneye Corporation Name '�""' May 27, 1999 64-295 � Dated DEP File Number � I 3. The project site is located at: I 4 Blaney Street Salem Street Address City(fown � 41 0278 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Same !, Property Owner(if different) � �� Essex 16002 329 Counry ' Book Page Certifirate 4. A site inspection was made in the presence of the applicant, or the applicanYs agent, on: May 9, 2001 Date 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 certifed 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: WPA Form BB - Page 1 0(3 Rev.02/W �' Massachusetts Department of Environmental Protection oeP F�ie N�m�� '�; Bureau of Resource Protection -Wetlands I 6y-zq5 WPA Form 86 — Certificate of Compliance providedbyDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) �Inva�id Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (Include any I conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Sc.�c� �ti b:?ssv\ Conservation Commission Date f Iss ance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See Appendix A). Signatures � r��,�"�`s'„ IGGL�c-- � ) I - � On 'Ty..� Of � Zcr'�\ . Day Month a Year _ before me personally appeared �bu�� lVaMe S t� me known to be the person described in and who executed the foregoing instrument and acknowledged that helshe execuied the same as hislher free act and deed. a �w„ >l--9� 2cl��' � Notary Pubic My com ission expire WPA Fomi BB Pape 2 d 3 Rev.OL00 . ' '{ Massachusetts Department of Environmental Protection DEP File Number. � Bureau of Resource Protection - Wetlands 64-295 WPA Form 8B — Certificate of Compliance P,o�;dedbYOEP ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ', D. Recording Confirmation The applicant is responsible for ensuring that'this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. , To: Salem Conservalion Commission Please be advised that the Certificate of Compliance for the project at: 4 Blaney Street 64-295 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 WPA Form BB Page 3 of 3 Rev.02/00 _ •` ' � Massachusetts Department of Environmental Protection DEP File Number: ` � �" x _ Bureau of Resource Protection - Wetlands 64-295 - ` WPA Form 8A — Request for Certificate of Compliance ProvidedbyDEP ,�',�_� = Massachusetts Wetiands Protection Act M.G.L. c. 131, §40 �. A. Project Information Important: when filiing out 1. This request is being made by: formsonthe Goldeneye Corporation computer, use - only the tab Name keytomove 4 Blaney Street yourCUrsof- MailingAddress donotusethe Salem A1A 01970 retum key. Gry/Town State Zip Code � (978) 744-3800 m Phone Num6er � 2. This request is in reference to work regulated by a final Order of Conditions issued to: "�"' Goldeneye Corporation Applicant Diay 27, 1999 64-295 Dated ' DEP File Number Upon completion of the work 3. The project site is located at: authorized in 4 Blaney Street Salem an Ofdef of Street Address City/Town Conditions.the 41 0278 property owner mu�t fequest a Assessors Map/Plat Number Parcel/Lot Number Certifcate of Compiiance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing authorily stafing property Owner(if different) that the work or portionofthe Essex 16002 329 work has been County Book Page satisfadorily . completed. Certificate('rf registered land) 5. This request is for certification that(check one): ❑ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the foliowing portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑x the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. I tsPn renn sn Paae 1 0l2 Rev_OJ00 �. _ , w ✓ � Massachusetts Department of Environmental Protection DEP File Number: � Bureau of Resource Protection - Wetlands 64-295 � WPA FOrm 8A — Request for Certificate of Compliance ProvidedbyDEP ,� � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOCj. If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). �mm�Fo�m an Rev.02I00 Page 2 of 2 l , . . � �. SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 �I JONN R. SERAFINI. SR. TELEPMONE �II JOHN R. SERAFINI. �R. 9�8-144-0212 JOHN E. DARLING ]BI-SBI-2J43 I �oSEPH C. CORREHn TELECOPIER . ROBERTT. FORD 978-741-4683 May 9 , 2001 � -�^ c ' _n � � �-� VIA HAND DELIVERY �� .,�� I� t11T� j Don Cefalo, Administrator � <. _"y' Salem Conservation Commission �-% '�� One Salem Green, 2"d Floor �-j ��'� Salem, Massachusetts 01970 Uz Re: 10 Blaney Street Dear Mr. Cefalo: As you know, the property at 10 Blaney Street (the Salem Ferry site) is being sold to PG&E Corporation. In preparation to close the sale, the title to the property shows three outstanding Orders of Condition on the property. They are as follows: 1 . DEP File No. 64-19 dated January, 1977 , issued to T. Mackey & Sons: This Order was to allow the removal of all inoperable vehicles and machines from Webb Wharf and the placement of rip rap along the face of the Wharf, and the construction of a pier from the property. 2 . DEP File No. 64-247 dated April 11, 1996, issued to Thomas Mackey and Sons, for which a Certificate of Compliance has been issued for portions of the work. 3 . DEP File No. 64-295 dated May 27 , 1999 and as amended January 27 , 2000, issued to Goldeneye Corporation: This Order conditions the pier project by Goldeneye, which plan is now being abandoned due to the sale of the property. In order to clear the title to the property of these Orders, it is necessary for the Commission to issue Certificates of Compliance stating that the work for the proposed projects for which the Orders were issued has not commenced. By closing out these Orders of Conditions, the Commission' s interests will be protected, as any future activity on this site will require a new Notice of Intent filing and order of Conditions. , . - May 9, 2001 Page Two Would you please place this administrative matter on the Commission's agenda for Thursday, May 10, 2001. Sin erely, � � �� J sel�Correnti JCC:dl cc: William F. Delaney, Esquire John D. Keenan, City Solicitor Joe Walsh, City Planner . _. _ 4 ��--- - � . � � " 310 CMR 10.99 . DEP File No. 64 -Z95 � � � (To be provitle0 by DE�) ' ` Pora 5 [ity/Torn Salem ��;��t 6oldenye Corp,- Co�onwealth ' . of Massachusetts Amended 1 27 00 . - � Amended 7 22 99 . Order of Conditione Massachuetts Wetlanda Protection Act G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To [' lA n � r +� �,m� � (Name of Applicant) � (Name of property owner) Address 9 Blaney Street, Salem pddress -•This Order is issued and delivered as follows: � '� by hand� delivery to applicant or representative on July 9, 1999 (dace) ❑ by certified mail, recurn receipc requesced on � (dacel. This project is locaced ac 4 Blangv Street The property is recorded at the Registry of Essex . Book 14792 • page 59 Certificate (i: registeredl The Notice of Intent for this project was filed on 5/17/99 (date) The public hearing was closed on 5/27/99 (date) � Pindinge � . The Co2M�1SSiOR has reviewed the ebove-referenced Motice of Intmt end plans and has ��=�� held a public hearing on the projeci. Based on che information available co che o mi ssion at this � � � time, the Commission has de[ermined 2hat che area on �hicA She proposed work is to be done is significant to the fotlo�ing in[erescs in accordance with the Presurycions of Significance se[ forch in the regulecions tor each Area Subject co Protection Under the �ct (check as appropriaie): . � public ra[er supply ilood Control �..4 land cantaining shellfish Priva2e �ater supply � Storm damage prcvention L{ Fisheries � Grwd water supply �� revention of pollution � Proteciion of Yildlife Xabitai� 0 � Tocel Filing Fee Su6nitted State Share � �(1/2 fee in eacess of S25) Cicy/Tovn Shere 0 (WATVFDI lotal Refund Due S � City/Town iortion S State Portionf . (1/2 towl) (1/2 total) Effective 11/10/89 � 5-1 _ ' • a Therefore, the Commission hereby finds that the following conditions I are necessary, in accordance with the Performance Standards set forth ±n the ' regulations, tc pzotect those incerests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intenc referenced above. To the extent that the folloving conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Coaditions � 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed eause to revoke or modify this Order. 2. The Order does not grant any property zights 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 necessicy of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. • 9. The work authorized hereunder shall be completed wiehin 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; oz (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 and both that daee and the special circumstances wazranting che excended time period are set forth in this Order. S. This Order may be extended by the issuing authority for one or more per:ods of up to three years each upon application to the issuing authority at least 30 days pzior to [he expiration date of the Order. 5, Any � ill used in connection with this project shall b� clean fill, concaining no czash, zefuse, rubbish or debris, including but noc limiced v- � [o lumber, bricks, plascer, wire, lath, paper, cardboard, pipe, cires, ashes, refrigerators, mocor vehicles or parts of any of the foregoing. 7. No Work shall be undercaken uncil all adminiscracive appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. . e. No work shall be undertaken until the Final order has been recorded in the Registry o: Deeds or the Land Court for the district in which the land is located, wichin the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Regiscry' 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 registered land, the Final order shall also be noted on the Land Court Ceztificate of Title of the owner of the land upon which the proposed work is to be done. The recording informatin shall be submitted to the c'n�mnic�;nn on the form at the end of this Order pzior to commencement of the wozk. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, °htassachusetts Department of Environmental Protection, File Number 64-295 �� 10. where the Department of Environmental Protection is requested co make a . determination and co issue a Supersedina Order, the Conservation Commission shall be a parcy to all agency proceedings and hearings before [he Deoartmenc. 5-2 1 � ' �. •- � 11. Upon completion of the work described herein, the applicant �hall fortrwith request in writing �hat a Cercificate of Comoliance be issue3 ' scating tha; tne work has been satisiaccorily completed. 12. The work shall conform to the following nlans and special conditions: Plans: Title Dated Signed and Stamoed by: On File with: Salem Ferry Terminal �26/99 Dann; c:rnn at c r r Sheets 4 of 4 Deleted 1/27/00 Salem Ferry an i�d ng- F�iese �- Site Plan Sheet 2of4 5/��T Ronald R. Bou�ne s.c.c. Deletecl 1/27/00 Special Conditions (Use additional paper if necessary) � � See Attached. 7/22/99 Amendment- No greater than 6 screw driven spud piles shall be: permitted to be temporarily installed per plan. All spud piles shall be removed prior to December 1, 1999. Deleted 1/27/00 1/27/00 Amended Plann of Record: 1/1�/00 Danni Goulet S.C.C. . Sheet 1 of 1 Site Plan Drawing #98204 (Leave Space Blank) , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 5-3A S � Issued By al Conservation Commission Signature( ) � U � This Order must be signed by a majority of the Conservation Commission. On this 27th day. of m�� 19 go , before me personally appeared the above mentioned , to me known to be the . person described in and who executed the foregoing instrument and acknowledged that he/she execu d t e e as his/her free acc and deed. SiEpHEN bIBBLE Nomry PubAc 1At0onv�sinn Fimires Nbv,12,2004 No ary P lic hty commission exoires he applicant, the owner, any person agrrieved by this Order, any ouner of land abutting che land upon which � the proposed wark is to be done, or any ten residents of the ciry or [oun�in which such lanE is locaced, are hereby nctiiied of iheir right to requesc the Deparsmen[ of Envirormencal 7rotection to issue a Superseding � Order, providing the request is made by certified mail or hand delivery to i�e Departmen2, �ith�the appropriete tiling tee end Fee Trarumiital Form as provided in 310 CMR 10.03(7), uithin ten days fran the � date of issuance of this de[ermination. A copy of the request shall at tAe same time be sen[ by cercified mail or hand delivery [o the Conservation Commission erd the epplicant. . A TRUE COPY ATT�ST � ,�.�.�.,c ��:,,� CITY CLERK SALEIN, MABS. Detach m dotted line ard s�ait to tAe COmnIlSSion prior to caimencement of uork. ............................................................................................................ Ta - Issuing AuthoriLy � Please be advised ihat the Order of Conditions for 2he project at File N�nber has been recorded at the Registry of a^� has been noted in the chain of title oi the eftected property in accordance uith General Condition 8 on ,79 If recorded land, the instrunent nurber which identifies this transaccion is � If regiscered land, ihe docunent rnmber which identifies this transaction is Signature Applicant, 5-4F Salem Conservation Commission �� SPECIAL CONDITIONS—DEP FILE# 64-295,Address: Blaney Street Amended 7/22/99 & 1/27/00 1. The Conservation Agent will be notified 48 hours prior to commencement of consuuction activities(978-745- 9595 ext.3]1). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the condi6ons and perfortnance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measuremenu,photogaphs,observation and/or materials or may require the submittal of any data or infortnation deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40,and Wetlands Reguladons 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the ]0-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Departrnent of Environmental Protection. This form shall be returned ro the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-295,and not placed on a living tree. 6. The term"ApplicanY'as used in this Ordet 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 Condifions. 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 permiu and approvals associated with this project. These permits may include but aze not necessarily limited to the following: (1) Section 404 of the Fedenl Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Polluaon Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts Genetal Laws as codified (3) Flood Plain (4) Grading Ordinance ' 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be perfonned so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after compleUon of the project. 10. The Commission and its Adminishator shall have the discrerion to modify the erosion/siltation control methods and boundary during construction if necessary. ]I. All work shall be perfonned in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes aze made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subjed to regulations under G.L.Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to the'v implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the '' P lans or information submitted by the applicant shall be considered changes and the above procedures shall be uest shall at the same time be sent to the De aztment of Environmental Protection. followed. A copy of such req p 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an ouutanding Order of Conditions on the propeRy and has received a copy of the Order of Conditions. 14. Conditions number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuiry,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or iu administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-consWction meeting. 16. Prior to the pre-construction meeting acid commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the appmva]plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-conswction meeting. 17. Prior to the commencement of any activiry on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limiu of work shall be cleazly marked with stakes or flags and shall be confirmed by the Commission or iu Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all consWction is complete. Workers shall be infomied that no use of machinery, storage of machinery or materials,stockpiling of soil or conswcrion activity is to occur beyond this line at anytime. 19. Prior to commencement of conswction on site,the limiu of wetland resource azeas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be unpacted and the limits of work in the replication area(s)shall be clearly flagged. der cover on the site to be used onl for ha bales and wooden staked stored un y 20. There shall be(X3IX) y (X3IX) emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification rovided in the Notice of Intent and the erosion control rovision in the Order will be the minimum standazds P p for this project;additional measures may be requ'ved by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location faz enough away from the wetland resource azeas to prevent sediment from entering wetland resource azeas. 23. Erosion and sedimentarion control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The azeas of consWction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of henches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource azeas. All discharges from de-watering activities shall be fikered thmugh haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the '• completed portion of the site shall be pertnanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-temt stabilizarion of disturbed azeas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other gass should be established to prevent erosion and sedimentarion. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,fumly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documenu and reports cited in Condition# 11,shall be on the site upon commencement and during aay site work for contractors to view and adhere to. 29. Erosiou and sedimentation contro]devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste producu,grubbed stumps,slash,constrvction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material&om the site shall be done ic�accordance wittt the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone azea. Any deposit of cement or concrete products into a buffer zone or wetland resource azea shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource azea or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from weUand resource areas. 36. During consWction,all drainage structures shall be inspected regulazly and deaned as necessary. 37. Immediately following drainage sWcture installation,all inleu shall be protected by sik fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. T'he project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21A,section 16. POST CONSTRUCTION 40. All dishvbed azeas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankeu or other approved means. All disturbed azeas will be graded,loamed,and seeded prior to November 1 of each yeaz,if possible. No disturbed azeas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of cuTrent landowner; b. Name and address of the individuaUtrust or other entity to whom the Certificate is to be issued: .• c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-BuilP'plan signed and stamped by a Registered Professional Engineer showing post-wnstruction conditions and: a. As-built elevations of all drainage ways conshvcted within 100 feet of any wetlacid resource azea; b. As-built elevarions and grades of all filled or altered weUand resource areas,buffer zones and replicated areas;and c. Distances to all shvctures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex Counry Registry of Deeds. 43. If the completed work differs from that in the original plans and condiflons,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. 44. Erosion control devices shall remain in place and properly functioning unril all exposed soils have been stabilized with final vegetative cover atid the Couunission and/or iu Administrator has authorized the'u removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kiad of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Southerly corner of placement af final course of armament stone on bank shall be completed prior to May 2000. The pedestrian walkway shall be extended to White Street. Installation of drainage swale and walkway shall be permitted to commence on November I5, 1999 and shall be fully completed prior to the start of the 2000 season. 50. Trash barrels shall have dome covers with doors or equivalent litter preventing design,and debris,dumpster, and lynnpak shall be contained and managed on site by operator. 51. Stormwater plans and drainage calculations shall be approved by City Engineer in writing with copy forwarded to Salem Conservation Commission prior to start of any work. 52. Contingeucy plan for fueling shall be approved by Salem Conservation Commission, Salem Fire Deparhnent, and Coast Guard prior to any fueling opentions taking place. 53. No additional impervious surtacing shall be permitted beyond that shown on plan. Pavement shall be pitched to landside to prevent sheetflow directly to harbar. Parking lot and driveways shall be set back a minimum of eig6t feet from top of slope with vehicular barrier of 2' a 3' boulders to prevent vehicles Gom entering harboa 54. Seawall to be constructed trom landside. Construction barge for piles sha116ave adequate spill kit and be accessible tor aggressive containmenf. No running machinery shall be left unattended. Equipment servicing and overnight equipment storage must be conducted outside the buffer wne. Equipment must .. , „ be maintained to preveot leakage or discharge of pollutants. Trash barrels shall have dome cover with daors or equivalent litter preventing design,and debris,dumpster,and lynnpak shall be contained and managed on site by operator. 55. Amendment on 7/22/99 to allow for installation of no greater than 6 screw driven sped piles were never installed and are deleted from t6is order. 56. All plans shall be deleted trom this order except site plan drawing#98204 sheet 1 ot 1 dated and revised 1/19/00 and signed and stamped by Danni R Goulet 57. Ail parking areas shall remain gravel and public walkway shall be stonedust 58. All iles are to be fully extracted it 1loats are removed excepting during short term maintenance of P floats. 59. Storage of products on gangway,lloats and other marine facilities shall not be permitted. 60. Approval of ameoded Order of Conditious contingent on Salem Harbormaster approval in writing with copy to Commission prior to the start of any work. , 61. Floats shall be pont000 floats with suf6cient air spacing between floatation blocks. 62. Building permit shall be issued or Salem Buiiding Department Ietter stating permit not required for all or portioos of work shall be submitted to Commission prior to the start of any work including seawall,pier, gangway,float system,buildings and any ot6er structures. 63. Department of Environmental Protection Stormwater Discharge Permit shall be received or DEP letter stating no such permit required shal►be submitted. Stormwater discharge permit to commission prior to start of any work. �,.�.�,� � � Bou'rne Consulting Engineering :., �.-...,�_ �Y � i %1 /X4 Woct l�on�rnl \traof . . J�I W/�I �\ . . .. .,....„. .... � � �� Franklin, MA 02038 � '� ,Ronald R. Bourne, P.E. -President �. . � � � . � � � . � , ��CCi`!ED : May 25:20¢0,; , 1.k� �;�� ?3 r,x .��: �6 ,..3 SAI_FPvI PlAf�d1�114C� C� �- . Salem Conservation Commission 1'Salem Green . ' Salem,MA 01970 ` - Attn: Chairman . Re: Goldeneye Corp.,Order of Conditions,File 64-295 : In.the original order, the applicanC had provided" plans and designs 'for environmental swale at two locations on the Goldeneye property. . The inshore swale that ran along the seawall was.found to be extremely difficult and expensive to.build and a potential risk of compromis,ing the existing seawall due to the presence of existing foundations that were constructed within this'area.. In addition, we are now having discussions with the Salem Engineering Department in regard to storm run off and flows originating from Derby Street that are entering the site. It is the intent to have the flows � � redirected,to�the.city�stormwater�collectionsystem, � � � � � � � � � It is our plan, at this time, to relocate the proposed drainage swale to a small environmental basin t6at would.be located at the cornec of.the seawall in an area that does not contain the former building, foundation elements. It is our infent to submit these to you by June 8;2000. Thank you for your attention to this matte�. Should you have any questions.or need further information, ' " , please do not hesitate to contact me. Very truly yours, BOURNE CONSULTING ENGINEERING Ronald R. Boume,P.E. President Cc: Bob Blair, Goldeneye Corp. , ' TeL (508) 528-8133•Fax(508)520-6671 •e-inail: bce@bournece.com _ ; � r . �c,o�coy � �. � �� '; �orlser-�atio� C�rr��ni�.�ior� � � Salem, Massachusetts 01.970 � L`. �:��q55F(.N�'- � . To: Assistant City Solicito Keenan From: Stephen Dibbl� Subject: Goldeneye iss Date: December 22, 1999 Per your request, I have listed below several outstanding issues with the Blaney Street project. 1. Blaney Street—Mitigation Project Off-site mitigation on two sites has been approved by the Conservation Commission and is required to be completed by Goldeneye Corp between December 1999 and February 2000. Goldeneye Corp will need to enter into a contract with the Northeast Massachusetts Mosquito Control and Wetlands Management District who will serve as the"contractor" to perform the work. The two sites aze identified on site plan#444-A-Pickman Park and site plan#445-A Forest River TraiL 2. Existing Order of Conditions#64-295 - Goldeneye Corp, 4 Blaney Street, (amended 7/22/99) This permit was issued for the float system installed in 1999 and several landside improvements. Outstanding issues with this order include: a. This past yeaz the stormwater plans and drainage calculations should have been approved by City Engineet in writing with copy forwazded to Salem Conservation Commission prior to start of any work, b. Armament stone around southerly corner was to have been completed in 1999, a Installation of drainage swale and extension of pedestrian walkway to White Street is required to be fully completed prior to the start of the 2000 season, d. Contingency plan for fueling was required to be approved by Salem Conservation Commission, Salem Fire Department, and Coast Guazd prior to any fueling operations Y � R � ', . � taking place, and e. The installations of screw piles as requested by the Harbormaster were never installed and will need to be deleted from permit. 3. Request to amend Order of Conditions#64-295 As agreed to at the DEP, Goldeneye should file a request to amend their order to revise their plans from the temporary facility installed this yeaz to their more permanent facility. The filing deadline is December 30, 1999 at noon for the January 13, 2000 Conservation Commission meeting. Goldeneye is required to re-notify abutters via certified mail and a legal ad will be placed in the Salem News. Some additional issues for the January 13 meeting beyond the issues listed above will be as follows: a. The proposed new plans, which will become the plan of recoid, should show all work previously approved with the 1999 project(sheet 2 of 4) including pazking lot treatments, drainage swale, and azmament of southerly comer of seawall, b. Goldeneye under this plan will need to complete the partially built seawall through annament of the entire length of seawall, as required but never built under the old Mackey Order. This matter was agreed to by Goldeneye at the ConCom public heazing on May 27, 1999. In the event that the lazger city project goes forwazd and completion of the partially built seawall is not needed, Goldeneye could then request a partial Cer[ificate of Compliance thereby closing this order as they have already done with the old Mackey order, and c. It should be clear on the new plans any azeas proposed for pavement. If I can be of any additional assistance please do not hesitate to contact me. j ' ♦ ' i . sK6328 PG089 :� i _ TfiE COMMONWFJ�1,^F{ p� MASSACWS�TTS �` � " I o�=a �'.;-� 1JETLAVD ?�O^_�CTION ACT � � '; I G.L.c.131 s.40 , i ' � FT� �' V1ic..qFR. Hk-19 e hyi'1' ` � S. Y�acke S ns PROJECT LOCATION: Blane St� ' � ��: c o anie],��ckey i Broaduay� Salem, Mp C1970 CEP.T. MAIL I.O: 329809 � k RF.: NOTICE OF INiENT AV'J PLANS D�TED: DATE OF RECEIPT 9Y . DAiE OF ?UBbIC HEa.�ING: CONSERVATION COM.MISSZON• 1�18�yy Pursuant to tlie authority of G.�. c.131 s.40, the a em onserva 1on Cooaission has considered your notice of intent and plans submit�ed therewith, and has determined tnat the area on which the proposad work is to be done is signf�:icant to one or more of the interests described in the said act. The Salem Conservatlon Commisslon hereb�r�ers that the follovino con it ons are necessary an a � must be performed Sn strict coniormance thererith: � conv-mla�s =--- ��i: . ly e^ailure to comply vith all condit!ons stated herein, and aith all . � related statutes and othar regulatory measures, shall be deem�d ca�se to revoke or rt;odify this order. 2i This o_der does not grant any property rlghts or any exclusive � prlvileges; it does not au�horize any in�ury to private property or invasion of orivate rights. .. _ _ 3• This order does not relieve the pennittee or�any other person of the � necessSty of complying vith zll other applicable Eederal, state, or � local stztutes, ordinances, by-la�ds and/or regulatlons. 4l The aorR authorized her.eunder shall b� completed within one (1)_ year . Er�m t?�e �ate of this order. The order may be extended by the � issuing zuthority for one or nore additional one-year periods Upon �` agplication to the said issuing acthority zt least thirt da s � 'r,. to the expiration date of the order or its extension. Y y Prior �.. � `�I Sf Ar.y fill used in ronnection� vith this proJect shall be clean illl, � � .�: � containing no trash, refuse, rubbish or debris, including, without � �,' � limiting the generality o£ the foregoir.g, 1Lmber, bricks, plaster, � J! i w�ire, lath, paper, cardboard, oipe, tires, ashes, refrigerators, ' _ .i; ; motor vehScles or par[s of any of the foregoing. . 6. �I:o work may b? ceT�eaced un:il all appezl �perioda have elapsed fro:n / t e order of :he Co.^.setva�ic� Com;nlssion or from a final order by � the Departnent o= Natzral Rerocrces has elapsed. . , ^DN g - 30 - �; + i i � ' � " i i ' i i � i � � '.I __._... ° � . ,� I _..'_"'__' _'" _"_.._._'_.__ _" ��- . .. ._. . ... .._. _ � _: , • �� ___.. _ ; -- - - _.......__ . ._. . � . . __. ._....._... ..-- --_.:__. -:...:. . .. :....- .: _ _._.. ... BK6328 PG090 . � , � ; CCSDITT_OSS COSTINUED PAG� 2 SZL� KO. 64-19 i 7�- No work shall be undertaken uatil the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the distr±ct in which the land is located. Copy to be furnished to issuer o£ this Order showing book and page. 8� tJpon completion of the work described ti"erein, the aQplicant - shall forthwith reouest, in writing, that a Certificate of Compliance be issu�d stating that tne ��ork has been satisfactorily compieted. ' _ 9j A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmen�al Quality.Engineering, File Number 64-19 "- �� 10. Where the Department of Environmental-Quality Engineering 1s requested �o make a /� determination and to issue a superseding order, the Conservation Commission shall be a party to all aaency proceedings and hearings before the Department of �nvironmental�Qua�ity Engineering. 11..� The work shall conform to the following described plans and additional conditions: See attached sheet 2-A � - 31 - n:•r: •y'}.. �� ;a ; �,:: :�;::. ;�:; x�::' . `:;' _ , . ' . � - BK6328 P6091 ± . Page 2-A-----------File No. 64-19 ' .i . F,� � i`,: j Since the Salem Conservation Commission has determined that the area �='.`I �on rhiich the proposed uork is to be done is significant to storm damage ;'��i preveniion, the following conditions shall be followed. " �i;,�� a. All inoperable vehicles and machines shall be removed fmm F7ebb Nharf ;: prior to completion of work. ": `+� b. Riprap is to be placed over the southerly existing face of Nebb °�"i Wharf. ;�r , 'k• �•' '1 c. Only gravel and traprock ehall be used in filling the upper and lawer ';:-' tidal pools. 'ij, ,.-' :, "�-' d. The top of the pier deck shall be constructed to elevation 1 �'� �� mean lox rrater datum so as to be above the 100 year flood elevationt _ -;. y! e. Nothing in this Order of Conditions shall be construed as authorizing encroachment on or over property not oxned or. controlled by :!:e Applicant except rrith the consent of the oxner or oxners thereof. i:'. ��: 'j �,. ,i Y'. y . e, :� � � ¢' , �c � � ; '�;� , , �;:; . --- i �� ' _ ' ' BK6328 PG092 ' • � � � i COFDI^'OVS CONTINUED PAG£ 3 �Zii �0. �-19 i : ' �*. � I .yN; '. i ,' � ;+;�. =he appllcant, a�y person aggrieved by this order, any owner of land abuttinq the land upon which the proposed work is to be done, or �� Y: any ten residents of the c?ty or town in vhich s�ch land is located, ! s +r'.;`. are he:eby notif:ed of their right to appeal this order to the ;�"3 '.� � Deoartment of EnvlYvnmental Qua2lty.Engineering, pmvlded the za;uest.ls�made_ln •, : , y �' •xrSting and by"certlfled mhLl .to:the Depastment o£ �vironmentRl Quallty Englneering i ; � '.ulthln ten (10� days from the issuance �ef thls oxder. j i . � i 3 � ;�'' J 3 .� . � ! � Q...� � .: � ISSUED BY �lem Conservatlon Commissioni �� 4%i�. . . �� f.: 1 J , � ' / � V 1 ; ��: { ;�,., , i n.z�.-. . . :� :S ' 'z:.. . . . �E.� a`Z�:., � '�C:�� . . ^��;�.� . �c: , � I� :�t � .<�� ' I � .- " , . :�� .�a,� . ._x`i: .. . . ' On thls 14'th. a3f oa F�b�er�c��9?y, 5e£ore mc ;,c:soaally '�-� - - aopeared the above oommleslo��embere��aalem Conaervation Commleslon) _ `�;:_ to me known to be the person described in and who executed the foregoing �:; - iasttument and acknowledged that he executed the same as his free act "�� ar.d deed. �'� u f; ='al*! . - . �'t� ^�'�''�;; '. .: °�'� � .