The URL can be used to link to this page

64-247 - 10 BLANEY STREET - CONSERVATION COMMISSION 64-247 10 Blaney St T. Mackey & Sons �s I, Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance 64-247 p Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important:When filling out 1 This Certificate of Compliance is issued to: forms on the Thomas Mackey& Sons computer, use Name only the tab 58 Broadway,key to move y, P.O. Box 366 your cursor- Mailing Address do not use thr- Salem MA. 01970 return key. Cityn own State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Thomas Mackey & Sons Name April 11, 1996 64-247 Dated DEP File Number 3. The project site is located at: 10 Blaney Street Salem Street Address CityfTown 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 13556 200 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's 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 certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: WPA Form 8B - Page 7 or 3 Rev.02/00 ,t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands - WPA Form 8B — Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above- referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period) Condition Numbers: C. Authorization Issued by: (VN i0s Z�� Conservation Commission D e of Issuance 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). SigR. ! � 'w- w1 elh On Of C\a o0 Day Month a -Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Pubic My commi ion expires WPA Fo Be Page2d3 Rev.02100 - L i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8B — Certificate of Compliance 64-247 i p Provided by DEP 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 Conservation Commission Please be advised that the Certificate of Compliance for the project at: 10 Blaney Street 64-247 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 Forth 8B Page 3 0(3 Rev.02/00 L . 184 West Ce�,aleel : ' ��ou�meO/ZSilt'llitg EKgLItCC1ZiZg Franklin, C .Ronald R. Bourne, P.E. - President - - - Tel. (508) 528-8133 Fax (508)52076671 . e-mail bce®bournece.com. March l l,,1999 Salem Conservation Commission One Salem Green Salem,MA 01970 ATTN: Steve,Dibble RE: Salem Ferry Terminal (BCE 98204) Subj.: Requested Information for the Certificate of Compliance Dear Steve, This letter is to provide the Salem Conservation Commission with the further information Mark George requested by telephone today regarding the Certificate of Compliance for Order of Conditions 64-247 issued to Thomas Mackey and Sons. All work included in the Order of Conditions has been completed, with the sole exception of the proposed rip rap item. The underlying rip rap has been placed. However,the armament stone has not been placed. If you have any further,quest ions'regarding the.Certificate of Compliance; please contact me at 508-528-8133. r Very truly yours, `BOURNE .. CONSULTING ENGINEERIN G WRonalodR. Bo: e;P;, President ' Cc: GOLDENEYE ' FILE. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-247 WPA Form 8A — Request for Certificate of Compliance Pro DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information Important: When filling out 1. This request is being made by: forms on the Thomas Mackey and Sons computer, use only the tab Name key to move 58 Broadway, P.O. Box 366 your cursor- Mailing Address do not use the Salem MA 01970 return key. Cityfrown State (978) 744-3849 Zip Code °6 Phone Number 2• This request is in reference to work regulated by a final Order of Conditions issued to: n Thomas Mackey and Sons Applicant April 11 , 1996 64-247 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 10 Blaney Street Salem an Order of Conditions,the Street Address City/Town property owner 41 0278 must request a Assessors Map/P:at Number Parcel/Lot Number Certificate of 4 The final Order of Conditions was recorded at the Registry Compliance 9 ry of Deeds for: from the issuing authority stating Property Owner(d different) that the work or portion of the Essex 13556 200 work has been County Book Page satisfactorily completed. Certificate(it registered land) 5. This request is for certification that(check one): M the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Condition.; has lapsed and is therefore no longer valid, and the work regulated by it was never started. "VA Form 8A Rev.02/00 Page 1 012 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands Request for Certificate of 7 4-24 WPA Form 8A — Req Compliance liance P 6ro4-24yDEP . W i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Appendix A). WPA form 8A . Page 2 of 2 Rev 021W 310 CHR 10.99 DEP Pit No. 64-247 : - - (fo be prondod by DEP) Form 5 rtq/I'ovo SALL�I Applicant THOMAS MACKEY AND SONS commoxweal th Of Massachusetts E 3/9g Order o2 DCoiiZGitioas I(assachuott■ W&tlands protection Act G.L. C. 131r 540 From SALEM CONSERVATION COMMI issuing Authority To THOMAS MACKEy AND SONS (Name of property owner) (Name of Applicant) Address 58 Broadway Salem- MA Address Same This order is isauaand delivered as follows' ❑ by hand delivery to applicant or represent sties on (data) ® requested on (date) it 9u by certified mail, return receipt This project is located at 10 Blanev S r *1 The property is recorded at the Registry of Essex Book 4772 Page 004 certificate (if registered)The Notice of intent for this project was filed on February 29, 1996(data) The public hearing was closed on April 11, 1996 (date) Findings iM ( time reviewd the aboe referenced Notice of Intent and plats and has held • Put) le Maritg an the project. ias•d an the infotvt(on available to the Lis to d dole. tosion at ties, the Commission has determined that the area on which the PraPaa sianiflcsnt to the failwina internca in accordance with the Preateptlars of Sianificance set forth In the reawlstiena for each Area subject to Protection urder the Act (check as appropriate): 8 Public water supply Flow Control Lard cantainine shellfish classes water supply Store �es Prevention Fl dlaria0 Greed NOW SUPPLY Prsvwttion of Pollution Protection of wildlife Nabltat Total Filing Fee ttAal tted $250.a0 --- state snare $112.50 (1/2 fee in esesss of 125) $137.50 clty/Torn Snare Clty/Town Portion a Scste Portiord Total Refund Due f (1/2 tote U (1/2 total) Effective 11/10/89 5.:1_ Commission hereby finds that the following conditions Therefore, the Commission are necessary, iIIaotecL°thoeewint raeteecheokadcabovenQa'=he set forth.in the regulations, to p performed in accordance with said conditions and orders that all work shall be extent with the Notice ofozndiffezefzomnthe Plans• pecifced above. To icattiions oraother proposals conditions modify the conditions shall control. submitted with the Notice of Intent, "neral conditions 1. railure to comply with all conditions s•stated heredasmedd with cause to all revoke related statutes and other regulatory be or modify this order. rights or any exclusive privileges: order does authorize an any property ro 2. The to private property or invasion of p it does not authorize any injury private rights- 3. This order does not relieve the permitt•s or any other person of the necessity of comp in w_lwao==� l�tippII��le federal, state or local statutes, ordinances,%- ; • completed within three years frost hereunder shall b omp ed order unapply: 6. The weak authoaiz w'n the data of this order unlace either of the act as p ov ed for in the (a) the work is a maintenance dredging p j Act' or lotion has been extended to a specified date more (b) the time for comp from the date of issuance than three years, but less than five years, and both that data and the special circumstances warranting the extended time period are net forth in this order. S. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to _ o issuing or authority at least 30 days prior to the expiration date of the order. 6, Any fill used in connection with this project shall be including an butfnot,limited containing no trash, refuse,vrubbish or papers cardboard, pipe, tires, to lumber, bricks, plaster, of the foregoing. ashes, refrigerators, motor vehicles or parts of any 7. No work shall be undertaken until all administrative appeal periods from this order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have boon completed. rded 8. No work shall beofnDaedekor the until Land courtlfordthe has districtrinowhich in the R•gietryof the land is located, within he chained of th•1FinaltOrderfshall also -property' a Grantor Index under the nor.:• of the Dear be noted in the Registry the ease of the land upon which the proposed soak in to, be dons. of registered land, the Final order shall also be n°toocn the which the Court certificate of Title of the owner of the lead upon proposed work is Commission The thaoformQatnthe�endnofhthin order submitted to the_�— prior to commencement of the work. 9. A sign shall be displayed at the Site not lase than two square feet or more than three square feet in size bearing the words, •Maesschusetts Department of Environmental Protection, File Number 64-�47 -— is lU. weterminacion Department toissuevar5 pervading order,onmental nthe conservation to make e d one proceedings and hearings before party to all ag y commission shell be a pa Y the Department. 5-2 i :1. upon completion of the work described herein. the applicant shall forthwith request in writing that a certificateompletecomdliance be issued stating that the work has been satisfactorily 12. The work shall conform to the following plane and special conditions: Plans] Title Dated Signed and Stamped by: on File with: 1985 Charles OQUL � y TrT Commission Locus Plan/Exhibit A _ Site Plan Layout/Exhibit B 4/)0/Q i s special conditions (use additional paper if nacessarY) (Leave Space Blank) 5-3A conservation commission Issued By u (e This order at be signed by a majorlitty of the conservation commission. day of �/" �Z / before me on this / �,,.