The URL can be used to link to this page

64-357 - 12 BUENA VISTA AVENUE - CONSERVATION COMMISSION �O}Z �'^� � v�� Awe. 6y -°�5a- C"N`��r CITY OF SALEM �Sytd 9 CONSERVATION COMMISSION April 18, 2007 Karen Cassola Norman 12 Buena Vista Avenue Salem, MA 01970 Re: Certificate of Compliance—DEP#64-357-12 Buena Vista Avenue, Salem, NU Dear Ms. Norman: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Carey Duque Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-357 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Karen Cassola Norman computer,use Name only the tab key to move 12 Buena Vista Avenue your cursor- Mailing Address do not use the Salem MA 01970 return —key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: JG &G Realty Trust, Julianna Tache, Trustee Name December 11, 2003 64-357 Dated DEP File Number 3. The project site is located at: 12 Buena Vista Avenue Salem Street Address City/Town 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 22977 36 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: April 10, 2007 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: wpaform 8b.doc•rev.7/1 a104 Page 1 of 4 ` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-357 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: Salem Conservation Commission Datb of I suance This Certificate must a signed by a majority of the Conservation Commission and a copy sent to the applicant and a ropr' gional Offi a(See Attachment). Signatures: i wpalorm eb.doc•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-357 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 12 April 2007 Day Of Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, D. Summer, and A. Hamilton, Name of Document signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/Town Conservation Commission 9 CAREY R.DUOUEg 16,201m Signature of otary Public Carey R. u ues Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpatorm 8b.doc•rev.7/13/04 Page 3 0l 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-357 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 12 Buena Vista Avenue 64-357 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 wpalorm 8b.dx•rev.7/13/04 Page 4 of 4 i v Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Nford Cumrington Hanield Monterey Richmond Ware Suite 402 Mherst Dalton Hawley Montgomery Rowe Wanvmk Springfield, MA 01103 Ashfield Cal ld Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertovm East Longmeadow Holland New Ashford Savoy Wesdield Fax:413-784-1149 Semardston Egremont Holyoke New Marlborough Sheffield Westhampton Blantllord Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveren Orange Southwick Williamsburg Chaster Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Atlon Chariton Hopi Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millvdle Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley 110111ston Nouhborough Southborough Westborough Phone:508-792-7650 Auburn Dunstal le Lancaster Northbridge Southbridge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham sterling WestfordTDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Benin Grafton Lunenburg Paxlcn Sturbridge Wlmhendon Blackstone Groton Marlborough Pepperell Sunan Worcester Bolton Harvard Maynard Petersham Templeton Boaborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Manapoisen Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gcsnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Anleborough Rockland West Bridgewater Berkley East Bridgewater Hanson Norton Sandwich Wast Fax:508-947-6557 port Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946-2795 Brewster Etlgad OakBlown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yemauth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmork Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Consent Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Belmont Dedham Lexington Nahant Rovde Fax: 617-556-1049 r Wellesley i Bevan y Dover Lincoln Natick Salem Wes TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury westt Newbury Boston Essex Lynn Newbury Saugus Weston Bcxfard Everett Lynnfleld Newouryport Sherbom Westwood es wood Braintree Framingham Malden Newton Spmeham Weymouth mingto Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington CamBurenton Gloucester Medfield North Andover Sudbury Winchester Cartbndge GrovalHamilton Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topslield wpaforrhBodoc•DEP Morasses•rev.4/12107 Page 1 of 1 v CITY OF SALEM CONSERVATION COMMISSION %TTF VTSTITI FORM PROJECT LOCATION: ld I��7Ll " 14 DATE OF SITE VISIT PROJECT PROPONENT: DEP FILE NUMBER: (01 PROPOSED WORK: ad&c (III" ,o -- Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: SITE�V.ISIT PURnce ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal ywEASQF7lLRSRON INLAND RESOURCE AREAS I COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean j Storm Flowage ❑Bordering Vegetated Wetland ❑ Designated Port Area El Coastal Beach ❑Land Subject to Flooding ElCoastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: f; ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area } ❑ Salt Marsh ❑ Land Under Salt Pond �1 ❑Vernal Pools j ❑ Land Containing ❑Anadromous/Cata- i Shellfish dromous Fish Run i ❑ Bordering Vegetated Wetland in Coastal Area i( 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 Fax: 978.740.0404 0 WWW.SALEM.COM ❑Water Body �'Bordering Vegetated Wetland ElBank ElCoastal Beach ElCoastal Dune TECI'ED., Protection of Water Supply Protection of Groundwater Supply �krlood Control ristorm Damage Prevention Prevention of Pollution ❑Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project:If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE-VISIT DOCUMENTATION ❑Photos ❑ Site Map ❑Other: - Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. i 4I0t 0 Al 24yt� had 01 RECOMMEND'ATIONS. ' � � F. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information RECEIVED- Important: MAR 14 2007 When filling out t• This request is beet made by: forms on the �C;/fin ��D/Q DEPT.Of PLANNING& computer, use Name /( '�DEGELOPMENT— only the tab Aa '�J�/�/7 O ,/ys /CC ✓Pl)(�key to move y C your cursor- Maili g Address do not use the �W 1112/9 Qf97� return key. City/Town State Zip Code r� Phone Number 2. This requestis in reference to work regulated 'by a final�Order of Conditions issued to: C yr /w Applicant ' QK/A 9. 3 l�)N -35 7 Dated DEP File Number Upon completion of the work 3. The project site is located at: /. Aveauthorized in / � At lFQ7� �jl l,V&LL. J� an Order of Street Address e Conditions,the City/Town property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance g y from the issuing K '90"'( /Y&*-ZWA4 authority stating Property Owner(if different) that the work or portion of therJ� work has been County Book age satisfactorily completed. Certificate(if registered land) 5. This request is for certification that (check one): Lt( 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 Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc•rev.7/13/04 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? lY hiYes 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. El No � �GL B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see Attachment). f woaformBa.doc•rev.7/13/04 Page 2 of 2 1 0 CITY OF SALEM CONSERVATION COMMISSION %T][F VTSTT FARM ' PROJECT LOCATION: �2f�j "lu«^ 43tl. — DATE OF SITE VISIT 3 Z o PR03ECT PROPONENT: mama -, DEP FILE NUMBER: PROPOSED WORK: t+ G_ Ng � NDANCEe _ 4•.. Commission Members/Agent Abutters: Applicant/Property Owner/Representative: r ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal Herr S•x®�WV•*vwx^crow e.—�+'.. INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank { ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage ❑Bordering Vegetated Wetland ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ii ❑ Salt Marsh ❑ Land Under Salt Pond r f ❑Vernal Pools , ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area H 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM .:BUFFER°ZONE.�(withfn_100-Wit)' " '"�. " ❑Water BodyiBordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune fSNTERESTS.PROTECTED Protection of Water Supply to Protection of Groundwater Supply Flood Control 777777Otorm Damage Prevention Prevention of Pollution ❑Protection of Fisheries "```""''' `��Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. ST[E= SIC DOCUMENTATION ❑Photos ❑ Site Map ❑Other: OBSERVATIONS'' , -, , Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. St(� ('e�ce l( ace_ & 6a,,L ti IL e Mx. RECOMMENDATIONS.- �- - - .� �-- --�--•�-. - _- �- �1� ' cM Co(-, r\� 4 ». CITY OF SALEM CONSERVATION COMMISSION October 10,2006 JG& G Realty Trust Juliana Tache,Trustee 208 Derby Street Salem,Massachusetts 01970 Re: DEP#64-357 and 358—Construction of portions of two single-family dwellirgs Lots 1 and 2-12 and 14 Buena Vista Avenue, Salem, Massachusetts Dear Ms. Tache: Please be advised that the Order of Conditions for the above referenced project will expitc on December 11,2006. If this development project is complete,you should Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this development project has not been completed, than you must submit a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to the expiration of the order, as required in the Wetland Protection Act If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project Please contact me at(978) 745-9595 extension 311 if you have any questions. Sincerely, Carey Duques Conservation Agent Planner Enclosures Cc: Attorney Scott Grover 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 o TEL: 978.745.9595 FAx: 978.740.0404 a w%vkJ.SALEM.COIDi I C Massachusetts Department of Environmental Protection DEP File Number: + Bureau of Resource Protection - Wetlands 64-357 WPA Form 5 - Order.of Conditions Provided byDEP v,µ ` Massachusetts Wetlands Protection Act M.G.L. c: 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions -lid To: Applicant: Property Owner(if different from applicant): JG & G Realty Trust, Julianne Tache, Trustee Same Name Name 208 Derby Street Mailing Address Mailing Address Salem MA 01970 Cityrrown State Zip Code City/Town State Zip Code 1. Project Location: Lot 2 Buena Vista Avenue Salem Street Address Cityrrown Map 9 Lot 93 Assessors Map/Plat Number ParoeYLot Number. 