�. I • �� MY CCt::..,: �;'. .: .._::; � �! � h16RCH 7, 1»J '' ?.I / ;!y comrission expires: �y�;�;,' Done d F, unt, Nota y Putlic - n . . i - 3 2 - � ''. ' ' �?te�-r. .3 ��, • � � } . M�eFz v. i.�w.��i� i�,� .�. Yns1' ns. t:�st. �� e;i ��. - ��:'i-:�. . k;j,;' w;.�� 9k'G �:.' w.: I �_::: �N,�:. .'_� +Y2�`,. � i �� . ��.�:. � , CONIMONWEALTH OF MASSACHUSETTS , EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS d DEPARTMENT OF ENVII20NM��,�f2(��CTION - 205A Lowell St., Wilmington, MA 01887 (978) 661•7600 . ° 2u:� FEE ?� �a' $� U�} ARGEO PAUL CELLUCCI � � � BOs DURnNn Crovemor � `�r�(_F��n � Secretary , PLANNIPIG DF;'i. JANE SW�FT� . LAUREN A.LISS . LieucenantGovemor . . Commissioner February 18�', 2000 Goldeney Corporation c/o Bourne Consulting Engineering 184 West Central Street Franklin, MA 02038 RE: Chapter 91 Amended Written Determination Waterways License Application No. W99-9152 Salem Harbor in Salem, MA Deaz Sir(s): ` I am pleased to enclose the Amended Written Determination,pursuant to M.G.L. c.91, sec.18, for the referenced project. This Amended Written Determination has a twenty-one (21)day appeal period from the date of issuance. Please review Section VII of the Written Determination, "Notice of Appeal Rights", for who may appeal and how such an appeal must be filed. The Waterways License for the project can be issued upon completion of the appeal period, assuming no appeal is filed. If you have any questions, please contact Jill E. Provencal at(9'78) 661-7778. Si cerely; � es A. Spra Section Chief Wetlands and Waterways Program cc: Robert Blair, c/o Goldeneye Corporation,4 Blaney Street, Salem, MA 01970 Lois Bruinooge, DEPBoston, 1 Winter Street, 6�'Floor,Boston,MA 02108 Gregory Carrafiello, DERBoston, 1 Winter Street, 6�'Floor,Boston, MA 02108 Heidi Zisch,DEP-OGCBoston, 1 Winter Street, 3rd Floor,Boston, MA 02108 Salem Mayor and City Council, City Hall, Salem, MA 01970 � This ioformation u areila6le in altemate format by callieg our ADA Coordinafor at(61'n 574-6872. - � .p � � 205A Laxell St Wilmington,MA 01887 • Phone(978)881-7600 • Fax(978)661•7615 • TTD#(978)667-78�9 � . � � Printed on Re�ydeA Paper �'Salem Conservation Commission,City Hall, Salem,MA 01970 Brian Valiton, ACOE,Regulatory Division, 696 Virginia Rd, Conwrd, MA 01742 Peter D. Colosi, c%NOAA, One Backburn Drive, Gloucester,MA 01930 Walter B. Power, Salem Planning Boazd, City Hall, Salem, MA 01970 Salem,Zoning Boazd, City Ha11, Salem, MA 01970 William Whooley, Hazbormaster, Winter Island, Salem,MA 01970 ' Peter Victory, 8 Lee Street, Salem,MA 01970 Heidi Milman, 109 Derby Street, Salem,MA 01970 Kristine J. Cheetham, 50 Webb Street, Salem, MA 01970 John and Jessica Arena, 6 White Street,Unit 2, Salem, MA 01970 Russell Vickers, c/o Hawthorne Cove Marina, 10 White Street, Salem, MA 01970 Cazol Nazanjo, 6 White Street,Unit#4, Salem,MA 01970 Michael McLaughlin and Claudie Chuber, 3 White Street, Sa1em, MA 01970 Delores and Alice Jordan, 9'1 Derby Street;Salem, MA 01970 David Bystrom,42 Turner Street, Sa1em, MA 01970 Douglas Haley,43 Turner Street, Salem, MA 01970 Richard Pabick, 35 Winter Island Road, Sa1em,MA 01970 ' Annie Harris, c/o Salem Port Development Corp, 6 Central Street, Salem, MA 01970 Stephen Hultgren, 6 White Street,Unit#5, Salem,MA 01970 _ Maureen Keefe, 6 White Street, Unit#3, Salem, MA 01970 . Deborah Luskey, 94 Derby Street, Salem,MA 01970 . Priscilla Lord, 33 Cazlton Street, Salem, MA 01970 � George Smith, 6 White Street,Unit#5, Salem, MA 01970 .m � , COMMONWEALTH OF MASSACHUSETTS - , EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIItS , DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office � ARGBO PAUL CELLUCCI � . Govemor BOB DURAND � � � �Secreqry � JANESWIFP � - Lieutenant Govemor � � LAUREN LISS � - � Commissioner DIVISION OF WETL'ANDS AND WATERWAYS WATERWAYS REGULATION PROGRAM AMENDED DETERMINATION FOR ISSUANCE OF A WATERWAYS LICENSE FOR A WATER-DEPENDENT USE OF TIDELANDS PURSUANT TO M.G.L. C. 91 AND 310 C.M.R 9.00 I. PROJECT REFERENCE: Goldeneye Corporation on Filled and Flowed Tidelands of Salem Hazbor, Salem, MA Waterways Application No.W99-9152 I. AMENDED PROJECT DESCRIPTION: Goldeneye Corporation(hereinafter the "ApplicanY') requests authorization pursuant to M.G.L. Chapter 91 of 310 CMR 9.00 to construct and maintain a 16'x 10' pile-held pier; one 10'x 20' float, one 8'x 40' float; one 50'x 5' ramp; one 8'x 134' ramp; seven (� 10'x 40' pile-held floats; a 203 space parking Iot; a 40's 60' building and to repair an existing seawall. The Department of Environmental Protecdon Waterways Regulation Program (hereinafter"the DepartmenY')has jurisdicfion over the proposed project because it constitutes new conshuction on filled and flowed Commonwealth tidelands of Salem Hazbor. III. DEPARTMENT'S DETERbIINATION OF WATER DEPENDENCY: The Department has deternuned that the use of filled and flowed Commonwealth tidelands within Salem Harbor for a waterborne transportation facility, such as those serving femes, cruise ships, commuter and excursion boats, and water shuttles and taxis is considered a water dependent-industrial use pursuant to 310 CMR 9.12(2). The parking azea has been determined to be accessory to a water- dependent use pursuant to 310 CMR 9.12(3). Therefore,the application has been processed as a water-dependent use project. T6is information is available in alternate format by calling our ADA Coordinator at(61�5746872. 205a Lowell St. Wiimington,MA 01887•Phone (978)661-7600•Fa�c (978)661-7615 •TDD�t(978)661-7679 � � Pn�aC on RacyGetl PePar . � � Waterways Application No. W99-9152 Amended Written Determination Page 2 IV. DEPARTMENT'S SUMMARY A) Chapter 91 Licensing History , The DepartmenYs historical plans and Chapter 91 Waterways licensing records show that four I', licenses have been issued for activities on the project including: DPW License.#s 174, 174a, � issued October 25, 1921 and 4548, issued 7anuary 16, 1962; and DEP License#4916. These � licenses authorize the placement of fill, riprap and the construction of a seawall. Based upon � review of this information,ttie historic high water mazk is located at the seawazd end of White and Blaney Streets. B)MEPA Review , The proposed project was reviewed under the Massachusetts Environmental Policy Act (MEPA) EOEA File #11860. The Secretary,of Environmental Affairs, issued a Certification on February 12, 1999 finding that an Environmental Impact Report was not required. C)Public Notice and Hearing The Department sent notice to the Applicant in accordance with 9.13(1)(a)on January 26, 1999. The Mayor of Salem requested the Department conduct a public hearing on the application pursuant to 9.13(3)(a). A notice was published on Mazch 22, 1999 in the Salem Evening News for the public hearing,which was held on Wednesday, Mazch 24, 1999 at 630 P.M. at One Salem Green in Salem. The public hearing was attended by Salem City Counselor Peter Paskowski, Salem Conservation Commission representatives Paul Orr and Steve Dibble, Robert Blair of Golderieye Corporation, Ronald Bourne of Bourne Consulting Engineering,members of the public and representatives of the Department. After a brief introduction by the Department; Mr. Bourne made a short � presentation describing the construction of a 100' x 60' pier with 155' x 15' walkway; 100' x 40' bazge with double gangway and ramping system,timber dolphin, 1880 sf of floating docks, 3 gangways, 60' x 40' terminal building and 203 pazking spaces for commercial boat services. He explained that the application proposed 203 pazking spaces,but had been downscaled to under 200 spaces with possibly fiuther reduction due to site drainage and design changes to conforin to DEP Stormwater Management Policy. He also added that the water and sewer connections for the terminal building would tie into the municipal system. At the close of the presentation,the Department received oral tesdmony from those present who wished to speak. Peter Paskowski, City Counselor, spoke supporting the project and explained that the planning department was in the process of studying the potential impact of traffic on the neighborhood. Steve Dibble and Paul Orr from the Salem Conservation Commission spoke addressing the Notice of Intent that was presendy before the Commission They explained that the Commission had recendy sent a letter to Goldeneye Corporation requesting further information. Theu request included questions on topography and grading, impact of boat wakes; .m Waterways Applioation No. W99-9152 Amended Written Determination Page 3 stormwater management issues, curbing issues, dust control, fizeling, and implementation of BMPs. Many local residents from the azea also spoke. Their main concerns centered around the potential increase in h�affic along Derby Street and White Street,how this project was going to affect the City of Sa1em's proposal under the Salem Hazbor Plan to obtain this site for the new Salem Wharf and asked that the project parameters be defined to address how many and what kind of boats and services were going to be located on site and what, if any, impact would they have on nauiga6on. In a letter,dated April 1, 1999, the Department asked the proponents to provide further information regazding the number of,vessels that would be utilizing the site,the services that would be provided,the riumber of trips each vessel would be taking, the average size of the vessels;and proposed uses witlun the ferry ternunai building. Robert Blair,of Goldeneye Corporation,responded to questions by stating that he has.been involved with the development of the proposed Salem Wharf since iYs conception and supports: the revitalization initiative of the hazbor. He believes that the Blaney Street site is an ideal . location to provide the community and tourist trade access to ferry services, whale watches and . hazbor tours. He proposed this concept as an"interim step", since the Salem Hazbor Plans' schedule for development was dependent on the acceptance of the plan by the Secretary of Environmental Affairs, funding availability and resolution of any outstanding issues. He explained that he has;been in negotiations with the City relative to the potential development of � the Blaney Street site in accordance with the Salem Hazbor Plan. Robert Blair responded to the request for information on Apri16, 1999. In lus letter he indicated . that the facility would potentially support a Salem-Boston Ferry Service with 4 daily round trips, a hazbor excursion service which would run on an hourly basis, whale watch tours offering 2-3 trips a day and regional ferry services with connections to Provincetown,Nantucket, Gloucester,Manchester and Mazblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels,naval vessels and cruise ship support. Mr. Blair explained that not all of the vessel services would be operational far the first season, but would exist on some level by the second season. The average vessels size would range beriveen 100-120 8. with capacity averaging 149-220 passengers. He stated that the facility as designed would not interfere with ships turning in the Sa1em Hazbor Station power plants' basin. To follow up on the navigation issues the Department contacted William Whooley, Salem Hazbormaster on March 31, 1999. In the opinion of Mr. Whooley the proposed vessels would be able to safely navigate in the channel with other boat traffic and that the facility, as proposed, would be able to support the four large vessels. The ferry terminal building would consist of a 40' x 60' modular building supported on temporary"sonotube"foundation pillazs. The building would provide ticketing services,public rest rooms,.storage and concession sales. �s Waterways Application No. W99-9152 Amended Written Determination Page 4 Mr. Blair further explained that the proposed pazking azea would be kept as a gravel surFace � while azeas of high traffic and handicap spaces would be paved. Lighting would be provided on site as well as appropriate signage directing pedesh-ian flow via the Blaney Street entrance. Currently the White Street entrance is fenced off to prevent vehicles from entering the facility from that street. Mr. Blair contends that this entrance would only be used on a restricted basis. At the request of the City of Salem and the Applicant,Goldeneye Corporation, the Department is issuing an Amended Written Determination to reflect the down-sizing of the project from that originally proposed. Following the Applicant attended another public meeting hosted by the City of Salem. The Salem ConservaHon Commission issued an Amended Order of Conditions on January 27�',2000 reflecting this change and the ' Applicant submitted new plans to the Department on February 8`�,2000,illustrating the new ramps, floats and pier contiguration and layouk ° D)Ottier Approvals _ . . . . . k . . . . The Sa1em Conservation Commission issued an Order of Conditions on July 9`", 1999, amended July 22"d, 1999 and amended Januaty 27'",2000, conditionally approving the proposed project . (DEP File No. 64-29� V. DEPARTMENT'S AMENDED DETERMINATION PURSUANT TO CHAPTER 91 On the basis of the foregoing analysis,the Department will approve the proposed structures and uses described herein, (hereinafter the"draft license plans"). This amended determinaUon is made subject to the following specia7 conditions to be carried out by the Applicant(hereinafter the"Licensee"). T'hese conditions will be included, in substantially the form provided below, with the prospective Chapter 91 Waterways license to be issued pursuant hereto along with the standard license conditions. Special Condition#1: The Licensee shall construct and maintain,in good repair,a pedestrian walkway as described and located on sheet 1 of 4 and 2 of 4 of the draft license plans. Said walkway shall be a minimum of 8 feet wide, consist of crushed stone or other durable material,made available to the public for all lawful activities 24 hours per day and commence immediately upon issuacice of a license pursuant hereto. Special Condirion#2: The Licensee shall impose no limitations on the hours oc availability or the scope of acuviry provided in this license. No gates,fences or other structures which impede or discourage the free flow of pedestrian movement may be placed in any azea open to the public access. The Licensee may adopt rules governing the publicly accessible azeas of the site,subject to prior review and written approyal by the Deparhnent,as aze necessary for the protection of the public health and safety and private property,and to ensure public use and ' enjoyment by minimizing conflicts between user groups. No aznendment to said rules shall be made without prior written approval by the Deparhnent. Special Condition#3:The Licensee shall place and maintain,in good repair,a public access sign at the entrance to the facility. Said signs,provided by the Deparhnent,shall be posted immediately upon receipt. Nothing in this wnditions shall be construed as preventing the Licensee from excluding ihe public from portions of said structure or property not intended for lateral passage. ,� Waterways Application No. W99-9152 Amended Written Determination Page 5 Special Condition#4i Any lighting to be located in the pazking azea,along the public accessway,on buildings or on any other shvctures licensed herein,shall be designed and placed so as to be unintrusive to the neighboring residenrial azea and to minimize potential interference with navigarion upon the adjacent watersheet during the evening hours. Special Condition#5:Within 60 days of the completion of this project,but in no event later than five years from the date of license issuance,or any extension thereof,the applicant shall request in writing that the Department issue a certificate of compliance. The request shall be accompanied by a certification by a registered professional engineer license to do business in ihe Commo�wealth that the project was completed according to the plans,specifications, and conditions of the license. The Department may conduct a site inspecGon at any time to determine compliance prior or subsequent to issuing a certificate. The Depaztrnent may issue a partial certificate of compliance foc a portion of a project if all public benefiu associated with such portion have also been provided. Special Condition#6:The Licensee shall place and maintain appropriate warning devises or other forms of navigational aids, such as lighting as approved or required by the Haibormaster or Coast Guazd. _ Special Condi6on#7:The Departrnent holds the right to impose revisions or additional conditions to this license in order to alleviate any significant nay.igational concerns. Special Condirion#8:The LicenSae shall prepare a management plan for dust and material coqtrol within the project site. Said plan shall be submitted and reviewed by the Department prior to the issuance of.a fmal license: Special Condition#9:The Licensee shall prepaze a detailed description and site location plamfor tfie conveyance and storage of any petroleum producu including a list of inethods and equipment to be used for containment and , clean-up of any petroleum fuels accidentally discharged into the water,including minor spills during routine operations. Said plan shall be submitted to the Departrnent prior to the issuance of a final license. Special Condirion#10: The Amended Written Determination issued hereto,shall remain valid for up to one yeaz aRer issuance unless superceded by the final license. Said term may be extended for one or more than one yeaz, provided that the Applicant submit to the Department,thirty(30)days prior to the expiration of said term a written request to extend the term and provides an adequate justification for said extension. Special Condition#l l: The license to be issued pursuant hereto shall expire five years from the date of license issuance. By written request of the Licensee for an amendment,the Deparhnent may grant a renewal for a term of years not to exceed that authorized by the original license. VII. NOTICE OF APPEAL RIGHTS: A)Appeal Rights and Time Limits This amended determination is an action of the Deparhnent. If ypu are aggrieved by this action, and meet the criteria of 310 CMR 9.1'7,you may request an adjudicatory heazing. A request for a hearing must be made in wri6ng and poshnazked within twenty-one (21)days for the date this amended detennination was issued. ,,� �� Waterways Application No. W99-9152 Amended Written Determination Page 6 B Contents of Hearin Re uest ) Under 310 CMR 1.01(6)(b),the request must state cleazly the facts that aze the ground for the request, and relief sought. Additionally,the request must state why the amended detemunation is inconsistent with applicable laws and regulations. In addition,pursuant to 310 CMR 9.17(3);any nodce of claim for an adjudicatory hearing must , include the following informarion: the DEP Waterways Application File Number, name of the applicant and address of the project;the complete name, address,and telephone number of the party filing the request and, if represented by counsel,the name, address and telephone number of the attomey and,if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition of"aggrieved person" found in section 9.G2; a cleaz statement that a formal adjudicatory hearing is being requested; a cleaz and concise statement of the ' specific objections to the DepartmenYs amended written determination, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final amended written detemunation; and a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. ,C)Filing Fee and Address � � `i'h hearing request along with a valid check payable to the Commonwealtli of AQassachusetts in the amount�of one hundred dollazs ($100.00)must be mailed ta Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston,MA 02211 At the same time,pursuant to 310 CMR 9.17, copies of the appeal shall be sent by certified mail or hand delivery to th� applicant, any other parties to this proceeding, and municipal officials of the town where the project is located. T'he request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. D)Exceptions The filing fee isn't required if the appellant is a town or municipal agency,county, or district of the Commonwealth, or a municipal housing authority. .,, E) Waiver The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee wi11 create an undue financial hazdship. A person seeking a waiver must file, together with the hearing request as provided above, an�davit setting forth the facts believed to support the claim of undue financial hardship I THIS AMENDED DETERMINATION IS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ON THE �t� � DAY OF /��r�Q-'"y ' O CJ ames A. Sprague Section Chief Wedands and WaYerways Program � • ,p i N W � A G� � ��100' BUFFER ZONE r � C 0 Z O � EXISTING PAVEMENT BOUNDARY � �GETATED SWALE DISCHARGE �'T� � D � v z TO BE REMOVED 10'x20' FLOAT " - � - � � m cn / MHW � � LOW WATER OR '19-6�9$._ � Z N D Z � 50'x5� GANGWAY � - � � � Z � n REUSE EXISTING F0011NrG v � D � � n . / .�� -- - � � - - - - . {mN � � 2' n � �- ''----- . " " � � _ � �O D„ ; ;- , - 8'x40' LOW FREEBOARD PONTOOW FLOAT x D? X � �� , . . n � � � A Z i „�,' ' . O2 > D � ' . '' _ .. .. , _ _ - .. Z � � m O v- - - - - - � �C �f � , , , ' ; , � EXISTING FlOATS � Z m � Z m PROPOSED ,6-,, $ � - � .- . .. TO BE REMOVED � --i PAVEMENT N m- 0 � � , , 10'x40'z5'.FlOATS m � D A Z . � p� ', , . ` 8'x134' GANGW Y � � D G� Z � ''y��. ", , \'---�--- ,� � � 3 2D r- D � � ' , FIXEO PIER � f+11E5 o _� � '�� CONCRETE ABUTMENT n " \ 10'x40k5' ELOATS A � _ -Y - -- - _ _ = - � � , -- - - ' ` -- '� ---�'"� � EXISTING PAVEMENT TO BE REMOVED --'- _--- _-- -�� ' _ __.______'____"'_ A . . . • , ... . ( -' "�� ' � El(ISTINC PAVEMENT TO REMAtN . � 4 PLACED ARMOR STONE / ON OUTER CORNER � pROPO$D PAVEMENT (WORK TO BE COMPLETED � �' � BY MAY, 2000) � ST�IE DUST � m - � �`— — �� UMITS OP PARKINC - ' \ - __ �-�� SALEM � � �./ � . . . �— �lF, � / - — — — — — — — — _� / � � 0 n ' h y + � D � � F MATCHUNE SEE SHEET 2 co C m z z. S- �F �� a ��'��iFy � mz � �s �n-- SITE PLAN - PHASE ti H �o i o , �� - SCAIE: 1" = 60'-0. � ip � ; � A n O • -la� �N . � . � p �Y w p m A O .. S113S. ' z ., 'tp,"' N z o P "q � -1 0 -...— _ .. --�- I m z` � _ __ . _ � � �� !�"��v � N/F NEW ENGLAND POWER CO. a'xaa' rRni�ER . , ZOMF At - . , , . '; e�.�ii.o � � .� 100' BUFFER ZONE BOUNDARY 2' WIDE SWALE i � � � ie �' � — �' � -- — _� __,.�.--• —'—�'�'�,.; I , / . _._--.�—' � a`�° / _.,-- --- � �, II �/ a� .— —°---" � 5 � .�. ! 5113 � �. I ,_ i � �I �. . ,,,12"� � �'-� �-- -- -- _-----'. . ..........._- - ......- .'." - . . .. . --� � - / , - _ '_ �� . ..... � ... ,� o _,, .. . ; -. , " FFT�OSED PAVEAlElIT f ;.�� ,ry' . � .,, .. ., �.. � . . _ . _ `` .. .. �f .. . . � _/ , � ". ". . , ._; - ., .. . . . .� .. — � " j �- "" 'J.NdITS OF PAitK11iG -------- �� ` un�aseo .,am _ �� TR£NCW � -- - - __ --- .. - � � {Y, . ( ' ' � ` �`` ' h' � " �_'_��" __ - __ " " " - _ -__� _'-""2 ., . .. . , . � ` , . % . - - ' ' _ A " 3 STREET ' � \. ----- ' -- — _,-- --- S � � �- •��.�, ' � ti ARMOR STONE — --- - -------------<-- ( ,` ; ` � ' ; ' ^° � � 8' NADE SIDEWA�K d 1 ' y 1 � � � ; ' � I ' 2' WI�E �WALE � ; I � �� . ----r_ ; . , �.___ , ---__ , � . i -, ' ' --- , .--� , , � '�� . . . . , ._.) , � . . ------ - -- � -----6.:i-- � � � � � � � � �f ! � , , � . �. ', � , , . . � � �.' -------- � .. � � �� / - - - - y �f STREET VEGETAT�O SWALE DISCHARGE «yi, � " � MATCM UPIE SEE \ _ _, , ZO►x v� SHEET 1 : � TIMBER BOAIPDWALK WITH HANDRAILS Eu+ia.a � OVER DRAINAGE SWALE � � � SITE PLAN — PHASE II �A N/F HAWTWC)RNE COVE M;4R1NA INC. \..'� � z �� . ' . ' t . . . � �K M - SCALE: 1� � 60'-O' . i� � , .o 16'x10' FIXED PIER P�� PROPOSED 8'x134' GANGWAY '1fl'x4Qx5; F�OATS Y HTL+5.83 MHw+4 $� . - „ ,,,. . ,,' ''� JNLW -4.15 EXISTING RIPRAP - , COAICRETE ABUTMENT _ EL. -1415 � PIER / FLOAT ELEVATION Exrsriac cRnoE 3 SCALE: NTS FENCE � - � - 18' WIDE STONE DUST WALKWAY � � � VEGETATED SWALE � EXISTING GRADE . EXIS'NNG UNDER LAYER STONE � � , � w�N. �� . . .. EL. +1 O O+ � FINlSH GRADE � I ; e;: GRAVEL BASE � . T MHW +4.83 _ ` i� � SECTION �a o ` ` 3 HORIZ. SCALE: 1" = Qp'-p' . VERT. SCA�E: 1" : 70'-0' � MLW -4.15 � - � -FlNISH GRADE � - - EXISTING STONE WALL GRAVEL BASE WA KWAY C ` SE D TAIL�q EXtBTfNG Gf4ADE I E�L. +tO.Ot / /�' EXISTING GRADE � B VEGETAT �tq / - �� '' e �s 4 SEE D TAI / 0 9 �� r� SECTION / _ . � ,.. � �9 ;{e �_ . 3 NGVD +0 0 i `' y�� H�i1Z. SCALE: 1' = 20'-U� � �RL SCALE: 1" = 10'-0' S 'MLW 4�5 > � EXISTING GRADE p _ �l. +10.Ot . _ __.. 4 VEGETATED SLOPE P4ACED ARMOR S70NE-(1000� MIN) FlNISH GRAOE � � �., 3.2' � MHW +4.83 --.�,..._Y � �L - - RENO�E CONCRETE S�ABS/STONESJ �,.. � . �f �I , PRIOR TO i1lTER FABRIC INSTALLARON. �' � � � } acw +o.o flLl IRREGULAR SLOPE klTM J �'<-f EXISTNG GRADE J STONE FILL PRfOR TO MLW -4.15 PIACEMENT OF FI��R FaeRIC � VEGETATEO SYV,9LE — SECTION ' 12" OF UNDERLAYER 8� j STONE � FlITER FABRIC 4 SCA�E: 3/8" . 1'-p" �, TYPtCAL SECT4f)A! a HqiIZ. SCALE: 7" '= 20'-0� 6�-$�� VER7. SCALE: 1' = 18`-b' SPACED BORDER STONE RECONSTRUCT TOP Of SLOPE . ,. ..r_, . . (2� DIA. MAX) . . � . � — EL. +10.Ot L EklS+TINGUCRADE EXISTING SHORELINE PRdTECTION e WALKWAY ,� c TOP OF SWALE 4 EL. +10.St , SCALE: 3/16" = i'-0" \ El. +9.75t BOTT�i OF SWALE �H 4 � EXISTING SHORELINE e,�Y;N r�;'r�Y;�Y;�Y;N r� PROTECTION :� k� k �Y n�-O'Y.i � . � � �` . . . � � � BARRIER � � ' (TO ACT AS WEIR) x o^�'� �' n c. L2� �RYIABLE GRAVEL . � � �� _ �� MATERIAL � N � � P� �� VEGETATED S��LE — ELEVATi4N ;,,., __ ' � ;��aB ` �g 4 SCALE: 3/8" = 1'-0" ' P • O � '�0� CITY OF SALEM � � � �s Harbormaste�RECEi�u�ED 51 Winter Island Rd. �3�.r..°.�� Salem, MA 01970 �� r , �� s;'i �� WILLIAM J.WHOLLEY HARBORMASTER ��II��N N�'�JCC�� February 7, 2000 Canse:vatic�n Ccmmissior. One Salem Green Salem, MA 01970 Attention: Mark George, Chairman Dear Mark, I have reviewed the plans submitted by Golden Eye. At this time, I have no problems with the site plan for Blaney St. ferry landing. Sincerely, U/,,�.��,�� GG�h�v William J. olle�y��—�� Harbo aster � ,:. r .. "_ _ .. . � �� 310 CMR 10. 99 - DEP File Mo. 64 -z95 � (To be provitled by DEP) ' � Form 5 cicy/Tour� Salem . µplicant Goldenye Corp, Conmionwealth ' of Massachusetts � " Amended 7/22/99 Order o£ Conditions Massachuetts Wetlands Protection Act G.L. c . 131, 440 From Salem Conservation Commission Issuing Authority To C;�lAana�p C'nr�.,ra+-;.,,. Same (Name of Applicant) (Name of property owner) Address 4 Blaney Street, Salem Address ��•�This Order is issued and delivered as follows: � � by hand� delivery to aoplicant or representative on Ju1y 9, 1999 (date) � ❑ by certified mail, recurn receipc requesced on � (date). This projecc is locaced ac 4 Blanev Street The propercy is recorded at che Registry of Essex Book 14792 . page -59 Certificate (i: registeredl The Notice of Intent for this project was filed �on 5�17�99 (date) The public hearing was closed on 5/27/99 (date) � Findings The COtM115SlOri has revieued the ebove-referenced Notice of Intent end plans and has held a public hearing on the project. Based on the information available ta the CoI[Lmissiott at this time, the COmmlSsion has determined that Lhe area on which the proposed uork is to be done is significxn[ to tAe follouing interescs in accordance uith the Presurptions of Significance set torth in the reg�letions for each Area Subject to Protection Under the Act (check as appropriate): , � Public water supply � Flood Control � Land containing shelltish PrivaLe water supply Storm damage preven[ion FiSheries Gramd water supply Prevention ot pollution Proteciion of Uildlife Nabitat 0 0 Total Filinq fee Suhnitted State Share (1/2 fee in excess of E25) Ciiy/Town Shere 0 (WA7VFD1 Toial Refund Due S ' City/Toun Portion E State Portioni � (1/2 total) (1/2 total> £fEective 11/10/B9 � 5-1 . .' , ., � � Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth ir. the ' regulations, tc protecc those incerests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intenc referenced above. To the extent that the following conditions modify o: differ from the plans, specifications or other proposals �� submi[ted with the Notice of Intent, the conditions shall control. General Conditions � � 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. . 3. This Order does not relieve the permittee or any other person �of the � necessity of complying with all other appl.icable federal, state or local . stacutes, ordinances, by-laws 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) ehe 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 and both that date and the special circumstances warranting the excended time period are set forth in this Order. S. This Order may be extended by the issuing authority for one or more per:ods of up to three years each upon application to the issuing authority ac least 3o days prior to che expiration date of the Order. 6 . Any � i11 used in conneccion wieh this project shall bc, clean fi11, concaining no trash, refuse, rubbish or debris, including but r.oc limited to lumber, bzicks, plascer, wire, lach, paper, cardboard, pipe, �[ires, ashes, refrigeracors, mo[or vehicles or pares of any of the foregoing. 7. No work shall be undercaken un�il all adminiscracive appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final order has been recorded in che Registry o: Deeds or the Land Courc for the district in which the land is located, wichin 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 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 to be done. The recording informatin shall be submitted to the ['omm;cG;n� on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, ��Massachusetts Department of Environmental Protection, File Number 64-Z95 10. Whe-e the Department of Environmental Protection is requested to make a . determination and to issue a Supersedina Order, the Conserva[ion - Commission shall be a parcy to a11 agency proceedings and hearings before the Deoartment. - c_Z •� � il. Upon completion of the work described herein, the apolicant �hall fortrwith reauest in writing :hat a Cerci'_icace of Compliance be issued scating tha; the work has been satis:ac[orily comoleced. 12. The work shall conform to the followina plans and special conditions : Plans: Title Dated Signed and Stamned by: On File with: Salem Ferry Terminal S/26/99 Danni C:onlPr c r r Sheets 4 of 4 ' Salem Ferry an ic�ng- F�ase �— Site Plan Sheet 2of4 5/�Riaa Ronald R. Boy��e s.c.c. Special Conditions (Use additional paper if necessary) See Attached. 7/22/99 Amendment- No greater than. 6 screw driven spud piles shall beapermitted to be temporarily installed per plan. All spud piles shall be removed prior to December 1, 1999. (Leave Soace Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-3n � Issued By al m � i Conservation Commission 1 ' Signature ( ) � (/� ` � This Order must �e signed by a majority of the Conservation Commission. On this 27rh day. of Ma , 19 g_4 , before me personally appeared the above mentioned , to me known to be the . . person described in and who executed the foregoing instrument and acknowledged� that he/she execu d t e e as his/her free acc and. deed. . S7EPFIEN bIBBLE Db�ry PubGc IArConM�tSsien Fiaiies NoJ.12,2004 No ary P lic My commission expires he applicant, the ouner, any person agrrieved by this Order, any o�ner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or coun in uhich such laM is locaced, are hereby rctified of their right to request the Departmenc of Envirorvnental ProTeccion to issue a Superseding � Order, providing the requesc is made by certified mail or hand delivery to the Deparcmenc, uith che appropriate filing fee end fee Transmitcal Form as provided in 370 CnR 10.03(7), �ithin ten days from the date of issuance of this determination. A copy of the request shall at che same cime be senc by cercified mail ar hand delivery to the Conservacion Comnission and the appLicant. . Detech m dotted lire and s�nit to the CORIm1S510n prior to cam�encement of uork. ............................................................................................................ To Issuing Authority Please be advised that the Order of Conditions for the proje[t at File Xurber . has been recorded at the Regiscry of . a^d hes been noted in the chain of title of the aifected property in accordance uith General Condician B on ,19 If recorded land, che instrunent nurber uhich identifies this transection is If registered land, the docunent nurber uhich identifies this transaction is Signature Applicant� 5-4F'. Salem Conservation Commission ' SPECIAL CONDITIONS—DEP FILE#64-295,Address: Blaney Street I. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the ri�ht to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act, and 310 CMR 10.00,and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agen[,or DEP determines tha[any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40, and Wedands Regulations i 10 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice ` of Intent and accompanying plans. These obli�ations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of Ihe issuance if no request for appeal has been filed with the Department of Emironmental Protection. This form shall be retumed to the Commission within 21 days of recordin�accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencin„ a sign shall be displayed showin�DEP file#64-29�,and not placed on a living tree. 6. The term"ApplicanP'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, supportin�documents and this Order of Conditions. The Commission shall be notified in writing within 30 days oFall transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. I[ is Ihe responsibility ofthe applicant[o procure all other applicable federal,s[a[e and local permi[s and approvals associated with this project. These permits may include but are not necessarily limited to the fol lowing: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-SOQ 86 staC 816), U.S. Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 2l of[he Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 1 I. All work shall be perf'ormed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 12. If any chan�es are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regula[ions under G.L. Ch. 131, Section 4Q Ihe applicant shall inquire from this Commission in writin„prior to their implementation in the field, whether the change(s) is significant enou�h to require the filing of a new Notice of Intent. Any error in the � plans or information submitted by the applicant shall be considered changes and the above procedures shall be . followed. A copy of such request shall at the same time be sent to the Deparhnent of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been , issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of ,. Conditions. 14. Conditions number G�5 i%��ca�a� hall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be referre to in all future deeds to this property. PRIOR TO CONSTRUCTION I5. Prior ro commencement of any activity on this site,there shall be a PRECONSTRUCT[ON MEETING benveen the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meetin�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 drawin�s. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meetin�. 17. Prior to[he commencement of any activiry on[his site,[he applicant or curzen[landowner shall submit to the Commission in writin�a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or Fla�s and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, stora�e of machinery or materials, s[ockpiling of soil or construction activity is to occur beyond this line at any[ime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction ac[ivity shall be Flagged with surveyor's tape and shall remain in place during construction. The limi[s of areas to be impacted and the limits of work in the replication area(s)shall be clearty flagged. 20. There shall be(XXX)hay bales and (XXX)wooden staked s[ored under cover on [he si[e to be used only for emer�ency erosion wntrol. EROSION CONTROL 2l. Appropriace erosion control devices shall be in place prior to the beginnin�of any phases of construction,and shall be maintained durin�construction in the wedand areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris, fill and excavated material shall be stockpiled a loca[ion far enough away from the wetland resource areas[o prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each s[orm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stalile condition at the close of each construction day. 25. Any de-waterin�of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. � 26. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the � completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,usin� sufficient rop soil to assure long-term stabilization of disturbed areas. 27. If soils are ro be disNrbed for longer[han two months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans, and copies of the documents and reports cited in Condition# I 1,shall be on the site upon commencemen[and durin�any site work for contractors to view and adhere to. 29. Erosion and sedimentation controi devices shall be inspected afrer each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barciers shall be removed 30. Only clean fill,free of masonry, stumps, asphalt, and any other kind of waste material shall be used on the site. ;I. All waste products,grubbed stumps,slash, construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Deparhnent. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto, unless specified in this Order of Conditions. 3�. There shall be no pumping of water from weNand resource areas. 36. Durin�construction, all draina�e structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence, hayblae barriers and/or silt bags to filter silt from stormwater before it enrers the draina�e system. 38. The projec[shall not cause an increase in rumoff onto adjacent properties, either during constructfon or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including but not limited to, civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTIOIV 40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All dismrbed areas will be�raded, loamed, and seeded prior to November 1 of each year, if possible. No dismrbed areas or stockpiled material will be left unpratected or without erosion controls during the winter. 41. Upon completion of construction, the applicant or current landowner shall submit the followin�to the Commission to request a Certificate of Compliance: (I) A letter requesting a Certifiwte includin�the following information: a. Name and address of current landowner, h • , �• • b. Name and address of the individuaVtrust or other entity to whom the Certificate is to be issued: � a Street address and lot number for the project,and d. DEP file number (2) A letter from a Regis[ered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-BuiIP'plan signed and stamped by a Registered Professional Engineer showing post-construction . conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replica[ed areas; and � c. Distances to all structures within 100 Feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the ori�inal plans and conditions,the report must specify how the work differs;at which time the applicant shall firs[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. 44. Erosion con[rol devices shall remain in place and properly func[ionin�until aIl exposed soils have been stabilized wi[h final vegetative cover and the Commission ancUor i[s Administrator has authorized their removal. 45. The followin�condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall � be recorded as such on the Certificate of Compliance and in all fu[ure deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource are. 47. Herbicides shall not be applied within 100 feet of the wedand. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Southerly corner of placement of final course of armament stone on bank shall be completed in 1999. The pedestrian walkway shall be extended to White Street. Installation of drainage swale and walkway shall be permitted to commence on November l5, 1999 and shall be fully completed prior to the start of the 2000 season. ' S0. Trash barrels shall have dome covers with doors or equivalent litter preventin�design, and debris,dumpster, and lynnpak shall be contained and mana�ed on site by operatoc 51. Stormwater plans and drainage calculations shall be approved by City En�ineer in writin�with copy forwarded to Salem Conservation Commission prior to start of any work. �2. Contingency plan for fueling shall be approved by Salem Conservation Commission, Salem Fire Department, and Coast Guard prior to any fuelin�operations taking place. � ^�+ � Bourne Consulting Engineering � � �(�_,(./ � � � /84 West Central�Street - Ronald R.Bourne; P.E. -President Frpnklin, MA 02038 _ ' January 14, 2000 . Goldeneye Corporation 4 Blaney Streef Salem, MA 01970323 Attn: Robert E. Blair Re: Conservation Commission Submittal (BCE 98204) Subj.: Resubmission and Plan Modifications Dear Bob: Bourne Consulting Engineering is submitting to you two copies of the May 24,_1999 letter that was sent - - to the Salem Conservation Commission regarding drainage and other various concerns they had at the time. .We are currently making these modifications.to the plan as discussed on January 14, 2000. This revised plan will be for.warded to you early next week. ', With regards to the Conservation Commissions concern for permeability tests on the site;there is no need to perform these tests. The site drainage is noYa recharge type system, that requires infiltration into tlie soil, but simply one that allows surface runoff. The site-currently utilizes surface runoff. .The pioposed , system continues this,:but incorporaYes some of the Best Management Ptactices of th8 Stormwafer- Management hand600k published-by the Department of Environmental 'Protection. These practices, tl�e swale, weic and forbay will provide a signiScant reducYion (85%) of the"suspended s'olids over the current situation: � . We hope that this is satisfactory for your needs. Should you. have aiay questions or need furthe,r � � � information please do not hesitate to con,tact us. � � � � � � � � � � Very�tr'u�ly yours, ' � . - - � . � � ,BOj„�KPI�L�'CONSULTING ENGINEERiNC � - � � . � . . . . . . . � 1 � . � , � � � � �... .�. J ; �F j✓. l %' �;�% � ` Danni R. Goulet,PE ' Project Management Enclosure - k Tel. (508)528-8133 •Fax (508)520-6671 •e-mail: bce@bournece.com i Goldeneye Corporation 4 Blaney Street Salem, Massachusetts 01970 USA Mark George, Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Mr. George: Goldeneye has reached an agreement with the City of Salem to change its proposed pier construction project, previously presented to the Commission as "Phase Two" � of work to be undertaken at the Blaney St. site. T'his change eliminates the planned construction of a wooden pier and replaces it with a pile anchored set of floats and an extended ramp system. The work would be performed according to the enclosed site plan and retains all previously agreed BMP's. Goldeneye therefore requests the appropriate amendments to our existing Order of Conditions issued to file DEP 64-295 so that this plan may proceed forward. The issuance of the amended Order of Conditions and the revised plan will become. the basis for our new MGL Chapter 91 License. , We look forwazd to being placed on your Jan. 13, 2000 agenda and attending that meeting to answer any questions. . Best regards for the New Year. � Bob Blair Phone: (978) 744-3800 Falc: (978) 740-6771 - , ' � � COMMONWEALTH OF MASSACHLJSETTS EXECUTIVE OFF��a2V�NMENTAL AFFAIRS ; DEPARTMENT � b NTAL PROTECTION 205A Loweil St., �ilm,i 0 �87 (9 661•7600 � � . ;' ;�'°�'� �� 8� 1�� ARGEO PAUL CELLUCCI SALEd'�I � . ...Govemor � _ '. PWI�r��R�la L�.��T . . - BOBDc�D - IANE SWIFI' - LAUREP7 A.LISS Lieutenant Govemor � � Commissioner . SEP 2 � 1999 Goldeney Corporation c/o Boume Consulting Engineering 184 West Central Street Franklin, MA 02038 i RE: Chapter 91 Written Determination - _ Waterways License Application No. W99-9152 _ . Salem Harbor in Salem, MA .._. . _. Dear Sir(s): I am pleased to enclose the Written Determination,pursuant to M.G.L. c.91, sec.18, for the referenced project. This Written Determination has a twenty-one (21) day appeal period from the date of issuance. Please review Section VII of the Written Detemunation, "Notice of Appeal Rights", for who may appeal and how such an appeal must be filed. The Waterways License for the project can be issued upon completion of the appeal period, assuming no appeal is filed. If you have any questions,please contact Jill E. Provencal at (978) 661-7'778. cerely, es . Spr—agu G , ��— Section Chief Wetlands and Waterways Program cc: Robert Blair, c/o Goldeneye Corporation,4 Blaney Street, Salem, MA 01970 Lois Bruinooge,DEPBoston, 1 Winter St�eet, 6"'Floor, Boston,MA 02108 Crregory Carrafiello, DEPBoston, 1,Winter Street, 6�'Floor, Boston, MA 02108 Salem Mayor and City Council, City Hall, Salem,MA 01970 Salem Conservation Commission, City Hall, Salem, MA 01970 . Thia intormation u awilable in alhmah format by nlling our ADA CoordinaMr et(61n 374-6872. � ' 205A LowNl St Wilmington,MA 07887 • Phane(978)881Afi00 • Fax(9�8)681-7615 • TTp#(978)E61-7879 . . � LJ P��leO on RecyGed Paper . Brian Valiton, ACOE, Regulatory Division, 696 Vuginia Rd, Concord, MA 01742 Peter D. Colosi, c/o NOAA, One Backburn Drive, Gloucester, MA 01930 Walter B. Power; Salem Planning Boazd, City Hall, Salem, MA 01970 Salem,Zoning Board, Ciry Hall, Salem, MA 01970 William Whooley, Hazbormaster, Winter Island, Salem,MA 01970 , Peter Victory, 8 Lee Street;Salem, MA 01970 Heidi Milman, 109 Derby Street, Salem, MA 01970 I{ristine J. Cheetham, 50 Webb Street, Salem, MA 01970 John and Jessica Arena, 6 White Street, Unit 2, Salem, MA 01970 Russell Vickers, c/o Hawthorne Cove Marina, 10 White Street, Salem, MA 01970 Carol Naranjo, 6 White Street,Unit#4, Salem, MIA 01970 Michael McLaughlin and Claudie Chuber, 3 White Street, Salem,MA 01970 Delores and Alice Jordan, 97 Derby Street, Salem, MA 01970 David Bystrom,42 Tumer Street, Salem, MA 01970 Douglas Haley, 43 Turner Street, Salem, MA 01970 Richazd Pabick, 35 Winter Island Road, Salem, MA 01970 Atmie Harris, c/o Salem Port Development Corp, 6 Central Street, Salem, MA 01970 - - -Stephen Hultgren, 6 White Street,Unit#5, Salem, MA 01970 II � - Maureen Keefe, 6 White Street, Unit#3, Salem, MA 01970 - _ . :;. ,..•.: . ' Deborah Luskey, 94 Derby Street; Salem, MA 01970 �,.:.'� ,;:; � : Priscilla Lord, 33 Cazlton Street, Salem, MA 01970 - � George Smith, 6 White Street,Unit#5, Salem, MA 019Z0 � � � COMMONWEALTH OF MASSACHUSETTS : EXECUTNE OFFICE OF ENVIRONMENTAL AFFAIRS , DEPARTMENT OF ENVIRONMENTAL PROTECTION ;' Metropolitan Boston - Northeast Regional Office J � ARGEO PAUL CELLUCCI � ' - ' Govemor ' ` BOB DURAND . . . Sec[etary � - � JANE SVYfF1' . - . � . Lieute�n!Govemor - . LAUREN LISS � � Commissioner DIVISION OF WETLANDS AND WATERWAYS WATERWAYS REGULATION PROGRAM DETERNffNATION FOR ISSUANCE OF A WATERWAYS.LICENSE FOR A WATER-DEPENDENT USE OF TIDELANDS - � PURSUANT TO M.G.L. C. 91 AND 310 C.M.R 9.00 I. PROJECT REFERENCE: Goldeneye Corporafion on Filled and Flowed Tidelands of Salem Hazbor, Salem, MA Waterways Application No. W99-9152 I. PROJECT DESCRIPTION: Goldeneye Corporation (hereinafter the"Applicant")requests authoriza6on pursuant to M.G.L. Chapter 91 of 310 CMR 9.00 to construct and maintain a 100' x 60' and a 150'x 5' pile-held piers; a 50'x 5',two 35'x 3'and a 65'x 5' ramps;two 10'x 10' platforms; eight (8) 10'x 20';two (2) 10'x 30', an 8'x 40' and an 8'x 20' floats; a 100'x 40' bazge; one seven pile dolphin cluster; a 203 space parking lot; a 40'x 60' building and to repair an existing seawall. The Department of Environmental Protection Waterways Regulation Program (hereinafter"the Department") has jurisdiction over the proposed project because it constitutes new construction on filled and flowed Commonwealth tidelands of Salem Hazbor. III. DEPARTMENT'S DETERMINATION OF WATER DEPENDENCY: The Department has determined that the use of filled and flowed Commonwealth tidelands within Salem Hazbor for a waterborne transportation facility, such as those serving ferries, cruise ships, commuter and excursion boats, and water shuttles and taxis is considered a water dependent-industrial use pursuant to 310 CMR 9.12(2). The pazking azea has been determined.to be accessory to a water- dependent use pursuant to 310 CMR 9.12(3). T'herefore,the application has been processed as a water-dependent use project. This information is available in alternate format by calling our ADA Coordinator at(61'n 574-6872. 205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fax (978)661-7615 •TDD#(978)661-7679 . . . ��J'PfinteEonRerydedPeper � Waterways Appiication No. W99-9152 Written Determinadon Page 2 IV. DEPARTMENT'S SUMMARY - _ . A) Chapter 91 Licensing History The Department's historical plans and Chapter 91 Waterways licensing records show that four licenses have been issued for activities on the project including: DPW License#s 174, 174a, issued October 25, 1921 and 4548, issued January 16, 1962; and DEP License#4916. These licenses authorize the placement of fill, riprap and the construction of a seawali. Based upon review of this information,the historic high water mark is located at the seawazd end of White and Blaney Streets. B)MEPA Review The proposed project was reviewed under the Massachusetts Environmental Policy Act(MEPA} EOEA File#11860. The Secretary, of Environmental Affairs, issued a Certification on February. 12, 1999 finding that an Environmental Impact Report was not required. .._ . C) Public Notice and Hearing The Department sent notice to the Applicant in accordance with 9.13(1)(a)on January 26, 1999. The Mayor of Salem requested the Depamnent conduct a public hearing on the application pursuant to 9.13(3)(a). A notice was published on Mazch 22, 1999 in the Salem Evening News for the public hearing, which was held on Wednesday, Mazch 24, 1999 at 630 P.M. at One Salem Green in Salem. The public hearing was attended by Salem City Counselor Peter Paskowski, Salem Conservation Commission representatives Paul Orr and Steve Dibble, Robert Blair of Goldeneye Corporation, Ronald Bourne of Bourne Consulting Engineering, members of the public and representarives of the Department. After a brief introducfion by the Departrnent,Mr. Bourne made a short presentation describing the construction of a 100' x 60' pier with 155' x 15' walkway, 100' x 40' bazge with double gangway and ramping.system, timber dolphin, 1880 sf of floating docks, 3 gangways, 60' x 40' terminal building and 203 pazking spaces for commercial boat services. He explained that the application proposed 203 pazking spaces, but had been downscaled to under 200 spaces with possibly further reduction due to site drainage and design changes to conform to DEP Stortnwater Management Policy. He also added that the water and sewer connections for the terminal building would tie into the municipal system. At the ciose of the presentation,the Department received oral tesrimony from those present who wished to speak. Peter Paskowski, City Counselor, spoke supporting the project and explained that the planning department was in the process of studying the potential impact of traffic on the neighborhood. Steve Dibble and Paul Orr from the Salem Conservation Commission spoke addressing the Notice of Intent that was presenfly befote the Commission They explained that the Commission had recently sent a letter to Goldeneye Corporation requesting further information. Their request included questions on topography and grading, impact of boat wakes, Waterways Application No. W99-9152 Written Determination Page 3 stormwater management issues, curbing issues, dust control, fueling, and implementation of - BMPs. Many local residents $om the azea also spoke. T'heu main concerns centered around the potential increase in traffic along Derby Street and White Street,how this project was going to affect the City of Salem's proposal under the Salem Hazbor Plan to obtain this site for the new Salem Wharf and asked that the project parameters be defined to address how many and what kind of boats and services were going to be located on site and what, if any, impact would they have on navigation. In a Ietter, dated April 1, 1999,the Department asked the proponents to provide further information regazding the number of vessels that would be utilizing the site,the services that would be provided,the number of trips each vessel would be taking, the average size of the vessels, and proposed uses within the ferry terminal building. Robert Blair, of Goldeneye Corporation,responded to questions by stating that he has been. _ involved with the development of the proposed Salem Whazf since:iYs conception and supports the revitalization initiative of the harbor.. He believes that the Bianey Street site is an ideal location to provide the commtwity and tourist trade access to ferry services,whale watches and harbor tours. He proposed this concept as an"interim step", since the Salem Hazbor Plans' . schedule for development was dependent on the acceptance of the plan by the Secretary of Environmental Affairs, funding availability and resolution of any outstanding issues. He explained that he has been in negotiations with the City relative to the potential development of the Blaney Street site in accordance with the Salem Harhor Plan. Robert Blair responded to the request for information on April 6, 1999. In his letter he indioated that the facility would potentially support a Salem-Boston Ferry Service with 4 daily round trips, a harbor excursion service which would run on an hourly basis, whale watch tours offering . 2-3 h�ips a day and regional ferry services with connections to Provincetown,Nantuoket, Gloucester, Manchester and Mazblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels,naval vessels and cruise slup support. Mr. Blair explained that not all of the vessel services would be operational for tlie first season, but would exist on some level by the second season. The average vessels size would range between 100-120 ft. with capacity averaging 149-220 passengers. He stated that the facility as ' designed would not interfere with ships turning in the Salem Harbor Station power plants' basin. To follow up on the navigation issues the Department contacted William Whooley, Salem Hatbormaster on March 31, 1999. In the opinion of Mr. Whooley the proposed vessels would be able to safely navigate in the channel with other boat traffic and that the facility,as proposed, would be able to support the four lazge vessels. The ferry terminal building would consist of a 40' x 60' modular building supported on temporary"sonotube" foundation pillazs. The building would provide ticketing services,public rest rooms,storage and concession sales. Waterways Application No. W99-9152 Written DeterminaUon Page 4 ' Mr. Blair fiuther explained that tHe proposed parking azea would be kept as a gravel surface wlule azeas of high tr�c and handicap spaces would be paved. Lighting would be provided on site as well as appropriate signage directing pedeshian flow via the Blaney Street entrance. Currently the White Street entrance is fenced off to prevent vehicles from entering the facility from that street. Mr. Blair contends that this entrance would only be used on a restricted basis. D) Other Approvals The Salem Conservation Commission issued an Order of Conditions on July 9, 1999 conditionally approving the proposed project(DEP File No. 64-295) - - V. DEPARTMENT'S DETERNIINATION PURSUANT TO CHAPTER 91 On the basis of the foregoing analysis,the Department wili approve the proposed.structures and . . uses described herein, (hereinafter the"draft license plans"). This determination is made subject. ` . to the following special conditions to be carried out by the Applicant (hereinafter the . "Licensee"). These conditions will be included, in substantially the form provided below,wiih the prospective Chapter 91 Waterways license to.be issued pursuant hereto along with the standard license conditions. - Special Condition#1:I'he Licensee shall construct and maintain,in good repair,a pedestrian walkway as described and located on sheet 3 of 4 of the draft license plans. Said wallcway shall be a minimum of 8 feet wide,consist of crushed stone or other durable material,made available to the public for all lawful activiries 24 hours per day and commence immediately upon issuance of a license pursuant hereto. Special Condition#2: The Licensee shall impose no limitations on the hours or availability or the scope of activiry provided in this license. No gates,fences or other struchues wtuch impede or discourage the free flow of pedestrian movement may be placed in any azea open to the public access. The Licensee may adopt rules governing the publicly accessible areas of the site,subject to prior review and written approval by ihe Department,as aze necessary for the protection of the public health and safety and private property,and to ensure public use and enjoyment by minimizing conflicu between user groups. No amendment to said rules shall be made without prior written approval by the Depanment. �ecial Condition#3:The Licensee shall place and maintain,in good repair,a public access sign at the entrance to the facility. Said signs,provided by the Deparunent,shall be posted immediately upon receipt. Nothing in this conditions shall be construed as preventing the Licensee from excluding the public from poctions of said structure or property not intended for lateral passage. Special Condition#4:Any lighting to be located in the pazking azea,along the public accessway,on buildings or on any other structures licensed herein,shall be designed and placed so as to be unintrusive to the neighboring residential azea and to minimize potential interference with navigation upon the adjacent watersheet during the evening hours. Waterways Application No. W99-9152 Written Determination Page 5 Special Condifion#5:Within 60 days of the completion of this project,but in no event later than five yeazs from the , .. date of license issuance,or any extension thereof,the applicant shall request in writing that the Depatronent issue a certiScate of compliance. The request shall be accompanied by a certificadon by a registered professional engineer license to do business in the Commonwealth that the project was completed according to the plans,specifications, and condirions of the license. The Deparhnent may conduct a site inspecrion at any time to determine compGance prior or subsequent to issuing a certificate. The Deparnnrnt may issue a partial certificate of comptiance for a portion of a project if all public benefiu associated with such portion have also been provided. Special Condition#6: T'he Licensee shalt place and maintain appropriate waming devises or offier forms of navigational aids,such as lighting as approved or required by the Hazbormaster or Coast Guazd. � Special Condition#7:The Depar�ent holds the right to impose revisions or addiuonal conditions to this license in order to alleviate any significant navigational concems. ' Special Condition#8: The Licensee shall prepaze a management plan for dust and material contol within the project site. Said plan shalI be submitted and reviewed by the Department prior to the issuance of a finallicense. Special Condition#9:The Licensee shall prepare a detailed descriprion and site locarion plan for the conveyance and storage of any peholeum products including a list of inethods and equipment to be used for containment and clean-up of any petroletim fuels accidentally dischazged into ttle water,including mmor spills during routine • opererions. Said plan shall be submitted to the DepazUnent prior to the issuance of a final.license. Special Condirion#10:The Written Determination issued hereto,shall remain valid for up to one yeaz after issuance . unless superceded by the final license. Said term may be e�ctended for one ot more than one yeaz,provided that the Applicant submit to the Departrnent,thirty(30)days prior to the expiration of said term a written request to extend the te[m and provides an adequate justificarion for said extension. Special Condition#11:The license to be issued pursuant hereto shall expire five years from the date of license issuance. By written request of the Licensee for an amendment,the Deparmient may�ant a renewal for a term of years not to exceed that authorized by the original license. VII. NOTICE OF APPEAL RIGHTS: A) Appeal Rights and Time Limits This determination is an action of the Department. If you aze aggrieved by this action, and meet the criteria of 310 CMR 9.17,you may request an adjudicatory hearing. A request for a hearing must be made in writing and postmazked within twenty-one (21) days for the date this determina6on was issued. B) Contents of HearinQ Request Under 310 CMR 1.01(6)(b),the request must state clearly the facts which aze the ground for the request, and relief sought. Additionally,the request must state why the determination is inconsistent with applicable laws and regulations. Waterways Application No. W99-9152 Written Detertnination Page 6 In addition,pursuaat to 310 C$�R 9.17(3), any notice'of claim for an adjudicatory hearing must include the following information: the DEP Waterways Application File Number,name of the applicant and address of the project;the complete name, address, and telephone number of the party filing the request and, if represented by counsel;the name, address and telephone number of the attorney and, if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies the definition of"aggrieved person"found in secfion 9.02; a cleaz statement that a formal adjudicatory hearing is being requested; a clear and concise statement of the specific objections to the DepartmenYs written determination, and the rel;ef sought ihrough�he adjudicatory hearing, including specifically the changes desired in the final written determination; and a statement that a copy of the request has been sent to: the applicant and the , municipal official of the city or town where the project is located. C) Filing Fee and Address Th hearing request along with a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollazs ($100.00)must be mailed ta Commonwealth of 1VYassachusetts Department of Environmental Protection P.O. Box 4062 , Boston,MA 02211 At the same time, pursuant to 310 CMR 9.17, copies of the appeal shall be sent by certified mail or hand delivery to the applicant, any other parties to this proceeding, and municipal officials of the town where the project is located. The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or ' granted a waiver as described below. D)Exceptions The filing fee isn't required if the appellant is a town or municipal agency, county, or district of the Commonwealth, or a municipal housing authority. E) Waiver The Deparhnent may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hazdship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. � _ , • THIS DETERMINATION IS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ON Tf� zatn DAY OF saPmEansEx , 1999. - _. . " J es A. Sprague e tion Chief rvision of Wetlands and Waterways � � _�..<�.�. � Goldeneye Corporation 4 Blaney Street Salem, Ma.ssachusetts 01970 USA Mazk George Chairman,Salem Conservation Commission Salem City Hall Annex One Salem Green Salem,MA 01970 Dear Mark George: We wish to request amendments to aur Order of Conditions issued July 9,1999, DEP File#64-295. After request and consultation with the Salem Harbormaster,Mr. William Wholley,it has been detern�ined that the Blaney St ferry landing float system should have several spud anchors to more adequately secure the floats and gangv�,ay for public and vessel safery. We are therefore myueyting permission to install these addi6onal anchors aceording to the attached diagram. Additionally,we would request the ability to erect a tent structure adjacent to the raznp loading area in order to provide on site shelter for patrons,This is also shown on the diagram. Fu�ther,we would like to request the ability to erect a flagpole as also shown on the diagrazn. Thank you. Respectfully submitted, � 9� Bob Blair Goldeneye Corporation Phone: (978) 744-3g00 Farz: (978) 740-6771 4 � � 11.'15:A9 TNC 1J:25 F:1S 878i10(1Ui? JOH� D REE�AY (�001,'OOS 9 Sixiy VJashington Strset - • � � � ' SalAm, Massachusetts 019 • � Te1: 97&741�453 � e , • Fax' 97�7�40-0072 �� Tb: MarkGeorge FrvnK JohnKeeren r—'�~ iue � 741-4853 Page: 3 W�one: 7414453 f�.c•: 18 N�V 88 � Goltleneye Appeat GC. O Urgant X Fw Reviaw C Plasw Cemm�ne X►lease Repy ❑Pl.ww R�cycis . •�n(�; Dear Ma�c: Please review etlacAed aifidavit drafled hom our disaassion. Piease make any changes/etlils and fau badc lo me. I would like tn send this out on Frday. Medi2tion SCheduled Deceinber 1"ai 2:00 p.m.in Wilmingion. DEP woula like enGre bcard to be there is pos4ble9 Sewndly, lasl night Boatd W Appeals agreed with George Atidr�.s appea! that zoning comqiar,ce eeNficate should never have Geen appnved, Question—if no certificate—no compete app6cation with DcP on 91 license? YVhat atl thi�meaiu is s�ill to be Cetertr�ined. Thank you for your atteMion to tRs maxer. Very best regaids, John Keenan " ili18i99 TNC 1J:21 FAS 078i�0UUi2 JOEN D KEE�AN � �002%007 ' COMMONWEALTN OF MASSACHUSETTS E7CECUTIVE O�FIC� OF ENVIROWMENTAL AFFAIRS DEPARTMENT OF ENYiRONMENTAL PRQTECTIO�[ OFFICE OF/aDMINISTRATIVE�IPPEALS _ - ) In the Matter of ) DEP Docket No. 99-175 Gddeneye Corporetion ) Waierways Ucense No. W99-9152 ) City of Salem ) I, Mark George, do hereby sWte and depose: 1. My name is Mark George and-I ha�been a member of the Salem Conservation Commission since� and Chairman since � z. Gvldeneye filed Its origina! Notice of Intent in February 1499 wlth Plans' daYed ]uly 1998 (revlsed 02/OS/99). 3. St�eet 2 of 4 dated July 1998 was of the foced pier project. 4. Sheet 4 of 4 dated July 1998 also showed the fixed pier—depicting specifically the sections. 5. On May 27, 1999, Goldeneye came before the Salem Conservation Commission for a publiC hearing on its pier project. 6. During the course of the hearing in distussing what conditio�s would potentially be imposed if the fixed pier project were to be apprwed, Goldeneye recognized they woufd not be able to get in the water for the 1949 Season, 7. One of the major concems of the Conservadon Commission was the . repair to the entire seawaA arxl riprap as per a previous Order of Conditlons (Mackey) on this parcel. 8. As the Conservation Commission made it clear tlie wall would need to be repaired with the fixed pier, Goldeneye asked to modify and downscale the project to only the temporary fioating structure for the 1999 ferry season. 9. Goldeneye emphasized the importance of their getting under way for the 1999 season. 10. As discussions had also been ongoing with the City of Salem, Goldeneye and the Commonwealth for the purchase of this parcel for the eventual construction of the new Salem Whart, it did rwt make sense environmentally from our perspective a economically from Goldeneye's perspective to spend thousands of dollars to repair the seawall/riprap only to have ft replated with a steel bulkh�d with the new Salem Whart. 11. The seawall repairs would have been cost prohibluve for Goldeneye and they never would have got in tfie waier for the 1999 season. 1Z. The Conservation Commissiai egreed to review a modifled plan for the temporary floating structure. 13. The onginally proposed flxed pier project was pulled off the table. ' !1'lA/�£1 THL' 1.4:2i F�1 97971000i? JOK� D KEE�A� �005�003 :� 14. What was then distussed and ultimately approved with less extensive conditions was the temporary structure for the 1999 season. 15. The Conservation Commission requested tfiat the revised plan be filed the next day. 1E. 8oume Consulting Enginc�eririg filed the revised plan the next day (May 28, 1999) at our request showing the temporary floating structure. ' 17. This modified plan was the Sheet 2 of 4 (May 28, 1999) that was approved by the Gcinservation Commission and clearly depicts oniy tfie temporery floating structure. 