� /,/I „t /t�•�i-�e � to the known to be the personally appeared �+ � person described is and vhe executed the foregoi°g instt:umant and acknotrled9e ;e .. that he/she executed the ease as him/her free Oct and deed. '7 ._ my cominissaon expires Notary Ynblic TM applicant, the ewer, arch person agrrieved tri this order, arty owner of lend *Wtcing the lad won Mich the proposed rent la to ks done. or eery ten resideetg of the city or town in which such land is located, are hereby notified of their right to recimat the cepartaent of Environmental t Protection to E. with the stp.nadinq order, providing the request is osde by certified wit ar hard delivery to the , withtaCIK� days free the appropriate filing fee and fee Transmittal form as provided In !Tg p14 1O.G2(7), data of lsaenta of this dtvc miaetim. a COPY of the reties[ shall at the Base time to sent by certified mail or had dellvery to the Conservation Commission and the spplicanc. prior to codencament of work. Oetdu an rotten lire and edit to the ......-. Iswing authority co please be advised that the Order of Conditions for the protect of and f Ito sustser has been recorded at the 4e11istry of he, bane noted in the chain Of title of the affected Property in oeeordance with Gew!rol Condition 6 m ,19 If recorded lad, the irstri~z esuber which identifies this transaction is if registered isnd, the daCusen[ ewaber which identifies this trsnsactim is Applicant Slgrsture 5-aa SALEM CONSERVATION COMMISSION SPECIAL CONDITIONS-DEP FILE#64-247 T. MACKEY & SONS,BLANEY STREET (Amended July 23, 1998) 1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice of Intent. 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit,prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. S. *No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the names(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 10. A report must be submitted to this Commission from a Marine Biologist no later than 90 days from the issuance of this order. The report must be approved by the Commission before work can begin within 25 feet of the pool area. 11. Temporary cofferdams must be constructed around the pool area, and said area shall be cleaned of debris to the satisfaction of the Commission. No fill shall be added to this area until the applicant receives written approval of the Commission. 12. No drainage structures shall be constructed on sight. 13. Installation of a 9.5' x 60' x 3' steel temporary utility float and loading shall be reviewed and approved by the P.E. of record,Nucci Vine Associates. A signed and stamped original letter executed by the P.E. of record,Nucci Vine Associates certifying the existing facility can support the additional loading and the issuance of a City of Salem Building Permit and all other required permits shall be submitted to the City of Salem Conservation Commission before work can begin. The Conservation Administrator shall be required to review and approve the location of said float before work can begin. Said structure, when approved and installed, shall be removed prior to November 30, 1998. 14. Installation of a flag pole, a paved (maximum 240 sq. ft.) pedestrian ramp for handicap access for the trailer, underground utilities for electric and telephone, and a single no larger than 8' x 28' portable office trailer shall be permitted to be placed a minimum of 15' to the southwest of the existing paved apron to allow for the safe and proper fueling of the Salem Ferry. The above listed proposed improvements shall be subject to the issuance of a building permit and any other required permits with a copy forwarded to the Commission, the location of all improvements shall be approved and as directed by the Conservation Administrator, and improvements shall not be in conflict with the operation of the Salem Ferry and/or the license agreement between the City of Salem and Goldeneye. Eight foot pedestrian walkway and vehicular access as previously approved shall be maintained. No additional paving or changes shall be permitted without approval of the Salem Conservation Commission. Said structures and improvements, when approved and installed, shall be removed prior to November 30, 1998. 15. All refuse shall be legally disposed of, be kept away from resource area, and any receptacles shall have litter preventing dome covers. *ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. sd\concom\ooc\b1wcy 310 CMR 10. 9^ DEP Fite *o. 64-247 Form 8 (To be provided by DEP) City/Tan Salem Appiir t Goldeneye cc =oaweal th of Massachusetts Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To Goldeneye 4 B1 aney R e cal om MfiA (Name) (Address) Date of Issuance May 27 , 1999 - This Certificate is issued for. work regulated by an order of Conditions issued to Thomas Mackey and Sons dated---AF '1 I qg6 and issued by the Salem Conservation re unrsasoxx 1. ❑ It is hereby certified that the work regulated by the above- referenced Order of Conditions has been satisfactorily completed. 2. rl It is hereby certified that only the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included. ) Filing of a depression at outshore end, placement of riprap along shoreline (underlayer stone only) , and regrading of site. 3 . ❑ It is hereby certified that the work regulated by the above- referenced Order of Conditions was never commenced. The Order of Conditions has lapsid and is therefore no longer valid. No future work subject to regulation under the Act may be commenced without filing a new Notice of Intent and receiving a new Order of Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Leave Space Blank) s r Effective 11/10/89 8-1 q. 1 The _ertificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded or. (date) at the Registry of Book Page 5. ❑ The following conditions of the Order shall continue: (Set forth and conditions contained in the Final Order, such as maintenance or monitoring, which are to continue for a longer period. ) Sale o i inmssion 7 ► - Issued by Signature (s) 2 When issued by the Conservation Commission this Certificate must be signed by a majority of is members. On this 27th day of May 19 ciq before me personally .Pp eared the above mentinnpa to me known to be the person described in and who executed the foregoing instrument and acknowledged *that �he/Ahe exe t e same as his/her free act and deed. STEPHEN DIBBLE Notary Public My Commission Expires Nca.12,2�C- ic my commissicn expires Detach on dotted lire and submit to the To Issuing Authority Please be advised that the Certificate of compliance for the project at: File wunber has been recorded at the Registry of and has been noted in the chain of title of the affected property on 19 If recorded land the instrument numer which identifies this transaction is If registered land the document nunber which identifies this transaction is Applicant Signature 6-2 Hay 13 99 09: 47a So Salem/Bob Blair 9797406771 p. l n I �t 'G`o 4z 3�"1-c W (,o wtM ss wq Goldeneye Corporation 4 Blane.y Street, Suite 1 Salem, MA 01970 (978) 744-3800 I2 May 1999 Mark George, Chairman VLA FAX Salem Consenation Commission City of Salem, Planning Office One Salem Green Salem, M.A 01970 Re: Amendment to Order of Conditions at 10 Blaney St. Dear Mr. George; Due to recent changes to conditions at our property and the requirements of our intended business operations for ferry and harbor tour vessels this summer,we are requesting the following amendment to our existing Order of Conditions: 1. Replacement of a 50 foot ramp and bottom anchored floats in accordance with the attached drawing. final configuration of bottom anchoring arrangements will be in accordance with harbormaster and DEP guidelines. 2. Placement of an 8'X 48' trailer and exterior ramp for ticketing and vessel equipment storage,as shown on the plan,meet ir minimum setback requirements from property lilies and water's edge. Trailer willShave phone and electric connections only. 3. Placement of a tent for waiting area/wealhcr protection,approximately 20' x 30'. 4. Placement of two portable toilet units. 5. Placement of a trash dumpster. Thank you for your cooperation. We are available to answer any questions or concerns that might be raised by you or other members of the Conservation Commission, cer y, S letu IG Id neye Corp. May 10 99 09: 47a Bo Salem/Bob Blair 979740G771 p. 2 Goldeneye Corporation T�i e' Site Modifications for aumps'.er Salem Ferry Landing 8'x48' Trailer ' 10 Blancy Street r.bY�n �iyy'v Ram I. i Existing Favernent 20 x Tent 80 Float Ram SALEM HARBOR Float � y F at Anchors 0 0 310 CMR 10 .99 DEP Fite No. 64-247 Form 7 (To be provided by DEP) City/Torn Salem Applicant Thomas Mankev .c ons Co0®onwealth of Massachusetts EXTENSION PERMIT MASSACHUSETTS WETLANDS PROTECTION ACT . G.L. c. 131, 540 From: Salem Conservation Commigginn Issuing Authority To; Goldeneye Corporation 4 Blaney Street (Name) (Address) The Order of Conditions (or Extension Permit) issued on April. 11, 1996(date) to Thomas Mackev & Sons (name) for work at in al �,.o., cf, gQt (address) is hereby extended f7DgXX�XkGY ,4h� XM XWARX5%§[;zgtARX9-XR$RRR'-Until November 30, 1999 This Extension Permit will expire on November 30, 1999 .