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64-416 - 2 CEDARVIEW STREET - CONSERVATION COMMISSION Ce erwtw S 0 CITY OF SALEM CONSERVATION COMMISSION October 18, 2006 Karen Venezia 2 Cedarview Street Salem,MA 01970 Re: Certificate of Compliance—DEP #64-416—2 Cedarview Street, Salem, MA Dear Ms. Venezia: 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) 745-9595. 4 Sincerely, Carey Du ues Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-416 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 Venezia computer,use Name the tab key to move 2 Cedarview Street key your cursor- Mailing Address do not use the Salem MA 01970 return —key. CilylTown State Zip Code ufl. I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Karen Venezia Name September 25 2006 64-416 Dated DEP File Number 3. The project site is located at: 2 Cedarview Street Salem street Address Cityrrown Map 30 Lot 0070 Assessors MaplPlat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for Property Owner(if different) Essex 25994 182 County Boor Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 12 2006 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 Certiflcation: 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: wpehrm 8b.dw•rev.7113M Page 1 of 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-416 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 October 12, 2006 Conservation Commission Date of Issuance This Certificate must besigned by a majority of the Conservation Commission and a copy sent to the applicant and ap ropri D net Office(S Attachment). Signatures: C 1 � wpokm ab.doc•rev.7113104 Pape 2 of 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 12 October 2006 On this Day Of Month Year before me, the undersigned Notary Public, personalty appeared K. Comacchio J. Fumari D. Pabich M. Blier, D. Summer K. Glidden, and A Hamilton, Name of DowrrreM Signer proved to me through satisfactory evidence of identification,which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Cityrrown CAREY R. DUQt1ES 6Ma00ftN0t%Daft MY TM or`ub Carm�h°fonU!!Tl'ti i . Expires August 18.2013 Sign ure of ry Pub' Carey R. Nques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpafarm ab.doc•rev.T/IW Pepe 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-416 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: 2 Cedarview Street 64-416 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for. Property Comer 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 wpafa 8b.doc•Iw.7113004 Pape4d4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mall transmittal forms and DEP payments,payable to: CommomMeallh of Massachusetts Department of Environmental Protection Box 4062 Boston,MA 02211 DEP Western Region PC9nw Cokain Hampden Morse Plt~ Ty-0- 436 Dwight Street Adelman Conway Nacock re.eao,e pwadd worst Aiwa Qnardro n Heweld Mordent' Rkrinond were Suite 402 Amherst nation Hewky, Mmtgornenv Rowe Warwick Springfield,MA-1100 ea Eee torn H 1a Ma Washington s Phone:41&784-1100 EastL ,, Ne w„Ay� semi Westfield Fmc413-784-1149 eamammn Epana'a Holyoke Newaamaot,on Sh~ Westhampton Blarwad Erving HUNIgta1 New Salem Stwlbure word Springfield srarald Florida LaaEnough More,Meets SNAOV"y WestGO LM Stodd dge cn�ens net cGOOM tLM set hsa,Ih ll� v n Chasms Grerby tasam onnea Soutlnch vRdanbrrg Chamr -Grar,kae Layd- Otis smbowm Wearabw, Q,awam Greet Sadrgmn L-grwmow Pesrw Sbdafridpa window choopae Gre&*W Ludlow P~ sudeded waWnplm clerk" Hadley Mmdlarwld Pau Tolland DEP Central Region Arxm olwmmn Hopkinton kaft" wed UiO ndge 627 Main Street Ammar horn, Ceam Habaanesmn WADWft shay vvHudson New Bramdree, RVWdUv 1 bster Worcester,MA 01608 Athd DeaOwr mowdm Nameaaq, SmAhloorough WestmraO Phone:508.792 Ater n East Brookfield Later Noon Broads SPa Wed er Fax 508-792-7821 21 Bans F;proup Leomuww omdwn, swam Wesrerd TDD:508-767-2788 Beengoor, Gardner Uflkftn Odors stow wwhnanw Berlin Grew, LuwWug padon SkebdWa Wsgw,dm eiedwa,e GrMm MaMoreugh Peppered swm Worcester Bomn Harvard Maynard Pawshar, Tampierer, B(aborou h Hendwdd, Medway Phagemn Townsend Boylsw, Nddm Madan Prsc" Tyrpsoaard, Brsafmld Hopmele Offad Royawtm Upton DEP Southeast Region Abkglm DatmorM Freadwn Mmtapowett iebay 20 Riverside Doors AnutnerDennisDe Gay Hem lyddwe rough Fairlawn Tnac Dighton Garrick! Nantucket Rehoboth vowem Lakeville,MA 02347 Millard Duduy Neither New eeaad Rmwsw Weidlea Phone:508-918-2700 Eastman Hanover NamMle°°muy, R°aiad West Wrigawater Fax:508-9475557 Bey Ead Bridgewater Hawn Namn Sandwich mbstpw TDD:508-946-2795 a m rm Eadon Harwich Norwell �Eagew, n Oak Seekonk w dgewaw Farlwven Laksrd4 Orb" Sham vwwd m eloddon Fad Riker Mansfield Pembroke Somerset yormaA, Cava Fahnouh Maria, PkwrAm Stoughton Cloohan Fadlaayh Maeldlmd Pymorah Swa,sa Chinook Franklin me%",— PynOmn Tau,00, DEP Northeast Region Arrwebray Chwmnwd Hndhan MenimBG aa'cy wakedeid 1 Winter Street Andover Chelsea Holbrook Methuen Rardarph W47dlo Boston,MA 02108 ward r«m " id,HLA � � Walermrin, Wayland Fax:Pho 6 6175 1049 � Lea goo, N R L� few � Fax: 817556-1049 Beverly Doren Lincah Natltl, saran Warm, TDO:6175745868 ameaz Drew Lowed Wallace Sebeauy, Wad New" Baron Earn, Lynn Newh ry q.9 Weston Bodcrd Everett Lyrwftm Newdaypat Sherban Westwood Brabaee F.ankinglon Molden Newton saarvdw Weymerw, Brcakdrw Georgetown Ma,dwsmr-ey-TroSea Namdc SEM)dm vAknkgmn Brara,ptm Gloucester Merpleham mom Ardovar SudAsy vhiduaar Carnbridge Grokdad Marrero NOM Reemp Swarnpricall wi esop Crow, tlandaor, MBdlord Norwood Tewl"I" VOW= Carms Haverhill movoa Peabody Topd m wpefmnBb.doc•DEP Address•rev.1011201 Page 1 of 1 i � ir,AC)�xr ' aA� 1G t� jY 1} ,k re w. x k, A a ray � .e•Jt { � �v�A�P - a� t1t A T Mx; 4'� M1� Z' f.'.. 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'r d,�,,. � ,>,�' � t /f i p'7F., ya �d r!