16. The Conservailon Commis5ion wnsidered the temporary float strudur2 to � be Phase I of the plan. 19. In modifying ttae plan and approving the temporary float system only, we agreed oniy to condition repair of the southerl comer of the seawall Y during 1999. (see Additional Condition 49— Exhibit 3 �f Appellee'S Mction). 20. Phase II of this tempor�ry plan was to be the upland Improvements, specifically, installation of drai�age swale and walkway to commence on November 15, 1999 and to be fully completed by the stzrt of the 2000 season. (see Additionai Condition 49— Exhibit 3 of Appelfee's Motion). 21. On July 22, 1999, at the request of the Salem Hari�ormaster and Appeliee Goldeneye, the Conservation Commission amended the Order of ' Conditions with permission 6o install no more than six (6) screw driven spud piles which would need to be remwed by December 1, 1999. 22. At no time did the Salem Conservation Commission vote on the entire r fixed pier project as misrepresented by the Appellee. 23. We addressed only the temporary structure as Appeilee/Goldeneye stated they would be back for approvat later on the bigger proJect. 24. I can state emphatically and unequivoCally that the larqer fixed pier project wouid never have been approved on such minimdl add'+tionai conditions — principally the major repair to the seawali. 25. The Conservation Commission and AppelleeJGoldeneye compromised both In an effort to protect the environment and enable them to get in the water for the 1999 ferry season. SIGi�1ED UNDER THE PAINS AND PENAL�IES O� PEt�UftY THIS DAY OF NOVEMBER, 1999. ~ MARK GEORGE, CHAIR SALEM CONSERVATION COMMISSION s. �`�.�10�C� � yy ? `lz Conservation Com�r%_�.�ion �� Salem, Massachusetts 01970 ,�. : ,,� v;t � •:y.lssaCN . To: Jill Provencal, DEP CC: Assistant City Solicitor John Keenan From: Stephen Dibble Subject: W99-9152—Goldeneye Date: November 8, 1999 Pages: 2, including this cover sheet. ~ � Per your request, please find the minutes from several Conservation Commission meetings involving this project, specifically: May 27, 1999, Pages 1,2, & 3 (not numbered)—(Notice of Intent) July 8, 1999, Page 3—Discussion of Salem Ferry Approval—(Permitted phase 1 only) July 22, 1999, Pages 4 & 5—Request to amend OOC—(Permitted temporary screw piles) Also per your request, please find a copy of the two plans listed in the Order of Conditions: Sheet 2 of 4 - Salem Ferry Landing, Phase I, Dated 5/28/99—(Temporary float system) Sheet 4 of 4 - Salem Ferry Terminal, Dated 5/26/99—(Contour comparison plan) The original 4 sheets submitted as part of the Notice of Intent application were replaced by the applicant during the Public Hearing with a second and different set of 4 sheets. The Salem Conservation Commission approved only Phase I site plan(sheet 2 of 4) and updated contour comparison plan (sheet 4 of 4). The confusion over what was approved is explained as you confirmed that you did not receive from the applicant a copy of the revised plans causing the DEP and the City to work from two very different sets. As you can see,the Order of Conditions was issued for a temporary moored float system and did not permit the lazger wooden pier project. As discussed several weeks ago with Bob Blair of Goldeneye Corporation, it is my understanding that at this time with regazd to the Order of Conditions, Goldeneye would need to file a new Notice of Intent or request that the local Order be amended. If I can be of any additional assistance please do not _ hesitate to contact me. From tne de5k oc.. Stephen Dibble Assistant Planner/Conservation Administratar City of Salem,Planning Dept. One Salem Green ATTACHMENTS Salem,MA.,01970 - (978)745 9595 ext.311 � � Fax:(978)740 0404 . � 11/15/99 ffiON 15:23 F�L� 8787Ao00i2 JOffiv D SEEA'.�Y � ' (�001/011 - . _ � _ , Sixty Washir�gton Street . t Salem, Massachusetts u i� � - -� ' � TeI: 978-74'115453 Fax: 978-740-0072 �� Q: Denise Sullivan Fro�rc John Keertan - �a�c . �ii969S ? Yu-�7ay _ � Planx 978-T4'14t53 '� '�. 6�; R' 1 'NOV 99 - __ R�x Goldeneya . CC: O Uya�t X For R.vi«. D PMase Conrne�t X�e iteply ❑Pl�ass itocyd� •�� Denise: Per our d�wssion. Here's the Motion to Dgmiss filed by Goldeneye-yet never serv¢G un the Ctity. k basiraRy still aipues fhai the ConCom aPPmved b9 proJed-dting a sYory in t�e Salem EveninA Ncw+s. YVe7e trying to srhedule a settlement cartereace on Nov 22nd (1IWm's�gton)- The Attomcy for DEP, Heidi T�sch is cortcemed there is a second appeel that rtwst be addressed also. 1 have rwt seen �,but i befieve i may be ftom n�ghborhood assodation. �wi��wpy the Mayor on the Mdion. Thanlcs for your atteMion to itrs matter; Very best regards, JoM ' 11/ / 8 MOPt la:2A F.9X 978i4o0o72 JOHN D $EEN�N f�002;011 Goldeneye Corporation 4 Blaney Street Salem, Massachusetts 01970 USA Commonwealth of Massachusetts Department of Environmenta! Protection Northeast Reglonal Office James Sprague, Section Chief 205a Lowell SVeet Wilmington, MA 01887 November 4, 1999 � _ ;MOTION TO DISMiSS� RE: Chapter 91 Writte� Determination Goldeneye Corporation r Waterways Llcense Appllcatlofl #W89-8i52 and : AppeaC by Clty of Salern, Mayor Stanley UsoWez Jofin D Keenan, Assistant Clty Sollcitbr Dated and recelved October 19, 1999 , Dear Mr. Sprague: Goideneye has received and reviewed the above cited apQeal filed in response to the Writte� Determtnation to issue a Chapter 97 license to our applicatlon #W99-9152. Upon review of the enclosed inforrflation,inre re�est�at the flepartrflent s�ummar�ly dismiss the above referenced appeal. Tf�is appeal should t+e dismissed tor two reasons. A. Latk of ineriL 8. Failure by th� �ariy ta file ao app�a! wlthln the 21 day aiiowed tlmetablE. We look torward to your timely undertaking of this request and the speedy lssuance of our anticipated MGL Chapter 91 Waterways License. ; . ,<, � ,r. ,�. � �11/15/99 MON 15:35 F.i$ 9787AOo0i2 JOHN D SEEN!1N f¢Jo03;011 Page Two • �DEP- Moticn to D►smiss � - Fects af the Malter a. Lsck of Merlt The Cliy of Selem appeai do�{��to make es I�pd►naFY ar9�men�: 1 . Triat the Selem Canservatbn Cammlesan� Ordsr at Gloruii�one� voted on end pessed uriatdmo��y on May 27, 1899 end turthe; arrr�n�� o�,JWy �� 1999, (e � not cor+slsbent wtth tFte C nu end the Notloe of It�ent�295 1 ��q�iicatlon pfeJeot�W99-9952 2. oNY a�smeller t�e �t�d wlthdrswn the Proleex �rom wn�deratbn and that ��sY�I�s�a@atlon w� aPp�a+red In the Orde� of _ - _ -.�onditbns Iseued bY t� Saiem Cor�aervaCon Conunlsebn. '�• Nefthet of these Clty posHfoas ere suPP�d by th�wrliten rac+�rd A.1� The Notfce of Intent#84.2g$yyas•Properly edvsr�(�tbfi f hearing ffi the regularly sehedubd me�ng ot the � - ) end�held for publfcc �-�Y.�L9�. The minutes of ifiet rne�n4 (E�d�Ibit� Indiceie that dlscuseian and oPA�nIfY for Pabllc�mr�er+t a vot�i was teker, and� lneern. �0 61a�e� �t- cnnefniM��., ..� .. ., � The ONer of Condltlons lseued (�Ic 9).� referenees tfre ans � as `Selem Ferry Timileel Sheeb 4 of 4. 5/�ggy bp-Dan G�oule�•a��ya�l! �� N� �� ert�'1.and(ng- Phase 1 5(ta Pla�Sheet 2 oi 4. 6r�e199 by Ra�nald R. Boente�. Although th� Order of CondMbns ls_[fUereneed and ef�ed to the Cl�r of Salern � ��Y o�h Mdude 1 0(5 slte plens.The other tour drewings omftted irom fhe . � � APMked�on #�Wgg.g��P�'as9odabe9�wllh� �e Ckep�er 91 W�erways Lloense � ph � ePP�ed det811 fo� 8MP's tor stotnrwater��5 Ir�dude aU ef tHe r�qy�� s� deslgn. , �ent end the i�9�rrJe� � , � As to the flfth dtawing.sUbmftt�! on 5/2g/g9, fhls draw�g repe�s fh� I�udoh of � sP��slta Improvemerds t� be �nderteken I�ihe so�cslled Phes�t3n�pet��t�e �� r�'9 pro�ed The Conservatlon Commbe� �h�� y��k cha�g�, �� the BMP work and aeawap ecmoring, hrto tfie 1898 ar Phase 1 activlty, i5 2°�� The flnel plart noted on the Gder of Ca�ditlons � � (E�Iblt 4) shows tt�e lo��n�q,�m � �^� � en amendment on 7/22/99, �n� wo�c. Alttwu h a �ry SP�enchors as eddltlonelly alloWed � 9 P P��d the �ud anchors werg nat Irw-lelled, '�°�� E d IGL90iL8G6 � _ feSH qog/moIBS bH dg4_10 66 4� �oN Z00 'd 8S�I I INOVII 66 .S[- 'AON 11/15/98 ffiON 15:25 F3% 87874000i2 JOHN D EEENAN C�00;;011 Page three � . �� • DEP NloUon to Dlsmiss 2 p �� N 7'he vote cf the Ccnsecvetton Cemmlealon as cecrorded In e Mlnuts� of M'ng +�� n,� . 5/27/99 dnd theCaciysi Order of Condltlons lssued 7l9� a�rronslstent wiih each �'��g other In Indlcating`a iull Ptolect approv�:� - - - �--` � _ As iurfAer cotroborailon to the facts 8oume Cor�FflAg �j�g b r a bm�itead a letter�ai�fleld er�ghseer Den Frat�s were�ln � p��Pel� fiott � �,3 support tf�e fae�vf 1hs �dance and o �c� Censeroadon Conwnlseton (E�Iblt 5).Thls 1��e a fuV y 27. 199s by g�e•Sa�em � Prolect approvel. n p,,�1 The Sa/em Evening News rePcRer�� Daf�or►, e�o a�d€� arid r�►�on �e � result� of the 6alem ConsarvaUon Cor�Nselon pybNo fieayn9 �9�dittg the OoldeneYe Corpar'atloh Natlw cf IM�nt He reported those ras�tt� in the�ls�lasue of that paPer(Exhlbit 6)• ThL� report Is aonsistent wlth e fuA projeM ePprovai. it fs our posldoti� syPpabad by tha wrtt6et�record, becbcad up by olir projxt engirreets, - Baume ConeWtlrg EnglneaMtt�� end � in T+�e S�� E� �yee►s�thst the " Salem Cor�oen�etlon Cpmmiyeion dld Issue en Order af Condiqone for the erNre ' "Naltce � Intent, Qaldeeeye Corporetiort- Con ' � on 9r27�99. �on o►e Meilna Terminal ertd Pier' �e ChY's �peal documertt Ignaree tkese'faei� sAd evet�fs. A.�: . The essernon thet tAe appl►oent rorlthdrauv�a port►pn oi tt� P�v1e�}$om cvnsldef�tlon bs et� rrot QuDPotted by the}sds. Where the conFusbn o�ror atry wl�dr�.�Is the(amt that subtnlnad e Notice oi Intert}�64-290 for ��p�' � ` publlc hearing was penpedy habd on ��On C°mm�sion conslderetbn. A �`� � r�uesE� wsre�nade �or add�oeel ��25,1�9. At that hearin9 �umeroue ph aG p�ect de�alL A Slie� WeS �Uleal 8nd 1h@ � �� was eventually coMinued �J�e 18tf� 1899 E� a�bw adequate�n�e for en G" �na�s�ve�+ m be�nducEoa. Pro�Ct demn p�ens end a stte survey were CammLsslnn � �Y, ahead o�.our antldpated xhedWe. The Cottserva�on (l�6d-295) as the m�tl o�bo a�dver�� tl�e subm�selon of a new Noqoa of 4r6ant approvel schedWe �The new NOI (sa-295) was exacyy the seme as ths pnor No1 (s4-2sD)-so tt�e �,1�� Commisslon waved the flQhy fee a� apprpvad�a w��y�;� ot Mt� � activlry Is reflectad In the May 27, 1999 Mlnutas of tlt� �Ie�flA. Th� � rto oth� �``��? wtlhdrawal ecdviry or dlscusaton of wlthdrewal acUrlty �egardlnq our proJect, as qgaln jav�22� ' reNeeEed In the ofNclel t�ecord. �S� �., r � �� ; �d TLG9GiLBL6 _ �1etH vog/�e�Ieg ag d6b : I0 66 40 �oN �UU 'd BS�II {NOW166 ,5I- 'AON � 11/15/88 �ON 15:25 F� 9i874000i2 JOHN D HEEN�I �005;011 �I' � ' P�qe four . . CEP- Motlon to Dlsmiss Further sRe related dlecuscton end d�talle tder�IHed work our oxleGng q�p�er 91 LlCeflse#4916 a11d the exlstlng Orpde�af Condl�ons n�64�der : the deslre at the Selem ConsarvaUon Commfsslon was to not have more then one47. � o►der of Condttbns running (n effed vrE Ihe ( work done under present p�:aee srl��, anctso the aopcept�Pha�One ( (work Ptopos�d ta be done urdera��j � ��Tha s��ue of�t Qrder af CoMlUons then pllahed two funetlohs. Provlde e�ing work and AperaBans fo proceed an� ��e raqalfen�tt fer C#��pter 9i Uoense PPN�lon W99-9192- 01'rler o! Condl�ons. o s�dete6o'b`and addressed during tt e normel�doenmerrt were adequst�h+ ep�er 91 applioetlon proce�_ �. Date Of App�7 Fllln� Deadllne. \ MGL'baptier 91 re�gulaUons 3#0 CMA 9:f7{2� deerh require thflt an �I be fHed �ndihin 1 �••+,,,�,�.��_� �e rKitton dete�min�lvn. Tfie deEe vf!he de�rmhiet�on \ �� J`� " beN9 9eP��ber 28. 1999 erid thet dBEe be1Mg�y on�}the l'� allow en 'aggHeved pert�' untll Oaober 18� 199� �P� Pe►iod wvuk! v�� cstt�ied tneil or hartd dellvered.The C �• eubmit thelr proper aPpeal bY Ocbber 19. 1999. one day iatie. m'�PP°al Is daEed end wes sub� on In Conolualon. 'Fhe City ot 9alem faile tv ptovide arry Determfnetbn A►PPeel whkh cantradltt t�e�� In Ils Chapter 81- hMKen Order of Condltbne Is�ued on b27/98, Mayor. 9tenleY d,�U vvlcz Jr. an�d A�sl�nt ' City 9olidlor. John Keenen dld �i etEsnd eny of tha puElb MeaNngs held by the the Salem Conserva�on Commisslo� end �s�� m d(rect Vet�splred ihere. The Gty's aPPeel oml�detes and facb and ��° ae b what ' �� between Uie ConeervaUon Commissfon actuai ec�� the e��d�de�M t� aPP� P►o ecft � record. �tlons. However there � no suoh corduslon or dlscrepanoY In the written � ��5 �.` Ord e� ��, e�rl�-� �� z� Mt h„1�5 � � 9 �d iLL904LBL6 .+SeiH qo . E�W�tQS oH d6}�TO 66 b0 �D1J ti00 'd BS�I1 (NOWI 66 :SI- 'AON �11/15/99 MON iS:ZB F�L$ 978i400oi2 JOHN D SEEN9Ti �j00B/oll �age ffve ' . DEP Motlan to Dlsm�� - � We trust that this Inbrmatlon wIH assls}the pep�e�{� ��ding tha sequenee and basls for the aop�a� e�er�R�end iacts Impartartt In thls ea5e. 8�� there !s such a cfear Indtc$tlon of the fects�n fhe wHt6�n record we belleve that t�e �@PartmeM should rety on the wrltten receb and dlsmiss the eppeal, Fie9erda, Rcbert J Salem, Preeide� ' aoldeneya Corperatlon CC. Mayor.B�rUey J. Ueovla J�. 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M r��The''Bs�em.+ rry "khe Blaney Btreet.lqoaf'u'g.'hhq. `the-pae-tempr J � ,� R GIaA' � hW •a4 �[B � `9 � .�'�E% • ''�'.l�. 1ending•w4i-'uaedlaat• e4rarid' �Ihecity 'wb1 h• ��, �ObY 'mtllio N9w;st1 N(�fprthe �� Atter be s:oC'etAr �,e�. ,;t , a� �F , F- ea�'�. :eame lucodori�'[ti�cltX'. . ect i9; � . � . IFB wd .aiW be home to ��3a1 a�y � sto�:.�n .::� e�6a[� � .. •. ' �j`�lb$�te�� hom 'at tiea4 iFi►�;ta.p4g �. + � lerr�; �r �l.r qeton' �:12�'ewnmer M.�ceP�'t,;�:��.�i �:��.�..�. ;: Y . �wayl i!CoYAC�:' ot.-;tl�e�pt�ap• . 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YCI � ;�.�- �� J�2I� � U Y�C�C1�:r� . � W � N. rl \ r� n � 'y n O�n � � 1-1 ( �� I � �ol� t'�,�y2. �� , �11/15/89 ffiON 15:28 FA% 978i4a0o72 JOffiQ D REEN&Y C�Joo8;011 �` COMMaNWEALTH OF MASSAC$USET25 EXECt7TIV� OFFIC�OF E`idViItONNlE1�T^111L�t�lltS DEPAHTA+IP',NT OF ENV)RONMENTAi. PROTECTION � � ONE WIN1'ER ST8E8T, 80S20N, MA 02108 617•202•6600 ARGEO PAVL CELLUCCL Ooveraor BOB DURAND " Seaenvy dANE SWIFf Lieuceoant Caovernor L1.UREN ti L[59 l.bmmiyeooner I MULTIPLE FACSIMILE TR.ANSMITTAL FORM DATE: Nwember 15,1999 TO: John Ke4aan,Esq. TO: Bob Blair A't: City Bollciitor's OSce AT: Go]dweye Corp, FAX#:978/740-0072 FAX#:978/740-6771 FROM: Heidi 1VL Zisch,Esq. DEP-Ot17ee of GenePal Counsel SUE3ECT: Maaer of Golseweye Corp. DEP Docket Na 99-175 ModoA for Exteoaion • lv[JMBER OF PAGES INQ.UDII�iG COVEIt SHEET:3 SHOULD A PROBLEM OCCUR Ilv TRANSMITTAL,pLEASE CALL IARC�g AT(61'n Z92-5568. TO 5EP1D A FAX,CALL(61�338-65]1. • Gentlamem: Pleasc find af[ach�d n copy oPthe DeparmacuYs Motian for a thtee.weel;exiemsion to respond to the ApplicanYs Motion to Dismiss, as discussed ia my telepho�wnversetlons wish eaeh of you earlies today. Be swaz+e that I�IIow seekiag threo weeks iastead of two because I am pl�ing to take some rime off arotmd the l�enksgiviag hotiday. Once you have had an opporttmmty iv review rhis Motion,please call me az 617/292-5844 �d let me lmow�vhaher you will asscnt to it. In order to expedite its filing,please also let me ]aww whether you will authorize me to si�n the Motion on your behalf to expedite its{�la�g, ?hazik you, Heidi Zisch ' 'f�u�elerm�der u wW1o041�sl�o,tolww't 67��{��CeaeAmor�efq71l7s6STL OEPon ihe WaM WlCaweD: Mmc//ww.nrp,w.cmE�.mo.ua�deD {� w�nted an R0Cyc1eA PaPer I00 'd 6£�£I (NOWI66 :SI- 'hON �11/15/88 M0� 1ac28 Fei� 9i874o00i2 JOHIG D %EENUY C�008;011 COMMONVVEALTH OF MASSACHUSETTS EXECUTIVE OFF7CE OF ENVIRONMENTAL AFFAIRS DEPAR2ME1V7 OFENIViRONMENiAL PRO?ECTION -.. OFFICE OF ADMINISTRATIVE APPEALS ) Iu the Matter of ) DEP Docket No.99-175 GoMeneye Corporatloa ) W9terways License No.W99A152 1 City of Salem DEPARTMENT OF EN�'IItONMENTAL PROTECIIOPT'S wSSENTED TO _._ MOTIOP7 FOR EXTENSTON TO SUBNIIT RESPON9E TO - APPLICANT'S MOTION?O DISMISS . .,_ Nnw comes the Deparnnent ofEavito�meaual Piotection(the"DepartmenY�ead respedfi�lly moveo that the Department be�a th:ce-(3)wcek extcnsion of t�e until Tuesday,Decembet 7, 1999,to file its response to the Applicant's Motion to Dismiss(tt►e"Motion"). In support of this Motion,the Depamneat States the folloaing: (1) This matter was assigned to counsel on W�dnesday,Novemba 14, 1999—the dey before Veceraa's Day. Ihe Depactmenc has aot had adequace time w compile the adminisuative record�d file for counsel,teview the 51e, discuss this matter with regional sta$ and prepare a respanse. (2) The DepatmaeaYs reeotd ie not yes fully campiled. The Depsr�eat is cv¢rently compiling its record of this matter for counsel. Any response from the Deparomeat requires a seview of the complete file. Smce rhis prxess is not yet eomplete,the Department caanot respond to the Movnn by Tnesday,Novembec 15, 1999. t00 'd 6£�£i (N0I9166 ,SI- 'hON 11/15/89 MON 15:27 Fi$ 9i8iA000i2 JOHIQ D EEEN�v l�010;011 (3) The grant of an extension would aot cause any uadne delay aor prejudice �y or�n�p��. x��vY�b��a b,., Depaztrnent oFEnvironmcmal Proteedon by: ;�. •�.�,, Heidi M.Zisch, Assistant Counsel DEP-0ffice of General Counsel Oae Winter Shee;3'�Floor Boston,MA 02108 617292-5844 FAX:617Y338-5511 Dated: November 14, 1999 - Assented to by. Goldeneye Cotporatioa,Applicaat,by; Robert l. Salem,PresideaT Robert Blair Goldeaeye Ca�porstion 4 Blaney Street Salem,MA 01970 978/744-3800 FAX: 978/740-6771 ' Dated:Novembet�14, 1999 AATD City of Salem,Pelitianer,by: Jo}m D. Keenan, Assis�tant City Solieitur Ciry of Salem—Legal Depattment 60 Waslungton Saeet Salem,MA 01970 978/741-4453 FAX_ 978/740-0072 Dated:i�iovember 14, 1999 £UO 'd 6£�f[ (NOW166 ,Si- 'AON 11/15/89 ffiON 15:2i F.LY 9i8iAo00i2 JOHN D $EENiv l�oll/oll CERTTFTCATE OF SERYICE t.Heidi M.�iseh,hereby ce�tify that on this day;I sctved a true eopy of thc Departrnent ofEnvironmeetal protectian's Motiun fnr Exoension b7 fitst class mait,on the attached Service I.ist. • �,.. Hddi M_Zise}�Assistant Comue� - Dated:Novembex 14� 1999 - � P.IMrMii60apeh�aMMFs( b00 'd bf �£I 1�4oW166 ,SI- 'AO�V � 11/15/99 �ON 15:40 F.�S 978 740 0404 Planning �001 sazaaaaasaaasas:aa:aa:aaaaa sa� ACi'IVITF REPORT sas aaa:aaasaaaaassaasasasaasss ST. TIME CONNEGTION TEL CONNECPION ID N0. MODE PGS. RESULT 11/12 15:52 7456606 1138 TRANSMIT ECM 4 OH O1'26 11/12 15:57 7445865 1139 TRANS�IT ECM 2 NG 00'47 3 STOP 11/12 15:58 7445865 1140 TRANS�IT ECM 4 OH O1'12 11/12 15:59 1 978 745 0556 6355 AUTO FA% R3 ECffi 1 0% 00'30 11/12 16:00 7445865 1141 TRANSMIT ECM 4 0% O1'10 11/12 17:24 6356 dUTO FA% R3 ECM 1 O% 00'28 11/15 09:52 6357 dUTO FAX R% G3 1 D% 00'S0 11/15 10:12 508 741 0240 6358 AUTO FA% RY ECM 4 OK O1'36 11/15 10:45 15088567332 1142 TRpNS�IT G3 1 0% 00'44 11/15 11:15 6359 dUTO FAS RY ECM 6 0% 02'08 11/15 11:50 617 426 1215 _ _ 6360 e1UT0 FAX RY ECM "a OR O1'S2 11/15 12:11 5327955 � 1143 TRpNSMIT ECM 2 0% 00'37 11/15 12:45 17815922500 . 1149 TRANSYIT ECM 3 0% O1'21 11/15 12:48 9787456606 _ 6361 dUTO FAS R%��'"EClf�.;.:�, 1 0% 00'42 11/15 13:06 9787456606 � 6362 �1UT0"FAS RL ECM - 1 OH 00'41 11/15 33:39 SJ27955 - 1145 TRANS�IT ECM 2 0% 00'38 11/15 14:09 - � 6363 AUTO FA% RS ECM 2 OR 00'S2 11/15 14:16 19782818979 1146 TRANSMIT ECY 8 OH 03'49 ll/15 15:03 617 482 7185 METRO 9REA PLANG 6364 ALrfO Fd% RZ ECM 3 0% O1'23 11/15 15:32 9787400072 JOHN D REENAN 6365 AUTO FA% RT ECM 11 OH OJ'00 t � � COMMONWEALTH OF MASSACHUSETTS �0�� u EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS + d DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 r,•V`W ARGEO PAUL CELLUCCI BOB DURAND Governor � Secretary JANE SWIFT LAUREN A.LISS Lieutenant Governor Commissioner November 17, 1999 , Joseph C. Correnti; Esq. Serafini, Serafini, Darling & Cor.enii,LLP 63 Federal Street Salem, MA 01970 John D. Keenan, Assistant City Solicitor City of Salem Legal Department 60 Washington Street Salem, MA 01970 RE: Matfer of Goldeneye Corporation DEP Docket No..99-175 , Settlement Conference Deaz Gentlemen: This letter shall serve to confirm the scheduling of a settlement conference for the above- referenced matter on-Wednesday,December 1, 1999 at 2:00 p.m. in Conference Room F at the , Department of Environmental Protection s Northeast Regional Offices m Wilmmgton. For your convenience, I have enclosed directions to that Office. If'you have any questions or need to rescnedule this conference,please do not hesitate io contact me at (617) 292-5844. Very ly yours, . C;��•''�''� �!^�`�� Heidi M. Z�~i§ch cc: James Sprague, Section Chief(via e-mail) Jill Provencal,Environmental Analyst (via e-mail) p\hzisch\175-Goldeneyelset[l.no[ � � � � � � This information is available in altemate forma�by calling aur ADA Coordina�or at(6I7)574-6872. DEP on the World Wide Web: httpl/www.magnetslate.ma.us/dep � � Printed on Recycletl Paper . y 4 MA DEP NERO Directions Page 1 of 1 .� . " ��a ' t.�3��x �,�� r '� .��'�a.�,�r�f� t-.r��+r��'?c'..._. �"�y� I � � _ - �','F '� ' . ..Y.� r ., . � _ � .n� ' � -`� +' � x� �� . � p �P Directions 205 Lowell Street Wilmington, Massachusetts 01887 (978) 661-7600 Fax: (978) 661-7615 From Boston and Route 128 (I 95): 1. Take Route 93 North to Exit 38. 2. Turn right at the end of the ramp and proceed west toward Wilmington on Rte 129. 3. Tum left at the second traffic light onto Woburn Street. 4. Turn right at the first driveway which is a very short distance from the intersection. From the North: 1. Take Route 93 South to Exit 38. 2. Turn left at the end of the ramp and proceed west toward Wilmington on Rte 129. 3. Turn left at the second traffic light onto Woburn Street. 4. Turn right at the first driveway which is a very short distance from the intersection. [Contact: NERO.Servicena,state.ma.us] [MA DEP Home] [NERO Home] Updated April 12, 1999 � http://www.magnet.state.ma.us/dep/nero/nerodir.htm 11/17/1999 �___ _ _ ' � � COMMONWEALTH OF MASSACHUSETTS , EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS , a DEPARTMENT OF ENVIRONME��TION 205A Lowell St., Wilmingtan, MA OIS87 (978) 661-7600 - ' !�:�9 GCT 32 GPl I!� � i ARGEO PAUL CELLUCCI � - SALEM BOB DURAND Govemor � Secretary Fi�N(�!�NG QEPI" JANE SWIFT LAUREN A.LISS Lieulenant Govemor - � Commissioner ' Goldeneye Corporation OCT 2 9 1999 c/o Boume Consulting Engineering 184 West Central Street Franklin, MA 02038 Attn: Ronald Bourne Re: Waterways Application W99-9152/Writ?en Determination , Dear Sir(s): On October 18, 1999, the Department was informed by Salem Solicitor, John Keenan, and Steven Dibble of the Gloucester Conservation Commission, that the Order of Conditions, 64- 295, issued on July 14, 1999 to Goldeneye Corporation, does not cover the entire project as proposed under the existing Chapter 91 application. It is our understanding that the Conservation Cummission approved only a temporary floating pier system to be held in place by six screw driven spud piles which are to be removed by December I, 1999, seawall repair, an 8' wide sidewalk (public accessway) and stormwater structures. The Department has determined that the Written Determination issued on September 28, 1999 will be withdrawn unless you can provide the Department with information that Order of Conditions, 64-295, does in fact cover the entire project as proposed under your Chapter 91 application. IFthe OOC does not coincide with your Chapter 91 application you will either have to re-file a Notice of Intent with the Salem Conservation Commission or revise vour Chapter 91 application to reflect that work authorized under OOC 64-295. Should you have any question, please contact Jill E. Provencal at (978) 661-7778. � cerely, �4� �.,r ames A. Sprag e Section Chief Wetlands and Waterways Program , " This infarmation is available in al�ernate format by ca�ling our.4DA Coordinalor at(617)571-6872. � 205A Lowell SL Nfilmingtoq MA Ot887 • Phone(978)66t-7600 • Fax(978)661-7615 • TTD#(978)661-7679 i�, Pnnled on ReCyCIeO Paper . , � � : ��f j Q�IIl�� CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN ciry solicnor � 81 Washington Street 93 Washington Street Assistant Ciry Solickor Te�:978-741•3888 ShcOm, M8552chU5etts 01970 60 Washington Streei Fax:978-741-8110 Tel:978-741-4453 Fax:976-740-0072 VIA FAX: 1-978-661-7615 & North Shore Courier (in hand) October 19, 1999 _ . _ .-u;- Commonwealth of Massachusetts Commonwealth of Massachusetts Department of Environmental Protection Dept. of Environmental Protection Northeast Regional Office P.O. Box 4062 James Sprague, Section Chief Boston, Massachusetts 02211 205a Lowell Street Wilmington, MA 01887 RE: Chapter 91 Written Determination (09/28/99) Goldeneye Corporation (applicant) Waterways License Application No. W99-9152 Salem Harbor in Salem, MA (Blaney Street) Dear Chief Sprague and Sir/Madam: I am writing on behalf of Mayor Stanley J. Usovizc, Jr., and the City of Salem as an aggrieved party (310 C.M.R. 9.17(d)) appealing the above captioned determination and specifically requesting an adjudicatory hearing,' Specific Objections to Written Determinations II. PROJECT DESCRIPTION: Project as described in within determination DOES NOT conform with the temporary, (so called Phase I) existing structure approved by the Salem Conservation Commission on July 9, 1999 (DEP File No. 64-295). See 'Jill Provencal from your office requested yesterday that we fax her a copy of our intent to appeal this decision. We did fax a notice yesterday. This filing with amendments and exhibits is being served today as a completed request and within the appeal period of twenry-one days of said decision. 310 CMR 1.01(3)(c). Notwithstanding same, the City of Salem does not waive any rights to contest proper notice of this decision from the DEP. Specifically, Mayor Stan Usovicz, although copied on your letter, did not receive a copy of the decision until yesterday when Jill Provencal faxed it to another intervenor, Russ Vickers, who in turn forwarded it to Mayor Usovicz. Page Two of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 attached Exhibit "A"Order of Conditions and Phase I Site Plan). The Conservation Commission approved only a temporary floating pier system held in place by no greater than six screw driven spud piles which "shall be removed prior to December 1, 1999." (See Exhibit"A", Amendment of 07/22/99). The applicant did receive the necessary float permit from the Salem Harbormaster. The larger project approved in the written determination was withdrawn by the applicant from the Salem Conservation Commission for the expediency of approval of the temporary plan to be able to run the ferry operation this season. No permanent structure (to wit a 40'x 60' buiiding) was approved by the Conservation Commission. The approval was for a tent and a trailer. (See Exhibit"A", Phase I. Site Plan).z - Parking described in the project cails for 203 spaces, yet the applicant voluntarily downscaled to under 200 spaces, with possible further reduction. - III. DETERMINATION OF WATER DEPENDENCY The City of Salem does not contest the determination of water dependency for this project. As presented to date and in accordance with the Salem Zoning Ordinance, the parking lot and single building are accessory to the water dependent use. IV. DEPARTMENT'S SUMMARY C.) Pubiic Notice and Hearinq The development of the New Salem Wharf is perhaps the single most important public development project facing Salem today. One public hearing was held on March 24, 1999 at which time it was expressed that this was the beginning of the pubiic process. No additional hearing was heid notwithstanding the many concerns, questions and issues raised by the many parties present and left open at the end of the meeting. Most glaring of the concerns was the potential impact on the mostly residential area surrounding this major project and its effect on traffic on the very congested, narrow and historic Derby Street, a one way street at that point. Mayor Usovia specifically addressed this issue in his correspondence of March 8, 1999, seeking to be an intervenor as well. (See attached Exhibit"B'�. This was the primary concern of the neighbors/residents expressed at the public meeting. Z There aiso still exists an outstanding mitigation obligation on part of the applicant from last yea(s permitting praess and illegal fill at the site. The applicant has failed to resolve this matter with the Salem Conservation Commission. � � Page Three of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Unquestionably, the traffic created by this project corresponds directly to the number and types of vessels arriving and de artin this site on a dail P 9 Y basis. Again, Mayor Usovia specifically requested that approval of this license be held until such time as the applicant provide traffic and parking impacts of the proposal. (Exhibit"B'�. None was provided. The only response provided was an apparently vague and nondescript response from Bob Blair. The City of Salem was not copied on that response. _ Apparently, in his letter of April 6, 1999, Mr. Blair explains the following _ uses; "Boston Ferry service with 4 daily round trips, a harbor excursion service which would run on an hourly basis, whale watch tours (2-3 per day), and regional ferry services with connections to Provincetown, Nantucket, Gloucester, Manchester and Marblehead. They would also make the facility available to visiting vessels such as sailing schooners, historic replica vessels, naval vessels, and cruise ship support." There is absolutely no indication of how many daily trips there would be in total of these various services. There is absolutely no indication of how ' many people and how many motor vehicles (cars, buses, shuttles etc.) would be entering and exiting the site onto the one way historic Derby Street. There is no indication or verification that the number of parking spaces available (200) can accommodate the unknown number of vehicles for the various services. Another issue raised by many at the single public hearing was that of gambling and/or gaming being conducted from the site. Both members of the neighborhood and Mayor Usovi¢ have been steadfastly clear on the condition imposed that there be no gambling or gaming originating from this parcel. The written determination describes this project as an "interim step"to the redevelopment of Salem Harbor and new Salem Wharf. The permanent pier structure proposed is not an interim to that project rather a hindrance in that most of it wiil need to be removed in order for the new Salem Wharf to move forward. Most importantly, the City of Salem and the Commonwealth of Massachusetts Executive Office of Administration and Finance are presently engaged in discussions as to what extent of control (ownership) of this very parcel of land is necessary for the state funding of the harbor revitalization. Permission to build this permanent pier may thwart that state funding,3 Additionally, at present, the Salem ' In fact, the City of Salem and Goldeneye in their negotiations had begun discussions of a more flexible pier plan that could be more readily used and moved in conjunction with the redevelopment of the new Salem wharf. Page Four of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Harbor Pian has been withdrawn from consideration for approval for further review, revisions and input. D.) Other Anprovals. This project as described in the written determination WAS NOT approved by the Salem Conservation Commission. Moreover, Mayor Usovicz in his correspondence of April 6, 1999, again specifically requested that the Chapter 91 License not be issued untii an Order of Conditions is issued by the Salem Conservation Commission. (Exhibit"B'�. The Salem Conservation Commission approved oniy "Phase I"which included a temporary moored docking float system — much less extensive than that originally proposed. Thus, the determination is inconsistent with the Massachusetts Wetlands Protection Act (Mass. Gen. L. c. 131, § 40) Relief Sought through Adjudicatory Hearing The Ci of I ry Sa em hereb re uests tha - Y q t above mentioned concerns be reviewed by the hearing officer and that the following relief be granted, in addition to any relied deemed meet and just. Specific changes to the vague written determination must incorpo2te the specific information provided by the applicant regarding traffic, number of vessels, number of people and gambling. Also, the written determination must be minimaliy conditioned upon Salem Conservation Commission approval of the project as described. Additional special conditions must address: • Specific limit on daily number of motor vehicles (cars, buses, shuttles, trucks) allowed to enter and exit the facility; • Specific limit on daily number of vessels allowed to use the docking facility; • Specific limit on the number and size of vessels able to use the docking facility at one time; • Specific number of parking spaces allowed; • Absolute prohibition of the project supporting any gambling/gaming or any related activity originating therefrom; • The license issued should expire one year from the date of the license with no options for an extension under the same license; • Specific plan for removal and reuse of the "interim pier" in conjunction with the New Salem Wharf. The City of Salem also seeks that the matter be remanded for further public input and hearing to require the appiicant to specifically address said issues. Page Five of Five October 19, 1999 Request for Hearing RE: Written Determination W99-9152 Thank ou for our attention Y Y to these matters. Do not hesitate to contact me - with any questions. I hereby certify that the within appeal/request for an adjudicatory hearing has been delivered to the applicant through its attorney, Joseph Correnti. Very best regards, �t__-_- ' J n D. Keenan, -- A s tant City Solicitor JD kjm cc. Stanley Usovicz, )r., Mayor Michael Ruane, State Representative Peter Paskowski, Salem Ward One Councilor William Lundregan, City Solicitor Patrick Reffett, City Planner Mark George, Salem Conservation Commission Nina Cohen, Salem Board of Appeals Joseph Correnti, Esq. P EXHIBIT "A" Salem Conservation Commission Order of Conditions July 9, 1999 - Amended July 22, 1999 _ ..., �o Y..... ........ ..�., o�� Y� ..,��. riauuins �0 � � " 310 CMR 10. 