(date) This document shall be recorded in accordance with General Ccidition 8 of the Order of Conditions. - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Leave Space Blank) 7-1 Effective 11/10/69 Issued by Salem signature(s) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this 25th day of Mara) 19 99 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 / h exec te ame as his/her free act a}iEN deed LE Notary Public MYCOMMiSsion Etnim lslov 19 9nM ivG ry Puylic My commission expires Detach on dotted line and submit to the prior to commencement of work. .............................................................................. io Issuing Authority Please be advised that the Extension Permit to the order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original order of conditions on , 19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this Transaction is signature Applicant 7 2 Hpr 01 99 11 : 13a Bo Salem?Bob Blair 9787406771 p. 2 Goldeneye Corporation 4 Blaney Street, Suite I Salem, MA 01970 USA I April 1999 Mark George, Chairman VIA FAX Salem Conservation Commission c/o Steve Dibble City of Salem,Planning Office One Salem Green Salem,MA. 01970 Re: Amendment to Order of Conditions at 10 Blaney St. Dear Mr. George, Goldeneye Corp. is hereby requesting an amendment to the eidsting Order of Conditions for 10 Blaney Street. he existing Order currently allows the temporary placement of an 8 foot by ZS foot trailer to be used as a ticketin and waiting area. We are requesting to place the tra>7er,which will be 8 feet wide by 48et long--similar to the trailer which was placed here last year by the City--within the footprint of the building which we are proposing in our drawings for the NOl. We would like to place the trailer during the month of April and maintain it there until the end of October 1999. Sincerely, 1 - Bo Salem Goldeneye Corp. GOLDENEYE CORP. 4 Blaney St. Suite 1 Salem, MA 01970 18 February, 1999 Mr. Mark George, Chairman Salem Conservation Commission 1 Salem Green Salem, MA 01970 Delivered By Hand Dear Mr. George, Goldeneye Corp. is requesting to be placed on the agenda for the meeting on 25 Feb. 99, on the following two items: 1. Request to extinguish the Enforcement Order issued on 24 August 1998. 2. Request for a Certificate of Compliance on the Order of Conditions granted to Thomas Mackey and Sons in April 1996. If you have any questions, please call Bob Blair or me at your convenience. YR tru o Salem, President GCorp. e r# SALEM CONSERVATION COMMISSION SPECIAL CONDITIONS -DEP FILE #64-247 T. MACKEY& SONS,BLANEY STREET (Amended July 23, 1998) 1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice of Intent. 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project,the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions,the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. 'Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. 8. 'No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the names(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 10. A report must be submitted to this Commission from a Marine Biologist no later than 90 days from the issuance of this order. The report must be approved by the Commission before work can begin within 25 feet of the pool area. 11. Temporary cofferdams must be constructed around the pool area, and said area shall be cleaned of debris to the satisfaction of the Commission. No fill shall be added to this area until the applicant receives written approval of the Commission. 12. No drainage structures shall be constructed on sight. 13. Installation of a 9.5' x 60' x 3' steel temporary utility float and loading shall be reviewed and approved by the P.E. of record,Nucci Vine Associates. A signed and stamped original letter executed by the P.E. of record,Nucci Vine Associates certifying the existing facility can support the additional loading and the issuance of a City of Salem Building Permit and all other required permits shall be submitted to the City of Salem Conservation Commission before work can begin. The Conservation Administrator shall be required to review and approve the location of said float before work can begin. Said structure, when approved and installed, shall be removed prior to November 30, 1998. 14. Installation of a flag pole, a paved (maximum 240 sq. ft.) pedestrian ramp for handicap access for the trailer, underground utilities for electric and telephone, and a single no larger than 8' x 28' portable office trailer shall be permitted to be placed a minimum of 15' to the southwest of the existing paved apron to allow for the safe and proper fueling of the Salem Ferry. The above listed proposed improvements shall be subject to the issuance of a building permit and any other required permits with a copy forwarded to the Commission, the location of all improvements shall be approved and as directed by the Conservation Administrator, and improvements shall not be in conflict with the operation of the Salem Ferry and/or the license agreement between the City of Salem and Goldeneye. Eight foot pedestrian walkway and vehicular access as previously approved shall be maintained. No additional paving or changes shall be permitted without approval of the Salem Conservation Commission. Said structures and improvements, when approved and installed, shall be removed prior to November 30, 1998. 15. All refuse shall be legally disposed of, be kept away from resource area, and any receptacles shall have litter preventing dome covers. *ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. sd\concom\ooc\b1mey S J 310 CMR 10. 99 DEP Fite Mo. 64-247 Form 9 (To be provided by DEP) City/Tan Salem Appticsnt Goldeneve (Mackey) Commonwealth of Massachusetts Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conservation Commission Issuing Authority To Goldeneye Corporation Date of Issuance August 24. 1998 Property lot/parcel number, address Blaney Street/Webb's Wharf Extent and type of activity: Violations to existing Order of Conditions The Commission has determined that the activity described above is in violation of the Wetlands Protection Act,, G.L. c. 131, §40, and the Regulations promu,gated pursuant thereto, 310 CMR 10. 00, because: ❑ said activity has been/is being conducted without a valid Order of Conditions. Q Said activity has been/is being conducted in violation of an Order of AMEMDED 7/23/9 Conditions issued to Goldeneye Corp. dated , File number 6[,_?t+7 Condition numbers) l t ,�14 ❑ Other (specify) The Commission hereby orders the following: (� The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 i Issued by Salem Conservation Commission ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the on or before (date) , and no further work shall be performed until a public hearing has been held ' and an Order of Conditions has been issued to regulate said work. Application forms are available at: Q The property owner shall take every reasonable step to prevent further violations of the act. ® Other (specify) Goldeneye Corporation and Bob Blair and Bo Salem are hereby ordered to stop all work within resource area and bufferzone (100' landward of M.H.W.) Owners or owners representatives hereby further ordered to appear before the Salem Conservation Commission=at_ its. next :meeting on September 10, 1998, 7:00 pm at One Salem Green, 2nd floor conference room. Failure to comply with this Order may constitute grounds for legal action, Massachusetts General Laws Chanter 131, Section 40 orovides: Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dibllars or by imprisonment for not more than two years or both, Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to Salem Planning Department 745-9595 ext. 311 Issued by Salem Cons i ission Signatur 1A045 (S ' afore of delivery person or ertified mail number) 9-2b SEP 25 B" � SERAFINI, SERAFINI AND DARLING t Salem ' 1z:.1 e, D Crep ATTORNEYS AT LAW Salem NC 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI, JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER September 24, 1998 978-741-4683 VIA TELECOPIER Mark E. George, Chairman Salem Conservation Commission One Salem Green, 2°d Floor Salem, Massachusetts 01970 Re: Enforcement Order Goldeneye Corporation, Blaney Street Dear Mr. George: Please be advised that Goldeneye Corporation is prepared and willing to remove from the Blaney Street property its office trailer presently located on the site. As you recall, the trailer was located some eight feet from the location specified by the Commission. with the Commission's permission, arrangements will be made to remove the trailer from the site within the next ten days. I would respectfully request that the Commission grant Goldeneye permission to remove the office trailer, and to order that once the trailer is removed, and such removal is confirmed by the Commission, that the existing Enforcement Order will expire. Si erely, Ysie?hC. Correnti ttorney for Goldeneye Corp. JCC:dd cc: Goldeneye Corporation 184 West Central Street �� Boame COItSl[Ihllg EligllZee7Zllg Franklin, MA 02038' Ronald R. Bourne; P.E. - President Tel..(508) 528-8133 Fax(508) 520-6671 e-mail: bce@bournece.com May 28, 1999 OD Salem Conservation Commission One Salem Green Salem, MA .01970 ATTN: Steve Dibble RE:. Goldeneye Blaney Street' (BCE 98204) Subj.C.-Certificate of Compliance for DEP File No.64-247/Order of Conditions 64-247 Dear .Mr. Dibble Enclosed please find the Certificate of Work Completed under the Order of Conditions. 64-247 issued to Thomas Mackey and Sons. Also enclosed are the revised plans showing Phase I and Phase II work: I hope the above is satisfactory for you needs. Should you have any.questions or need further information, please do not hesitate to contact us. . Very truly yours; - BOURNE CONSULTING ENGINEERING - Ronald R.Bourne,P.E. . President. - Enclosures . Cc: Goldeneye Corporation t 184 West Central'Street �� B011l7le COItSI[Ill)Lg ESE neenn Franklin, MA 02038 TeL 508 528-8133- Fax 508 -520-6671 Ronald R_"Boume; P.E. - President � ) � ) e-mail: bce@bournece.com May 28, 1999 Salem Conservation Commission One Salem Green" Salem,MA 01970' ATTN- Mark George RE: : Goldeneye Blaney Street (BCE 98204) Subj.:. Certificate of Compliance for DEP File No.64-247 Dear Mr. George: As 'requested, this letter details the work which has been completed under the Order of Conditions 64-247 issued to Thomas Mackey and Sons. The work which has not been completed in that Order is requested by Goldeneye Corporation to be placed 'in the'new Order of Conditions. . The work performed under the original Order of Condition 64-247 consists of: ' 1. .Filling of a depression at outshore end. ' 2. Placement of rip rap along shoreline(underlayer stone only) 3. Regrading of site The work not completed for the Order of Conditions 64-247 is: 1. The placement of rip rap armament stone along the shore edge of the property. I certify that the work performed under this order was done in conformance with the Order of Conditions and that the only work not performed was the placement of armor stone along the shoreline. Should you have any questions or need further information, please.do not hesitate to contact us. . . Respectfully Submitted, Q BOURNE CONSULTING ENGINEERING - _ p�IWDR � •� CML 9 Ronald R. B urne P.E. E Or tsR d r President I Cc: Goldeneye Corporation 11-1999 1 =29PM FROM BOURNE CONSULTING 1 SOB 520 6671 P. 2 184 West Central Street Bourne Consulting Engineering Franklin, MA 02038 Ronald R. Bourne. P.E. - President Tel. (508) 52"133 ,Fax(508) 5206671 .e-mail: bcaobourneee.com March 11, 1999 Salem Conservation Commission One Salem Green Salem,MA 01970 . ATIN: Steve.Dibble RE: Salem Ferry Terminal (BCE 98204) Subj.: Requested Information for the Certificate of Compliance Dear Steve, Ibis letter is to provide the Salem Conservation Commission with the further information Mark George requested by telephone today- regarding the Certificate of Compliance for Order of Conditions 64-247 issued to Thomas Mackey and Sons. . All work included in the Order of Conditions has been'completed, with the sole exception of the proposed tip rap item_ The underlying rip rap has been placed.However,the armament stone has not been placed. If you have any further.questions regarding the Certificate of Compliance, please contact me at 508-528-8133, Very truly yours, BOURNE CONSULTING ENGINEERING Ronald R_Bo ne,P. . President Cc: GOLDENEYE FILE 184 West Central Street E ,BOn)9tB.COnsufti lg Engineering Franklin, MA 02038 Ronald R. Bcume; P.E.