2. Property recorded at the Registry of Deeds for: Essex South 7199 111 County Book Page _ NA Certificate(if registered land) - 3. Dates: October 9, 2003 December 11, 2003 December 11, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan Located in Salem, Mass. Prepared by Eastern Land Revised Survey Associates, Inc. 12/3/03 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello (Survey)and Clayton A. Morin (Civil) Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Fom 5 Page 1 of l Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: ` Bureau of Resource Protection - Wetlands 64-357 WPA Form 5 — Order of Conditions Provided by15EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests,and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Form5 Page 2 of Rev.02100 L Massachusetts Department of Environmental Protection. oEP File Number: Bureau of Resource Protection - Wetlands 64-357 WPA Form 5 - Order of Conditions Provided bybEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath; paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. - 7. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" (or,"MA DEPI "File Number "64-357 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Forth 5 - Rev.0210D Page 3 of 7 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64 357 WPA Form 5 - Order of Conditions Provided byDEP _ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore,the Salem hereby finds(check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Fo.5 Page 4 of d Rev.OyOO i Massachusetts Department of Environmental Protection DEP File Number. _ Bureau of Resource Protection -Wetlands. 6y_35-4 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. �ecew•bcr 1\,200 3 Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office(see Appendix )an the property owner 'f different from applicant). Signatures: t/evev�ti� Of Day Month and Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and ackno ed that he/s a ex cuted t,4e same as his/her free act and deed. pt� kks- - IGI 2y d,4--- Nota ublic My ComrrExpires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on 1c:-~ 7.Lr 2�3 Date Date WPA Fenn 5 Page 5 of 7 Rev.02= Massachusetts Department of Environmental Protection DEP File Number: Bureau of x Resource Protection - Wetlands _; 64 357 — WPA Form 5 Order of Conditions Provided by°EP 3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the'interests identified in the Massachusetts Wetlands Protection Act, (M.G.L.c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservabon Commission WPA Form5 - Page 6 of I� Rev.02100 Massachusetts Department of Environmental Protection DEP File Number P Bureau of Resource Protection -Wetlands 64-357 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 2 Buena Vista Avenue 64-357 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner - and has been noted in the chain of title of the affected property in: Book Page _ In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form5 Page 7 of Rev.02/00 t Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE# 64-357 City of Salem,Lot2 Buena Vista Avenue 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-357 and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local pemiits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. I- t 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number_as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be 25 hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled from the wetland resource kP a location far enough g away areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or. concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,haybaae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21A, section 16. POST CONSTRUCTION 40. All disturbed areas d an slopes r p proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions-- - (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction . conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. No work and/or disturbance shall extend beyond the limits s of the staked hay bale line during construction. L L71� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Soalleem A. General Information Important: When filling out 1. Applicant: forms _JG&G Realty:-Trust;-Juliann=Tache, Trustee computerter,, use only the tab Name - E-Mail Address key to move 208• Derby Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 978-745-,=20.04 4_� Phone Number Fax Number(if applicable) 2. Representative (f any): W Tinti, Quinn, Grover&Frey Firm Attomey Scott Grover smgrover@tintilaw.com Note: Contact Name E-Mail Address Before 222 Essex Street completing this Mailing Address form consult Salem MA 01970 your local Conservation City/Town State Zip Code Commission 978-744-2948 978.745.3369 regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): Same Name Mailing Address City/Town State Zip Code 4. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: Lot 2 Buena Vista Avenue Salem Street Address City/Town 9 Part 93 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex(So. District) 7199 111 County Book Page Certificate(if Registered Land) RECEIVED OCT 0 9 2003 DEPT OF PLANNING& a o COMMUNITY DEVELOPMENT Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? 2,700 Square Feet ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g.,sq.ft.) B. Project Description 1. General Project Description: Construction of portion of single family dwelling well grading and landscaping in the Buffer Zone. 2. Plan and/or Map References: Site Development Permit Plan 09-04-03 Title Date Title Date Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Salem Lit Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ® Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered ,....r......