99 . DEP File Mo. 64 -295 (To be praviaed by �Eo. ' ' Porn 5 City/To�rti Sd1P.tn applicanc Goldenye Corp; � - C�cIDloDweal Lh ' of Xassactsusetts ' Amended 7/22/99 Order oE Conditions � Massachuetts Wetlands Protection Act G.L. c . 131, �40 From Salem Conservation Commission Issuir.g AuchoriCy To c'c��rlP P l' r' 6a.«2 . (Name of Applicanc) (Name of pronerty o�e:) Address 4 Blaney Street, Salem pddress �-ihis Order i�s issued and delivered as follows: B( by hand delivery co applicanc or represencative on Julv 9, 1999 (dace) ❑ by certified mail, tecusn receipc requesced on � (dacel This projecc is located ac 4 Bl�n=�• St�eet The prooerty is recorded ac' che Registry of Essex Book �4792 • Page 59 Cer[ificate (i: regiscezed] 1'he Notice of Inten� for this projeci Was filed on 5/17/99 (daee) The public hearing was closed on 5/2�/99 (dace) � Pindings . ' Th� Cor77[I15Sion hes reviewed the eSove-rcterer+ced NoLice at Incmt ond O�ans end has � ' held a p�btic hearing on t�e projett. Bascd aa c�e infoMULlon awlla6le co Lhe nmmi4<i�n aC Lhi Lime, Lhe CoI11m�sC2on hes determined Lhet t�e area on wh�ch LAc propas<d rark is :o De done is � si9nificent So L�e follo�in9 intere5L5 in accordance vith che Presurpclons of Signifieance sei forth i� ihe - �egvlaLlms iof each Area SUDject to PratecCto� Under the Aec fcheck a5 app�op�iece): . � Pab(ic uacer supply � Flood Centrol � LatW conLa�ning Shetlfish Grivete uaLef :upply Scorm d�me9e pfe�entian fisherics . Grand �acer st�ly Drevention ot pollution Procettim o}� Vitdlifc Ma6itac 0 0 Totel Filin9 f<e Sutrnitt�d Snte Snare � � (1/2 tec in eaeess of s25) � City/iovn Shere 0 (WA7VFIl) iotal Refund Due S ' Ciry/Toun OorN on f 5[a[E �oriior� . (1!2 tctal) (7/Z total) Effeccive 11/10/89 � S-1 .�uiloiaa muir iv.v� rn.� a!u I�V U4U4 C1ARRIII$ �� Therefore, the Commission hezeby finds thac the following condicions are necessary, ;n acco:dance wich the Performance Standards sec forch �� che regulacions, tc procecc chose incerescs checked above. The Co�nission arders thac all vork shall be pezformed in accordance with said conditions an wich che Notice o£ Incenc referenced above. To the extenc thac che follawing conditioas modify o- diffe: Qrom the plans, specificacions or other proposals � submitted uith the Nocice of In[enc, che conditions shsll control. . General Conditione � � 1. Failure to comply wich all eondicions scated herein, and vith a12 =elated statutes and ocher regulaeory measures, shall be deemed cause co revoke or modify chis order. 2. The Ozder does noc grant any property rights or any exclusive orivileges; it doee not authorize dny ittjury to p;i.vate pzoperty or invasion of private rights. 3 . This order does noG relieve che oermittee or any other person of the necessicy of complying vith all o[her-appLicable federal, scate or local ' . sta�uces, ordinanees, by-lays or regulacions. � 4 . The uork authorized hereunder shall be compleced vithin three years from the dace of chis Ordez unless either of the folloving apply: (a) the work is a maintenance dredging project as provided for in che Acc; or (b) che �ime for complecion has been extended to a specified date nore [han three years, buc less chan five yeazs, from the dace of issuance and both thac dace and the snecial circumstances wazzanting che excended time periad are sec forth in this Order. 5. This order may be excended 6y che issuing auchority for one or more per'_ods of uo co �hree years each upon applicacion [o the issuing auchoricy ac leasc 30 days pzior co che expira[ion date of che Order. 6. .4ny � ill used in connection uich chis nrojecc shall bc clean fi21, con�aining no crash, zefuse, rubbi'sh or debris, ineluding bu[ noc limiced co lumber, brick,s, plascer, vire, lach, paper, cardboard, pipe, cizes, ashes, refrigeracors, mocor �ehicles or pares of any of the foregoing. 7. No work sha1Z be undereaken uncil all administracive appeal periods from chis Order have elapsed or, if such an appeal has been filed, uncil all proceedings before che Denarcment have been completed. . a . No vork shall be undertaken until che Final ordec has been recorded in che Registry o: Deeds or ehe Land Courc for the disczicc in vhich the land is locaced, wichin the chain of ticle of the affecced pzoperty. In the case oi reoorded land, che Final Order shall also be noted in the tzegistry' s Grancar Index under the name oE the owne: of che land upon which the psoposed aork is co be done. Zn the case of regis[ered land, tha Final order shall also be noted on the Land Cour[ Cerzificace of Title of ehe owner of the land upon vhich che pzoposed work is to be done. The recording informatin shall be submitced to che �mm;«;.,., on the form at the end of chis Order prior [o commencemen[ of the vork. 9. A sign shall be displayed at the site not less [han cwo square feec or more Chan chree sqUa:e fee[ in size bearing che Wozds, "MassachuseCCs Deparcmenc of Environmental Proceccion, File Number 64-295 10. Whe:e the DeparcmenL of Environmencal Procection is requesced [o make a . decerminacion and co issue a Supersedina O_der. che Conservacion Cortur.ission shall be a parcy co all agency pro�eedings and heazi�gs before che Deoarcmenc . S-2 . iviaaiaa m�iv lo:vr ru ars rvu u4ua P1anning �� .� 1i. t7pon complecion of che Nork desczibed herein, [he app�icant $hall . forthwich zequest in vziting .hae a Cer[i°icace of Compl:zn:e be Sss�ed scating thaY ti,e vork has been sacis:actori�y mmpleted. 12. The work shall conform to che followiaa olans and special conditions : P1dR5: Title Dated Signed and Stamned by: On•File wich: SaJ.em Ferry Terminal 5/26/99 nan.,; co„iPf c r r Sheets 4 of 4 � Salem Ferry anaing- ase T- .'-- _ - � � Site Plan Sheet 2of4 -.5/��_ - -�nald R.. 3o��nB - - -_5 c c � - �'""-� ,r. ._^'"' . � . . - � _ ....n, -� - . special Conditions � (Use addicional paper�if necessary) • � � See Attached. 7/22/99 Amendment- No greater than. b screw driven spud piles shall be=.pexmitted to be temporarily installed per plan. Al1 spud piles shall be removed prior �o December 1, 1999. . . (Leave Space H1ank1 , , �� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-3:, . 1V/10/e`J m��v to:ov YAd aYC 74U U4U4 YLaIIIIing �� , Zssued Ey conservacion Commission Signature ( ) � U � Thi� Order must ;�e signed by a majority of the conservation Couvvission. on L}S15 2�tt, day, of M,,, 1s oq_ , before me personally appeared the above mentioned , to me kno�+n co be che . . person described in and Who ex�cuCed the foregoitig instnlment and acknovledg Chac he/she execu d �c e e ss his/her free ac[ and deed. STfPHQi blBBLE MoMry PubGc +4'�en E�ires Nov.12,2004 NO ary P 11C My commission eXnires �e appliCanC, Ue o�nef, eny pprgpn aprrit�ed by [his Order, arry ounrf of Llfd abuli109 ihG (d(ld UpOfl wi the proposcd work is to De donc, o� any tM regid¢nts of [he ci[y or co..n in wAjcA 3uCA le�+d is looted, Aar.Dy revlfied of sheir right to request the Otpenmenc of Envirorvneneet Gtetee�ien �e iscue a Supersed- ' Order, providing the req�msL is mede b� cer[i{icd a�oil or heM dcllrery [o Lht DlperTment� vitA t�e nppropriate tiling fee erd fee TrarwnlLLal Form as providcd in 310 UR 10.03(7), uit�in tm days fraa th� date ot issuancc of this determination. A copy of the request shall ac 2�e same ciaK be zmc by cerciti� vuil or hend delivery to the Conservacibn Comoission end cne eppLicane. OeU[h on dotttd lilr ar+d s�vi[ to Lhe C061Il11SSlOn prior to eummnCement of �o� ......................................................................................................... T� Issuing Au2norl Please be edvised tAac cAe order of eonditfens tor the profec[ a[ ifLe ilurber has been recorded at the Repistry o/ enc M1e: becn rwied in che ehain of title of the ei/ected prapercy tn aeearda�ee �it� Cereral [oMicion 8 on ,19 It record�d lend, the instrunent nuroer uhich id<ntifies this tra�seccion is � If reg(scered land, the doumem rnirber �hich id<nti}ies thiy [rensac2ion is Sigai[ure ,1pplita 5-SA • t�itaiaa m�iv lo:�� r:�n av� 7au u4ua Ylannlns �( Salem Conservation Commission � SPECIAL CONDTTIONS—DEP �II.E#64-29�,Address: Blaney Street 1. The Conservation Agtnt wi(I bo notified 4S houn prior(o commcnccmrnt of construction activities (973-745- 9595 cxt. ;(1). Members and ageots of thc Salem Conservation Commission (Commission)shall have the ri�ht to enter and inspece the premises to evaluatz and ensure complianec with the conditions and performznce standards stated in this Order,the Notice of Inten�the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photograp6s, obscrvation and/or materials or may requ've[ho submittal of any data or information deemed neccssary by the Commission,agent,or DEP determines tha2 any of 2he work is not in compliancc with this Order of Conditions. Work shall not resume uncil The Commission is satisficd that the work will comply,and has so notified the ayplican[in wrieing. 2. Approva!of this application does not constiMe compliance with any law or re�ulation otherthan MGL Chapter I31. Section 40, and Wetlands Regulations 310 CYiR 10.00. 3. This Order shall ipply to any suceessor in conhol orsuccessor in intcrest ofthe property described in the Notice of Inttnt and accompanyin�plans. These obligations shall be expressed in covenants in all deeds ro succeeding o.�ners orpor[ions ofthe property. 4. The form providcd at the end ofthis Order shall be completed and stamped at the Re�imy of Deeds afrer the erpiration of the 10.day appeal period and within 30 days ofthe issuana if no requcs[for appeal has been filed with the Departmen[of F.nvirnnmenul Prpfec[ion. This form shflll be retumcd to the Commission within 31 cJny�of rccording accordance and prior to commencemenc of any accivicies subjece to the Order of Condi[ions. 5. Prior[o any work commencina, a si�n shall be displayed showing DEP file�64-395,and noe placed on a livin; ttee. 6. Thc tcrm `Applicanf'as used in this Ordzr of Conditions shall reFer ro the o�mer.any successor in interzs[or successor i�i c�ntrol of lhc property rcEcrenced in the Notice of Intent,supporting documenes and this Ordcr oP Conditions. The Commission shall be notified in wricing wirhin 30 days of al I cransfers of title of any portion of the propetty that takes place prior to issuance of the Cenificate of Comptiance. 7. It is the responsibility of the uppliennt to procurc all other apPlicable federal,state and local pemtits and approvals associated with this project. These pertnits may include but are not necessarity limitcd to thc following: (l) Section 404 ofthe Federal Wetet Pollution Control Act(P.L.92-500, 86 stat. S 16), U.S.Army Corp of Engineers. (2) Water Quality Cttti£ttation in accordaitce wiU� Il�e Fedar'al Wetcr Pollulion Conhol undcr authority oFsec. 27(5)of Chapter 21 of the Mazsachusetts Gene`al Laws as codified (3) Flood Plain (4) Grading Ordinance B. If there are confliccing conditions within this Order,the stricter condition(s)shall rule, 4. All w�rk shall be perfortned so as to�nsurc thet there will be no sedimenution in[o wetlands and surfacc waters during construaion or after completion of the project. 10. The Curnmissiun and its Adminishamr shall have the discredon to modify dte erosion/silea[ion conttol mechods and boundary durin�construction if necessary, 1 l. All work shall be performed in accordance with this Order of Conditions nnd npproved si[e plens(s). No al[emtion of wetland resource areas or associated buffer zonc,other than that approved in this Order,shall occur on this properry without prior arprnval from the Commission. I3. If any changes are made in the above-dzscribed plan(s)which may or will alter an area subject co protcction under the Wedands Protoction Ac� or any chanees in activiry subject to regulations under G.I,. Ch. 131,Seccion 40,the applicant shall inquire from this Commission in writing,prior to thcir implementation in the fleld, whether the change(s) is significant enoueh to require the filing of a new Notice of Intent. Any eRor in the . iuiiaiaa muiv lo:vi r:�n a�� 7au u4u4 Planning �; plans or information submitted by the applicant shaIl be considered changes and tfie above procedures shall be followed. A copy of such request sha11 at t6e same time be sent ro the Deparunent of Environmenta(Protection. I;. In conjunction w�th the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or cutrent landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an ouutanding Order of Conditions on the property and has received a copy of8ie Order of Conditions. l4, Conditions number as �r�,ca�r,� hall rontinue in foree beyond the Certificace of Compliance, in perpetuiry, and shall be rcfcrre to in al(future deeds ta this property. PRIOR TO CONSTRUCTION I5. Prior to commencement of any activiry on this site,there shall be a PRECONSTRUCTION MEETING behvzen the project supervision,the convactor responsible for the work or its administrator to and phone numbers of ali - responsible parties shall be re�isterzd with the Commission a[the pre-consWction meecing. I6. Prior to tha pre-wnstruction mee[ing and commencement of any activity on this site,stdimentation and erosion conRol barriers shall be installed as shotvn on the approval plan(s)and deWil drawings. l'he Commssion vid/pr it5 Administmtor shall inspect and approve such instal(ation at the prz-construction meeting. 17. Prior to the commencement ofany ac[iviry on this site,the appli[ant or curcen[landowner shall submit to the Commission in writine a construction scheduleJsequence of work to complete this project. I 8. Prior to any�vork on site,the proposcd limiLs of work shall be clearly marked with stakes or tlags and shail bz confirmed by thc Commission or its Administrator. Such marken shail be checked and replaced as necessary and shall be mainLZined uniil ell conshuction is complet�. Workers shall be infortned that no use of machinery, storagc of machinery or materials,stockpiGne of soil or conswction activiry is to occur beyond this line at anycimz. 19. Prior to commencemenc of construction on site,the limits of wetland resource areas closest m construction , activity shafl be fla�ged with surveyor's tapz and shall rcmain in placz during constiuction. The limits of araas � to be impacted and the IimiCs oFwork in the replication area(s)shall be clearly fla,�ed. 20. There shall bc(XXX)hay bales and(XXX)��ood�n stal:ed stored undzr cover on thc site to be used onl}•for emeroency erosion control. EROSION CONTI20L 21. Appropria[e erosion conttol deviccs shall be in place prior to the beginning of any phases of construction,and shall be maintained durin�consvuction in the wetland areu and bufPer zones. The erosion eontrol specifica[ion provided in the Notice of In[ent and the erosion control provision in the Order will be thc minimum standards for this projecr,additiona!measurcs may be required by the Commission. 22. Alt debris, fill and excavated material shall b�stockpiled a location far enough awfly from the wetland resource areas to preven[sediment from cnt�ring wetland resource areas. Z;. Erosion and sedimentation convol devices shali be inspecced after each storm event and repaired or replaced as necessary. Any accumula[ed silt adjacent to the barriers shall bc rcmoved. 24. l'he areas of construction shall remain in a stable condition at the close of each coastruction day. 25. An de-waterin^ of trenches or other ex v ' ' o Y cs atcons re uired dun a q ne construction shall bc conducted so as to prevent siltution of wctland resource areas. All dischargts from de-watering activities shall be filtered through haybule sediment traps,silt filter bags or other means approvcd by the Commission or its AdminiSVator. . lviloiaa mv�v io:vo rne ara vao u4u4 Ylani11II6 (�� 26. Within thiRy days of tompletion ofconswction on any given portion of the project,all disturbcd areas in the - complcted ponion oFtl�e site shall be permanently�b9qZed�rith rapidly g�owing vcgecative cover, using sufficient top soil to assure lony tertn stabili7ation of disrurbed areas. 27. If soils are to be disturbed for longer than two months,a temponry cover of rye or othzr grass should be established to prevent erosion and s�dimentation. [f thc season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevene soils from being wazhed by rein or floodin;. DURING CONSTRTICTION 2S. A copy of the Order of Conditions, conswction plans,and eopies ofthe documents and repores ci[ed in Condition # 11,shali be on the site upon commencemeat and durin�any site work for contractors to view and adliere ro. 29. Erosion and sedimenration controi dzvices sfiall be inspected af[er each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the bsrtiers shall bz removcd. 30. Only cl�an fill,free of masonry,stumps, asphalt,and any other kind of waste material shall be uszd on the sitc. 31. All waste products,grubbed stumps,slash,conmuction materials, etc.shall be deposi[ed at Ienst 100 fze[from wedand resource areas and 200 feet from rivers. 32. AI I Fiiling or removal of wasee material f'rom the site shall be done in accordance with the regulatinns nf thc Ciry of Salem Henith Dcpartment. �3. C�ment truc};s shall not bt washed out in sny wetland resource or buffer Zone area. An}•deposit of ccment or concrete products into a buffer zone or wetland resource azea shsl] bc removed by hand. - 34. No fuel, nil,pr niher pp��utflnCs shdll bC slorcd in 2�y resoUrce area or the bufFer zone lhereto, unless specificd in this Order of Condicions. 35. There shall be no pumping of water from wetland resource areas. 36. Ouring construccion,all drainage structures shall be inspected regularly and cleaned as necessary, 37. Immediately followino drninage stcucNre installation,all inlets shell bc protected by�ill Ccncc, hayblac barricrs and/or silt bags to filter silt from stormwater before it enters[he drninnge systcm. 58. The proJece shnll noc cause an increase in run-off onta adjacent properties,either durinQ construction or when completed. i9. The npplicatlt 19 htteby notifitd that failure to tomply with all rcqu�rc�r��nU hcrcin may resull in ffic issuance of enforcemant actions hy the Conservation Commission inciuding,but not limitcd to,civil administrativo penalries under M.G.L.Chapter 21A, section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be loamed and secded or stabilized through the usc oCcrosion control blankets or other approved means. All discurbed areas will be graded, loamed,and seeded prior to November 1 of tach year, if possible. No disNrbed arcas or stockpiled material will be left unprotected or without erosion controls durin�the winter. 41. llpon completion of construction, th�appticant or curtent landowncr shal!submit�he foilo�vin�to the Commission to requcst a Ccrtificate of Compliance: (I) A lener requesting a Certiticnte including the following information: a. Name and address of current landowner; .toitoiaa mun io:oo r1e aro �4u uau4 YL&nnln6 IQO b. Name end address ofthe individuaUhvst or other entity to whom the Certificatt is to be issued: - c. Seeet addrus and lot number forthe project;¢nd d. DEP file namber (2) A letter from a Reois[ered Professional Engineerin,or Land Surveyor ccrtifying compliance of the property wftfi this Order of Conditions (3) An "As-BuilY'plan siened and stamped by a Ro;i:tered Professional Engineer showing post-conshvction conditions and: a. A5-built elevations of ali d2ina�e ways constructed within (00 feat of any weticnd reSource area; b• As-built elevations and grades of aU filled ur altaed µ•etland rzsourcc areas, buHer zones and replicated areu;and ' c• Distances to a11 shvctures within 100 feet of nny wetlend resourct area. 42. When issued,the Certificate of Complianec must be recorded at the Essex County Registry of DzedS, 43. Ifthe enmplered work differs fcom thac in tha ori�innl plans und ronditions,thc ropod must�pccify how ihe work differs; dt which time the app(icant shall first request a modifica[ion to the Ordc�. Only upon rovi�w a��d approval by the Commission,may the appli�ant requesi i� wricing a Certificate of Compliancc as described above. 44. Erosion control deviees shall cemain in place and properly funetionino until all exposed soils have been stabilized wich final vegetative c�ver and the Commission and�or ics Administrator has authorizcd thcir removal. 4i. Tltc follvwin�condition(5)shall e:et�nd beyond the Certiticate of Compliance, in pecpetuity,and shall 6e rccordcd as such on ihe Certificace of C;omplianee and in all fucure deeds ro chis property: P�RYETUAL CO�IDITIONS 46. Tliere shell bc nu dumping of Icaves,�cass clippings,trash or any kind of rehise in the resource are. 47. Herbicides shall not be applied�vithin 100 feet ofthe wetland. 48. No sodium-bascd products shalt be used for control oC ice or snow within 100 feet or the �vetland. ADAITIONAL CONDITIONS 49. Southerly comcr of placemcnt offinal cuucse of armamcnt stone on bank shall be compleud in l999. "l'he pedestrian waikway shall be eztended to White Street. Insullation of draina�e sWale and walkway shall be permitted to comm¢nce on Navember I5, 1999 and shail be fuily completed prior to the scart ofthe 2000 season. 50. Trash barrels shall have dome covers with doors or equivalcnt litter preventing design,snd debris,dumpster, and lynnpak shall be contained end mana;ed on site by operator. S I. Siormwater plans and drainage calculations 5hall be approved by Ciry Eneineer in writiag with copy forwazded to Salem Conservation Commission prior to start of ariy tvork. �2. Contindency plan for fueling shall be approved by Salem Conservation Commission,Salem Fire Depamnent, and Coast Guard prior to any fuelin;operations cakin;place. , : . � i . ` . - �ov ourtui iart oaemu�r�� io�x+mf a� w•a.�e � - . ' � ucu�mo� x�rte / - . � C103NIC PAKYMi 10 OC FIMO�[0 [pS11NG OMSYLN( �� — _ . . . 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SITE PLAN - PIIASE I m�u e'w+o[ s�a2 ws� w�iew�r rn..�__� I[w!�•, ^ CM511NG UNOCN IAKP SIIXIC Cr50NLfA�OC� R IIOOI N/F HAWTNORNE COVE MARINA INC. �� t , � � tc•tc r_ �o-o• —�- -'---- �. )' nw9� tA/IX ,1 �n w ��) - U�A�Lt.B�SC � oo'rn[c oo.�o �EGTION —'�c�Q9 0 . � nrni:.x.uc: i- oa.o• w{y .. 7 u w .� ]V.Nf RHf q'-0' —L�Q'� KNT.SC0.L' 1'.� �0-0• . � �M1OA�C/NGNAY � �-�o'.iYrtoeis ar ^vnw .�.e� R ' M/1'fP[[ ooMo '� _—�—I- w��Nw�]y c (wYql fAbC � OCTlL�I .L Gn�KI B�SC tnsnMG s�aK w��t ��,� •IYNOINt NEW 10.0 It�.1ffi� _[, ��o.o� 1— �lt:lu u�uirn ow� ._-_ __�___—.._. .� cwnrwc cn�n[ [nsnNc cnno[ Cn51Wc Ci1IOC � � w-�� u P zx t ul�w ��e) Q FLOAT ELEVATION "1p10" °L . � 0 I�i „ � %/I/_� t XC OC A4 . � � -SECTION ecw �oo. sc�: r - �a'-o• . MOORING SECTION - lYP � , , c � xonit scuc: �'- vo'.V � Mtw .�u _L.__iR�c cMo[ � . . � sc/Au '/i' (�'°� �cnc uAL• �'- ��•0' 0.ht[D MNpI � — SIONF{�0001 MW . ./' 2.� NIIM 1/ ' NCuo�C CONCIRIC A�OS/SIq1E5 J �"� ]�� /� IOV Of SN'ML� M11q1 10 f1LICA !I➢NC WStN1APON NCW �OA (((��//�� Cl �10.li l�IL tlIR[WlM Yq'C MTI�� i-CIU51W� \]/ KCCIARO AOVC . � R. r9)!! St011C fILL PP� 1U L i IW191 01lllC BORW OI SwAIC \ ri�aucnr ar rtirta r�nmc �Y ar�moo n�r c n r a i c n r�o w c , n e mr [n s t w c s N m[w rc P H A S E I s�� vnortcnw � SECTION � .. :. '�1�� ....._ . ; �.,; ,"�'.,;5� �.o.a��a SITE PLAN ° nani. scuc r- xv.o' i �'�::�. u'oweas w.�a �cnr. wxr. i• - �a.o' � J� u�rtm.� �� VECETATEO SWALE - SECTION -� M VEGETAiED SWALE - ELEVATION SALEM FERRY LANDING � ' GOLDENEYE CORPARATION . . e..a. ° suiu i/Y- �'•o' �+ � xuc: i/Y _ Y_a. . � nccwsmuct irn ar aarc rn� BLANEY STREEf, SALEM , MA s cmnnas cmnrivaus ma sranc �y,�,p� coa s�a+[ fnr) � MAY 1999 � [�,N0.0! . � aNs�k�rnan r�c c�asmm v�oncuNc �nortcna� � � � —��Qourne Cnnaulf/ng BnglnterinB ca�mwws�r�awc cou �. a �� MAY 2 a 1999, � o t �� «<�.�a, tsc.��, m.,.�.,. � ��r.R� .��.o ,..,.-;...,:: :::;:�;r_:: � WALKWAY u��w .�.e� n.ay.o. .o.o o �o eo on•vm: '"" D�AWINC N0. 9070/ � � x�� n, CunsuUing Engmccrin � ' �<<� �.�a �f� G�CCMCO: � . ' .. �OUffl. svu: r . w•-o• i°'�Owrza��uaL99— SIiEET �OF�� FOR CONSERVATION OMMISSION BMISSION ONLY REVIS�ONS EXHIBIT "B" A�ayor Stanley J. Usovicz Correspondence NIarch 8, 1999 (Request to Intervene) Correspondence April 6, 1999 � Additional Input on License Application � ;�� , •ag r�.�:P:•� SrlE19 CST'�' HhLL P.� r �! .� IP I f' � � �'^ v �_i?'1 OF SA.I_EM, MASSACHUSET?5 � O l� STANLEY J. USOVICZ. JR. � MA YOe: March S. 1999 _ �fi. lames A. SPra�ue,�ecII+�hief " Division of.Wetlauds-arid lt�atrrways ?OSA I.ow•ell Street " Wil�aton. MA 01887 RE: Commenu of Application for C3apter 91 License Rcquest to Intervenc as a Party Goldeneye C�rpor2tion Waterw2y3 License Application No. W99-9152 Dear Mr. Sgrabwe: The City of Salcm thanky you Tor this opportunity to comment on thc: Applicarion for a Chapter 91 License filed by Goldeneye Cosporarion (the `Pro nrnt" foz e po } t� cons�ucrion of a Commercial $oat Terminal (the "Projecr') al the foot of Blaney $u�e[ in the municipaliry of Salem. The pmponem is seelang authorization to construct and maintain a 100 ft. by 50 ft. pier u�ith 1» ft by 15 R aalkway, a 100 ft. by 40 R. bazge witfi double�gwsy and ramping system, a vmber dolphin, 13BO SF of floa2ing docks, 3 gan�uays, a 60 ft. by 40 fe t�*+*+;*+=t ��Q�d 203 pazking spaces for commercial boat services. A public hearing is scheduled on March ?4, 1999 on the Proponcnt's AQplication. On behalf of the City of Saiem, I must state my objection tn tho proposed project. Ouz waterfrosic is an importaut parc of our Ciry's heritage and provides open space and �ublic access io r:sidentc, boaters, fishermcn and the maay tourists who visit our Citv. The Cit}• does not support this projece because of its potenval unpact an thc surrounding ueighborhood aud iu locatioa at the site of Salem's proposed S 18 million port ea�ansion project. Salem'S proposed pier project, the Ncw Sa1em WharF, has becn in �he plan�i�g sta¢e Yor ovcr five years and is a significanc econoauc developmeat pmject for the City, 6:,LEM QTY ii4LL-93 WASkINGTON STfiELR•S.�IsM,M.455qCHU5ETT5 GI970]592•97d/7S-95g5.FAX 976/7aa-9]2� t;PP. �_i� ^�39 �3'��4cPPl Srd_Ehi '-ST' t-�-LL F.� Mr. Iames A. Spraaue, Secrion Chief :l�farch 8, 1999 p� � The Salem Hsrbor Plan tlearly documeau the economic b�fits to the City of t�e cons�uetion of rhe New Sal�m �vbarf. Salem's project has aiso_bren t#3e s�bjecc of ovzr 5240,000 of P*+��n� studies and investigations, iundui }ry the Staie, to deteimine the suitsbility of the site and sunotmding azea to accommodste the $18 million dollar projett. - tilassachusetts �'oastal �one �f�agement is cumently in the process o2 completins s _ sampliug plan and suirabiliry determination for the dredgine requi�d{or the ��kw•Salrm � Wharf project. The Propouent's application for thc'u project is incompkie, The most glarin� deficiency with tfie +�plication is thai thc proponrnt has not provicled any analysis oI uaL�tic impact to the residential neighborhuod where this pivject is located. The project should nnt receive any state approvals uatil th,e traffic and parlqng impacu of the proposal are fully analyzcd and addressed by the Pmponcnts. Tf�e ProQonmt has said thaz t�se trafIIc impact would only be in the ordet of 400 averdge daily trips (adt). It is likety tfiat Yhe f.acility would gnnaste a much highcr�affic lcvel. Since the Proponent has not �s yet pro�ided au esrimat� of the numbers and rypes of vessels using the proposed pier, the tra�c esiimaies have litile basis. $owevez, work peziormed by the City's consu3tant sbows taat the rraffic generated by such a commercial facility could be much higher thEn sgecificd in their application. T'ne Proponent also statcs (on pagc 3) ffiat the proposed "praject is an important step forward in advancing thc goals of the City and provides an inaemental, logical progression for+.iard while the fuhue of ihe larger public study project is debaud, plaancd and taken through the peimitrine process." On the conn�ary, the consuuction of this commeacial boat termina! will hiader tfie advaacemeat of the public pier project gropostd by the Ci:y. To the extent that the Pzoponeat's grojed is not physically compalible with the confie uauon of 2he New Salem Wharf plans, it.�-ill likely res�itt ihe advaa,cemcnt of the unportant public project Sunilarly, the Ptoponent's project, once occupied and in daily use, wi]1 probably rzsult in s natura(rcluctance to its removal to permit consmution of t6o d3rd�ing and public project. Ihis is likely the ca5e because tha first step in building the New Salem Wharf will be to rcmove this very expen9ive pier structure and buildings-and to dispiace the existing terminal users at that time. It is prabable that the cons�ucrion of this project will impcde, if nat stop, thc construcrion of tha New Saian Public Wharf project, which is part of ths Harbor Pl�. Thtrefore,I do not belicve that the Proponeat's premise that this project is consistent . rtFF. ��o "�+ �ac�-t6P(9 �LE19 i_IT'f HtiLL .. F.� Mr.James A. Sprague, 5ecuon Chief March 8, 1999 Page 3 with th� Salem Hazbor Plan is correci. In fact, oue could argut that the opposite is �u:. The ranstruction of tke ayyliranf's�rayased y�:r is iruansf,sttnt with thc Harbar Plan. � Lastly, our watrrfi�ont provides open space and public access for our citizrns. I1� privately owned pier does not save a pmper public pmpose and�would be deorimearai io rhe lar�er publie purposa � . - ' As �4ayor, I am requesting a complete mview af the Piopouent's projut by tl�e Salem Harbor Planning Committee as to w}�ether ifie PioponenYs proposed plan is indeed consistent with the Salan H�bor Pian and the New Sslcm Whaz{ projc�. I am also 2G� for an independent study of ihe impact of Yhis Commzncial $oat Taminal on this hisioric neighbox�ood aad thc cost to thc City's New Salem Wharf pmject. It is my hopc ihat yov will consider the City's efforts to rxpiore these ar^„as ss �iable and subs7antive. Thuefore, I urge you to fongo ganung a Chapicr 91 License to the Proponeirt until the Ciry can complete iu studies and rendtr a de*rrmination as to whcther this projrct is�onsistent with the inrrnt and goals of Salem's Harbor Plan and the puolic intcrest. On behsif oY rhe City of Salem, and in order to preserve thc City's rights, I her_by petition to intervene to become a party zo this proce�din�pursuant to 310 CMR 9.13(4). I'he City thanks you for the opportaniry to comment Vcry t�ujy youiy, Stanley J. Usovicz, Jr. l�fayor SJlifjp cc: Ixonard F. 0'Leary, President, Salem Ciry Couacil Craig Wheeler, Ciry Plsnner, Salcm Hsrbor Plaaning Commirtce Walier Pawer, Cfiaixman, Salrm Planning$oazd U.S. Army Corps of£ngneers - v�,CONDIT,� 0 5� � � _ a � < . a i�. _ ��--��. �GqAB�` CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ. JR. MAYOR Apri16, 1999 James A. Spra�ue Szction Chief Division of Wetland and Watenvays 20�A Lo�vell Street �Vilmington, NIA 01387 RE: Watzr�vays Application No. \V99-91�2— 10 Blaney Street, Salem Dear Mr. Sprague: The city of Salem would once a�ain like to thank you for the opportunity to comment on the abovz-referenced application for a Chapter 91 License filed by Goldeneye Corporation. [ would also like to tharil: you for conducting a very successful pubfic heazing which raised much public comment and concems over Goldeneye's proposal. In my letter of Nlarch S, ]999 to you, I stated my objection to this proposed project. I documented why thz Goldeneye Corporation proposed pier is inconsistent with the Harbor Plan. [ also petitioned to intervene to become a party in these proceedings. [ am requesting that you pfease include and serve copies to my office of afl correspondence, public hearings, site visits and other opportunities to properfy comment in this process. Also, please update my office with the DEP timetable for revie�v of this application. As stated at the Public Hearin„ the city of Salem Conservation Commission has significant concems that are both in and outside their immediate jurisdiction as mandated under 310 C�IR 10.00 et seq. The Notice of Intent Public Hearing currently before the Commission is substantially incomplete. At the request of Goldeneye Corporation, the Commission �ranted a continuation of its Pubfic Hearin� into lune to allow the applicant additional time to submit requested information and make proposed by Goldeneye changes to their plans. At this time, I request that the Chapter 91 License review be tabled until alf of the requested information and plan chan;es are submitted to you to allow for proper consideration of the �,Vaterways Application. Please do not issue a Chapter 91 License until these concems aze addressed by Gofdeneye and until an Order of Conditions is issued by the Salem Conservation Commission. Many of the Commission's concems stem from a �eneral lack of information and conflictin; information which has been both submitted and stated by Goldeneye Corporation. With this Iztter I am providin; a listing of Conservation Commission comments submitted to iVIEPA and additional comments read into the record at the Waterways License Public Hearin� on Nlarch 24,1999. Comments of the Conservation Commission submitted to MEPa are as follo�vs: • Increased impervious surfacing • No use of any Best Management Practices (BMP's) for sediment, sheetflow, and pollution control • Insufficient stormwatzr management • Resource area shall unnecessazily rzceive solid and fine material • Air bom dust from roadway and pazl:ing lot not controlled • Chronic groundin; of freeboard floats, bar;e, and floats as proposed should be studied • Historic and proposed takin� of Commonwealth lands ��ith no provision for public access along �vaterfront ' • Discussion of fuelin; operations is insu�cient • Determination needs to be completed if proposed repairs to seawall are proposed on a Historic Sea�vall • Access to site via Whitz Street has received conflictin; statements • Portions of proposed �vork are shown ro be on land owned by others (US Generating Plant) • Lack of information of impacts of bus tra�c and idlin� time on resource area � Unauthorized fill and proposed miti�ation not yet resolved • Conflic[in; statements that the same improvements are temporary, interim, AND permanent The follo�ving additional information requested by the Consen•ation Commission �vas read at the Watenva}�s Licease Public Hearing, which should be submitted to allo�v for proper revie�r, is as follows: • Submission of ori�inal, eyistin�, and proposed topo�raphy, • Clarification of the number of boats and boat trips per day, • Boat wake impacts and damage to partially constructed.baril:, • Clarification of fueling operations, • Dust control plans, • Draina�e calculations, - Stormwater management plan, • Granite curbing chan;es proposed by Gofdeneye to be corrected on plans, • Vegetated swale proposed by Goldeneye to be added to pfans, • Bzst Mana�ement Practices to be utilized, • Clarification of treatment of 8' wide walkway, • Cfarification of existin� pavement to be removed and treatment of new pavement, and • Documentation of strength of pier with maximum boat loadin�. Several Departments in the City of Salem and other City representativzs have revie�ved the plans submitted by Goldeneye Corporation. MEPA received several letters with comments and concems pertainin� to traffic, pazking, the types and numbzr of vessels proposed to be landin� at the site, access issues, and storm water run-off. I understand that these letters were fonvazded to you. If not, I will �ladly �ather and forward copies to you for your review. Please include the comments in the letters in your revie�v. Again,the ciTy of Salem would like to stress its concerns pertaining to this project's inconsistencies with the proposed New Salem Pier Project and the ;eneral lack of information and conflicting information. Please contact me at (973) 74�-9�9� extension 201 if you have any questions. Thank you for your assistance in this matter. - Sincerely, _ - - — LJd`"�___ Stanley J. Usovicz, Jr., Ntayor cc: John Simpson, DEP/DW�V, Boston Jill E. Provencal, Division of Wetlands and Waterways Salem Conservation Commission Craig Wheefer, City Plannzr William Wholley, Harbormaster CaneoMmir/mayorDEP<hpN l�yuidmry< a • ! � � ' 310 CMR 10. 