-- President - - Tel. (508) 528-8133 Fax (508) 520-6671 e-mail: bce@bournece.com February 19, 1999 Salem Conservation Commission One Salem Green Salem,MA 01970 ATTN: Mark,George,Chairman RE: Salem Ferry Terminal(BCE 98204) : - Subj.: Certificate of Compliance(DEP File No.64-247) Dear Mark; The current owners of 10 Blaney Street,Goldeneye Corporation, proposeto complete no further work under the Order of Conditions No. 64=247 issued to Thomas Mackey and Sons. Therefore; Goldeneye Corporation requests. a.Certificate, of Compliance be "issued for the Order of : Conditions No'. 64-247. ' We have visited the site and reviewed the Order of Conditions. I certify that all the work completed is in compliance with the Order of Conditions. If you have questions pertaining to this request, please contact Ron Bourne at 508-528-8133.'- Very truly yours, B RNE,CONSULTING ENGINEERING, - BOURN - VFRUCIUR .. .�,No 30B61 y . a Is a �` onald R.Bo me P.E. ss/oMALN6 . esidenf .. . Cc: Goldeneye Corporation - CEASE AND DESIST NOTICE Thomas Mackey& Sons, Inc. 0 BLANEY STREET, SHOWINGSITE PICTURES 1 DUMPING IN WATERWAYS 1 Kelley Marine r _ Resources September 1 1996 Page#1 of 3 1 1 1 -r 1 ymmg- r4 tr g � � S6 'I� p�i Sn �•. Y � �� _ � �aiW _ r 1 1 � Iq it pr y r l t r p� W 310 CMR 10. 99 DEP File No. Form 9 (To be provided by DEP) City/Tan Salem Applicant Commonwealth of Massachusetts Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conservation Commission Issuing Authority To Thomas Mackey and Sons 58 Broadway Salem MA 01970 Date of Issuance .Tnl;z 96 lgq& Property lot/parcel number. address Lot 278, Map 41 - Blaney St. Extent and type of activity: _ Dumping of stone and fill in and along water. The Commission has determined that the activity described above is in violation of the wetlands Protection Act, G.L. C. 131, §40, and the Regulations promu:gated pursuant thereto; 310 CMR 10 .00, because: ❑ Said activity has been/is being conducted without a valid Order of Conditions. ® Said activity has been/is being conducted in violation of an Order of Conditions issued to Thomas Mackey and Song , dated4/11 9F File number 64-247 Condition number(s) 1, 5, 6, & 11 ❑ Other (specify) The Commission hereby orders the following: ® The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by Salem Conservation Commission ❑ Complete- = rlication forms and plans as required by the Act and Regulations shall be filed with the on or before (date) , and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Application forms are available at: ® The property owner shall take every reasonable step to prevent further violations of the act. ❑ Other (specify) Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws Chapter 131, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both.. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to Conservation Commission Agent, 745-9595, ext. 311 Issued by— Signature (s) - N J (Signature of delivery person or certified mail number) cc: Leo Tremblay, Building Inspector 9-2b t r _1 Goldeneye Corporation 4 Blaney.Street Salem, Massachusetts City of Salem Conservation Commission City Hall Annex Attention: Mark George, Chairperson 7/23/98 Goldeneye Corporation requests an amendment to the order of conditions issued to Thomas Mackey and Sons on April 11, 1996, DEP #64-247 at 10 Blaney St. The requested amendments to allow for: 1. The temporary placement of a portable office trailer 8'x28' in the location shown on the attached drawing to be removed prior to the expiration of the order of conditions: 2. Providing utility services to the trailer for electric and telephone service through in ground conduit. 3. Construct a 6'x 40' blacktop handicap accessible ramp alongside the trailer. 4. Install a 9.5'x 60' x3' steel float attached along the northeast side of the existing H-piles by 1/2" galvanized chain roller loops . 5. Install an aluminum flagpole with a concrete base in the location shown on the drawing. Goldeneye intends to operate a ticket office and incidental refreshment sales activities in support of its historic harbor cruise and whale watch vessel business for the 1998 season from this facility. The installation of a flagpole is as a further landscape enhancement. + The trailer will only be occupied by employees and all business will be conducted as "through the window" type transactions. Goldeneye currently possesses a valid Health Dept. license for the sale of retail foods. Goldeneye currently possesses a valid Harbormaster permit for the float. Thank you, 20' g� Bob Blair 0 Salem Cha Ein Unk Fe_ce xisting / x /// / I PROPOSE�9.5'x60' lBtPORARY /1OrHP PILES ( UTILTIY PLOAT (NO PASSENGER OPERATION)' TOP OF SLOP I� / �v/ / L 95 20 3'x10' CONCRETE ABUTMENT 144Y 7g , �0l1 20'x6O' FLOAT 20'x4O' FLOAT\\\ 6'x50' ALUMINUM GA* 'MLW Qj��N OF DUMPED STONE/ / Di1NNIR. a i SHORELINE ATTACHMENT OF PROPOSED FLOAT a� b(?ULET / SHALL BE MADE WITH 1/2" CHAIN AT JVfL zi EACH PILE BELOW EXISTING 39452 i / ATTACHMENT. FLOATS WILL BE A9o� 1EA�o\�� -2 INTERCONNECTED WITH ATTACHMENTS /o AL TO NEW FLOAT. 10 _2 - �� \ \\\ � / / � _ - 0 60 120 4,5 6 \ �� -5 _-6 —— SCALE: 1` = 60'-0„ i 100 YR FLOOD 17.2 NGVD TITLE: IN: SALEM HTL 10.0 MLW 0.0 AT:SALEM H�3OR MHW 9.0 LAYOUT PLAN COUNTY: ESSR' STATE: MA Bourne Causuldag Engineering PURPOSE: APPLICATION BY: SHEET 1 (V2 184 west central Street, Franklin, MA 02038 TEMP. UTILITY FLOAT GOLDENEYE CORP., WEST GLOUCESTER, MA DATE:JULY 1.M :a:, .. ,.. '..'•. ..:.. ..f.Ca:45L. •f . . `I .♦:0::Y:- ..�..'w. .h:-.a: � L iyy I f BUS DROP OFFA -REA J 1� •,r , • JIB . ,•- -, TRNLE-ftSF ob ; 2.1 PASSENGE , k SERVICES 64 ONO ABUTMENT (QL? i1 RAM 20,X4 ,,FLOAT (TYP) STEEL PikTYp) !R-AILER 20'x8 µ FLOAT% t ♦ -: �L� •.^• -~ r. � f/"�I.�' M1` / ,. F 4 i T� l , � J you ^1W�. �f •�w.i•.�. y �� .J.rM� .�! )` rf Nr ♦ � t fl{��.. tr� �. . r •i. • 1 , {I�• �f�y��•+t_,'l��yp.J��' .,., ' ` I` 1. •k• , ll�d� .i�f ny °� .,, 'x50' 'UMINUM ': ANGyl T \�4kµ4 l w � ♦��. '� I��J�v'1 itt.•nG4•..ti f��•. 4�Ir:n l titr « c ,.r�r"l l ../11 a: ,1a�/,`>>i t..lY 3iy Xy.N.n , i Y.f .-� ,E.1 M:. !♦ .na. /... .y1..r 3.A.1.'.•r r 11�. ,'� Z �Lr!. .�h .(� !.'lf �JIRFI':tl\�Y1TdJ� t1..M1 r ..L.i.. BUS DROP-' OFF AREA 14'x50' ,�.. � ' ,'%• ' ,fir%' ../. .TR�A LEft' G E ,A' •AI`'RCJN :=f00 SF) R- PASSE!VG� ; � S"ERVICES - ABUTMENT CP,� ©-cN��s} ♦ ' \\ It o, ,•, LIT • L20� -4 . ' FLOAT • STEEL Pip. �P' : . A (TYP) 1 yN} tY1 4� �r ,,♦J ! 'R�4 LER - ♦' ♦ r ••. 20'x6�' FLOATS (8'T � • �. -�y,� ssAs Y• ..+�' .. •�///s/• ! , . 3 a� r p )�!•�� ♦ (t� ..'•' �.'�..:::: "-'• • ,a}•1•os • • •s t?f'�r� iys i� ' alC - K ., �tr��'ry11��i` +1�"•,a„•I� �t� i3 �. - �•; ....Y>�a, ,, �. �., �x50' ALUMINUM . i pr � n•+� �•FF•4 .• 'lA•,• •• .1_•Yr• {ff.�n' t r ,+ t�)d'.7." / !p i"Y / .art '�}`ky� 9•fe?-.Y.GOYw./4��:(L•Yfi' l: V•fl._/�L'..v..q.�.SaN1 l...w .M. .. {. .11 f. d.r a.K Y.:'rl. 1�bi.•:..A .t b� .�.. � !',/f t'.F /•0•{Ild 7-23-19% 4:34PM FROM BOURNE CONSULTING 1 SOB 520 6671 p• 2 t84'West Central:$dee!': :Bourne Consulting Engineering . �tanslii,,.l�la.o2osa konald it. Bourne, P.E. - President -�_ — •Tel.,(508)62"133' Fax(508).520 6871. • e-mail: bce�bouineoe.cgm. July 23,199,8 Salem Conservation Commission Salem City Hall 93 Washington Street Salem,.MA 01970 Via facsimile(97$)740-0404 At=, S(eve Dibble Re: 'Tempprary Float Pile Capacity (BCE 9820s) Subj.: Goldeneye Corporation Application Dear,Mr.Dibble: Boume Consulting Engineering is writing on behalf of the Goldeneye.Corporation to inform you of our discussions with the Cities consultant,Nucci Vine Associates;concerning the oapacity,of the piles for the temporary' ferry terminal at the foot of Blaney Street The discussions weie whether the spud piles that .anchor the temporary floats would be adequate for an additional temporary utility float.It'was determined that this additional utility float will have no detrimental,effects to the pile's. If you have any questions or need additional•infomiation please do rrot hesitate to contact me. cry y yours, BO E CONSULTING EN.GINEERINQ. T3anni Goulet,PE Project,Manager DRG/bab *03ars Natural Resource Services, Inc. 6 May 1996 William Kelley Kvllvy Marino R6eou009 'hacker's Wharf PO.Box 212 Marblehead,MA 01945 RE: Wildlife Habitat Assessment; Blaney Street,Salem,Massachusetts Dear Mr.Kelley: Natural Resource Services,Inc.