+•........,. .v.cmn o...._a..,a Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, 0 Salem �` Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway(if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft.- New agricultural projects only ❑ 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High-Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ® DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ® 50% or more wetland indicator plants ❑ Saturatedfin undated conditions exist ® Groundwater indicators ® Direct observation ® Hyddc soil indicators ❑ Credible evidence of conditions Prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map P Y of State-Listed Rare Wetland Wildlife published b the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 ® No 2000-2001 Edition Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ACEC ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? ❑ Yes ® No I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemTown D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: Limited Project ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: Exemption ® No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of aftemative project design or location.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt:: Subdivision does not result in more than 4 lots. ❑ No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem TOM E. Additional Information Applicants must include the following with this Notice of Intent(NOI): • USGS or other map of the area (along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locate the site. • Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (n addition to pages 1 and 2 of Appendix B)to Confirm fee payment: 3686 & 3687 09/26/03 Check Number Check date Tinti Quinn Grover & Frey P.C. JG&G Realty Trust Payor name on check Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, Notice must be made in writing by hand delivery or Certified mail (return rece' uested) ers within 100 feet of the property line of the project location. L D r o pp scan Date Signature of Property Owner(if differen Date 9b Sign r o Rep esentative(if a Date Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab JG&G Realty Trust key to move Name your cursor- 208--Derby .Street . do not use the Mailing Address return key. Salem MA 01970 Cityfrown State Zip Code W 978-745-2004 Phone Number W-1 2. Property Owner(if different): Same Name Mailing Address Cityfrown State Zip Code Phone Number 3. Project Location: Lot 2 Buena Vista Ave. (West) Salem Street Address Cdyfrown B. Fees To calculate filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category fee list and The fee is calculated as follows (check applicable project type): examples in Section of this form.. El family house project X$1.00= (feet of BV(V) Total fee(not to exceed$100) ❑ all other projects X$1.00= (feet of BWV) Total fee(not to exceed$1,000) State share of filling fee: (1/2 of total fee less$12.50) City/Town share of filling fee: (12 of total fee plus$12.50) Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent(Form 4)or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1/Type of Activity: Describe each type of activity(see Section D for a list of activities)that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 311ndividual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5lrotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Step 1/Type of Activity Step 2/Number Step 3/individual Step 4/Subtotal of Activities Activity Fee Activity Fee Category 2 a 1 $250.00 $250.00 Step 5/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (Total fee from Step 5) State share of filing fee:$112.50 (12 total fee less$12.50) City/Town share of filling fee:$137.50 (12total fee plus$12.50) l Hoc K, 111 - BEVERL 14 k ARBOR H .7 q IHIII T Iee p 'AAA. \1 '124 --[1 A. Tzo 14 ..til s 7� C� "'Ra-i ony 1A ®r A 11 -wT ale fL TM r.. ........ 7 Fire 0 Ift. A, cem," G81 elb, Ne)aql)An� cfrne� t Wharf 6e h I A '0y Wall, ill L t or A' Long Pt 'z� Qz A. u, A\ ✓ry I.I.,PIa prdl 'OU h pf�j b jqq-a.��"�Wnw PAN CK '.Ta I me r I* kIa A KL F. oc r4 LT� 'esl R.'e., Veatb�dy_ Rpra ri� f4 -keJR Q) yl X Pt G. A A, A, A 10%is �'A.j A, i olf Course A Rfe I iRk and ILAN\R RK 340 (LYNN) 341 2'.' 55' 343 344 ARITA 11 ITY '4� SCALE 1:25 000 0 1 MILE ROAD CLASSIFICATION Primary highway, Light duty road. hard or )0 0 1000 2000 3000 4000 5010 6000 7000 FEET hard surface illoFoved surface S 0 1 montATTER S hald sl"I'l,:v — — — f)'I.... CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 Inletstale Rorie Ll S Roo:e stmit, F""I':" DEPTH CURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER MASS e, THE RELATIONSHIP BETWEEN THF TWO DATUMS IS VARIAHi I RIMMER ` ENVIRONMENTAL CONSULTING 21 Pine Island Road Newbury,MA 01951 Tel 978.463-9226 Fax 978-463-8716 mil April 5,2002 Christopher R Mello Eastern Land Survey Associates,Inc. 104 Lowell Street Peabody,MA 01960 Re: Wetland Delineation and Evaluation Buena Vista Avenue Salem,MA Dear Mr.Mello: The following is a summary of wetland site investigations conducted at the property located off of Buena Vista Avenue in Salem,MA. The purpose of these investigations was to