99 . DEP File Mo. 64 —295 (To be proviCetl by DEP) � POZai 5 ci2y/iorn Salem ��„t Goldenye Corp, Coum�onweal th ' of Massachusetts � Order of Conditione Maseachuetts Wetlanda Protection Act G.L. c . 131, §40 From Salem Conservation Commission Issuing Authority To r,�lr�anava �nr�atian Same (Name of Applicant) (Name of property owner) Address 4 Blaney Street, Salem pddress This Order is issued and delivered as follows: � '� by hand delivery to applicanc or represencative on July 9, 1999 (dace) ❑ by certified mail, return receipt reques[ed on � (dace). This projecc is locaced ac 4 Blaney Street The property is recorded at che Registry of Essex Book 14792 . page 59 . Certificate (i: registeredl The Notice of Intenc for this project was filed �on 5/17/99 (date) The public hearing was closed on 5/27/99 (date) Pindings The Commission has reviewed the above•referenced Notite of Intenc and pLans and has held a pubtic hearing on the project. Based on the intormation available to the COmmiss�on ai this time, the Commission has de[ermined that the area on uhich the proposed �ork is to �e done is significant to 2he follouing interes[s in accordance uich the Presuiptions of Significance set forth in the regulations for each Area Subject to �rotection Under the Act (check as appropriateY. . Publit water suppty ftood Con[rol Land con[aining shellfish � Privaie uater supply Storm dama9e prevention Fisheries Ground uater supply Prevention of pollu[ion Proiection of Yildlife Habitat 0 0 Totel fiting Fee Su6nitted State Share (1/2 fee in excess of 525) City/Town Shere 0 (WAIVEDI Total Refund Due S City/Toun Portion 5 5[a[e PortiorS � (1/2 total) (1/2 total) Effective 11/10/89 � 5-1 ' . . Therefore, the Commission hereby finds that the following conditions l are necessary, in accordance with the Performance Standards set forth in the regulations, tc protect those interests checked above. The Commission orders that all work shall be oerformed in accordance with said conditions and � � with the Notice of Intenc referenced above. To the extent that tne following conditions modify o: differ irom the plans, specifications or other proposals � submitted with the Notice of Zntent, the conditions shall control. General Conditiona � 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to zevoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to pzivate property or invasion of private rights. . 3 . This Order does not relieve the permittee or any other person of the necessicy of complying with all other applicable federal, state or local stacutes, ordinances, by-laws or regulacions. � 4. The work authorized hereunder shall be compleced within three years from - the date of this Order unless eieher of the following apply: (a) the work is a maintenance dredging project as provided for in che Act; or (b) the time for completion has been extended to a specified date more than chree years, but less than five years, from the date of issuance and both thae date and the special circumstances warranting che extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more per:ods of up to three years each upon applicaeion to the issuing authority ac least 30 days prior to the expiration date of che Order. 6. Any lill used in connection with this project shall be clean fill, containing no crash, refuse, rubbish or debris, including but r.ot limited to lumber, bricks, plascer, wire, lath, paper, cazdboard, pipe, �tires, ashes, refrigerators, motor vehicles or par[s of any of the foregoing. 7. No work shall be undercaken uncil all administracive appeal periods from � this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Deparcment have been completed. e. No work shall be undertaken until the Final order has been recorded in che Registry o� Deeds or the Land Cour[ for the district in which the land is locaced, within che 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 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 to be done. The recording informatin shall be submitted to the ['ommiccinr, on the form at the end of this Order prior to commencement of the work. � 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 64-295 10. Where the Department of Environmental Protection is requested co make a . determination and to issue a Supersedina Order, the Conservacion Commission shall be a party to all agency proceedings and hea=ings before the Deoartmenc. . c_2 �� - � 11. Unon completion of the work described herein, the aoolicant Shall forthwith requesc in writing chat a Certi'_icate of Comoliance be issued stating thai tne work has been sacisiaccorily completed. 12. The work shall conform to the followina olans and special conditions : Plans : Title Dated Signed and Stamoed by: On File with: Salem Ferry Terminal 5/26/99 Danni [;on�at _ __ c r r Sheets 4 of 4 � Salem Ferry an i�c[ng-�se �— Site Plan Sheet 2of4 S��T Ronald R. Bo s.c.c. ��ne Special Conditions (Use additional paper if necessary) See Attached. . (Leave Soace Blank) . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �-3A � Issued By al m � � Conservation Commiss_on Signature (s) U� ` �— � This Order must �e signed by a majority of the Conservation Commission. � On this Z7th day. of ma., 19 aa , before me personally appeared the above mentioned , to me known to be the . . person described in and who executed the foregoing instrument and acknowledged� that he/she execu d t e e as his/her free acc and deed. _ � � STEPHEN bIBBLE Notary Pubfic I+OtOonm�sslnn E�ires Ncv.12,2004 No ary P lic My commission exoires - . he applicant, the ouner, any person agrrieved by this Order, any ouner ot land abutting the land upon uhich �. the proposed work is to be done, or any ten residents of the ciry or [oun in uhich such land is lowted, are hereby rctified ot cheir right to request the Departmenc of Envirorniental Pro[e[Lion to issue a Superseding � Order, providing ihe request is made by cercified mail or hand delivery to the Deparcment, with the appropriate filing tee end fee Transmitcal Form as provided in 310 CMR 10.03(7), uithin ten days from [he date ot issuance of this determination. A copy of the request shall at the same time be sent by certified� mail or hard delivery [o the Conservation Comnission and the epplicant. . Comt�lission rior to camiencement of uork. Detech m dotted line and si6mit to the P . � ............................................................................................................ To � Issuing Authority Please be advised that the Order of Conditians for the projecc at �. File Nurber has been rewrded at the Regisiry of _ a^d has been noted in the chain af title of the affecced property in accordance with General Cordition 8 on ,19 � If recorded lend, the instrunent nurter which identifies this�transaction is . If registered land, the docunent nu'ber uhich identifies this trensaction is Signature Rpplicant� 5-4F: Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64-295, Address: Blaney Street 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 959� ext. i l 1). Members and a�ents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced pfans,the Act,and 310 CMR 10.00,and may require any information,measurements,photo�raphs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,a�ent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or re�ulation o[her than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. i. This Order shall apply to any successor in control or successor in in[eres[of[he property described in the Notice of Intent and accompanyin�plans. These obligations shall be expressed in covenants in all deeds to succeedin� owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the I; expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be retumed to the Commission within 2l I days of recording accordance and prior to commencement of any activities subject to the Order of Condi[ions. '' 5. Prior ro any work commencing a sign shall be displayed showing DEP file#64-29>, and not placed on a livin� � tree. � 6. The term "Applicant"as used in this Order of Conditions shall refer[o[he owner,any successor in interest or successor in control of the properry referenced in the Notice of Intent,supportin�documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to prowre all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (I) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corp of En�ineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27 (5)of Chapter 21 of[he Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflictin�conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure[hat there will be no sedimentation into wetlands and surface waters durin�construction or after completion of the project. 10. The Commission and its Administra[or shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. I l. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any chan�es in activity subject to regulations under G.L. Ch. 131, Section 4Q the applicant shall inquire from this Commission in writin„prior to their implementation in the field, whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall a[the same time be sent to the Deparhnent of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an ouutanding Order of Conditions on the property and has received a copy of the Order of Conditions. l4. Conditions number G�5 i� cr�t,� hall continue in force beyond the Certificate of Compliance, in perpemiry, and shall be referre to in all future deeds to this property. PRIOR TO CONSTRUCTION I5. Prior to commencement of any activity on this site,[here shall be a PRECONSTRUCTION MEETING beRveen the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be regis[ered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement o£any activiry on this site, sedimentation and erosion , control barriers shall be installed as shown on the approval plan(s)and detail drawin�s. The Commssion and/or its Administrator shall inspec[and approve such installation a[the pre-construc[ion meeting. . 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writin�a construction schedule/sequence of work to complete this project. I8. Prior to any work on site,the proposed limits of work shall be clearly marked with s[akes or tlags and shall be confirmed by the Commission or its Administratoc Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or marerials,stockpilin�of soil or construction activiry is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacred and the limits of work in the replication area(s)shall be clearly fla�ged. 20. There shall be(XXX)hay bales and(XXX)wooden staked stored under cover on the si[e[o be used only for emergency erosion controL EROSION CONTROL 2 t. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained durin�construction in the weNand areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be Ihe minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required durin�construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered throu�h haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growin�vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 2Z [f soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant�rowth, exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils ' from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions, construction plans,and copies of the documents and reports cited in Condition# I l,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any aceumulated silt adjacent to the baaiers shall be removed. 30. Only clean fill, free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed smmps,slash,construction ma[erials, etc. shall be deposited a[ least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the Ciry of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposi[of cement or concrete produc[s in[o a buffer zone or we[land resource area shall be removed by hand. 34. No fuel, oil, or other pollutants shall be stored in any resource area or the buffer zone thereto, unless specified in this Order of Conditians. 3�. There shall be no pumping of water from weNand resource areas. 36. During construc[ion, all drainage structures shall be inspec[ed re�ularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence, hayblae barriers and/or silt ba�s to filter silt from stormwater before it enters Ihe drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission includin„ bu[not limited to,civil administrative penalties under M.G.L. Chapter 2IA,section 16. POST CONSTRUCTION 40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed, and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls durin�the winter. 41. Upon completion of construction,the applicant or curzent landowner shall submit the following to the Commission to request a Certificate of Compliance: (I) A letter requesting a Certificate including the following information: a. Name and address of curtent landowner, b. Name and address of the individuaVtrus[or other entity to whom the Certificate is to be issued: c. Street address and lot rmmber for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-BuiIP'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within ]00 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be rewrded at the Essex County Re�istry of Deeds. 43. 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 ro the Ordec Only upon review and approval by the Commission,may the applicant request in writin�a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final ve�etative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall ex[end beyond[he Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,arass clippin�s,trash or any kind of refuse in the resource are. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within l00 feet or the wetland. ADDITIONAL CONDITIONS 49. Southerly corner of placement of final course of armament stone on bank shall be completed in 1999. The pedestrian walkway shall be extended to White Street. Installation of drainage swale and walkway shall be permitted to commence on November I5, 1999 and shall be fully completed prior to[he start of[he 2000 season. 50. Trash barrels shall have dome covers with doors or equivalent litter preventing design, and debris, dumpster, and lynnpak shall be contained and mana�ed on site by operator. 5 L Stortnwater plans and drainage calculations shall be approved by City Engineer in writing with copy forwarded to Salem Conservation Commission prior ro start of any work. 52. Contingency plan for fuelin�shall be approved by Salem Conservation Commission, Salem Fire Department, and Coast Guard prior ro any fuelin�operations takin�place. �� 184 West Central Street . BOIL171Q COl1SlllLiltg E)tgIIICCTIItg Franklin, MA 02038 Ronald R. Bourne, P.E. - PresiJenr . " TeL,(508).528-8133 Fax(508) 520-667t' May 12, 1999 e.maiL bce�bournece.com , - , Salem Conservation Commission;Cify of Salem � 1 Salem Green . . Salem;MA 01970 � . : ATTN: Mr:Mark George,Chairman , ' � RE: Commercial Boat Terminal-;Goldeneye Corporation(BCE 98204) SUBJ.: Notice of Intent Re-filing " DEP File Na b4-290 . Dear Mc George: The enclosed Notice of Intent from Golderieye Coiporation is,a re-filing of the Notice of Intent for the Commercial Boat Terminal located at l0 Blaney Street,which was originally submitted to the Salem Conservation Commission on February 10;1999. With the acceptance of the enclosed.re-filing of the Notice of Intent for the aforementioned project, Goldeneye Corporation withdraws the previous Notice of Idtent. A copy of the fees paid pteviously to the appropriate agencies is included in the Notice of Intent and we understand that , no additional fees`aze required for fhe re,filing. Abutters to the ptoperty have been notified ' ' `. conceining the re-filing of. the Notice of Intent. Also; fwo copies have been' sent.to the ' . Massachusetts Department-of Environmental Protection Northeast Regional Office,whick gave the initial Notice of Intenf filing the DEE File No. 64-290. ' . Conditioned upon the issuance of a'new Order of Conditions from the Salem Conservation ' Commission, Goldeneye Corporation seeks a Partial Certificate of Compliance for the outstanding.Order of Conditions No. 64-247 issued to Thomas Mackey and Sons, with the incorporation of any outstandiqg issues into the new Order of Conditions. ' If you require'furthar information regazding this project,please cont9ct me at(508)528-8133. ` Very truly yours, _ .' � �. � . . � � ' � � BOURNE CONSULTING ENGINEERING� � � �. � � �. _ .. ; . . � , . � . . , - / � � .. �� . _: ' _ Ronald.R. Bourne,P.E. , President ' Enclosure: �NoticeofIntent,(g) , CC: Goldeneye Corporation, DEP-NERO . t„- � � v��owir,�� a ;� � � f ��'�_-�,`� �'�nmeoo CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ, JR. MAYOR Apri16, 1999 James A. Sprague Section Chief Division of Wetland and Waterways 205A Lowell Street Wilmington, MA 01887 RE: Waterways Application No. W99-9152— 10 Blaney Street, Salem Deaz Mr. Sprague: The city of Salem would once again like to thank you for the opportunity to comment on the above-referenced application for a Chapter 91 License filed by Goldeneye Corporation. I would also like to thank you for conductin� a very successful public heazing which raised much public comment and concems over Goldeneye's proposal. In my letter of March 8, 1999 to you, I stated my objection to this proposed project. I documented why the Goldeneye Corporation proposed pier is inconsistent with the Harbor Plan. I also petitioned to intervene to become a party in these proceedings. I am requesting that you please include and serve copies to my office of all correspondence, public hearings, site visits and other opportunities to properly comment in this process. Also, please update my office with the DEP timetable for review of this application. As stated at the Public Hearing, the city of Salem Conservation Commission has significant concems that are both in and outside their immediate jurisdiction as mandated under 310 CMR 10.00 et seq. The Notice of Intent Public Hearing currently before the Commission is substantially incomplete. At the request of Goldeneye Corporation, the Commission granted a continuation o£its Public Hearing into June to allow the applicant additional time to submit requested information and make proposed by Goldeneye changes to their plans. At this time, I request that the Chapter 91 License review be tabled until all of the requested information and plan changes are submitted to you to allow for proper consideration of the Waterways Application. Please do not issue a Chapter 91 License until these concems are addressed by Goldeneye and until an Order of Conditions is issued by the Salem Conservation Commission. Many of the Commission's concerns stem from a general lack of information and conflicting information which has been both submitted and stated by Goldeneye Corporation. SALEM CITY HALL•93 WASHINGTON STREET•SALEM, MASSACHUSETTS OI970-3592 •978/745-9595•FAX 978/744�9327 •� i With this letter I am providing a listing of Conservation Commission comments submitted to MEPA and additional comments read into the record at the Waterways License Public Hearing on Mazch 24,1999. ' Comments of the Conservation Commission submitted to MEPA are as follows: • Increased impervious surfacing • No use of any Best Management Practices (BMP's) for sediment, sheetflow, and pollution control • Insufficient stormwater management • Resource area shall unnecessarily receive solid and fine material • Air born dust from roadway and pazking lot not controlled • Chronic grounding of freeboard floats, barge, and floats as proposed should be studied • Historic and proposed taking of Commonwealth lands with no provision for public access along waterfront " • Discussion of fueling operations is insu�cient • Determination needs to be completed if proposed repairs to seawall ue proposed on a Historic Seawall • Access to site via White Street has received conflicting statements • Portions of proposed work are shown to be on land owned by others (US Generating Plant) • Lack of information of impacts of bus traffic and idling time on resource area • Unauthorized fill and proposed mitigation not yet resolved • Conflictin� statements that the same improvements aze tempotary, interim, AND permanent The following additional information requested by the Conservation Commission was read at the Waterways License Public Hearing,which should be submitted to allow for proper review, is as follows: • Submission of original, existing, and proposed topography, • Clarification of the number of boats and boat trips per day, • Boat wake impacts and damage to partially constructed bank, • Clazification of fueling operations, • Dust control plans, • Drainage calculations, • Stormwater management plan, • Granite curbing changes proposed by Goldeneye to be conected on plans, • Vegetated swale proposed by Goldeneye to be added to plans, • Best Management Practices to be utilized, • Clarification of treatment of 8' wide walkway, • Clarification of existing pavement to be removed and treatment of new pavement, and • Documentation of strength of pier with maximum boat loading. Several Departments in the City of Salem and other City representatives have reviewed the plans submitted by Goldeneye Corporation. MEPA received several letters with comments and concerns pertaining to traffic, parking, the types and number of vessels proposed to be landing at the site, access issues, and storm water run-of£ I understand that these letters were . r forwarded to you. If not, I will gladly gather and forward copies to you for your review. Please include the comments in the letters in your review. Again, the city of Salem would like to stress its concerns pertaining to this project's inconsistencies with the proposed New Salem Pier Project and the general lack of information and conflicting information. Please contact me at(978) 745-9595 extension 201 if you have any questions. Thank you for your assistance in this matter. Sincerely, � Stanley J. Usovicz, Jr., Mayor cc: John Simpson, DEP/DWW, Boston Jill E. Provencal, Division of Wetlands and Waterways Salem Conservation Commission Craig Wheeler, City Planner William Wholley, Harbormaster Conwm/misdmayoAEPchpa9l-yoldeneyc � _r ��ONxD�IT� ^ gry '"'"" 'Q'm r� � < . f //��\ 'a : o V '✓'�C/�� CITY OF SALEM, MASSACHUSETTS � O F� p �v� � ,�.��'��+" STANLEY J. USOVICZ, JR. f � . ..�*� n,� MAVOR . �`QJ'7 ��. � '�,�+ y'' A �.i� \"�e Q�y� � U, �� '•!'�5 ' . �� , {'p � March 8, 1999 a�e 5 Mr. James A. Sprague, Section Chief Division of Wetlands and Waterways 205A Lowell Street Wilmington, MA 01887 RE: Comments of Application for Chapter 91 License Request to Intervene as a Pazry Goldeneye Corporation Waterways License Application No. W99-9152 Dear Mr. Sprague: The City of Salem thanks you for this opportunity to comment on the Application for a Chapter 91 License filed by Goldeneye Corporation (the "ProponenP') for the construction of a Commercial Boat Terminal (the "ProjecY') at the foot of Blaney Street in the municipality of Salem. The Proponent is seeking authorization to construct and maintain a 100 ft. by 60 ft. pier with 155 ft. by 15 ft. walkway, a 100 ft. by 40 ft. barge with double gangway and ramping system, a timber dolphin, 1880 SF of floating docks, 3 gangways, a 60 ft. by 40 ft. terminal building and 203 parking spaces for commercial boat services. A public heazing is scheduled on March 24, 1999 on the ProponenYs Application. On behalf of the City of Salem, I must state my objection to the proposed project. Our waterfront is an impor[ant part of our City's heritage and provides open space and public access to residents, boaters, fishermen and the many tourists who visit our City. The City does not support this project because of its potential impact on the surrounding neighborhood and its location at the site of Salem's proposed $18 million port expansion project. Salem's proposed pier project, the New Salem Wharf, has been in the planning stage for over five yeazs and is a siguficant economic development project for the City. SALEM CITY HALL•93 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970-3592•978/745-9595•FAX 97B/744-9327 ,� : Mr. James A. Sprague, Section Chief March 8, 1999 Page 2 The Salem Harbor Plan clearly documents the economic benefits to the City of the construction of the New Salem Whar£ Salem's project has also been the subject of over $240,000 of engineering studies and investigations, funded by the State, to determine the suitability of the site and surrounding area to accommodate the $18 million dollar project. Massachusetts Coastal Zone Management is cunently in the process of completing a sampling plan and suitability determination for the dredging required for the New Salem Wharf project. The Proponent's application for their project is incomplete. The most glaring deficiency with the Application is that the proponent has not provided airy analysis of traffic impact to the residential neighborhood where this project is located. The project should not receive any state approvals until the traffic and parking impacts of the proposal aze fully analyzed and addressed by the Proponents. The Proponent has said that the traffic impact would only be in the order of 400 average daily trips (adt). It is likely that the facility would generate a much higher traffic level. Since the Proponent has not, as yet, provided an estimate of the numbers and types of vessels using the proposed pier, the traffic estimates have little basis. However, work performed by the City's consultant shows that the traffic generated by such a commercial facility could be much higher than specified in their application. The Proponent also states (on page 3) that the proposed "pr�ject is an important step forwazd in advancing the goals of the City and provides an incremental, logical progression forwazd while the future of the lazger public study project is debated, planned and taken through the permitting process." On the contrary, the construction of this commercial boat terminal will hinder the advancement of the public pier project proposed by the City. To the extent that the ProponenYs project is not physically compatible with the configuration of the New Salem Whazf plans, it will likely restrict the advancement of the important public project. Similazly, the ProponenYs project, once occupied and in daily use, will probably result in a natural reluctance to its removal to permit construction of the dredging and public project. This is likely the case because the first step in building the New Salem Whazf will be to remove this very expensive pier structure and buildings - and to displace the existing terminal users at that time. It is probable that the construction of this project will impede, if not stop, the construction of the New Salem Public Whazf project, which is part of the Hazbor Plan. Therefore, I do not believe that the ProponenYs premise that this proj.r,ct is consistent \ w Mr. James A. Sprague, Section Chief March 8, 1999 Page 3 with the Salem Harbor Plan is correct. In fact, one could argue that the opposite is true. The construction a f the applicanf's propased pier u inconsutent with the xarbar Plan. Lastly, our waterfront provides open space and public access for our citizens. The privately owned pier does not serve a proper public purpose and would be detrimental to the larger public purpose. As Mayor, I am requesting a complete review of the Proponent's project by the Salem Hazbor Planning Committee as to whether the Proponent's proposed plan is indeed consistent with the Salem Harbor Plan and the New Salem Wharf proje;,t. I am also asking for an independent study of the impact of this Commercial Boat Terminal on chis historic neighborhood and the cost to the City's New Salem Wharf pr�ject. It is my hope that you will consider the City's efforts to explore these areas as viable and substantive. Therefore, I urge you to forego granting a Chapter 91 License to the Proponent until the City can complete its studies and render a determination as to whether this project is consistent with the intent and goals of Salem's Harbor Plan and the public interest. On behalf of the City of Salem, and in order to preserve the City's rights, I hereby petition to intervene to become a party to this proceeding pursuant to 310 CMR 9.13(4). The City thanks you for the opportunity to comment. Very truly yours, Stanley J. Usovicz, Jr. Mayor SN/jp cc: Leonard F. O'Leary, President, Salem City Council Craig Wheeler, City Planner, Salem Hazbor Planning Committee Walter Power, Chairman, Salem Planning Boazd U.S. Army Corps of Engineers �� '; ` COMM�IVVEALIH OF MASSACHUSETTS __ �, °-� ^,�u ��° EXEC[JIIVE OFFICE OF E�IVIRONMENTAL AFFAIRS ° -- DEPARTMENT OF ENVIItONMENTAL PROTECTI01v � � �,�';: Metropolitan Boston - Northeast Regional Office . �aiBT� ��U;�f:::';:� ✓v��s ARGEOPAULCELLUCCI Gorcmor . BOB DURAND Scc(ctary IANE SW4T DAVID B.STRUHS Litutenmrt Govcrtar Cpmmi55ione� r,u. xot��c si� • - APR 1 6 1999 do Goldeneye Corporation 4 Blaney Strcet Salem, MA 01970 -- RE: Waterways Application FIle No. W99-9152 Dear Mr. Blair: Thank you for your letter of April 12, 1999 pertaining to your request to continue to run a ferry service and pmposed harbor toiu service from the Blaney S�eet site in Salem Hazbor. As stated in our letter to you on Apri19, 1999,the ferry service is considered by the Department to be a change in use&om that authorized under license no. 4916 wtuch stipulated the use of the site as a facility for the maintenance and construction of marine related structures. It is the Depar�ents' determination t6at the use of the site as a parking lot for the ferry and hazbor tour service as well as the use of an unauthorized building to support these mvices is not in compliance with the exisiing conditions authorized under license no.4916. The Department can also not allow this project as a minor project modification as stated in 310 CMR 922(3)(b)as we consider your proposal a significant deviation from the original use stated in license 4916 in terms of fimction, chazacter,duration and patronage. Under our regulations the definition of a substantial ch�ge in use means a use for a continuaa period of at least one year of 10%or more of the surface area of the authorized or licensed pmmises or structures for a purpose unrelated to the authoriDed or licensed use or activity. The Departments' position continues to be that the ferry service and proposed hazbor tours will not be able to commence at this site unul a new Chapter 91 license is obtained. In order to obtain your license the following information needs to be pmvided to the Department: This informatiou is availabk in alteroate tormat by cslliug our ADA Coord'mator at(61'n 574-6872. 205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fax .(978)661-7615 •TDD#(978)661-7679 � v�.aea m a«.y�a a�s , W99-9152/Goldeneye Corp. Page 2 - Order of Conditions from tbe Salem Conservation Commission - Planning Board Notification Form -Zoning Boazd Certification Form Once the Department has obtained the above information, we will diaR and issue a written determination either supporting or denying the project. There will then commence a 21 day period in which time anyone who submitted a petition to intervene or the applicant may review the determination and request an adjudicatory hearing. If the Department supports the project and does not receive any requests for a hearing a license will be issued. The Department is aware of the time constraints that you are facing and is more than willing to work with you,the City of Salem and any other parties to resolve this as expeditiously as possible. S' rely, ames A. Sprague " ' Section Chief I?ivision of Wetlands and Waterways cc: Mayor and Ciry Counci] Salem Conservation Commission William Whooley, Hazbormaster �Apr 12 99 05: 04p Bo Salem/Hob Hlair 9787406771 p. l , . Goldeneye Corporation 4 Blaney Street Salem, Massachusetts 01970 USA James A Sprague, Section Chief Division of Wetlands & Waterways MA Dept. of Ernironmental Protection 205 A Lowell Street Wilmington, MA 01887 Aprit 12. 