(NRS)has completed the Wildlife Habitat As- sessment report for the above referenced property. Enclosed,please find the NRS report detailing the existing conditions of the site,assessment of the current habitat potential, as well as any effect the proposed alteration would have on the wildlife habitat potential of the project area. Please contact my office should you have any questions,or require additional in- formation. Ve ly y President SP1tJpr P.O. Box 311 Herrisville. RI 02830 401 -568-7390 FAX 401 -568.7490 Wildlife HaEAssessatent Bla, Prepared For: Kelley Marine Resources Tucker's Wharf,P0.Box 212 Marblehead,Massachusetts Prepared By: Natural Resource Services,Inc. Scott P.Rabideau 6 April 1996 Introduction Natural Resource Services,Inc.(NRS)has completed the habitat assessment of an isolated marine feature located within the subject property. This site is located off the southern terminus of Blaney Street in Salem,Massachusetts. The southern and western portions of this site directly abut the northern edge of Salem Harbor. The current property owners,T.Macky& Sons,Inc.,have received an Order of Conditions from the Salem Conservation Commission,identified as NE 64-247. This Wildlife Habitat Assessment Report shall serve to fulfill Condition#10 of the Order,which requires that an isolated depression with pooled watt, bu o.elumed as a potential wildlife habitat prior to its proposed filling. Existing Conditions The subject property consists or a vacant parcel located off the southern terminus of Blaney Street in Salem,Massachusetts. This site maintains over 800 linear feet of wa- ter frontage along the northern edge of Salem Harbor. This shoreline is primarily cobble in nature. A dt8ap bank is present along the stwthem and weatem shores. An oxi&5 granite sea wall is located along the northern shore line. A depression which maintains an area of open water was observed within tho south-eastern tip of the subject property. This area is approximately 9,WU square feet in overall size and is subject to the NRS wildlife habitat assessment. The Salem Conserva- tion Commission has issued an Order of Conditions allowing the property owner to fill this depression,upon fulfillment of the 12 conditions. Currently,a coal-fired power plant is located on the abutting lot to the immediate east. An asphalt pool serving the power plant extends up to an existing fence,in the south-eastern portion of the property. In addition,a large marina is located off-site to- ward the west. The level of urban development and industrialization along this waterfront does not promote a good wildlife habitat. Habitat Assessment At the time of the NRS site inspection, an approximate two(2)feet of water was observed within the subject depression. This brackish water would appear to result from extreme storm surges that overtop the southern bank and deposit sea water into the de- pression. Due to the topographic position of this feature,it is likely that storm water nmoff also collects in this depression. The steep banks of the identified depression consist of cobble and boulders. The soil investigation revealed dxc tnw "of a muoky bottom nrdthin the depression. This indicates a consistently flooded hydrology, Some vegetation was observed within the subject depression.Those species iden- tified include Rockweed(Fucus sp.)and the Filamentous Seaweed known as Spongomor- pha(Spongomorpha sp.). Both species are common in and along the coast line,especially in pools of brackish water. Additionally,both species of vegetation are found in abun- dance along the Salem Harbor shore line. Wildlife species observed to be utilizing the depression include Common Periwin- ido(Linewina liunrva) A small school of fiy fish were also observed within the open water of the depression. None were caught,thereby hindering accurate identification. Habitat Evaluation The identified depression does sustain a small fish population. Normally,such conditions could potentially offer a good habitat for species of waders. However,the vis- ual and auditory impacts originating from the nearby marina and adjacent power plant would preclude the use of this area by most species of water-dependent avians;including the heron,egret and ibis, as well as other species. The primary utilization of this site is likely limited to Herring Bulls(Larus argentatus). Tka oalinity lovola found ttnthin tho dopranoion would alto preclude the tics of the open water area by any freshwater herpetile species,such as frogs,salamanders,etc. The isolated nature of this feature and infrequency of flooding within the depression does not allow any predatory fish or mammals regular access to the open water pool. 2 The invertebrate life observed to be present would serve primarily to sustain the limited fish population. However,should the open waters of the depression dry out during Uic summer mmi,11%, Il,r. f,h papµlation would rrifim It is our opinion that this depression does not provide any substantive level of wildlife habitat. Any wildlif'b spwies wnTAtly within or utilizing this depregign and the associated area of open water have access to the entire Salem Ilnrbor share front. The presence of a power plant and marina in clwu pioTrimity to tars situ wnutd V vra01 r limit uao by any aprsie5 ffitlgl ttlp those acclimated to human activity and disturbance(eg. IIerring Gulla). Therefore,in our opinion,the proposed filling of the identified depression would not result in a substantive loss of potential wildlife habitat. • f I tS li ;�► +� I��t�<,��,g.��f3��, 'A6,6�;��: m'LPt.C1� l i�.`';�� ail..�: IVA , ff eZ= `'� i J . .. fl v# r fit\ 1 Yf PAP ( `\ C . ) xG / � f t r t .�� 1,�� a ��I:'f ` ' ' HqHbo •*auk NN,tR��s-'., 1 ifl SCOTCP.RABIDBAU Natural Resonme Services,Inc. EDUCATION Jamaty 1986 Lesley Coliew Cambridge,MA Master Of Science Degree,Business Management May 1982 University of Rhode Island Kingston,RI Ranhnlnr of grimm nvm,Natural Resmurz Setrnrn January 1991 Unlversg OrMassaellnsew Amherst,MA 12 Graduate Credits,Sou Science ELECTED POSITIONS 1/95-Present Member of Rl Oeneral Assembly State Represmattive,Dletdc;t60 Burrillville,RI EXPERIENCE 8/87-Present Presidmt Natural Resource Services,Inc. Iiarrisville,RI Private environmental consulting firm specializing in freshwater and coastal wetland studies in Rhode Island and Massachusetts. Experience includes wetland delineations, desig Iq replacement wethmda,restering wetlands,wildlife habitat evaluations,permitting altendloas through state and federat agencies,representation at public hearing and expert te®tlmorly. 9189-5/90 Son Sckndst Project Barth Team Middlebndge,MA Project required individual to classify 1,000 acres of soils in Wareham,Massachusetts for the US Son Conservation Service. Expel Included both field work and aerial photo interpretation 1/86- t?J87 Wetlands Consulhu t Drown and Rabidesu Environmental Services Private environmental consulting firm specializing in wetland delineations,watlawl evaluations,septic system designs and perc tests. Experience included wetland delineations and evaluations. 9/92-4/85 Manager of Faxon Farm Lincoln School Providence,RI Experience In managing a 32 acre errvlmnmental education center and athletic facility. Responsibilities included developing nature Programs and managing wetland and upland habitat SOMT P.RABIDEAU Page 2 PUBLIC APPOINTMENTS 8/83-3/SS vice Chabman,Conservation Commission Town of Rehoboth, Rehob0dk MA The Conservation Commission has direct respomibility for pemdvjm Welland aitoretions witbin the town. Experience included evalusting wetland delineations,evaluations,mtiigatiou plans and millacemeN Wetlands. CERTIFICATIONS Associate Profeasloaal Soll Scientist The Am0d=Society of Agronomy Eadiono mW Subconsukut,Weliands RI Depmtareat of Transportation Providence,RI PROFESSIONAL ORGANIZATIONS 1/93•Present Member Rl Association of wetland Sclomists 6/93-12/94 Preddeat/Member of Board of Directors RI Association of Wetland Scientists 6/92-6/93 Tremmr/Member of Board of Directors RI Association of Wetland Scientists Associate Proteeeioaal Soll Scientist Soil Sclera Society of Amerlca Wisconsin Member Socety of Weiland Scientists Nonh Carolina Member Association of State Weiland Managers New York EXPERT QUALIFICATIONS Expert to Welland Detiaeatloms,Habitat Evaluations RI Depamnent of Bmiromtstntal Management Administrative Adjudication Division Expert in Wetland Ddmestionk Habitat Eva►aatlow RI Coastal Resources Management Council Expert to Wetland Dellmodons,Habitat#Evaluations Superior Court,Woman County,Massachusetts Expert in Welland Delineations,Habitat Evaluations Superior Court,Providence County,Rhode Island ORDER OF CONDITIONS T. MACKEY AND SONS 4 64-247 1 . All work shall conform to the above-referenced Notice of Intent (NO[), site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice Of Intent (NO[). 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed, in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. 8. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 9. Notice shall be given to this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the name(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that compliance operations are conducted in with this Order. P 10. A report must be submitted to the Commission from a Marine Biologist no later than 90 days from the issuance of this order. The report must be approved by the Commission before work can begin within 25 feet of the pool area. 11 . Temporary cofferdams must be constructed around the pool area, and said area shall be cleaned of debri to the satisfaction of the Commission. No fill shall be added to this area until the Applicant receives written approval of the Commission. 12. No drainage structures shall be constructed on sight. *ongoing conditions that do not expire upon issuance of a Certificate of Compliance. jm\bd\mckeyocn DOYLE & DOYLE ATTORNEYS AT LAW SHETLAND OFFICE PARK,BUILDING ONE 27 CONGRESS ST. SUITE 401 SALEM,MASSACHUSETTS 01970-5575 JOSEPH F.DOYLE(1912-1981) JOSEPH F.DOYLE JR.