determine the extent and location of wetland resources subject to jurisdiction under the Massachusetts Wetlands Protection Act(MGH Ch. 131 S.40)within and immediately adjacent to the project site. The limits of jurisdictional wetland resources were delineated on April 1,2002 with a numbered sequence of flags (Al-A10)in accordance with the procedures established within the Massachusetts Wetlands Protection Act Regulations(310 CMR 10.00)and the Department of Environmental Protection—Delineating Bordering Vegetated Wetlands Handbook(1995). Due to the presence of disturbed soils only vegetation was used to establish the wetland boundary. DEP field delineation data forms provide additional documentation of the wetland boundary and are included as an attachment. General Site Description The site consists of an intermittent stream and associated wetland that flows northeast between two steep slopes. The wetland is highly altered due to human disturbance and contains miscellaneous debris and fill. Wetland flags Al to A3 delineate the bank of the stream. The stream is not shown on the USGS topographic map and is therefore presumed not to contain nverfront area. There is a narrow fringe of wooded swamp on the western side of the stream that begins near wetland flag A3.The wetland boundary then follows close to the toe of slope. Eastern land Survey Associates,Inc. Re: Buena Vista Ave., Salem,MA Page 2 of 2 The following wetland systems are present at the site: Bordering Vegetated Wetland The narrow fringe of bordering vegetated wetland associated with the intermittent stream that flows through the site was determined to be subject to 310 CMR 10.55. Dominant wetland vegetation includes red maple(Acer rubrum) in the overstory and northern arrow-wood(Vtburnum recognitum)and multiflora rose(Rosa multiflora) in the understory. Dominant plant species in the upland include black cherry(Prunus seroNna), multiflora rose and poison ivy(Toxicodendron radicans). Inland Bank A narrow stream channel approximately 3-4 feet wide flows northeast between two steep slopes. There was heavy flow within the channel at the time of observation. The stream is also not shown on the USGS topographic quadrangle map and is therefore presumed to be intermittent and not subject to Riverfront Regulations under 310 CMR 10.58. Wetland flags Al-A3 demarcate the top of bank,regulated as Inland Bank under 310 CMR 10.54. There are no certified vernal pools,estimated habitat of rare wetlands wildlife,or priority habitats of rare species within the project area,as determined by reference to the Massachusetts Natural Heritage and Endangered Species program,Natural Heritage Atlas(2000-2001 edition). Any proposed construction or activity at the site within the 100-foot buffer-zone to Bordering Vegetated Wetland and Inland Bank will be subject to review by the Salem Conservation Commission under the Massachusetts Wetlands Protection Act. Please feel free to contact us should you have any questions or require additional information regarding this project. Very truly, RIMMER ENVIRONMENTAL CONSULTING Mary Rimmer Wetland Scientist RIMMER ENVIRONMENTAL CONSULTING DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: REC Project location:Salem. MA DEP File 4: Check all that apply: ® Vegetation alone presumed adequate BVW boundary: fill out section I only ❑ Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: Wet Transect number:A=9 Date of delineation:4/l/02 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientific name) (or basal area) Dominance (yes or no) Indicator Category* Trees: Red maple/Acer rubrum 38.0 100 Yes FAC Shrub: Northern arrow-wood/Viburnum recognitum 63.0 62 Yes 'FACW- Multiflora rose/Rosa multitlora 38.0 38 Yes FACU Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131,s. 40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FAC-, FACW, FACW+, or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 2 Number of dominant non-wetland plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ® yes ❑ no If vegetation alone is presumed adequate to delineate the BVW boundary,submit(his form with the Requestfor Determination of Applicability or Notice of Intent MADF.P:3/95 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: REC Project location:Salem. MA DEP File #: Check all that apply: ® Vegetation alone presumed adequate BVW boundary: fill out section I only ❑ Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: UPI. Transect number:A=9 Date of delineation:4/l/02 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientific name) (or basal area) Dominance (yes or no) Indicator Category* Tress: Black cherry/Prunus serotina 38.0 100 Yes FACU Shrub: Multiflora rose/Rosa multiflora 63.0 100 Yes FACU Herb: Poison Ivy/Toxicodendron radicans 10.5 100 Yes 'FAC Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131,s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FAC-, FAC W, FACW+, or OBL; or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or motphological adaptations, describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 1 Number of dominant non-wetland plants: 2 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ❑ yes ® no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Requestfor Determination of Applicability or Notice of Intent MADEP;3/95