1999 Dear Mr. Sprague: In 1996 the Department of Environmental Protection approved Watervvays License Application: W95-3975 and issued License No. 4916 for the Salem property which we purchased from Thomas Mackey and Sons inc. in 1998. This license afbws for maintenance and repair of the flll and seawall portions of the property as wee as allowing for certain uses upon it The license states authorized uses to include: 'to provide a facility for the construction, maintenance and repair of marine related strucfures and uses accessory thereto." In 1998 we were pleased to provide the use of this property to the Gty of Salem for the estabiishment of ferry serv+ces to Boston, which was funded through funds provided to the Ciry by Massachusetts E.O.T.C. This proJect was very sux�ful, carrying over 60,000 passergers in four months of operation. Consequentiy, we have applied for a new Chapter 91 License in order to construct an enhanced marine faciliiy to accommodate the ferry use as well as other marine related water dependent functions. This application is in process and u�der your review. The undisputed improvement in the condition of our property and its increased ability to provide pubtic access to tt�e water as weil as ri►e public benefds derived from waier uansportatio� are important to the region. We belleve that this minor modificatan to our property �s consistent with 310 CMR 9.22(3)(b), and we tl�efore request to continue to urdertake the change of use in order to maintain ihe enhanced public benefit which was detived in 1998. Further that these minor modficafions which are still existing oonditions on our property represent an insignificani deviation from the original use statement in temis of character, function and duration. Additionalty we believe that the minor mod'rfication to the present license is of a temporary impact and becomes moot as the use is inherent within the Chapter 91 application#W99-9152, and that this application process will be resolved in the coming months. ' npr ic aa ua: u4p Bo Salem/Bob Blair 9787406771 P, 2 .. . . � Per our written agreement with the City of Salem in June of 1998 the City accepted responsibility to: "The Ciry at its expense will obtain and mainiain in effect all federal state and local licenses, permits, and approvais necessary to implement these requirements.' To this end the City of Salem contracted Fort Point Associates and Nucci Vine Associates to design, permit and install the appropriate facility. It has come to our recent atteniion that there was an apparent ladc of proper permft follow through wtth your agency as it pertains to the Chapter 91 law and 310 CMR 9.00 regulations. We are seeking to correct this situatlon. Our intention is to operate a Boston - Salem ferry serviCe and local harbor tour vessel from our existing facility until the future of our pending application for a new facility is determined later this year. The e�tisting faciiity is in compliance with al! other local and federal permfts. Thank you for your kind attenUon to this matter. Sincerely, ;, -, ��.a—�. Bob Slair Goldeneye Corporatlon � T � COMMONWEALTH OF MASSACHUSETTS I �'' EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS -,, a , ; DEPARTMENT OF ENVIRONMENTAL PROTECTION - , ,` �Metropoli�'ta'� Boston - Northeast Regional Office �� ARGEOPAULCELLUCCI A�'i� Q � ��,;� Governor P� . BOB DURAND Secretary JANESWIFT SCaIP�PTS +�ti�'�I't"-.�`�� E��Pt• � � Lieutenant Govemor DAVID B.STRUHS � ��q _ � ��999 Commissioner r< Goldeneye Corporation c/o Bourne Consulting Engineering 184 West Central Street Franklin, MA 02038 Attn: Ronald Bourne RE: WaterwaysApplicationNo. W99-9152 Dear Mr. Bourne: Thank you for attending the public hearing for Goldeneye Corporation in Salem. Subsequent to your presentation and the written and oral comments received and heazd, the Department has ;. some follow up questions that we wish for you to address. ` _ - Please outline the parameters of the project. This would include the number of vessels utilizing the site, the services that they will provide, the number of trips that each vessel will be taking on a daily or hourly basis and the average size of each vessel. The Departmentrealizes that the services provided initially may be expanded in?he future. Therefore, we aze requesting that you provide us with your projections on future services at the site taking into account the capacity of the facility to function within its limits. I - Please describe the uses that wiii be provided ai ii�e fcr.y tarrninal buildir.g. A!so please make a note on the mylars that this building is of a temporary nature and not be built on a permanent foundation. . - Please illustrate on the mylazs any landscaping to be provided along the public accessway including any benches, lighting, trash receptacles ect. Will the walkway be gravel or asphalt? -Please show on the mylars which areas will be paved with asphalt. -Please submit the authorization provided to you from the Salem Fire Department for the fueling trucks. _ This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St Wilmington,MA 01857 •Phone (978)661-7600 •Fax (978)661-1615 � TDD#(978)661-7679 id Pnntetl on Recycletl Paper I f �_., . _--= = W99-9152 Goldeneye Corporation - Will there be a pump out facility located on site. This is not a requirement,just a question. Thank you for your attention to this matter. Should you have any questions please contact Jill Provencal at (978) 661-7778. Si cerely, 1 ;� � � /; � !�. � �Uy� (1�— ames A. Spr I� ! 1 . Provencal Section Chief �nvironmental Analyst Division of Wetlands and Waterways Division of Wetlands and Waterways cc: John Simpson; DEP/DWW, Boston Salem Conservation Commission William Whooley, Harbormaster ��- . — � �itp of �iarerrt, �a��ac�ju�ett� �` , � �ub[ic �ro�pertp �e�artm��cEIVED �� uiCDing �8e�artment 1;'�� JL�L 22, ��i 8� 32 �ne�+alem�reen � (978) 745-9595 Q2xt. 380 SALEM Peter Strout PL,nf4N11VG QEPT. Diredor of Public Property Inspector of Buildings Zoning Enforcement Officer 7/21/94 i,>cf SaI�:� Conservation Commission Rc: Golder,eye Feny 10 Blaney St This is to inform the board that Goldeneye does not have the proper permits for any struchues temporary or permanent and is not in compliance with the City of Salem's zoning ordinance. As faz as we are concemed This use is il(egal and the board should not be entertaining any requests at this point in time. I would also like to bring to your attention that the state access board has contacted us relafive to this site no[being accessible. For further information on Utis matter please contact my office. Sincerely Peter S Building Commissioner r: .� ��c 184 West Central Street �� Bourne Consultin En 'neerin Pranklin, MA 02038 � g Si g Ronald R. Boume, P.E. - Presidertr Tel. (508) 528-8133 Fax(508) 520-6671 e-mail: bca@boumece.com May 24, 1999 Salem Conservation Commission . One Salem Green Salem, MA 01970 ATTN: Mazk George RE: Goldeneye Blaney Street (BCE98204) Subj.: Notice Of Intent for Ferry Termival File 64-290 Dear Mr. George: Please find enclosed and attached our submission to the Salem Conservation Commission for additional information, as requested, and a faac of Mazch 25, 1999 by Stephen Dibble, Assistant Planner for the City of Salem. The information requested consisted of the following: 1. Topography of the site including original, existing and proposed Original Plan by Boume Consulting Engineering (BCE) shown on Sheet 1 and computes to be approximately 380 yards of fill. This does not include volume material consisting of debris and rip rap stone that were removed from the site. Those quantities are unknown. The existing topographic survey of plan prepared by County Land Surveys, Ina See proposed grading shown on Sheet 3 as part of the Phase II plan submission. This grading reflects a change in volume of the site of 31� yards of fill. 2. Copies of Chapter 91 and Army Corps of Engineer Applications These submissions have been included in the package. 3. Clarification of Number of BoaUTrips Per Day Goldeneye proposes to have ferry services at this facility and anticipates, at this time, approximately riventy (20) roundtrips per day. This service will consist of a mix of ferry service to Boston, harbor cruise ferries; as well as water taxi/launch services. 4. Refueling The proposed refueling of the ferryboats will be done by a fuel oil delivery truck that will extend the hose directly to the vesseL No storage of fuels is proposed onsite. Refueling operations would occur afrer hours. � , ; Bourne Consulting Engineering Mr. Mark George May 24, 1999 Page 2 of 3 5. Dust Control Plan The dust control plan will consist of installation of three-quarter inch stone on the main travel surface throughout the site and the installation of Lynpac and/or tluee-eighths inch stone in the specific pazking areas. The site will be monitored during this season and maintained, as necessary,to minimize dust. 6. Clarify Boat Wake Damage to Bank It is not anticipated that the proposed ferry utilization will have an impact on the shoreline through boat wake. The ultimate project would call for rip rap along the perimeter of the site with annor stone, but would not be preformed unless it was determined that the Salem PoR Project was not going to impact these areas. In the interim, the outside cornec of the site is proposed to have armor stone placed on it as a protective measure, as it is the most likely area to be impacted by wave and wake action. 7. Drainage Calculations Drainage calculations have been have been perfortned and are attached for your information. 8. Storm Water Management Plan The storm water management plan has been developed for the project and is attached, as ' well as shown on Sheet 3 of Phase II e(ement of the project. 9. Clarification of Granite and Curbing on Plan No granite and curbing is proposed at this time and the note has been removed from the plan. Protective stone has been placed along the perimeter of some areas for protection of trees, as well as separation of parking and pedestrian walkway. 10. Vegetative Swale As part of the Storm Water Management Plan, a vegetative swale system has been incorporated into the water quality swale for the removal of suspended solids and can be seen on Sheet 3. r � Bourne Consulting Engineering Mc Mazk George , May 24, 1999 Page 3 of 3 1 l. Best Management Practices(BMP's) The Best Management Practices have been incfuded in the Storm Water Management Plan in the site grading for cuttent use and the specific elements of it are attached, as well as shown on Sheet 3. 12. Treatment of 8 Foot Wide Walkway The perimeter walkway has beea extended from property line to property line a�d consists of ' a stone-dust surface that has been reconstructed with a perimeter stone and re-graded to be level. Also incorporated, modifications at top of slope to prevent erosion of the top of slope and walkway. 13. Identify Existing Pavement to be Removed The existing pavement has been shown on Sheet 3, as we(1 as the section that will be removed has been illustrated. 14. Strength of Pier with Full Loading The strength of the pier will be sufficient to meet 100 pounds per square foot loading, as well as HS 20 of loading, which constitutes the standazd design loading for all highways and bridges. I hope the above is satisfactory for your needs. Should you have any questions or need further information,please do not hesitate to contact us. Resp lly Submitted, B RNE CONSULTI G ENGINEERING � � '��,�� ^�� Y� Ronald R. Boume, P.E. President � Attachments/Enclosures Cc: Goldeneye Corporation � , e�,,y ,>� ' �`�- � I na � _ -�.�' u.w `E,� � Aid •na� � � . • .` � :u�� •iaa .inn�•/' :i. '\ � _ /��za � :i "ziuw .\ � .� .uy � .u.w . an�„"��am '\ . � u.io. � ' � z�vi d�am �,.� ' . �y � � 'I �" `"`� - N/F NEW ENGLAND POWER C0. :Au , ,n . . �F (� I, � Y4� """" '>,Q'xw '`, \� .�u ,�'. - � •ian \ � `��.� _. " '°' v¢u\ A. A+aa. ' �.�rnev `�� • � ••m ' �b�,,�� , \ �' ORIGINAL CONTOURS � '�"�,�� •, OVERLAYED ON THE EXISTING CONTOURS i � °' ;'�A ��">, VOLUMN DIFFERENCE 315 CUBIC YARDS d� �� —' ' ' . _ / a . �' :v.w `K:. •nn .�aw � . � ; EwST�nG cR,w�lE wM1LL _ -�.n�:. � . : � e J � � • ,.� .-�'" ,�q� �� -au ,'�. 1° �'� i inu - t00' 9UFfER 2IX1E BWND/Jtr � a-an ��Li.. 'i�0a . iuu ER �,/;� .aro;,' qcu �.» ; c� \ / " \ -.A , ."- : , �� xwss ��a 'w �.ie 4' �nm �� \�1 ��R�` ;� �\Y. QII .�. X-Sti.��``�`�: I x-aie .:Y:.. � . / 9 � ElIISTING 91T,CONC.SUflFACE a 2 :� �``\`:��t�.� . N/F HAWTHORNE COVE MARINA INC. � � .' ��,��.��; "' � �'� .t� `0� E%ISTNG CONtltEIE PBUMENT •-x�o =.. �'x�r.iT. �� ,��` ` _,�-` � � � D'wP . LidY �� •xJt ,A`:� � �` • MEN!NIW WATER i Y5M' . i�Sta�`��::� �, \ J0.VA�AY � -MIJ\�� ` o� H LM �':�'`_ � � �`;; p �...Ji�Yb-. . \ '.�, �'R:i, � v` ass �',� ;�,- "�'-- ' � �', nQ . , , � �.; \ . +t -.a .,., , • ,.'�`�-' \ �+ts ',�i�.�; �`•� �-3!v'sw 'y�W� -�-�.m '., '. �., � :;. •'- '.�'. �'�:;,..` '-"� '� ""__'_""_-_ _ i:' i� � '�"u-b#ana.a';.;;:=L,S�=��. -�" � \ �n�cn ;-r" " \ ��,, ��_�"_"_.:"-'dv�: \ „ \ �'�x_aw ''_'_vn=% \\ \ . .::':' ' .+.m � � ' '4�/Y . \ \ ' � V .""' . .' �'-. � �.wn "" "___"_""__r:e:n �' � __"""_" :-�o� \ ' �� :-e.v� :-e.w a-a» �� :<n \ � :-aa '_" \ a \ .-nv \ .-e�i w-am\\ �t� � .-1� ._e.v . �8 \ a�'�'-�aaan. '`'y�, `� UPDATED CONTOUR COMPARISO m aou�r �, � �yyd ; � SALEM FERRY TERMINAL � 4 BLANEY ST. �ores �O'a� � SALEM. MA �snncu oniuu: � �[�,� \� FOR: GOLDENEYE, CORP. RY N AS DESOtIBm CN �. E. M. A.f100D INAIRRNCE RAIE MAP /250t02-0001-8; � .�� SWTI ESSE%gWAGE d51FICT BpIdIMMK 019(, STANPED 'S. E 5.0. �I" MAY �999 SET IX CIXIUVEIE Yp1VA1ENT. iLU91 WlH GPWND. dl PROPEfitt 0� '1 � SMDI IERHIMII CWGANr,NEM CORNESt Of NEBB SIREET u�D DQtBY SifiEEi. r ��,../��,. 80.MOMY OATA TAKEM RVON �PLV1 PrtEPMm FOH GaDENEYE WRG. � �1 J��BOO�R� CO�u�u�6 ��S BY Cp1NTY lAMO 91R�ET5 INC.. O�iEO Y➢TENBER 39. 199fl L`L �\_ �x�m�� FJOSIIHG LIXIMlIW3 TAKFN fROH A PVH PPEPARED BY � � ��— Ii MI��a ii[leW maa� COUNiY lINO AIR�EYS, IHC., ORlEO MAY 19. 1999. iII�ED, E1O511NG LdiDITONS PLAN AT�BLNIEY S1REEi l9CAlE01N SPLEM,MA PIVEPAREO Fqt GOLDFNEYE CORP. FOR CON ERVATION COMMI SSION � �w`�� A� DRAWING NO. 9820L-0 OIiENQ1Cf Pl VOLUYH BETNEEN ORICANAI CONTWRS ANU E%ISTNG �E�K�: ppq IS SIS a&C YARpS SUBMISSION ONLY � ' °""-w� �`"°�o \ REVISIONS onrz: sixi9s SHEET 4 OF 4 ' r I // LOW WAIYQ dl 10-8-98� It00'BUFFEA ZONE BWN�MY� uE�N wGN W�IER � � _'/ / �� N/F NEW ENGLAND POWER C0. � __ _ _ _ _ _ — — ZOXE �� — / ELNLO YNIOEOIICH �1 `I —f './ "" -' ' .. / —_ —��.��i�_ 1 ' __ , .. -'� , OEGETAIED SWM1LE "� OISOIMCE �•��' _ / � ��- -__ -- � - / .-�.- : ;, � // �• �� — -~— --.-- � ��:�f�� -aiicoaiwaHausrtn � � � -- �__, �� `�'��:,, �� _ � r,�, .,z— - , �;� o, ,,,. __� ,�,,,-- , , , _, , -� � .. . , , _ : .. _., ��o ; ,_ -�" , � � �_,�`�' "' � !;?;;� �'� � , �� ---------- ,o � �_ .�� ; / � -- � � , .,�„ •-, - --- �Is / � .t .:� . .-. .... . �' - - �� / -- �- - - - � �� .t _ � e -=...-,.,,.:„� ' , � � � '� "_" - '_ - - -_- --- _' I I � _ __ __________________ _____________ __ _ ______ ___ _�__"__ __ _ _ _ _ "� ARMOF SttINE :-'�. :—.—` � —�ai _ _ v __ n I . ` i _ __ __ _ _ _ ___ _ ---_--"_ PLACED : � __""___ -_ ____ ___ � • I �I�ti ____ _ ______ _ _�3_�G�� h ��'h�'S. � _"' '_"__ _'_ _" '_ "'_'__ a 2 ____"_'_"'- _ _." ` ' . =. , , ' , ' ___7=""_'"__""___"": __ � , B NEY STREEf � ' �`- ' ' _ -�� , ' . ' ' ""'___"'_"' ." "" � � �.`' "�i o ti . ", __1______ _"_"______"" --_""" " � YEPTCAL OANN: _ _ � ♦ /I �' I i� E'N10E 90EWM% � �' SWiH ESSIX SEWACE OISIPICT BENdINMI( 019(. $TANPm �5. E. S D. /3�� } ' ;'� RNT/3 ASJO�ESCRIBED Orv�F.TE uuA OOO INSUFANCEPAtE NM i 5 01 0 2-00 01-B: I `T i �� 0 SAIEN 1FAYINNL COMGANY, NEM CORNW QF NEBB SIREET ANO �ERBT SIREET. I 2'N10E �Iip1 ( �-� I I � � � _ � � � '"�„_ � � i i I I _I ' ` ' """.__ _ � � � ---- ='� ��;� ', , - �_- -__- -- ___ - _ �_ � �" - - - - - - - - .._ ''_�� .I' ` . /WHITE STREET \\ ��r�i['n sw�� i[u� � OISdMGE $ONE V3 � --'�� ELiI].0 � � SITE PIAN - PHASE II N/F HAWTHORNE COVE MARINA INC. �+a[n 'ol r�osnrvr.cnnoE � � m+raw,y � SCALE �'� {0'-0' - / PUCED MMOR EL �10.0! . � ' STONE-(10008 MIN� E%ISTNG fFNCE �'� �MMW+{.B3 R RFMOVE CONCREIE SU85/Si0rvE5� �- - WALNWRY E YEfETNIED SWAIE F WALKWAY E �� ' i1HI5X IXtME SEE OETAIL } � SEE OETNI J ¢E OETML 3 PflIOF TO FlLiER fABPoC INSTALLA➢ql �. GRAVEL BNSE /e NCW +0.0 _�� E%ISTNG STONE WFLL E%ISTNG GRNOE �E%ISTNG SHIX2ELINE PROIECiION iiLL iRREGULAR AWE N1M J ��<-� E%ISTNG IXUOE EL +IO.Ot EL +10.0Y STaNE FlLL PFIOF TO � MLW-!IS � E%6iING GRA9E E%ISiING GR,NE - PLACEMENT OF 1lLiFR F/9RIL FlNISH GpAOE AT�ADE P1'C{'UNDQELATEit FlLIER FABftIC � 4EG TAiED SWA �NHW Fl93 �MHW il.B} STONE 3 SEE DETAIL = CRPVEL BPSf _ �� SECTION rvcw .a.o �� SECTION ncw .a.o � SECiION � `'J — a HORIZ. SLNtE 1'� 20'-V ' � NLW-4.15 HORIL SCAIE 1 s 2tl-0' . N�W-413 HORR. SCAIE: 1'- 27-V KRT. SCAIE: 1'� 10'-0' KRi. SCME: f� 10'-U YERi. SCAIE: 1•- 10.0. C � �EGEiAIED A�PE 8'-0' Vlnl41 GRaOE ��P� SW�1 EL �1o.5t CON11NW5 RECONSiRUCi i0P OF AOPE Po1H EOGE STONE (TP) CON➢NUOUS EOGE STONE EL. +9.]St El. f10.Ot , ��i �� " ��,., BOTTOM OF SW�LE , ... ,,,..- INSiRLL BLLEP GABRIC EXISTNG 410REt1NE PROIEC➢ON - � �z �v� _ � EwSnnc s�aFE�NE CONTNUWAYALONGmGE �� -� � �f�,M,��,q(��`�'Fi�,; ., PROiEC➢ON '. r" f�� <.:� NJ BARF�ER WALKWAY VEGETATED SWAIE - SECTION �2'GERNWS q2Al£L NAIERIAL 3 sca�: i/a•� r-o' O O � sc,ue: Vz•- r-o' VEGETATED SWALE — ELEVATION � n 3 SCAI£ 1/3'� Y-0" PHASE II ��,`" oF'� SITE PLAN � - �� N� �, SALEM FERRY LANDING �F�� » � GOLDENEYE CORPARATION - A9 q 3 2 BLANEY STTREET, SALEM , MA - �o F S1EP MAY 1999 FSS�� AL E�� Boume Consa/ting Eapeeeriag noc o.cvnnary lf�.f-i �: �r.�.a�.w� � ' �aoy. n.000 ai3.o ,�`� �a��m-un i:�n.ua.-:n. MHW a6Bd n.c.v.o. �o.o o w eo j onnww: oi.0 FOR CONSERVATION COMMISSION SUBMISSION ONLY N�W "' � cHEckEo: oanwiNc No. eazoa NLLW �.a9 SCM.E: �' � b'-0� . MPfVOVEO: = REVISIONS aTE: �5��99 SHEET 3 OF 4 � s I 100'BVFTER ZpIE BWNDMY // LOW W�1FI�dl 10-fi-88 � E%ISi1NC PAYElAQ1T TO BE Rp10�E0 � MEAN XICX WAIER � / �� N/F NEW ENGLAND POWER C0. y,b•�N�p / ensnxc v�vdcnr _�� -- - _ _ __ _ ZONE .0 OUMGSIER _i �•;,. , , ' / ELr11.0 ��. . i'"..,�� . „______ ' . • "� 2 / �� ---- - —_ ' ,% / �'— —��"�� .. ' _ _ N / // / - - ___ -i.C__.r __ ___J ' Z, , ,� � w/a��mc[eouro / / XMIP � / � ✓ 30.57 RNT - � ' �,� -"'..�z-� .- . �'�� raicrs u�aort auH � . ,� o �� `. ' �' '". . Ij ; _ ;, ; j/l'; h,' ti- � "^r ; _',_,�pV %,' �`, A .�7 i I ; ' - '��_________,'. 'O` � OAi ANQI ( ) p i �� • � ________ &I� � I ��—��— • , . 50'ROATRAtl � r . -�_, - ---- ------- - - . �� , '_-------=-=--=---=--_-__----___----- ---- - --- , -��---------..>.:: � � P � I - --"-�=-�9�'=-=- - -__-___- ------_--_`- e-==- __'-_-'-_--=-'__r_==:=-�-_---- ��' � '`\ c ;; , - _"' _ _ „ ; "" "' _' _ __"'"_"__"'""- , ,_ 'i---,."�--�-�"'_ _ _ '"______" _____'___-. 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Fl.000 INSURANCE RAIE NM i250103-0001-8; � I r , _ I I � . . , .,r, _�- — �`-------- I• � -- - � , ._aa__., --__--__-�_ — . �' , . , , , , , i „ , , . , , ,, �, : , , � � , •, i / 1'__'_"" ` ' , , � . e -- - - - _ �. �/��` � 1 L, �I - - -- _ - - - - - - - - ` / � � /WHI7E STREEf \` f �� ` / \ "_", ZONE v3 EL4�3.0 � \ �+^�n SITE PLAN - PHASE I m.xcia.0 � �1 N/F HAWTHORNE COVE MARINA INC. . � a'-a•rna eoni+o � . scr�£ �'-�o'-o' �7-0' � El. +io.ot zo.»,�. r� 50'RO�T GIJIGW/�T .�b-4 �NHW al8] � 1 J-�0'nl2'ROAiS �� PENOANi NG�D �0.0 w/a'FHEE BOnRO � -ANp10R OINN ' ANq10F BLOCK MLW-415 � WS11NG CAAOE �� G. �� FLOAT ELEVATION . �1 MOORING SECTION - NP z z — uu& r� za-o' sta.E '/e- Y_o• PHASE I ��,,,� o�� SITE PLAN _ p, SALEM FERRY LANDING � GOLDENEYE CORPARATION � BLANEY STREET. SALEM . MA q .70� . - y �� MAY 1999 , � d/ONA EN �Booroe Coosu/dng Engioeerieg - � noe c�[vnnor+ - - - tOp�. R00Dti].0 Y--/-� �aryya-��a�yl�-im NHW i1.8] N.G.V.O. 10.0 0 W 80 ORpWN: 0� N�w �'�s � CHECKEO: ORAWING N0. 98204 — FOR CONSER TION COM ISSION SUBMISSION ONLY N"w `'`9 s""E '' - '°'—°' °'°"°�o: - REwsiorvs �*E �5��99 SHEET 2 OF 4 :, r t - -- - - - ._ �:: _ _:.. � - -- ---' --- -- - _ „ . -- - --_-.. _ / _ � . , � ' / B� � A ' uw v � � �t' '• � FEMA - e/0 - S I n.n.''__'.{'�__-' ZONE A4 . �2� =4i � _, - . T,� ��.e EL.+11.0 ti�,�o . .ni. . . . - ' W ��T� • a 11.31 �.� ` _ ' ��.e/�Q' T 1 /• 11 •� �(/ �l�{/ •� . \ ; •ioa •mn�• •� r"" I v, ":i�� \ � FEMA .'�� ,� "n,' \ . . / ZONE 8 .'�/ . •n.w xm;I��-_�"' amw '\ . . . � � FEMA ZONE B�� ' n.io �� ' �l,u.n •3iai_ '�.\ ' � FEMA ZONE A4 ��'F : � % : ...� . %=.e� .� ; �� . _Fu� "�`� N/F NEW ENGLAND POWER CO. � � . w _:_ ``, ,w s � �', - •�am �1` �\/� n. �z:\\ �iza\ - \ s�, .�as. ' ' �'. ��la.. / ``�� R� / �� `.\ •\ -�� 1.f] x-4iT��• ��T �/� Y1CM�� // „ i�' `��`��\ •� \ p� ��- i6N / i�%-OTI `` `�ll��`` \\��. .n • � Y10.W \\ � -.�/ n ' r�omrvG crsualE w�u.L _ -�.ri�:.�,� `� '\ � \ !�5�� y �' o : '� ' �``�::, ay.l�'� _\�� . . " \ � �n ° " :..'�:.�na ' � .si_xm ��t�i � vim i�uie 100'BUVFER ZIXIE BWNUARY � / � •-an •�Ad:��` \\� � ��/ � �, '�n / .�`',::,,•, •_ � . . �,'�' . � N ; . ';�:. `,,,,_, •�; a.� .n.ie p-i.n -m ,A„�itm •iaw V ��•;- �\ \ ( -"'_ '_" `��i:';'; ; ,, '�ae� `�.�� oss ,.�'— �� \ ry as��,;�`.v;;:�: •\ \ /• / \\ .-a� � : •'.i::= amn �� \ MISIINGBIT. COlIC. WFFALE Pd � � �I-i � N/F HAWiHORNE COVE MARINA If�. ;,,�' �� . �v.,� � "' \ \ +�i� cwsnHcconc�n:�euiucrvr P.�//Oa�� \\�I \ .-x,o •_ .:xtiil` � . •�a . � =,m •:A�` -� ue,vr ww werea . F4'e�j�,P�' . ' n.a e.d• � =iaJ;�:� \� _'/�F . , \ �\ '-.. �.« � :',_.�.,': ..w 1 ` � :, e ��;;_;;;;;_ �\ �:�. 'x- �:.�a, ..�, _ / � ,D'F ;-e�w� ::``� �-�«::.:=e�w,_ _ _�.�o / \ �rs �i.�!`` �' x-ia ____""__""_' \ . �' ::i,�;:�'�'- _ -s.. J �. =��oa.n,.,,,;,�-_�� \ 'x�srt ` \ / \ �,- `�':i�na""':S=w=iw: \\ \ �, `•a_go „__vn-'' \ � \\ •-aiv ' " ' , � '��wx � � \ W \ � � . . \ __"" x-cn . � � � FEMA �...n - ---___ _.__- :-.0 � � � ZONE V3 \ x .�.w _ , . � EL.+13.0 \ -"� a-�n � Q� � \ �i-am - ' O=�jJ� \\ . . 1'� 24� \ .wss ,_., 44.�/P� � �\ � �.-w �F�� \ .-u� �� .-.��\ fy �� Z yy x-6U . `1\� QF��s �\ DANNIR.S�c�o � \� EXISTING CONDITIONS o GOULET °' � - � civu � SALEM FERRY TERMINAL No.3945 � 4 BLANEY ST. � �Oy 9F p � SALEM. MA NOIEi o f p� \� FOR: GOLDENEYE, CORP. YII111CAL O�IUM: L MAY 1999 RY N AS OESLPoBED IXI G. E N. A R000 IN9IFANCE R�IE NM (1�0103-0001-8: ' � SWM ESSEX SEW�CE d51ftICT BENOIYMN DI9S STMIPED'i E. S D. /3" � �,�,,,./�� p�./�,,�� . SET IH CIXICREIE YONUMQIi.FW91 N11N CflWNO.ON PRWQtIY Oi �C C��W�d �6��T+Wg SRIEN iEAMINAI COIV/JlY. NEM CIXiNEIt Oi MEBB 51PEET IND DERBY SiREEi. . ' ._ _ _ _ BOUNO/JtY O�iA TANEN fROY I.RAN PRFP,1Rm itlt COLOENEYE COfiP. �—.� R As!�a /�� ercanx�,wosin�rswc.oenngvrolemzs. isss FOR CONSERVATION COMMISSION � czsimc wr+mnws ruccn mou �vw1 vrteru�m er � ow"�: p� fAUHTY IAND SUpYEYS, ING, 011ED Y�Y 19, 1999, IIREp,EJGSIING CIXIWTOHS PLAX ORAWINC N0. 98204-1 ♦T�&ANEY$IR[[T LpC�1Ep�ry 5µp1, YA Pa�,�m ��,�«�,��P. SU B M I SSI ON ON�Y �� q t dCH-w R. MPqpVm: REVISION$ wr[: sioaias SHEET 1 OF 4 , Goldeneye Stortnwater Calculations Proposed Stormwater Management System Goldeneye Blaney Street,Salem DEP File No.64-290 TSS Removal Requirement � TSS Removal Allowed Forbay 25% Water Quality Swale 70% Channel Sump 25% Cumulative Removal 1)BMP t Forbay 0.25 2)BMP 2 Water Quality Swale 0.525 . 3)BMP 3 Sump 0.069 TSS Removal 84% Water Qualiry Volume � Tertninal Area Site Area 1.16 Ac Total Impervious Area 0.08 Ac (Roofs Included) . Using the 0.5"WQV=0.5'I 0.0033 Acre-Feet Using the 1"WQV= 1'I 0.0067 Acre-Feet USE TRSS VOLUME . Office Area � Site Area 0.92 Ac . Total Impervious Area 0.00 Ac (Roofs Included) Using the 0.5"WQV=0.5'I 0.0000 Acre-Feet Using the 1"WQV= 1'I 0.0000 Acre-Feet USE TRSS VOLUME Peak Flow from TR55 Type 3 Peak Flow Cubic Storm (CFS) Acre-Feet Feet TerminallCurrent t0yr 1.6 021 9,148 Terminal 2 Proposed 10 yr 1.4 0.22 9,583 � Office 1 Current 10 yr 1.6 0.16 6,970 Office 2 Proposed 10 yr t.6 0.16 6,970 Tertninal Water Quality Swale Volume 5625 CF � Infiltration(recharge)through bottom of Swale 500 R long x 2 ft wide= 1000 sf . Conservative infiltration's 0.6 gpd/sf=4.48 gal/sf Total inf Itration 4,488 gal=600 cf Terminal retention/infiltration volume of swale 5625 cf+600 cf=6225 cf Offce retention/infiltration volume 1600 CF Infltration(recharge)through bottom of Swale 160 ft long x 2 ft wide=320 sf Conservative infiltration's 0.6 gpd/sf=4.48 gal/sf Total infiltration 1,433 gal= 192 cf This volume coupled with the check dams creates sufficient detention period for removal of 80%TSS' 1of1 DEP File 64-290 Goldeneye Corporation Supplemental Information Requested by DEP Standard#1 This project is designed so that new stormwater point discharges do not discharge untreated stormwater into or cause erosion to waters. There will be no new discharge points from the site. The stormwater system for the site will utilize the existing drainage swale on site however the site grades and the swale will be modified to allow collection of the stormwater from the site,removal the TSS and rechazge the ground water. Standard#2 Post Development Peak discharge rates do not exceed predevelopment This is a site is subject to tidal action, therefore this standazd dose not apply. Standard#3 Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent possible. The proposed development of the site has limited the paving (14%)to allow maximum rechazge on the site. Staudard #4 Stormwater management systems must remove 80%of the average annual load of TSS. A system that follows the BMP with forbay (gravel parking) and water quality swales with check-dams that create a sump will be utilized on the site. The swales will have a highly permeable (gravel type material)that lines the bottom for infiltration as well a natwal vegetation on the slopes to enhance the removal of the suspended solids. Standard#5 The stormwater discharges from areas of higher potential pollutant loads require the use of specific stormwater management BMPs. This site does not meet the criteria of Land Uses with Higher Potential Pollutant Loads outlined in the Stormwater Management Handbook Volume 1 5tandard #6 Will t he project discharge or effect critical areas? There aze no Outstanding Water Resources (Critical Area) adjacent to the site. Standard#7 Is the proposed activity a redevelopment project. The proposed project is not a redevelopment project. Standard #8 Erosion and sediment controls are incorporated into the project design to prevent erosion, contro!sediments and stabilize exposed soils during construction or land disturbance. . Erosion control methods will be implemented (silt fence or haybales) during the excavation portions of the project. Caze will be taken to insure that any stockpiles of material aze protected from erosion. These will be incorporated into the construction documents for the project. Standard #9 An operation and maintenance plan for post development stormwater controls has been developed. This plan is incorporated into this document. - Operation and Maintenance Plan Goldeneye Corporation DEP File No. 64-290 Infiltration Trenches Maintenance Criteria After construction, the water quality swales should be inspected after every major storm for the first few months to ensure proper stabilization and function. ThereaRer, the swales should be inspected once a month. Preventive maintenance should be per£ormed at least twice a yeaz, and ideally sediment should be removed from the sumps in front of the check dams as necessary. Ponded water inside the swale after 24 hours or several days most likely indicates that the bottom of the swale is clogged. Swales should be cleazed of accumulated sediment, mowed, and then grass clippings, leaves, and trash should be removed. Accumulated sediment should also be removed from the swale bottom during these maintenance periods. '�. __�. . .�_� :. ... .._�....._.. .. . �. _..., p . .y..� . _ .. . _ ., t'.-_.�.*v � w�.'. _ _ .._ �.� __... . .. . �.. . . .. . .-. ,_ .._ _. _. _.... . . .. . . ,.i,s;,: 'nt}ti ... . . �_:,,:...,_..:,t:'=.._...e..�c_ - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL N0. 0710-0003 - (33 CFR 325) Expires 30 Sepetenber 1992 •.,�c reporting hurden far this coliectton ot inforrttatlon is astimated to average 5 hours per response far the majoriry of�ases,inGuding the tlme for��, i..� ewi instru i n n ct a s searchin existin data s u 9 , g g o rces,gathering and maintatini the data needed an � - � 9 d com le i � , tn and P , g reviewing the wllection of infartnation.�Applications for larger or more complex projeds,or those in ecolagically sensiativ areas,could take u � to 500 hours. p Send comment� � � regarding this burden estimate or any other aspect of this colleIXion of infortnaHon,including suggestions for redudng this burde,to Oepartment of Defense, Washington Headquarters Servica Directar for Infortnatlon Operatians and Projects, 12�5 Jefterson Oavis Highway,Suite 1204,Arlington,VA 22202-4302; and to the Office of Management and Budget,Papervvork Reduction Project(0710-0003),Washington, DC 20503. Please DO NOT RETURN your - completed Porm to either of these addresses. Completed applicatlons must he suhmitted to the District Engineer having jurisdiction over the locatian 6f the proposed activity. The�epartme�t of the Artny pertnit program is authorized by Section 70 of the Rivers and Harbors aG of 1899,Sedion 404 of the Clean Waters AC and SeGion 103 af the Msarine, Protedion,Research and Sanctuaries Act. These laws require pertnits authorizing aciNities in or aHecting navigable waters of the United States,the discharge of dredged or fill matenal into waters of the United States and the transpartation of fredged matenal far the pwpose af dumping it into ocean waters. InPortnatlon provided on this fortn wili he used in evaluating the application for a pertnit.Information in this appliption is made � a matter of puhlic record through issuance of a puhiicnotice. Disc:osure of the informatian requested is voluntary;however,the daW requested are � necessare in order to communicate with the applicant and to evaluate the pertnit application. If necessary informatlon is not provided,the pertnit apliwtlon pnnat he processed nor can a pertnit be issued. � . One set of original drawings or good reproducible copies which show the location and character of the praposed activity must he attached to this application (see sample drawings and instructians)and 6e submitted tot he�istrict Engineer having jurisdictian over the proposed activity. An appliwtion that is not eomplete in full will be retumed. 1. APPLICATION NUMBER (TO be d55igned by COrps) . 3.NAME,ADORESS AND TITLE OFAUTHORIZED AGENT Bourne Consulting Engineering 184 West Central Street Franklin, MA 02038 2. NAME AND ADDRESS OF APPLlCANT Telephone no. during business hours Robert E. Blair, Jr. �=^�den Eye Corporation . A/C ( )_ N/A (Residence) 'Concord Street A/C ( 508) 5 8-A13 (Office) West Gioucester, MA 01930 Telephone no. durnig business hours Statement of Authonzation:I hereby designate and authonze Bo im .one�Itina Enaineerina to act in my tehalf as my agent in the processing ot this pertnit application and to fumish,upan A/C ( 978 ) 281-3d35 (Re5id2fiCe) request, supplemental infortnation in support f the application � SIGNATIJR�,OFA ANT /� / �DAT A/C (978) 74c-3800 (Office) �\� � � 3i a. DETAILED DISCRIPTION OF PROPOSED ACTIVITY 4 a ACTIVITY � Provide ferry berthing and loading facilities that consist of: 1. Approximateily 145' x 15' long fixed pier to provide access to main pier. , 2. Approximatelly 100' x 60' fixed pler to provide access fo a handicap accessible float. 3. Approximatelly a 100' x 40' pile supported handicap accessible float. 4. Approximateily 10 10' x 20 floats attached to the fixed pier to provide passanger loading. 4 b PURPOSE This pierwiil provide handicaped accesable commuter and tourist ferry service to Boston and local waterfront sightseeing vesseis. This facility will provide year round commuter service and seasonal tourist service. 4 c�ISCHARGE OF DREOGED OR FILL MATERIAL i No inaterial wiil be dredged or discharged. „� � . . .:��_:. _.__.._._ . . . .. . . . . , .__._.., . ... . ... -.: , y -. : , _ ._:_.. _ . . _. . . .. : � � �-.��-� 5.NAMES AN�AOORESSES OF A�JOINING PROPERTY OWNERS,LESSEES,EiC.,VNiOS PROPERTY q�SO ADJOINS THE WATERWAY. l\ See attached sheet I 6.WATERBODY AND LOCATION ON WATERBQDY WHERE ACTIVITY EXISTS OR IS PROPOSED Salem Harbor between Derby WharF and Salem Terminal Wharf, Salem Massachusetts 7.LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED ADDRESS: Foot of Blaney Streef STREET, ROAD,ROUTE,OR OTHER DESCRIPTIVE LOCATION Essex Massachusetts 01930 COUNTY STATE ZIP CO�E $B�Bff1 C,Of15EN8210(1 C,OfT1fT115S10(1- LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE 8. Is any portion of the attivity for which authorizaGon is sought now complete7 YES X NO If� �ver is"yes”give reason, month and year the aMivity was comp!eted. Indicate the existing work on the drawings. 9.Ust all appmvals or certifications and denials received from other federal,interstate, state or local agencies fo:3ny structures,canstruction,discharges. Or other activities described in this application. ISSUING AGENCY TYPE APPROVAL I�ENTIFICATION N0. DATE OF APPLIATION DATE OF APPROVAL DATE OF�ENIAL None applied for to date . 10 Application is hereby made for a pertnit or permits to authonze the activities descn6ed herein. I certify that I am famiiiar with the infortnation contained in lhe application,and that to the best of my knowledge and belief such intortnation is tme,conplete and accurate. I further certify that I possess the authonty to undertake to proposed activities or I am acting as the duly aulltorized a ent of the applicant. 7 �y 98 SIGNATUREOFAPP CANT DATE SIG T R O A NT ATE TA^aoplicatlon muat ba siqnad by tha person who desires to undartaka the propoeed activlry(appticant)or It may he algned by a dury authonzed agent It t1 ,tom�nt In block 3 hu besn flll�d out and algnad. 18 U.S.C.Sedion 1001 provides that Whoever, in any manner within the jurisdiction of any department or agenty of The United States knowingly and willfuliy falsifias,canceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictiwus or fraudulent staiements or raprosentatlos or makea or uaes any false wnting or dacuments knowing same to contain any false,fieticous or freudulen!statement or entry, ahall be flned � not mare that$10,000 or impnsoned not for mare than five years,or both. � _ ___ ,,_ .. --- .._.....