(1957-1991) TELEPHONE(978)740-0470 PETER F.DOYLE FAX (978)741-2368 April 23, 1998 Mr. Steve Dibble Conservation Administrator/Planning Department 1 Salem Green Salem, MA 01970 Re: Order of Conditions, File No: 64-247 10 Blaney St. , Salem, MA 01970 Dear Mr. Dibble, Pursuant to your conversations with attorney Joe Correnti, . enclosed please find a request to amend the order of conditions relative to the above captioned property. It is my understanding from speaking with Mr. Correnti that I do not have to appear tonight and that the matter will be handled without a representative from T. Mackey & Sons, Inc. being present. If I am mistaken or if you have any questions at all, please do not hesitate to contact me. Thank you. Very truly yours, " Peter F. Doyle PFD/lyd enclosure DOYLE & DOYLE ATTORNEYS AT LAW SHETLAND OFFICE PARK,BUILDING ONE 27 CONGRESS ST. SUITE 401 SALEM,MASSACHUSETTS 01970-5575 JOSEPH F.DOYLE(1912-1981), JOSEPH F.DOYLE JR.(1957-1991) TELEPHONE(978)740-0470 PETER F.DOYLE FAX (978)741-2368 April 23, 1998 Mr. Mark George, Chairman Salem Conservation Commission One Salem Green, 2nd Floor Salem, MA 01970 Re: Order of Conditions, File No. 64-247 10 Blaney Street, Salem, Massachusetts Dear Mr. George, This is a request to amend the existing Order of Conditions, File No. 64-247, dated April 11, 1996, to allow final grading and placement of a crusher-run (lynpac type material) surface on the upland portion of the site. The Applicant understands that all other applicable conditions of the Order remain in full force and effect. Thank you for your consideration. T. Mackey & Sons, Inc. by its Attorney, :74 Peter F. Doyle PFD/lyd l!! - .'I� � � �'� ':. ♦ e Bna ♦ ��{ i i .` 1 � FI Isle Shoul .i 11 F. nwood a+\P Y�,'G� `� �7.., rl •i y 7Prck 5�i .� \\ -„\ I �l �� s A. ems_' _ i� +�� : 1 `Great Haste g a u 'a • ( I % Il�� / 1 �•'.•:I•!,t 01 r i II 1 I i cot r Re r � I. � ' / •. ¢ •{-�� ' I ppgq/ Bf /' / J JO TE 0 1, i I ' I .- � r m� . •'. �1 p " r 7) M� 3+ft d-. ,6 r A ) _ .: �� f � �/./ `•�, \ A � r � � �- _ 9ch .•: � Subs V �//� � � r� O��r��\�� ( � >. � J • erp� 7 - aR J ock § Knap bra arno,_omney G ov -Ii 1 i 107 `h 0 d'y - 5 •�•/,�. '�-�/afRlde /Y i� Rocka le' Co°mmo - / C? Sal m Termm 1. G' " Rocks: '1 SOU 7 H�� Wellm¢n �� Td nBndeauiirs j,. �"� Mu "� • r ,�♦' 1 r ! Cloutman Ledge, C�,�_ 0401 uter gnrti ' �Fr�dear one s + / � 1'' IBwr+caf _, ,§ � 't '•� F—�°nil-,. 'h © 'RO(nt r � -� - L 'I � '•i°r � ,, d �� I , unxsoa=sr � IYo �� R� 6rt ` � � � o � � ';-air L sr ht\� 3 '\ Point Wa • a Q/\ j. t . - Long Poln[ SA M r is 16 �✓ o :.po\fA/. BroHl' /a , I�I r I71i' \ /J � �" It elroa.r \ Inver �� u 1 5/ r -I a� lant,� ,nlf S P \� a K �r - oue il.'4 /�13)6K r r'' '-u r�e lt'oo �'i. r 1 �I' �� i J r' �� -., w C_�� ram✓' �,' JadK /I �., r .:�p� �+ +r•' . y - Park .Plckerog +r r �,i M.. � fl Polnt MARBLE oodwins ead 11HIgh^a 4 O t/H Jdc WU'"n )I (\ �( it Anrr� l I•' s, c?" r Iscb _ rv��-: �" 'iRem°r HARE ,-- r rk n 1 f a r R / r'� -\ ".J d-=r` + I S • gl r ..,t,.,Hn' 6 s �i '.Co 1342 a 343 3qq SwaMVSCO"ASKM 345.,.4 52' 30" 1 347 348 —2 - -- 3 4 SCALE 1:25 000 500 a oco — -- — - - I 1 CENTIMETER ON THE MAP REPRESENTS 2W METERS ON THE GROUND 1 2 CONTOUR INTERVAL 3 METERS IROo-� 0 2000 400o 310 CHR 10.99 DEP Pile No. (ro be p-rided by DEP) Fora 3 aly/r— SALEM - Applicant Thomas Mackey&Sons coemom malth Department of of Xaarachusetts Defense United States Notice of Intent of America Under the Massachusetts Wetlands Protection act, G.L. C. 131, 540 and Application for a Department of the Army Permit Part is general information 1. - Location: street Addresa 10 Blaney 04reet , Ralem MA 01 Q70 Lot Number 0041778 2. Project: Typed Description Anf lirant,��nnrnoo� ♦.. .0�.�.70 ....,] F.n ..:to DoPN:�.F3p F8^p RFn3B3'333�9i333'6k3n�3E1g-91tB 3. Registry: county Essex current Book 4722 Pace 004 Certificate (if Registered Land) 4. Applicant Thames Mackey & Sons zel. icnQ�zn�r9 Address 58 Broadway, Salem, MA 01970 5 . Property owner Tel. - Same - Address 6. Representative William H. Kelley Tel. (617) 639-4454 Address 71 A Front St., Tucker's Wharf, Marblehead, MA 01945 7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand deliver, 2 copies of completed Notice of intent, with supporting plans and documents? Yes No ❑ b. Has the fee been submitted? Yes No ❑ C. Total Filing Fee submitted 6-56' e d d. City/Town Share of Filing Fee 5� State share of Filing Fee 5� (sent to City/To n) (B of fee in excess of $25, sent to DEP) e. is a brief statement attached indicating how the applicant calculated the fee? Ves ❑ No 3-1 Effective 11/20/92 S. Have all obtainable permits, variances and approvals required by local by-law been obtained? Yes W No ❑ obtained Applied For: Not Applied For: D.E.P. License # 4916 D.E.P. License # 4548 9. Is any portion of the site subject to a Wetland■ gpstrictjyn order pursuant to G.L. C. 131, S40A or G.L. c. 130, 51057 ye■ U No ak 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter Title, Date Exhibit 8 Site Plan & Layout Exhibit C D.E.P. License # 4916 23 January 1996 Exhibit D Fee Schedule 11. check those resource areas within which work is proposed: (a) ❑ Buffer Zone (b) inland: ❑ Bank- Land'subject to Flooding Cl Bordering vegetated Wetland* ❑ Bordering ❑ Land Under Water Body i Waterway* ❑ isolated (c) co etal: Land Under the ocean* ❑ Designated Port Area* ❑ coastal Beach* ❑ Coastal Dune ❑ Barrier Beach* ❑ Coastal Bank ❑ Rocky Intertidal shore* ❑ Salt Harsh* ❑ Land Under salt Pond* ❑ Land containing shellfish* ❑ Fish Run* *Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. see General Instructions for completing Notice of Intent. 3-2 12. Is the project within estimated habitat which is indicated on the moot recent Estimated Habitat Map of State-Listed Hare wetlands wildlife (if any) published by the Natural Heritage and Endangered species Program? YES [ ] NO [XX] Date printed on. the Estimated Habitat Map NO MAP AVAILABLE [XX] (if any) If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered species Program via the u.s. Postal service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? YES [ ] NO [ ] If yes please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered species Program. Part In site Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe existing site conditions. Identifying Number/Letter (of plan, narrative or calculations) Natural Features Soils Vegetation Topography open water bodies(including ponds and lakes) Flowing water bodies(including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test Boundaries of resource areas checked under Part 1, item 11 above Other Man-made Features: Structures (such as buildings, piers, towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes Subsurface sewage disposal systems underground utilities 3-3 Roadways and parking areas Property boundaries, easements and rights=of-way Other Past Ills Work Description Indicate which of the following information has been provided (on a plan, in narrative description or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of: structures(such as buildings, piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channals(with inverts) , dame and dikes subsurface sewage disposal systems a underground utilities Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas, where required in accordance with Part III, Section 10.57(4) of the regulations. wildlife habitat restoration or replication areas Other Point source Discharge Description of characteristics of discharge from point source (both closed and open channel) , when point of discharge falls within resource area checked under Part I, item 11 above, as supported by standard engineering calculations, data and plans, including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre-and post-development peak run-off from the drainage art&, at the point of discharge, for at least the 10-year and 100-year frequency storm; 3. Pre- and post-development rate of infiltration contributing to the resource arcs Mocked viler Part 1, item 11 above; 4. Estimated ester quality characteristics of pre- and post-development ran-off at the point of discharge. 3-4 Part IV: Mitigating Masaure: 1. Cleerty, coMietety and accurately describe, with reference to supporting piano add ca Lculstidws where necessary: (a) All asasures and designs proposed to sett the perforsence standards set forth under each resource ores specified In Part 11 or Part III of the regulations; or (b) uhy the presumption set forth under each resource ores specified in Part II or Part III of the regulations de not epply. ❑ Coastal Resource Area Type.: Identifying number or ❑ Inland letter of support documents ❑ Coastal Resource Area Type: Identifying number or ❑ Inland letter of support documents 3-5 0 coastal Resource Area 'typal identifying number or ❑ inland letter of support documents 2. Clearly, Canpletely and accurately describe, with reference to supporting Puns and calculations where necessary: (a) sit measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Pert I, Section 10.02(1)(s) of these regulations; or (b) if work in the Buffer Zone will alter such an area, sit measures and designs proposed to meet the performance standards established for the adjacent resource ores, specified in Pert li or Pert III of these regulations. ❑ Coastal Resource Area Type Bordered Identifying number or ❑ Inland By too-EeAN$&DER THE OCEAN documents support No porous materials to be used under the ocean. Filter barriers to be supplied if deemed necessary. Exhibit B 3-6 Part v: Additional Information for a Department of the Army Permit 1. COE Application No. (to be provided by COE) 2. Salem Harbor (Name of waterway) 3. �g s and addressee of property owners adjoining your property: Neww ngland Power Company 24 Port Avenue, Salem,MA 01970 Robert Oullette 3 White Street, Salem,MA 10970 Richard Savickey 36 Dearborn Street, Salem,MA 01970 Hawthorne Cove Marina White Street, Salem,MA 01970 Veterans of Foreign Wars 95 Derby Street, Salem,MA 01970 4. Document other project alternatives (i.e. , other locations and/or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands) . 5. 8y" x 11" drawings in planview and cross-section, showing the resource area and the proposed activity within the resource area. Drawings must be to scale and should be clear enough for photocopying. certification is required from the Division of water Pollution control before the Federal permit can be issued. certification may be obtained by contacting the Division of water Pollution control, 1 winter street, Boston, Massachusetts 02108. where the activity will take place within the area under the Massachusetts approved coastal zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided, the application cannot be processed nor can a permit be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents and supporting data are true and complete, to the best of my knowledge. signature o�PpM` s Mackey & Sons Date a 9ef signature of Applicant's presentative Date William H. Kellez FORM "Exception to ENG Fora 345 approved by HOUSACE, 6 Key 1962" MED 100 (TEST) 1 MAY 82 "This document contains a Joint oepertsm t of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States Haters. The Office of Mans9esent and Budget(Olis) has approved those questions required by the US Army Corps of Engineers, OMs Muster 0702.00M and expiration data of 30 September 1983 applies". This statement will be set in 6 point type. 3-7 01 be Tommunwraltb of ff assarbusefts No. 4916 lug Mbrrras, T. Mackey and Sons, Inc . of -- Salem -- , in the County of - - Essex - - and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to - ---- maintain and replace existing fill andriprap -------------------------------------------------------- and has submitted plans of the same; and whereas due notice of said application, c a `; a ` r e _or has been given, as required by law, to the - - Mayor and City -- of the City of -- Salem; NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, ___ _n _ , authorizes and licenses the said -- --- T. Mackey and Sons, Inc . ----- subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to ----- maintain and replace existing fill and riprap -- -------------------------------- in and over the waters of - - Salem Harbor -- in the City of -- Salem - - and in accordance with the details shown and locations indicated on the accompanying DEP License Plan No. 4916 , (5 Sheets) . EXH1131 C PRINTED ON RECYCLED PAPER License No . 4916 Page 2 The structures authorized hereby shall be limited to the following use (s) : to provide a facility for the construction, maintenance and repair of marine related structures and other uses accessory thereto. This license will expire ninety-nine (99) years from the date of issuance . No structures shall be placed on the area of fill authorized herein, without the prior written approval of the Department . The existing seawall, fill and riprap were previously authorized pursuant to DPW License No . 4548 , issued January i6 , 1962 , and shall be maintained in accordance with the terms and conditions of said license . The Licensee may replace portions of the existing fill as shown on sheet No. 1 of the accompanying license plan. The remains of the existing finger pier, illustrated on sheet no . 1, shall be removed within 2 years of the date of this license . In accordance with any license condition, easement , or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks, the Licensee shall allow the public in the exercise of such rights to pass freely over all structures within such intertidal area Accordingly, the Licensee shall place and maintain, in good repair, a public access sign at both the easterly and westerly property lines, adjacent to the mean high water shoreline . The signs shall include any statement and/or logo specified by the Department and shall otherwise conform to the "Signage Specifications of the Waterways Regulation Program" , as may be amended hereafter . A Licensee' s Copy of such written specifications is provided with this license, and an additional copy shall be kept in the Department' s permanent license file (No . 4916) . Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said property not intended for lateral passage . Please see Page 3 for additional conditions to this License . - ---------- --- ------- ------ - - ----- ------- - ----- - ---- ------------ - ----- - - --------- Duplicate of said plan, Number 4916 is on file in the office of said Department , and original of said plan accompanies this License, and is to be referred to as a part hereof . License No . 4916 -cage 3 • STANDARD WATERWAYS LICENSE COTiDITT_ONS 1. Acceptance of this Waterways License shall constitute an acreement 'nv the Licensee to conform with all terms and conditions stated herein. 2 . This License is granted upon the express condition. that any and all other apnlicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3 . Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. _ 4 . This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. S . The structures and/or fill authorized 'herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be- construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner cr owners thereof. 7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chanter 131, s.40. 8 . This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be Ln strict conformance with all applicable requirements and authorizations of the DEP, Division of hater Pollution Control. 9. This License authorizes structure (s) and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for the purposes cf fishing, fowling, navigation, and the natural derivatives thereof. _ Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _ a Great Pond of the Commonwealth. The Licensee shall not restrict the public' s right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10 . Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place anv gates, fences, or other structures on such areas in a manner that would .impede or discourage the free flow of pedestrian movement thereon. ��- - . �' �J1 � . •� �� Ali -_ r �'�r. 7' ,� ✓ III a�k ; FINE / �e�lat��r itl..'+��',°� 1; ✓-' t.�r��?' �ry'� 'r`. •� 5(C C 4.�, ' �y ,�,✓ jl, «'i' � IKy;`,`y� �+jf9419+XEIr41F�} c � • 3�. f"tl7S� �l�y'`}I'"Sr.��(}Ua��Jy S��.Sf�t�Td�- Y��'F`y't{,3�t,�.lt'h}�'1 Ar fp�i'j1 -S' �a1 t,��'`t�pl�G�-4j�11•ijty��4Y�4!!Fi c j.� °�'�'jr�x�♦��'! i�ll�t�j ' • 1 : : 1 6 rJack Pelletier Philip Pelletiersq��! r1' •' �I 1 • .1� 1 tf a A J tilts�1 1 fJ+n 1.119Yi t '�: w' FOUNDATION PILES VIBRO UNIT IM4TAL License No . 4916 Paae 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department , and compensation thereof has been made by the said ----- T. Mackey and Sons, Inc . --- -- by paying into the treasury of the Commonwealth ----- two dollars and zero cents ($2 . 00) ----- for each cubic yard so displaced, being the amount hereby assessed by said Department (3 , 250 . 0 cu.yds = $6, 500 . 00) . Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of -- Essex. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this twenty-fourth day of January in the year nineteen hundred and ninety-six . -- Department of Director Environmental Protection Section Chief s� THE COMMONWEALTH OF MASSACHUSETTS This _ - :nte the of the Commonwealth by the said ---------- ---------- --- -- of the further sum of ----- zero dollars and zero ce 0 . 00) ------------ the amount determined by the Gover s a just and equitable charge for rights and privileges hereb nted in the land of the Commonwealth. BOSTON, te_erne_r- Notice of Intent Application 3-16-96 HISTORY OF WEBB WHARF FOR SALEM CONSER VATION COMMISSION SITE VISIT 10 BLANEY STREET, SALEM,MASSACHUSETTS Prepared for Thomas Mackey& Sons by W.H. Kelley PERMIT APPLICATION 90782 BRP WW 02 Transmittal Daniel Mackey Facility ID r�r'knownl Thomas Mackey & Sons. Inc. 58 Broadway, Salem, MA 01970 p ADDITIONAL INFORMATION WEBB'S WHARF' History c - Constructed as a crib wharf circa 18S1 by Benjamin Webb, merchant residing at 17 Turner Street, Salem, Mass. Webb Wharf runs parallel to New England Power Company property which is made land that lays between Webb Wharf and the old Philadelphia & Reading rail terminal (Philips Wharf). It was an active marine facility through the 1920's On January 19, 1977, the then harbormaster, James Welton, inspected the site and found "pilings and heavy timbers still in evidence." Harbormaster Ralph E. Hobbs, Jr. reported: "My first recollection of Webb Wharf was some 55 years ago when a Captain Betts either owned or used the wharf for a marine repair and salvage dock. The old Boston to Ban&or vessel "City of Rockland" was berthed at Webb Wharf and scrapped there. Her remains were then beached on Little Misery Island and burned to retrieve the scrap metal. Her remains are still there to this day. On 19 January 1977, at the time of low water, 1700 hours, the writer made an on scene examination of the area where the former Webb Wharf used to stand. The tide level at 1700 hours was minus 1.8 feet. The general shape of the wharf was clearly visible by the remains of old pillage protruding from the mud. The end of the former wharf extends approximately 185 feet beyond the present land area. There is still visible indications of the approximately wharf noted by several piles still standing on the right side on the present filled wharf area. signed: "Ralph E. Hobbs, Jr"., Harbormaster I PERMIT APPLICATION 90782 BRP WW 02 transmittal Daniel Mackey Facility ID (if known! Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 ADDITIONAL INFORMATION WEBB'S WHARF DOCUMENTATION 1859 MAP City of Salem, by Henry Whipple & Son. (Peabody & Essex Museum archives) 1886 PHOTO View of Webb & Philips Wharves. (Peabody & Essex Museum archives) 1872 ATLAS Essex County, by D.B. Beers & Co. 1872 ATLAS Large scale view. 1895 PHOTO View of Webb & Philips Wharves. (Peabody & Essex Museum archives) 1895 PHOTO Large scale view of outer Webb Wharf. 1911 ATLAS City of Salem, by Walker Lithograph & Publishing. 1919 PLAN Survey of Webb Wharf, by Thomas Appleton. 1947 PLAN Survey of Webb Wharf, by Edward S. Averal 1962 LICENSE # 5473, U.S.C.G. Light Structure. 1962 LICENSE Large scale of wharf area. 1912 LICENSE #3615,Louis Collier,Shown for Historic High Water. PERMIT APPLICATION • BRP WW 02 gQ7 Daniel Mackey ransmtta Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 Fecllity 10 li/ knownl .. mm�n 1'lull'I' Li�`Iwry L..