--.. ,, . _ _ _ , y . , ., , _ � � � � ,_., ., �. _ � _ ,q- , � , � . . ,� � , � � fI� a � ..,, caom}a� • _� 'a �" f � � � � ;- �(n�P1�L^\ � y � " � e l�)�r :c � ; � ��\ . . 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' IW �, t.. g � •.i/�: / �efPWx J1alfUda Baat � � �p � � /�� ' � u,M Salem r � � `l°� �'Rock - ' ; yy. YL ' \ ��//� . � ..r+LL�. e i:� Co mo � r •�r) , � WMart Terminal. i �:-�� r �-� i l�� ,.� �� :)n C Cf al 'CN ,1,� �� . o ' / " i � ' e � �r � ' � -, •''//.i � ri . . . � ::';-:. .. . / � -' .� - ... .. �� ire t BY .,.�.rfi �9IN1C3i�R' ` �� ht o� / a / � :�. i � / `1 . ,Ia sr . ' . . �'�_ . ; � _ . , 1�� `�'n > " �� ` �.e / ��,-d� aS , ...o.= �`�� Wha `, ,'LOCIIS/ ° ��. f , \/�� e ��li'.:. /�� g ( ' i� ,.a.•' � �t �� r � i �.� i ; . � j.. WlUi'� �<`.�a r / � �` / \� � �.�� L19ht 1 / ,. / . ,i� �. . S J r�yn,� i . J � i � �� . Folger.�: � �; �.�-\ � . � ��'�� I �...` J � � , . sr E �:�r - ... . � %� �� Pom(iT 1 �� \ � ` \\� �l� � I��rI - � - . 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TITLE: APPLICATION BY: LOCUS MAP GOLDENEYE CORP., WEST GLOUCESTER, MA 100 YR FLOOD 17.2 IN: SALEM MHw �g p �Bourae Consulting Engineeriag AT: SALEM HARBOR ie4 w�,c ce�a,i Slrcet, FrGnklin, MA ozo�a CoutvTY: ESSEX STATE: MA I - �J / / O N I 1 ' I ry \'• � /� � �/ �//\�� h � � 10'x10' PLATFORMS � � � i/ � o / � / � � , � �� o j' � ��j� ce� / DOLPHIN Link Fen� / //� �cisiing C��in�o�o � . , / / / . CLUSTERI o��_,_,_-----_\ � � �� j/ 10'�20' FLOATS ` �"�` � 3 00� 1-1X�b ,PIER �/ / 10'x30' FLOAT I \ '�� TOP OF SLOP4 I� • 1 EXISTI�IG FLOATS / ,� � / : ,---., ;;; � TO 8E R MOVED �- 1 �� \ ... ,., . :; :;;:� ; . ., „ . .,, '� -i�_ __'� � :� ' ;:::::J�.; � J: :;;.::.;:: X:: ,- �- - ,,. ..., ,., . __ '_ ;a; .... .,.. ... _ __ ,,, . . � ,,, ii �� .,, ,. . . ,.� i� / •, L' ____—"L___"___L ::' �•'. . . 7 ::: ..,.,: ;:: ,,. . � ;;s .�� yi, : _,` `': :� "5' ,`; ':: D 2 \ . .. . st ih. ,.,.i�� \ . �_ _ _� .� � B _ � A ` ' \ Y \� — � � — T-_ � � , • 145'x15' FIXED PIER � � ___�� — — __ �' � 35' GP.�GWP.Y � — —i \�� ;--,-� _ = =R�H�� _ _ — —/. . , � 65'x5' GANGWAY� \ � �� / 10'x30' FLOY�T� � ; — •—•�Au'+ � _ — � � / 100'x40' B,RGE � DUMPED STONE I � � SHORELINE i � � PIER CONFIGURATION CLOSELY MATCHES 1 I � / fIISTORIC FOOTPRINT (SEE ATTACHMENT 8) IN TfIIS AREA WITH THE ADDITION OF 1 ; � / -2 T1�IE ACCESIBLE FLOAT PIECESSARY TO � � � _ � � MEKT CURRENT ADA REGULATIONS. � � � � I � - � % � —� = � � � � — i i � � � /� �� 0 60 120 ; —2 ' � � .3 �� l \ ��\ ,3 _q 5_�-- � � `q,S � — � _�— —6 � � — � ! � i' _6 , � � _ _ _ � SCALE: t " - 60'-0„ ootR RaOD tt2 TITI_E: w: SALEM m_ io.o �aw o.o LAYOUT PLAN AT.SALEM HARBOR �py g.p - COUNTY: ESSEX STATE: (�AA � �Bouroe Consu/tir{� Engiveering APPLICATION DY: sHEET 2 oF 4 �e� wu� ce��ro� Sbad, Franklln, Mp o2o3a GOLDENEYE CORP.�WEST GLOUCESTER, MA pATE:JULY 1998 � I `i ; ✓ � PROPOSED FIXED PIER PROPOSED GANGWAY pROPOSED RAMP �& PLATFORM SYSTEt�A HTL+10. MHW +9.0 i i ii i i MLW O.0 100'x40� BARGE EXISTING RIPRAP EXISTING GRADE ' � n PIER- ELEVATION Z 1" = 40'-0.. . PRECAST CONCRETE DECf< W/ CONCRETE TOPPING HANDRAIL 15� 3'-6" TIMQER PILES (TYP) , MHW +9.0 EXISTWG GRADE �l I M�w o. I,Z , � TYPICAL APPROACH PIER � � �" = 20'-0" 0o YR FLooO 172 TITLE: IN: SALEM ' ,i iT� ' to.o r��W o.o AT:SALEM HARBOR AHW 9.0 PIER SECTIONS COUNTY: ESSEX STA7E � �AA (' �� APPLICATION BY: StiEET 3 oF 4 , � :- , � i �YI; Bouree CoQ.su/ting Engioeering � ine w,..� n.,�-„i c�,,...� r,,,,,��n„ u� mnta C(11DFNFYF CORP., WEST 610UCFSTFR, MA �.,n unv �nnn �;•.,.�`' .°�4'� 60� FENDER PILE 10' WIDE FLOATS MHW -r 9.0 �� MLW 0.0 —o — — , -----_ EXISTING GRADE � � � TYPICAL MAIN PIER , �- I" = 30'-0" " 18"0 MOORING PILE (TYP) 6'-0"-TYP� . MHW+9.0 � - - -_ MLW 0.0 INTERMEDIATE SUPPORT p BARGE ELEVATION . 2 --- SCALE: 1" = 30' 1 YR FLooD 172 TITLE: IN: SALEM to.o Mlw o.o PIFR SECTIONS AT: SALEM FWZBOR w s.o couNrr: ESSEX srnTE: A�A S�Bouroe Consultiug Engiaeering APPLICATION BY: SHEET 4 oF 4 �a� we.� c,,,�.ai Sireel, f'ranklln, FIA nzo3e GOLDENEI'E CORP., WEST GLOUCESTFR, MA pqiF .lUl Y 199R PROPERTY ABUTT� .S � l MAP LOT SUFF PROPERTY ADDRESS PROPERTY OWNER MAILING ADDRESS P.O. Box 366 41 0278 201 0010 Blaney Street Thomas Mackey & Sons, Inc. Salem, MA 01970 New England Power 25 Research Avenue 41 0271 201 0024 Port Avenue Attn: Property Tax Dept. Westborough, MA 01581 5 Rue Du Mont 41 0275 0081 Derby Street Draczak, Jean Pierre 93880 Epinay, Sur Seine, France 36 Dearborn Street q� 0276 0083 Der6y Street 85 Savickey, Richard E. Salem, MA 01970 HDET Realry Trust = P.O. Box 366 41 02.77 0605 Blaney Slreet Mackey, Daniel, Jr. Tr. Salem, MA 01970 Veterans of Foreign Wars 95 Derby Street 41 0279 0082 Blaney Street Witch Cily Post 1524 Salem, MA 01970 VFW of the United States, Inc. 95 Derby Street ' i ,i 41 0281 0091 Derby Street Witch City Post No. 1524 Salem, MA 01970 McLaughlin, Micheal A. � 3 White Street 41 0282 201 0001 White Street Chuber, Claudia Salem, MA 01970 10 White Street 41 0283 0010 White Street Hawthorne Cove Marina Inc. Salem, MA 01970 10 White Street 41 0284 0008 White Street Hawlhorne Cove Marina Inc. Salem, MA 01970 Dunn, Jerome F. 6 White Street 41 0285 801 0006 White Street#1 Dunn, Rosalyn G. Salem, MA 01970 Arena, Jessiac J. 6 White Street 41 0285 802 0006 White Slreet#2 Arena, John M. Salem, MA 01970 6 White Street 41 0285 803 0006 White Street#3 Keefe, Maureen A. Salem, MA 01970 Naranjo, Carol 6 White Street q1 0285 804 0006 White Street#4 Martin, Sandy J. Salem, MA 01970 Smith, George L 6 White Street q1 0285 805 0006 White Street#5 Holtgren, Stephen F. Salem, MA 01970 Jordan, Alice M. 97 Derby Street 41 0286 0097 Derby Street 99 Jordan, Delores T. Salem, MA 01970 ATTACHMENTA ,.J - i G _,__:�„s..T ?,�.��`y.__.�� - ' '� ----� m y c m f-„9 �;' - a �, MI �Jl < , _ �..i, „ �e , , .. � ��r�, `�� ,�;� -� .�"� a , _ = �'t' � ta� �'j� * �_�J � o � ; � . \ h�j� �_ . � y 1 �1 F�-� � .�y .-.� y � � -i �I. _ • '4� r �_��Y• �/ . . � '�], �- . Q1� . > ' i. -�"-r�p'1 w '-- k . �I� �, L . � ' �• .' `1 ' . r�='�e � .i.�5_ � r� tl � � n s' :t f (� .r'41�i - � �-�1 �' ,� '��1 � _\./.1_lJ `- � .J �:��1 ��e��. ji d +�i4 i >`'��`. u � F ? __ _-'Y"_. . ` � � �. .. '� __ - - ',t�'rdiit � �. 1�. Q �,. � �c O � . . " 1� . 1 . _ _ - � y s ��! � �;�1 � ; i �, •1 -- _ -,- � . . ,•�y ^�f:�. �I .o-f, ,� '� �v;�+` •J � ' _ : , cti . C Y.�`�. -�:�r _��;; �, � � � .,� ,1 `�.;:1�.:� i� r`��/, - �,,P.rY�.� y.� -( .� 'i a v w ��` - .l � f�'y � � _{ ; � .`� .� "" '� 1� r►�� '! l� x� �e, ' �•: �� : -.�-,�' `,r � b 1'� c l" r� `H1� '.y 4 � y r_ � ��14 1�l� .L •�� ~ n�. \��t �I.r y.�.,i.\, Ni; Y(. I �� /^`!1 J 3 f — —,__�� o• � �h � 1_ i 'ry^� ;'l�.yl y.'�� A L . ,� f��y �. Q � Y' �',�4ta � > � s a��± 7 '- b�.�L ay��.� � i 1 � \ �Y .:✓` � ry � % , y Y V� 4 4'�',�� :1� � _171�-v111F 1�. ��151� I..��rr� y /y-t-,�„!{�{{S� . ��. r✓ - i., D w � � ! . �� Gl J�f . .� '!U}l�jUi I';�* A '� ^ J,�f ^'�i:Y o�(� . f� ��11/ J J m � ,/ � ...-n�ry` J O � � ��r� � fl.. � � l �i r �i� !� . �I __1�� 11 ..� � � : J � Z - ��- r~ � �.1. � . / . � - y� ¢ ��l ��'�'• '�{'y�"5,� 1� ; ',��-�'� a �. - � .. � � ..1 ^ ,� � .. , -::i ut�+' f, Y� � � �� 'C' s��t'� � ' � '•. �( _ � . , ' •1 -"y�7 `' � _ .. � ��y� b � . - '.''� c a� �:� -+,�a��-i tfi��t�r� �.�YI � _- H i. { � o � . � � ��1� y � , . - ,�� .. •i I � � -la . . � � (% � �, ��,` �4. �M:; j �'�" ��/ , ., , `:1 � � _ } �,��y J� T � �� . ' � _�� . i.}��____a � .L-� Y'Y,�-/ � - ) �4/ X �"P . i 1 � 1 . - e� _ ' .\' .I — . �3Y�r . - �'"ctt �1 �- i . . - li . _ " . +y� � . � ;F =�� ` :i° 1 � �tL �* . . �� t .i ' f.��'-✓ i��. — . . � - ~ �`' � �•�` �� t t' i� ��'[� �, . I ��-�;: , � m-�__� _L .y i � �.t�" : �` �'' . n ^ i v��' �.'' . l: -_�.a � � �l't�Tii� � ,' � l �S'�/ f�� /� 'o- . ! l�� 1 e � —I — ^ I' 'r �/� ,� �J� �._,f � L. .iL-:i�]. - .7 �. '.,.d�i.pi� . .: �� .. � " _ '` - •1 � . 1 . // .��, sY' � 1 s • y — __ A �jc .. . �� . �,v,9 f�,��. .�', n --� L . . � � r � . . . . _`• r/�r�-•.�`_`..c 3 _ _ �. . �� , .. . ` __. � • J7� �> ..�� f y� ��-, m � � `� - = i 1 //✓/ '� /i� .�1 ��.Yti� t • \� . =i i � i . � � � ��- �� - ;,d' %3'.'� � ' .71�1��7�''`� . . w . ' . �I . ..:,.T J - j .'j �� 1 1' ,�� ,.-f � ��t(.. � � .-{ n 1 . ,�y� .f•��y�� ' f r_ _ ' , � >. ' � �i� � ��t r �i'`Y/ ��1�-`..� . J �- � i `_- _ �; i y.� ;, r� ,,�,� � ,s = "' ; _ ;� ,,' ^ ' - �,�;. 4',�' ,�':�' ;, - a = 3 ;e r�, . _ � -- = 9 -. l , ,y ):� , �� ;; , � � . � -_;- . . •,/.-•';' � . � �A '�� . � � � . . ._ " . !�. ' . -_ . '� ��a�Ch.1�/L '4 ' ', � _ _ -,, _ r_a ( � �/,� �� '^'« i I . �-- . � . ._ � �-- ,.:%. �_.,' * r1� �, I �, i- �. _-�� .. r� ,i ; � . _. - .. � 1� � . ' >i ' � .. I F � _ _ - � i . f _. . � ` . � ! � - '�� 'I'' � I_ I , ._ . � � ' ' tft�'� .; �M1I� `�� p.: �:,�` . � �� r �;:�i,�:\ . ` • �� F ' I ' � /.� /IJ ' •\ l � . . .. � . . - � . ('�� !'!'��.i�l,�:'..� . ' n ] 1, �u✓'• � !• = ti I . � � - �-� ' ` � �� a. ��%'�.. v�,i iii t-- � � � _ i__ __ ,�� ':\� _ .,,��, ./�_\��/ i� i � 3 fD � - _ _ - ..I" O � � _ _ - ___—--_ - __ _ __ '_ _ _ _ _--_ _ _ , N . ; p0 � . � 9 .. ' �- i i '�:': , ji � � , i ' '_:P'EFMIT APPLICA'fION �--;._ . ��. � . . -. � . � . . - - -_.'- e�a w� o.. 9Q782 _�. � -.�.Unnlal Alackey - � - Thomos Mackny 8 Sons, Ine, � Irmiamilfe 58 9roaAway, Salam, Mq 01970 � � �� ,�,�..1 . � r:.vcilii� wn) i � `\ ` \ � \ \ \ , � �� • ♦ . . �� f��- � � . �, � \ \ � /\�� \ . \ v � \ ' / , \` \ � /� � . �� \ �� < \�� '� � � �;, \ _,\, �\� � � �- � � - �� ' � � , _, . :� ' ��, � �,. �� '� �� ., ; , . �,,� � \ � . �� .^ � �,�, . � � \ � \ �� ,\\ � �,\ . . � \ ` � � ` �`\\ \� \, \ \. � � \ `�� \ � �, � ;., 1 ; .� �,,�\\\ � \ � h \ �� \� � � / 1 \ \�\ I 1 r ' �� / .�/ !�i :*.� - . ' . / � l T �1� . , �' , �' i , • , � ` � � i /� i//� /�/ ``\ �� ` '�� `ii `�--� ��--`� ,� \ �`• , ,`� , � ,\ ., , /�� /�, .��- _ / ,�___�,� �-� �,�- ,�' � � ;, _�-' - __ / \ - _- , / �� `� , .. . . � ! �, -" �� - / /� � ' --- -� _ // � �� / / ' �. ; �� / l/ � _ � � � / � � `� � / � � ' _ I / � / � / � 1� � � '� . -.� . . r / � ��. i / �� .. • �� ' / ,i / ' , / ✓ ' /' _� ` _ i �;�;r:x c'c ,��ra i � �� ri .ns - i �� i_� i,,,- � � i i � i�� '� c_�,,. ATTACHt4ENT B , / 1 � .�II L\ �l,��l�.. ''. �y`�� i . : _ ` ' �" °PERMIT APPLICATION BFP W W 02 �. ..- . . . . . . . � . .. ... �.. .. Oenlei Mnekey - 9�782 Thomas Mackay & Sons Inc, ronsmtu , 58 Broadway, Sulom, MA 01970 �� .� � FecililY 10 (il known) a o � ._ ; ,.� � � �� . ,, -� . :� � . � ' �'.� � 1 � . � �!��'��Y� . � � � . . \ � „` � ,�.. 6 -: � . ";,a � 00 �\� � s 4 ��. .Q > 3 m ,( P �o �\ 4 `'� \✓ t� A .. t�'f R � � � . w � � � h � P � J ,� ��" ��' a'�` ,, �`� O � § � S'(' `. �N\��Y \ � � � - W � Z J ~y Z 1 1� � � _ � �� ATLnS o.f lhe CIT�' o('SALCM - l91 I by: Walker Lithograph & Publishin6, f3oston, MA ATTACHMENT B - . .._ . . . � �� : � 184 West CFntral Sheet. � , � ; Bourne Consulting En ineerin� Franklin, MA02038 Ronald R. Bourne, P.E. - Presidrnr � , � - Tel. (So8) 528-8133 Fax (508) 520-6671 . e•mail: bce�bournece.com Novembec l6, 1998 DEP-Watenvays ' One W inter Street [3osron, MA 0'_'l03 i RE: GOLDL-NGYE CORP. (BCr: 95204) Subj: Commcrcial BoatTenninal Chp 91 License BRP WW Ol—Transmitta!�136317 Dear Reviewer: Ple:tse find enclosed tne BP�P 'J✓\�/ Ol �Vater�vays Lice;ise for Goideneye Corp of 4 Bfane}� for a 100'x60' pie: with a I>j'�1�' �valkway, bar�e 4vith doubl. van,vays and rampin� system, timber dolphins, ISSO sf of floacine dock with a GO'xa0' terniinal building�nd pr.rl:ing area for 203 cars. We reaiize the sisnatures for Section D-�Ittnicioal Zoning Cenificate and Section E-Municipal Platming Board Notification have beea omitted. We aze in die process of obtainins them fre;n the Town of Mancheste:and will forward them to you as soon as they have been obtained. A payment of�100.00 has been sent to the DEP P.0 Bo�4062 and a cooy is enclosed for yaur informatien. If you have any questions or need additionaf informatian, please do not hesitate to contact me. Ve,ry [ruly yours. BOU]tNE CONSUZ ' °NGItiL-�RING !� �� l� � Ronald R. Scurne, P.E. L-ncL cc: Boo Blair VvI�C^2'i? Cuf�O:'uClO❑ ' ` ---- -._..._____. i _...____._, MassachusettsDepartmentviEn�ironmental Protecfiaa fa�oFau�ea��, � 3 6 3 � � , , � eacu�uoa oam -�--V I PermllNa, _.. I� r(311SR11��3�/ Transmittal Form for Application � fl,�„w,�_ _ _.__ ! - -- -- � ' �/ Permlt' 'paPr. �oeniea i ��.. � and Pa ment ' ___ ___ , oo�„�a�o��a. _. ____. _P Facility ID(i!knownJ � Application Information B _R P ..W_'rl :..01 I INSTflUCTIONS permitAnrov�lor0lherCai o sevenc�a2Cercodelromtheiroml�elirsfpageallhedirecliansonHawlOApply).&ampler8WPA401,8FPWP07,efc � 1.Pleaserypeor �'�A�ERWAYS L�I�L��SE � ------- � - ------�- � � pnnt. USB t CalmorvName separaterransmitta� INSTALL FIXED PIERS AfdD HA�OICAP ACCE5SI6LE FLOAT FOR COP1"iERCIAL 60AT SERVICEI . Form for each B�ielArojec70esaiption ' - ---"-�----- application. I z.��e a� o.rg;Ra�. ' Applicant or Legalty Respansible Official 3-part Transmittal , Farmtarcach GOLDENEYE CORPORATIOPI application. ....._._-__ _.___......__.____-...______ I LastName � _._ ._________ ._.. Photocopies willnat ¢ BLAPJEY STRE�T nrName wdolemiiia� I he accep(zd for any -- ----------�----�------..._------------------- � applieation or address : payment.;voumay SALEi4 �qA. 01970 9is3, 7^4-3800 -- ;:... u5e phOtoCoOies(or Ciryi7own Sare ?ioCaae � elephoneNumcer(indudingareacodeanUexfensianJ reserve�acatian, g06 3LAIR , wliereapplicabte.l ---------------- — _...._----- ----- Canlr�c� -'.__--- _. 3.Nake check �. payabie to Facility, Site or /ndividual l�eyuiring Approval �' Cammanwea/thol SALE;� FERRY ' MassachuseBs. �. � ,mail.check ��v-ar-r-�q�---�y --- �----.-_..--------------------� . � �IlawtoP%af 4 CLQ��Yiler��a��t� - : J K Transmittal Form,¢ . ___-._ __ ___ . _____ � Oepartm¢n[oi ad re:s ._... --- � en�ironmenta� SI�LEi4, i1A 01970 97° 744-3800 � ..ry . ._.— Sla�e�--- � aro Code ...... .. -._...___-�teleFnone � .... ____.._ ........._ . __.—__. ____ _..— ---___ ?rotec?ion, Ci/(oxn . � Numoeryincludinqareacaaeandexrension) P.O.Bax JOfi2, � . B°5`°°.'�A.°z�,'. , Application Prepared By (if diirerenr from section B) a. eomfe:exempt BOURNE CONSULTING EilGINE�RI�IG , and nan-exempt --.____....._....._._----------------...-------------- a licants must LasrName F:isl;vame Pp 134 !JcST CENTRAL STREcT ,+n�daiemn�ai mail yellaw capy ot Transmittal form to: aomess — oeoartmentof FRAPIKL?N ilA 02038 � 508� �28—$133 ,;�� .nviranmen[al --- -_.__..._... .........__ . _._ _-----�-�----- - . . ProtOCtlon, City/rown Sla;e LpCode � IelephoneNum6er(includingareacoCeandcrlensionj �.o.9a:�ao52. RONALD R . 30URPlE, �� Bosmn,��AA,02211. Camact � rSPPlum6er�lor2lEonlyJ OfII Er REIafBII PBC/III fS. !!you are applying!o�other permifs re/afed!a this application,pleass list them 6e/aw. v rc i .u�� n I(�r� m� ACOE ARP',Y CORP PERtiTT ! _ _ .._ __ _ ----. .....--- — ----- --- __ -----.. �OI LOCAL COPISER'/A.TIOrd APPROVAL Amount Due Special Pravisions: : Pee Exempt' (ciry,:own,district,or municipal nousing authority) (state agene/if permit fee is 5100 or les5j ; Hardship Requesl fpayment 2x[ensian accarding to 310 CMR 4.04(3)(c) Alternative Schedule Project fiequest(according to 310 CMR 4.05 and 4.10) '7here are no�ee esemptions lor 21 E sifes,regardless ot?he applicanPs sta[us. 100 00 11/05/98 Check No. Dollar Amourt 5 _. __.._ ------_. _Date ---._. --- — _____ � ' � wraLih of Ma.rsar.fwsetts. Plnase mail rhack�nrl vallnwrnnv nf T�a�smittal ��rm im Massachusetts Oepartmenf of Enviranmental Protection I 13 6317 I ,. 6u�eau cfResou�ce Protection- Wate.�vays P,�eoram �i�v�sm�rrai.r � BRP WW 01 Waterw a s Licens� or Permit Y BRP WW 03 Amendment to Waterways License or Permit � General Wate,�uays Application � see P�o�ect lnformation instructions an o page t hefore t. which permit category are you applying for? 7. Project/Activiry description: completing I=;teRPwwo1 ❑ BRPWW03 I�STALLATION OF A 100' x 60' PIER WITH 155 ' sectians A-D af � thisform x 15-'-`r11�L4•;JA-`F,-1-OG'—x-4�Q,44GE-:J_ITH— o � _ 7 DOUQLE GA�GWAY ANO RAM., _NG SYSTEM , TIi18ER DO L-PH-I-N ,—?a8a--5-F--3�--FL-��-T I�IG-fiOG<S.,_3__GANG- 2. applicant !,JA'!S , 60 ' x 40' TERMIiJAL BU?LDNG ANO ?03 - �, - GOLDE?IE'(E CORPOR,4� ?ON ?ARIE-i'YC:rRC-cS-r��R-G,^,P":P?ERf,I-�1L-3GA_t.S.EtZVICES . !/,ime 4 BLANEY STREET --- — � Nadinn,lndm,ie S AL Ei�, MA 019 70 g. Description o�existinq and/er prcpased use(s): ^��"�� ""'�` "0L0`'" CURRENTLY A T�i'!PORARY FLOATING fERRY � 973-7�??-3800 i �a� l�mm;l,aiu�9 �:ro�rJ FFCCTL�TY-Z�ICi-Tf��-SiTE.—PRO�FQSED— �' FACILIi'f FOR COP1P1ERCIAL QOAT S�RVICES . ?. Autl�or¢ed aaent (if any): ' BOUR�IE CO�SUL??�G �NGI'lE��I�G - — ,uvnc ___.'.__._._.__....._ i34 4dE�T C[vTRAL STREci --____ _ �oemss 3. is mis orciec[ FRAPI;:L?N , hF 0203a X7 water-dependent? - nemNater-deoendent? Giyr7own S�u�e Iip looe .. �02-�28-3133 %cicpdmrc �� I� i, l, I : � I h. �J K. ��I� 10. N/he(i5[hB�OpfOXIRI�[B�A[�I COSi 0(Bf1��fCC0520'NOfk (inc!uding matenals u laoorj7 a. Prooerry iniorma[ion (all inForma[ion mu=_t 5e orovided): - SAME AS ABOV� ��-�`�� _ . ;":mcrnanell�Ail/aencrom�opiicanp i 1. �IS(ii1B f1�Ri2�Op fpfi101BC2 TIHI�I�4�dCf�55 0�°5C�1 d�ll[tB� ihAP00�/ PARCc� 27�2�i202 _ (a[tacn aaditional�heets. if,�ecessary): !Ja'A sseSSa/5;.!]0 dnU PA¢?!Nurn0e6 f00T OF �BL.A�lE'l STRE':� SEE A�T?.CHED �HE=T ii Location6vr.elao0res5/ .. .. .... — �,?L_.� _SSE;( -.. _.._ _ ._ _......... _---... .:i//lnwi cowny :,. i�lame or[he�ma[en c�d�c � � SAL�'4 HARBOR 12. "I have attached proje�:�lans in accord2nce�r�ieh the � ins[ructions contained in...". 5. The�Nater hody at the project site Is: �� apoendix A (for Prrmi[applications) (chec'<1 or more of to[h a& 'o) X � Appendiz 8 (for Llcanse apolications) a. �: Tidal - illed Tideanes -, Grea[^r^nd Apeendices A-3 begin on page o ot thi=_Fcolication : RiverlStream _ Uncertain Paci<age. �. � PlaNral Man-��ladc ; Uncer.ain • - MassachusettsDepartmentofEnvironmenta/Protection � 136317 , Bureau ofResource Protection- Waterways Prog�am r�ansmirrai,� BRP WW 01 Waterways License or Permit BRP W1N 03 Amendment ta 1Naterways License or Permit General Waten�uays Application Certificatio� � Piease rype ar All applicants, property owncrs and authorized ager.ts must sign this page.All future application correspondence may be princ clearty all sioned by[he auihorized ag2n[alone. information � � provided an this ferm. 'I hereby make application for a permit or license[c — ---- — authorize(he activities I have described'nerein.Upon my uplirmssinnamm / signature, I agrec to allaw the duty authorized representatives _I_L_J�-J..�...`3 _ , -- or�the iblassachusetts Department oF Enviranmental Pro[ec;ion �'�`' and the Massachusetts Coastal Zone �lanagement Prccram m enter uoon the premises or[he project sire at reasonabl?times fOf th@�UfFOSB Of ItiSpBC(100. . Propeny0mrer'ssignvmm(i/di/lereivtl�cnat�plicvnQ 'I hereby certify[ha[[he informatien sunmi[ted in[his � aoplication is true and accurate to the bes,oi my knowledG2." ,,�� . � ' nr'ss,�mrc� XPvI%��b�e� / ONA �R. BD- OURNE , PE ovre 11%05/98 Waterways D�edging Addendum t. Provide a description ar the dredginc�rcject. i!/A 2. �Nha[is the purocse of the dredq_ing� 3 bVhat i;the volwne (cuoic yards) r,f;nate^al io L�e dr2�eed? 4. What method�.vill !�e used [o Aredge% 5. Oescrioe the tlisposal method that riill oe u<_2d and give the disoosal loca[ion (include a=_eparare disposal=_ite.locaticn map): --- _........ _. _..------ _..__ _--- _.--- _ _ MassachusettsDepartmentofEnvironmenta/Protectron 1363ll � Bu�eau ofResou�ce Protection- Waterways Program I-----' r��nsmrftvl.f BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to Waterways License or Permit General Waten�uays Application Municipa/Zoning Certificate � Pleaserypeor Goldeneye Corporation � � printcleadyall Nameolappliuml — information prw�aedon 4 Blaney Street chis form. ?rojeastreeraaNes Salem, MA 01970 cnvaown Salem Iiar6or I Nataway Cesr.�iotian oirya�xrsMusr.ercnanne rir usr. � Installation of a 100' x 60 ' pier with 155 ' x 15 ' walkway, 100 ' x 40 ' barge with double gangway and ramping system, timber dolohin , 1880 sr" of r'loating docks , 3 ganaways , 00 ' x 40 ' terminal building and 203 parkina spaces for commercial boat servic2s . ro be completed by municipal c%rk or app�op�iate munic�pal offie%al I hernhy certify that the project descrioed above and more fully detailed in[he applicanCs waterNays license acplication and olans is not in viola[ion of local zcnira ordinances and bylaw5." � _�_.--- ....----._. ....-------------------- .._... _..... _._...._,._ .....__..._ ....._.... ' Yrinl,vanmolNmiicip�l0//ic;�l � _._._ . ...____.. ....__..___--__--___...—.—__... ._._..... . ................ ._.. .........._ ....."""' _'_'._._..' ' Signarum o!duniciµU 0//lt,al .__ ._—__._._'_..__.__— ,___ .__. ._. ....._ Ii�le �I .._....__'_ "'__'_"'_,. ..."'__'_'"__.'_ "_""__" __.........._ .__.._""'. ..... _'_.._.."" ' _____"'"'—' Cil�/�nwn � _._.._ __..._.._'_...__.._._'—" '...__ .............. ..__...... .........._. __'_......._.. U.ve __....... ........_.__ � � r � . � • Nlassachusetts Department of Environmenfa/Protection I 13 fi 317 �, . Bureau ofResou�ce Profection— Waterways Program � --� 7n.nsmittal,� BRP WW 01 Waterways License or Permit BRP WW 03 Amendment to 1Naterways License or Permit General Wate�ways Application Municipa/P/anning Board Notification Piease iype ar print � cleadyauintorma- GOldeft2ye Corporation tion pmviaed an Ihis � farm. Nameo/appliom Noc�ce�oappiica�r. 4 Blaney Street This Municioal Planning Bwrd �j�rs�me`addlen �vaciecationsection Salem P1A 01970 mus[be submit[etl > - alang�Nith Ihe CityrTo�+r -- original application marerials.If it Sa 1 em Ha rbo r - � tannat he signed by � �he appropnate ;y��,�,,�y municipal offidal a[ the time oi delivery, the applican[shoWd _ waitun[ilheorshe Oesaiptianaipiopasmusec�d�unqcii+um receivesthe Installation of a 100 ' x 60 ' pier with 155 ' x 15 ' walkway , 100 ' x 40 ' barge exeated signamre _____..__._.___._._ ---- ------.__. _.._.. . .......... _ . . . .__.._ .. ......__ . .. beFore su6mitting "�^ompleted with double aangwa;� and ramoina sjstem, timber dolphin, 1800 sf of floating :atian oac:<age. — — ----------.._....--------------- ��EP docks , 3 aangways , c0 ' x �0 ' terminal buildinn, and 203 parkina spaces for commercial boat szrvices . .e...x^�e �.xrv.��w.vm.. ..v..�Fi.i'm..� �.�a.�..o..na.�v_ �.�.�_.� ...»S�.:d �..✓..�._. ..iu......�..�.... .......��..� w.. e .-..�.. ro be completed by municipal c!erk cr aForop�iate municipal official "I hereby certiry that a copy of:he comoleted�,vz[err�ays licens2 apolica[ien and olans describ?d above was suomi[ted'oy � the applicant ro the municipal planning beard:' � P�inbV.nnc —'--_---__—"— '_—_ .. ._"'_— . _.. .__'_._ .._.._...__'... ...._. __.. ... .. . _... __.. __. Sinnatmr o/Nunrt,val 0//m.il _--'--__ ____'_ —_______'. ... . /itlC ... ...___ ...._... _._. _..." Chyifnwrr -------- --'---...—�-- II . --_---_— ____ Odtr. _.--.__.._—__._._--___—_'__'_ PROPERTY ABUTTE, .o : MAP LOT SUFF PROPERTY ADDRESS PROPERTY OWNER MAII_ING ADDRESS P.O. Box 366 41 0278 201 0010 Blaney Slreet Thomas Mackey & Sons, Inc. Salem, MA 01970 New England Power 25 Research Avenue 41 0271 201 0024 Port Avenue Attn: Property Tax DepL Westborough, MA 01581 � 5 Rue Du Mont i q� 0275 0081 Derby Slreet Draczak, Jean Pierre 93880 Epinay, Sur Seine, France 36 Dearbom Street q� 0?76 OOt33 Derby Street 85 Savickey, Richard E. Salem, MA 01970 — HDET Realty Trust P.O. Box 366 41 0277 0605 Blaney Slreet Mackey, Daniel, Jc Tr. Salem, MA 01970 Veterans of Foreign Wars 95 Derby Street q� pZ7g 0082 Blaney SUeet Witch Ciry Posl 1524 Salem, MA 01970 VFW of the United States, Inc. 95 Derby Street 41 0281 0091 Derby Street Witch City Post No. 1524 Salem, MA 01970 IvlcLaughlin, Micheal A. 3 White Street q� 0262 2U I 0001 White SUeel Chuber, Claudia Salem, MA 01970 10 White Street q� 0283 0010 Whi�e Slreet I lawthorne Cove Marina Inc. Salem, MA 01970 10 While Street 41 02II4 0008 White Street Flawthome Cove Marina Inc. Salem, MA 01970 Dunn, Jerome F. 6 White Street 41 0285 801 0006 White Streel#1 Dunn, Rosalyn G. Salem, MA 01970 Arena, Jessiac J. 6 Whi�e Slreet , q� p?g� g02 0006 White Street #2 Arena, John M Salem, MA 01970 6 White Street 41 0285 803 0006 White S�reet#3 I<eefe, Maureen A. Salem, MA 01970 Naranjo, Carol 6 White Stree[ q1 0285 804 0006 White Street #4 Martin, Sandy J. Salem, MA 01970 Smith, George L. 6 While S�reet 41 0285 805 0006 White Slreet#5 I loltgren, Stephen F. Salem, MA 01970 Jordan, Alice M. 97 Derby Street 41 0286 0097 Derby S�reet 99 Jordan, Delores T. Salem, MA 01970 ATTACI IMENT A l�� g J 184 West Central Street BOZlT722 C071SIlIkR En ineerin� Franklin, MA 02038 Ronald R. Bourne, P.E. - Presidenr Tel. (508) 528-f7133 Fax (508) 520-fi671 e-mail: bcephournece.com -. November l6, 1993 Town of Salem I Zonin�.4dministrator o Town Hall One Salem Green Sa(em,�IA 01970 ' RG: GOLDCVGYL CORP. (BC�: 98204) Subj: Commercial Boat Terminal - Chp 91 License Dear Vfr. Chairman: Goldeneye Corp of 4 Blaney Street is currently seekine a Watenvays License; BRP WW O1 to license a I OU'x60' pier with a 15�'sl S walkway, barRe with double ;an�ways and ramping system, timber dolphins, f 330 s;of floating docic with a 60'�=10' terminal buifding and parkin�, area tbr?03 cars. One requiremeat of said license is for die Zonine Adminis:rator to verify thai the project is in conformance with local zoning re;ulations. As proof of compliance forms has been enclosed for signature. Please find enclosed one complete copy oi the Watenvays License Apolicacion. Please sien the attached sheet and re;urn it in the enclosed stamped envelope at your earliest coitvenieace. � If you have a��y ques�ions or need additianal infonnation, please do not hesitate to contact me. Very tru(y yours, BOUR��IE CGNSULTNG ENGINEERING / _ C' '� � �• � � � C��'� 0 ��J�_ Ronald R. Qourne, P.E. Encl. cc: Bob Bfair Goldeneye Corporation - �� 184 West Czntral Street � � � � Bourne Consulting En ineerina Franklin, MA 02038 Ronald R. Bourne, P.E. - PresiJenr Tel. (508) 528-8i33 Fax (508) 520-fi671 e-maif: bcepbournece.com November l6, 1993 Town of Salem Plannin�Boazd � Town Hall One Salem Green Salem, �tA O I970 Amt: Chairman RE: GOLDENEYE CORP. (BC�: 93204) Subj: Commercial Boat Terminal—Chp 91 License Dear Mr. Chairman: Goldeneye Corp of 4 Blaney Street is currently see.l•ina a Waterways License; BRP WW O1 to license a 100'x60' pier with a 1»'s15' wall.tivay, baz�e widi double gan,vays and rampin.�system, timber dolphins, I3S0 sf of floating doc:c�vith a 60'x40' terminal buildins and pazkins area for?03 cars. One require:nent of said license is for the Local Planning Board to be notin"ed. As proof of notiftcation (urins has 6ccn cnc!uscd li�r sicn:�lurc. Pfease find enclosed one complete copy of die Waterxays License App(ication. Pfease sign the attac!ied skeet and remrn it in the enclosed stamped e�velope at your earliest convenience. If you ltave any questions or need additional iniormation, please do not hesitate to contact me. Ve;v truly yours, SOUILVE CONSliLTNG ENGNEERING !��// J � � //C� ( Ronuld lt. 13ow�ne, P.L'-. EncL c�: Bob 81air Go(deneye Corporation - -- _ - -- -, __ :r.. �__� _, v __ �-v-��W,��_ � _ - . .. , ._. . - ios � GOLDENEYE CORP. - 4 BIANEY'ST., SUITE 1 . . . _ �, � -_ . . .. SALEM,�T4A '01970 . . . . . -. . . .. . . . / ^l / /��/ 53-7055/2i19 ... . . . . � . - . . . . DATE �I � IV.�I ( (J . . - - PAY /�.. , _ - . - . I ( . . � � . . � . _. . _ . ��.�: _- . : TOTHE � �.V vN-GV'-�W-C�n l.� � ..�� . �'�`-y� . . .. .. . .'ORDEHOF . ' - - ,. I ��- �O Q_•. � � �P_ - �V I/�-�- ""��(f�L-QL /f1c✓"�J . , . . . .... DOLLAI7S �.`"' _ = SALEM:F�IV�;� �6�� / / _ 1 � %�- �� -_snt,eef.nfnssncnoasns oievo � . . . ��)///)-_. . . _ . FOR . C.I/ (_ __-- � m� �= ��•001067i�• .�: 2 L 1370558�: Oa95 i0 �[I 0��• . - - - �--�^-R- �— -- -� — �-- ' , r , . . , � J I CERTIF'( THAT THIS PLAN AS PREPARED CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. " ar xonuo c. WUYM[ . SIMY.1uFAl �� - �r � �� 0 �o , -� � . ��y. su[u saHo � . � _ . IL -�Us��_� � s� `' PROJECTo SITE l ' - -.�w z� I ✓i — — - . ,z.v.d � �..�u� I� 'ar:� ` ._ �`y t s�"" -{J w .p`�o8 Po � . OC/N64 I)i k 1��1 y � � , fEMA � �, � I � _� 'r��Ill� BUFFEX ZONE EL+EI5.5 .. � ' 0� � � p I I ¢.. i) (100 R) h o4 F l 1��„, ',Q�� "`�� . "'T� _ � � ��/�wtu yuqrd q.�a�� `_'�tti[t��'.��ru�n�urom � :. I�' \ �-__ �� ({I �_ � SCALE: t" = B00' I U4 I _ � � � LOCUS PLAN - , : ! :ION /. / ._W.e...... .I� � \.:._ Y � ii .' .... --.._ . ' i0'V] � - � / � ,.`�= —J " \ — � � -- rj _oll l u`�'c r�aw , s �� . ' � � � � �S r'''''' �,', � "�l. �.. ( � ��,','�,, � •'_ � � I � � �, i=( n�� PR 4�,�l P,1fll(ING'�� C �Gg p ��'ya�aet - t I �l OT ��:� d','�� k�Jl� ' \ ,�','`� P-^1 /�811 ZONE 'T3�i "1(� co��B�NK;'� �€�---� `�'..',./ � �)— °�'_� __ �� V 'i��• - 1 \ y� fEue L 'I \ _- �� 7f_'�-" 'iV� ;' l� \ �NR0.�le�a I � 20tlE 0 - ��' PR�POSEby!FERflY �` / fn�.xc rorrn w. q �� lEfl1�QJAL gwI,ILgING � L ��PROPOSED OW qROFlIE •.;�� . N.w Er�ic �i �_-. ROpiING;�ock �, . .. -.l \ i�..�� r„ � � _. / , ,�r ,- hi> > A�.'.�� .��..�=�_ . . ..., �_�_ _ ' �o-il � �� ;� L 1 'rcu�xoxc.. ,��___ . .. �.) -�194'1� -..1,.. �°h_ - - _- _ / " PROPOSED HANDICAP � '. � � - � � � ACGESSIBLE FERRY �;?'� � - - � ---� - - - 1 , , � UNDINC lERA11NAL I,��I�]J;' -.�.. _- - - � � .�� I 1..� � � I i I I:�� ( -�' � ,� -�. l . � �� lANO UNOER THE OCEAN i ��.�� C\ \� ��.. ANIOnC iWOIPNINS I� - ��\\ I � � fEMA � �ltl:.�� E�I$TING�`OGL� ° \ I r . � 1 ' � zonc v3 � •e,��. cHayNet '.� SALEM HAR� R �/ � EL�V.S � �. � ��.\ \ Q \ �� \��\� � � '� \ l i � i ..,.. ..� �� . ' � ". . " �•.o� �� . NO/ ' _. ...- -._ �,;;.� \,� ir� � ��, ,; `, \ 1' �`, t.P� , / __. ....._ , . ')n\ .\\/� NqIMOP. � I�i'i �� \ i . . •' nP LA N tlOUNNf p - '� srxunua•�. N FEMA 100 YR. = +17.5 � '� y�n.wxrti�p MHW = +9.0 0 200 400 � �k?�`rf".W� - DATUM MLW = +0.0 ':�ry�f i SCPLE 1" = 200' . AUGUST 1998 REVISEO II/13/98 SHEET I OF 4 PLANS ACCOMPANYING PETITION OF GOLDENEYE CORPORATION TO COPISTRUCT APID MAINTAIN FIXED PIERS, GANGWAYS, F�OATS, DOLPHIN, BARGE, TERMINAL BUILDING APID PARKING IN SALEM FIAR80R, � SALEM, MA ESSEX COUNTY I __ ._ .. ._ , : II ' ' ' ' ' , ,,, ' ry0 - 70'x10' PLAT�ORMS ��// � � EXISTING FLOATS � . �� TO BE REMOV"cD �, /�' ��' � B'c4 ' LOW FR`cEBOARD FLOFT o � �� y�/�� ' 8'x20' LOw FREEBOARD FLOAT // �� ' ��/j� � _ �o�j � �j � 7-PILE DOLPHIN CLUST�R \ Cha�� '^k Fen�e � ' SEE DE AIL � � �� y Exist ng � .--�'� ; EL' GANGWAY i ; �.F % �� 10'x20' PL ATS � I 1 � �I. _ v � ' / � , / � � � . � _�, �� cl � � .'� '(�, 10' 30' FLOAT � � r A �. �. � � I � �� f � � � i�� Q -1D — , � � � WO'x ' FERRY � �// 60 � ' �7 I � . _�-R AL BUILDING ', � n I I, I ' , i � I �� ' . . . ;100x60 � E ` � m � fTl �REUSE Ek15TING FpOTING� �� .FlXED PIER ': � i0 ' — � =:i �� r � � a.:.::: , . \ � mcrn =� � i" G, � _ _`"= _�` �i_ � a ��::- - - � m � � _ /� �. . . 330' �_=— • � � m cn � A = —_—� ' / ; � �--� �� —_� G� m � = — — =. . . . / �-�i50"x�5 FIXED PIER J — �— �_—� D � 2 � — — � � � 35' GANGWAYJ � � D - M�w ' / i � � 10'z30' FLOAT � � � —{ Z � o � -- — � 65'x5 GANGWAYS . , EXISTING RIPRAP � ' 100'x40' BARGE 1 � � � O � � � SHORELWE o / PIER CONFIGURATION CLOSELY MP.TCHES - � � z = � TOP 0� SLOPE � HISTORIC FOOTPRWT (SEE AT7ACHMENT � � � � � . � � � B) IN THIS AREA WITH THE ADDITION OF O O i i � � -� 7+IE ACCESSIBLE PLOAT NECESSARY TO " . �W � C 'n � i � � — MEET CURRENT ADA REGULATIONS. � � � � � �� I � � � A�� Z �I i i i � � �- . � - mc � PLAN �� p � � II o eo izo O o� �� p� SCALE: 1" = 60' �. N�F NEW ENGLAND 40�x60' FERRY � POWER CONPANY TpNK TERMINAL'�BUILDING PARKWG LOT AREA BUS DROP-OFF� (203 SPACES) � c _ . .... AREA � � PO�E LiGHTWG k F��= n' C'O � (TYP) E�se , `ii � I 'li�� 11 �i��-��I�� { � � I � � 1�� 1 �1 � 1\� � '� % . GRAMTE CURB i � I � w� �p � '- � I I , I �. . -. i� �'.. I � �iiill '_ ' ' � � � � i � � � il � � � � � ', i ?�� i ii '*,, � �, . , � G� � � � � � , 6, �� , ,s __ ,� . � � ,5 e� / � n ' '-`�' _= `� _ � _ . �s��i,: ,` '`—�� C� -r -- ��ic � _I J IJ _ ...' ----I _ — — ._ ..... — MLM . �// �Jv � T D _ iL�I�,`�.'1 ,. J � � i F '� � ,� � WALKWAY _�� I I m "�� : �: 8 K9DE � . EXISTING RI?RAP� � � � � �-� � �in � �.t2 � il � SEAWALL, ... ��' SHOR[LINE/ = C m � . ' REPAIR AREA � �� m l I �!' no,�m �- ri I :- ' i ''' i=- -` . r � � � :�I � : � 7JmD � . I � E I� EXISTING GRANITE � ,, ,,- -i \� � (n �J -I� I I �'i ,�, . ��II i _ BL,OCK WALL = / �/�i�-';�i/\`\� S � � e�,' �I Is � � i EXISTING TIMBER / / � � "=-t � � D � � � �� .j,T " -r � BULKHEAD '. EXISTINa STEELi��'�-� �C i o L - N� ? •I I � � SHEETPILE�WACL� �' � � . O � � �'�✓H i I � �� _l f� v� � z z I ^GATE Hawthome I ' 4�.� 0 G7 � L� FENC Cove Morino � �� ---. E � _ CYY n• � '4� T� C � ' � � �'�- e � �,i=n�� I �+ E � —I N �� , P�AN - nr---� I ��. E ��:9F,��a� � o � Z �,m 3 . � i � �� (n si� O � D BO 160 � • o- �e >m SCALE: 7" = BO' l t I 1 I PROPOSED GANGWAY � . � PROPOSED FIXED PIER /� PROPOSED RAMP . / �& PLATFORM SYSTEM n vm . n ie ni . . nn i i i i i in n . ui� 0 . � w � I I I I I II HTL+10. MHW +9.0 �. . '. . .. ... .... ... .. MLW D.0 � 100'x40' BARGE EL -10.0 EXISTING RIPRAP EXISTWG GRADE ,y—y � �A� PIER—ELEVATION a'�. ..��_.r�! a sc.a�e: i" = aa._o., ! ��/'�`� L _ ��t.': r �C, � '��.,.i ] � £ � TIMBER PIER —EL +18.0 � . � \ � '- HANDRAIL �5 WIRE WRAP PILES ChP PILES W/ FIBERGLA55 N\ �s s�p� . . ... ., . J 3._6.. 6 TIMES & SiAPLE1 —EL +16.0 I I p -b� EACH PILE EACH WRAP C � ;IMBER PILES (Tl'Pl } ,1 0 GAI VINIZED �. _ �n ._ � WI4E;ROPE �, : . 2 CABLE o jp m TIMBER � � T ; � MHW EXISOTWG GRADE � I z EACHPEND � , I �'. �� PILFS - T1P = Zj A � . MLw 0.0 ' �, PILES: 1-VERTICAL m ` m — � ' I Ii ` � 6-BATTERED �p (r� D � ^ � L, ; . . .. ; rncn � � �A1 TYPICAL APPROACH PIER �1 7-PILE CLUSTER CONNEGTION � D � S _ —� � a .. y . . (n Z y . SCALE: 1" = 20'-0" SCALE: 1" = 4'-0" � � � —I o rn p n � 4 8 5p' �-FENDER PILE 7g"e MCORING PILE (TYP) i0 O � � 70' WIDE FLOATS � E,_0"-TYP � m z T � �. SCALE: t" = 4•_0•' � � MHN' +9.0 MHWf�B.O O ��O (n m —_r� I MLW 0.0 ' - . ' '_- AALW 0.0 LaM�p TI � �7 � 0 20 40 I - INTESMEPORTf �€�8e � � � � � h mc SCALE: 1" = 20•_0" �\ • �`�� '`� "+ m � � z m� EXISTINC GRADE . �{ ��e p y o ao eo _�01 TYPICAL MAIN PIER � BA�.3E ELEVATION fls�0� N � O o e `' SCALE: 7" = 40'-0" � 4 SCALE: 1" = qp. 0•, ' . e SCALE: 1' = 40'-0" A tll