-. ........ ........._ ... _. _ ... . -. `/\ 4 ` rrt � 7\ v 4 ff• ,j O 1 Lr 11 y` Webb's Wharf v , •i `� L III-„'�I ' G;^ .�.`,' +.... Constructed circa 1851 ' r �� _. -..t III � n41,• � (ATrQp HATXK A8a. ( IIRN11c u'I111.1'1:11 N anN. 1 ! tesv, City of Salem - Map 1859 From: Peabody & Essex Museum PERMIT APPLICATION - BRP WW 02 Daniel Mackey 90782 Thomas Mackey & Sons, Inc. transmittel 59 Broadway, Salem, MA 01970 Fecilif ID ('/ known) x s S > s �$i S 1�3 Ni x $ zxC x . V ,1 �y- f �a f � xxf kl i� 5. %.nv cT " U%+ 3 . i - .. $ c 6 nf� w WEBB'S WHARF - 1886 Photo from Peabody & Essex Museum archives # 5380 PERMIT APPLICATION • BAP WW 02 90782 Daniel Mackey Tiansmltta Thomas Mackey & Sons, Inc. 58 roadway, Salem, MA 01970 Facility ' weer,IHa�o• • • v �� C ICY• • . �It i '\. r' •' / .i _ WEBB'S WHARF 1872 NN Ag ox 1 _nr..a•..o•.. i , t 1 � I *.■.r ■ KA • 1 • . �' r � • . m �=.'�-'/'�' iil� i ;; - i 1 ; I' I ; 1, . 1.IM!I!1 ESSEX COUNTY ATLAS - 1872 by: D.B. Beers & Co. PERMIT APPLICATION - BRP WW 02 Daniel Mackey 90782 Thomas Mackey & Sons, Inc. rensm tta 58 Broadway, Salem, MA 01970 Facility ID lil known) y . .�. ,.�' 3:a.kp2:£ a`�?'.:�.kk `':ki's't?r°z•> "'�uy3£�`:�:!a$:vro¢c.�ti';«...,:,tiyx:k�;: �,�'�.. ��"ifg'.'4.F '!'6 d�.. �5'?:� Yr4'F%��"`>�b�+ki`ulb��j�K 3`•i.,R Sx¢B,�¢��k �� o�\��'`��\ ��\ ay ; >�` :n 'a£ a�i�'�a"�;,Fc, •�,�'��,`3 E,'�kaH 3,'�� ; � . Ly.>rar: 4 za $ ' � ,�.: a3.:.:kv 5 ao•. '':i> `�£:0.R k�.Fp .5 Ei'.:; •W„,. :¢ .^'f :� �o :C:¢ f. Ask i:.: ,v;�:�:R� ;F�f;S';�'' ,'e»:Y:.k""� YI.d'a �' ri b 3�:. �J':w .•'�,o" �;34{,ti:�o¢.e,'F^h'<.,di"fi;>'+c:?'bi•:.':<�i'eZ:r:�"?": `•.d>¢' n Y' �, 'Yk i :,i 'po.,,{,>:,:n.S>CC<.nxtt.k�R'^p::£i:!,.`ji�ii(;2> o �q ••. dV`�,�v�2 Rat i.`Sv i� k , WEBB'S WHARF - 1895 Large Scale of outer end Photo from Peabody & Essex Museum archives #15452 PERMIT APPLICATION - BRP WW 02 90782 Daniel Mackey Thomas Mackey & Sons, Inc. Transmittal 58 Broadway, Salem, MA 01970 Facility ID (if knownl a QQ v �O f• tf° I ��P O flalllf•U lll0 i, , F Y Y 2 W =.3 a ; ATLAS of the CITY of SALEM - 1911 by: Walker Lithograph & Publishing, Boston, MA PERMIT APPLICATION - BRP WW 02 Daniel Mackey Thomas Mackey& Sons, Inc, trensmRtal 58 Broadway, Salem, MA 01970 . Feaih W W fao.w/ Ir a,� � Y3 •Il �Q tl: V • ,� -- OrV•tMIAI —_ ,-. • .. ... ...ten.......:: .. ... :�.......:..w.. . M \ u. _� WEBB'S WHARF - 1919 Survey by: Thomas Appleton PERMIT APPLICATION - BRP WW 02 9U7H2 Daniel`Mackey Thomas Mackey & Sons, Inc, transmWer 58 Broadway, Salem, MA 01970 Facilily ID (if known) ci N\`f \\ \ ` % � ,/ I ESSEX COUNTY ATLAS - 1872 by: D.B. Beers & Co. Large scale view PERMIT APPLICATION - BRP WW 02 90782 Daniel Mackey ransm tte Thomas Mackey & Sons, Inc. 58 Broadway, Salem, MA 01970 Facilit ID (i knownl byy f§� t 4 ax r Webb's Wharf Outer End ` y 3 Y 5 b' i t 3= F R>( \ a \_ tix' 2 3 h $ $ $ i •` L �iib. HC. T i)u w XOT 01.111, xINv(2� n •, N.N. y�o€;yL.(g:;::.A..�, M. i € C C f x f 9 uY FY s i r 2 I�I s. f WEBB'S WHARF - 1895 Photo from Peabody & Essex Museum archives # 15452 1 �u vn ��, °FrtS,T� • alit • t• . : • 1F/cbb W 'R v A � • �• • :!mow � SS�iTION r sAi 10 r:vtllq in this 2 r� r 1 cis Iasi Ylttas) HAl2t3 I i r m r •n5 r i,.AGCOMPA24mo Plan=N Of o>C a> eo' wo a.o ao OWL bmad on the South ham Sewa;o .SONS INC. !yam datum:M.L.W. 0.0 tiff. hr 3 TLcLi�iatQ efuL 1�Ip}�e: This p finJa and om . ' Shs 11 h wt b� Iv�amd R in MASS.. SALBM, '�1ppcc % ty .: t+' i�lns. �— l t4for ' . JIM. r f. 1 I J 1 11 -t f7~.44-.—r__.1 r•M�'^+� �..`ti" •�to - C � j �� .1, y,] �,. I ! . h 1�4: i III I � `� h.t � y rhr r ,••1.• ! 4 F 1•I� p.,, � j i 7 ; 1 1 < '1•'1 1 �I �I 4 } all I}♦ 1 1 1 PERMIT APPLICATION - BRP WW 02 782 Daniel Mackey Thomas Mackey & Sons, Inc, Transmittal 58 Broadway, Salem, MA 01970 Facility p• F Ewa RpwrRT or osps.ao.ol/I sA1tY .•a. AscJ.t43/.vd.�R rp•I�Ne.J+y7TyG� . + i Raitw.E 0Wr Y YMN "All$ NIYI orN "IMmr map s, vast. OENEVA VICINI r PLAN. r Oa•pp' plot\@ pal.■ ♦ w \ . i • /1 w \ w W �w•0 �w 1 y� \ a ,........... Sort.041.Ip93 ae•.NS• 09 .•.�r • IL t q'ue. mce o S.. ri WEBB'$ t • Is �1e tre • el ��y� WHARF 962 .11•. Soa.r? S A L E M ` res,•Hr �(/G4ii!/ �j M r N . .. ARBOR ► ee ; itp Baal Vasa •/•,pl• • `l a"* LOCO Is p r u •r ,. 3 rrs * e e •Y r F l / CM It ea,eUeR , II ,•,, Is j • /, 00vas cow is .ro •p� • LOCATION PLAN ' Ne a see IeN 1 Nau a rust ,acre ,a•r 1.4•.t. taut as to lN"^y r S-/7j PLAN AecoYrANrING INo rt*InoN or +��"p rr ,r W FWA coed W o u.s COAST auA[no - .TA�i%L'V&fr1 �T �NY'x�it�7,1f0ai.�� iiQ lI SALLY INHARBOR a SALEM 1�y1r w�eewe /N//T I plJ MAIL .INS a � 1�C1 OS' WEBB'S WHARF - Jan. 22,1962 U.S. Coast Guard , D.E.Q.E: License # 5473 , Massachusetts Department of Enylronmental Protection REIC Bureau of Resource Protectlon—Wetlands and Waterways na(� BRP WW 10 Major Project Certification 'JUN 2 6 yo i 9Y ' BRP WW y 1 Minor Project CertificationSalem 'Planni,7 g ice, 401 Water Quality Certification for Fill and Excavation Projects In Waters and Wetlands 11 Applicant Informatlon 1. Which permit category are you applying for? 3. Authorized agent: ❑ BRP WW 10 ❑NRP WW 11 2• Applicant/Owner: Nun Kelley Marine Resources Axtw 65 A Front Street Nrrt Thomas Mackey and Sons GnAown Marblehead smt MA Add= 58 Broadway - c°"a"vNSon William H. Kelley clrypown Salem sWt MA TdaWwm(h=) (cat) 617-639-4454 comrdvesw, Daniel Mackey TOO"(luxne) fwu'k1 508-744-3849 Project Information 4. a. Provide a brief description of the proposed project(See 1. Project Location: Application Instructions and include a copy of the Notice of Intent, If any.): so-etlAgUresc 10 Blaney Street See attached sheet clwoun Salem NewulotAdlara"l WatalWy Salem Harbor b. Notice of Intent File number(if any): 2. Project Name(d any): 64-247 5. Identify the loss In square feet of each type of resource area Maintenance of fill. (see Application Instructions for additional information.): a. Bordering vegetated wetland: 3. a. Describe project purpose: N/A squirt reef See attached statement b. Isolated vegetated wetland: N/A squat rta C. Land under water. N/A squan rear d. Total cumulative loss of a f b. t c.: N/A ayuvt led b. Is the project e. Saft marsh: N/A Massachusetts Department of Environmental Protection Bureau of Resource Protection— Wetlands and Waterways Transmiffalt BRP WW 10 Major Project Certification 125171 t BRP WW 11 Minor Project Certification 401 Water Quality Certification for Fill and Excavation Projects in Waters and Wetlands t Project Information (cont). 6. a. Will the proposed project occur in any wetlands or 7. Alternatives Analysis: waters designated as'Outstanding Resource Waters'? As related to the project purpose,attach a detailed descrip- Nyes ❑ no lion of alternatives to the proposed project that were Note for 46: considered and why none are available that avoid adverse If yes to 6a or 61b, If yes has public notice been published in the Environmen- impacts to wetlands and waters. see Application tal Monitor? Instructions. If no alternatives are available,describe howthe activity wig ❑yes X7 no minimize or mitigate the adverse impacts to wetands and ( in process) waters. _ Dale OfpufYirafiun See application Instructions for information required. b. Is this project a subdivision or any part of a subdivi- Attach required documentation. sion? ❑yes no See attached sheet c. Is the project categorically subject to MEPA? ❑yes ono If yes,has final action been taken? ❑yes 0 no N/A If yes,please include copy of MEPA certificate. Additional Information 1. Is any of your proposed work exempt from the 2. Public notice to a newspaper of general circulation within Massachusetts Wetlands Protection Act or taking place in the area of the proposed activity must be published within a federal non-state wetland? 10 days of the date of this application. Is proof of public notice submitted? 0 yes Xo no Oyes Ono If yes,see Application Instructions for additional informa- tion needed. (See Application Instructions for additional information.) r Certification Application is hereby made for water quality certification. Aryicanrssspwrore 1 certify that I am familiar with the work proposed and Wprrwoe Daniel Mackey that to the best of my knowledge and belief the information contained in this application is true,complete,and accurate' Ayenrs ayrWure Pdilialm William H. Kelley Dae June 9, 1997 Rev.11M Page 2 of 2 125171 BRP WP 11 TrarLwd t Thomas Mackey & Sons 10 Blaney Street Salem, MA 01970 B Project Information Question# 3.a. Describe projectDurpose: The purpose of this project was to prepare the site for future integration into the expanded Salem Maritime Development District. The project as constructed will provide a site for improved public access and recreation associated with the proposed cruise ship port. Question #4.a. Provide a brief description of the proposed project: The project consisted of filling a section of the site and a dike prior to 1978, and filling in a small pool in 1996. Question # 7 Alternative Analysis: Due to the fact that this application is for existing fill there is no viables alternative to the project. Monitor and Salem Evening News Public Notice Pursuant to 33 U.S.C. 1341 and M.G.L. c. 21 §43, notice is given of a 401 water quality certification application for existing fill, Salem Harbor, Salem,Mass. by Thomas Mackey & Sons, 58 Broadway, Salem, MA 01970 at 10 Blaney Street, Salem,MA for future public harbor development. Additional information may be obtained from William H. Kelley, Kelley Marine Resou*ces, 65A Front Street, Marblehead, MA 01045, 617-639-4454. Written comments should be sent to: D.E.P. -D.W.W., One Winter Street, Boston, MA 02108 within twenty-one days of this notice. Any group of ten persons, any aggrieved person, or any government body or private organization with a mandate to protect the environment who submits written comments may appeal the Department's Certification. Failure to submit written.comments before the end of the public comment period may result in the waiver of any right to an adjudicatory hearing.