� a ji ^tr v,:4.n z 0 , v � CITY OF SALEM ' CONSERVATION COMMISSION August 1, 2006 Karen Venezia 2 Cedarview Street Salem, Massachusetts 01970 Re: Order of Conditions—DEP #64-416 2 Cedarview Street, Salem,Massachusetts Dear Mrs. Venezia: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of August 7, 2006), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing, this Order must be recorded, a sign shall be displayed showing DEP File# 64-416 within public view, and contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978.745.9595 x 311. Sincerely, Carey Duques Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745,9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM % Massachusetts Department of Environmental Protection f Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 6464-416 —_ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General information Important: Salem When filling From: out forms on t Conservation Commission the computer, 2. This issuance is for(check one): a. ® Order of Conditions b, use only the ❑ Amended Order of Conditions tab key to move your 3. To: Applicant: cursor-do not Karen use the return Venezia a. First Name b.Last Name key. 2 Cedarview Street C.Company VQ d.Mailing Address Salem e.city/Town MA 01970 f.State g.Zip Code a. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 2 Cedarview Street Salem a.Street Address 30 b.Ciry/Town c.Assessors Map/Plat Number 0070 Latitude and Longitude, if known (note: d. Parcel/Lot Number electronic filers will click for GIS locator): e. Latitude i.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Southern Essex County a.County 25442 b.Certificate ill registered land) c.Book — 367 d.Page 7. Dates: aril 18 2006 July 27 2006 a. Date Notice of Intent Filed b.Date Public Hearin Closed July 27 2006 a. Final Approved Plans and Other Documents (attach additional plan or document references as ssuanc needed): Slo a Protection a. Plan Title Sami Kassis b.Prepared By Sami Kassis July 10 2006 c.Signed and Stamped by d Final Revfslon Date e.Scale f.Additional Plan or Document Title g. Date nalorm5.dx rev.3r1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control z. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted a. El Bank Alteration Alteration Replacement Replacement a.linear feet b.linear feet c.linear feet 5. ❑ Bordering Vegetated d.linear feet Wetland a.square feet b.square feet c.-square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square teat d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpaloro5.aoc• rev.5n/05 Page 2 of 1 / 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted 7. El Bordering Land Alteration Alteration Replacement Replacement Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. El Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet s. ® Riverfront area 475 475 a.total sq.feet b.total sq.feet Sq It within 100 It c.square feet d.square feet e.square feet f.square feet Sq It between 100-200 It 475 475 g.square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below it. ❑ Land Under the Ocean a.square feet b.square(feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt 15. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square leer b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.se 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet naforr15.dw rev.3r1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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 DER] "File Number 64-416 .oaform5.doc• rev.3J1105 Page 4 of 9 / Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: It you need more See Attached Sheet space for additional conditions, select box to attach a text document wpaform dw• rev.3/1/05 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or bylaw are as follows: space for additional conditions, select box to attach a text document ❑ wpafornimd • rev.3r1105 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special July 27, 2006 condition pursuant to General Conditions#4,from the date of issuance. t.Date of Issuance Please indicate the number of members who will sign this form: five 5 This Order must be signed by a majority of the Conservation Commission. z.Number of signers 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 appropria epartment of Environmental Protection egional Office, if not filing lectronically, and th roperty owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 27 Day of July 2006 Month Year Before me, the undersigned Notary Public, Kevin Cornacchio, Michael Blier, Kevin Carr, personally appeared David Pabich, &Joe Furnari proved to me through satisfactory evidence of identification, which was/were personally known Descnption of evidence of identrficabon 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/rown Conservation Commission 1 i FRANK TAORMINA 1Notary Public is Coltatwmaealtll's MnExpim l — My Commsion xpltes `� t April 27,2012 ytnkTaormina otary P lie of Notary Public Place notary seal and/or any stamp above April 27, 2012 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by cerld' mail, return requested,on Date g I Ala Date I w afcrn.dw• rev.311/05 Page 7 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate 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 Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaforrr5.doc• rev.3/1/05 Page 8 of 9 L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-416 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. 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 this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------ ------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 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 wpaforrr&dm• rev.3r1/05 Page 9 of 9 Attachment to Order of Conditions # 64-416 j Page 1of 5 SALEM CONSERVATION COMMISSION DEP FILE #64-416 2 Cedarview Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage &Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. This Order permits hill stability improvements adjacent to the driveway at 2 Cedarview Street. The improvements include the installation and placement of large rip-rap stones along the hillside, and the removal of invasive vines and debris located along the slope. A 2 '/2 foot to 3 foot high barrier is to be created along the perimeter of the driveway, at the Commissions request, to lessen the chance of a vehicle going over the hill. A total 475 sq ft of Riverfront Area will be impacted for the above referenced project. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-416, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, >, Attachment to Order of Conditions # 64-416 Page 2of 5 Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Slope Protection (Title) July 10 2006 (Dated) Sami Kassis (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Pro'ect Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the Attachment to Order of Conditions # 64-416 Page 3of 5 change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 20. There shall be_hay bales and wooden stakes 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 phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The area of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. m>, Attachment to Order of Conditions # 64-416 Page 4of 5 26. Within thirty (30)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 that two(2)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 surface 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 this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 30. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 32. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system 34. There shall be no pumping of water from wetland resource areas. 35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 38. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: Attachment to Order of Conditions # 64-416 ,aI � Page Sof 5 z�s (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to, all buildings,septic system components, wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 39. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 40. 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. 41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 42. Applicant shall notify the Commission if machinery larger than a backhoe will be used to complete the proposed work. 43. Equipment used to complete the proposed project shall remain on the driveway at all times. 44. A 21/z foot to 3 foot high barrier wall shall be created along the slope side of the driveway. Massachusetts Department of Environmental Protection Provided by DER Bureau /�ofResource�P}rotection - Wetlands I DEP File Number , PA Form J — Notice of Intent Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Cityrrown Important:When filling out A. General Information forms on the computer, use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your 2 Cedarview Street Salem 01970 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: d. Latitude e. Longitude �+ 30 0070 f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: Karen Venezia a. First Name b. Last Name c.Company Note: 2 Cedarvlew Street Before d. Mailing Address completing this Salem MA 01970 form consult your local e.City/Town f.State g.Zip Code Conservation 978-745-1933 kvenezia@venezialawoffices.com Commission h. Phone Number i. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a. First Name b. Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i.Fax Number I. Email address 4. Representative (if any): a. Firm b.Contact Person First Name c.Contact Person Last Name d. Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i. Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 110.00 62.50 37.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid 6. General Project Description: Construction of hand built stone wall for retention and cosmetic land scaping. Clean-up of existing debris on-site. See attached explanation of work to be performed. wpaform3.doc•rev.4/12/06 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEP: ' Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/Town A. General Information (continued) 7. Project Type Checklist: a. E Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: Southern Essex County 367 a. County b. Page Number 25442 c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. E No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes-answer 11 below, then skip to Section C. b. E No-skip to Section B. 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d. linear feet wpaformIdoc•rev.4/12/06 Page 2 of 7 Massachusetts Department of Environmental Protection :Provided by DER — Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 __ _ City/Town B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1.linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced Forest River ❑ For f. ® Riverfront area 1. Name of Waterway(if available) projects impacted by 1.Width of Riverfront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. - New agricultural projects only resource area, add ® 200 ft. -All other projects 50%to the total fee. 2. Total area of Riverfront Area on the site of the proposed project: 5,000 Square Feet 3. Proposed alteration of the Riverfront Area: 475 0 475 a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NO]? ❑ Yes® No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No wpaform3.doc•rev.4/12/06 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number, City/Town B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b ❑ Land Under the Ocean 1. Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you C. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1. Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1, Linear feet g. ❑ Rocky Intertidal Shores 1.Square feet h. ❑ Salt Marshes i.Square feet 2.Sq ft restoration, rehab.,or creation i. ❑ Land Under Salt Ponds 1,Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b.Limited Project wpaform3.doc•rev.4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by-DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/Town C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3 ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50%or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ® Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining hereso reow D. Other Applicable Standards and Requirements area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive b. Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Division of Marine Fisheries-Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ❑ Not applicable— project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.4/12/06 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by oEa: ` Llureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of IntentDocument Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Citylrown D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: Existing Single Family Dwelling E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ❑ Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.4/12/06 Page 6 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number, Cityrrown 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 NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: \ci:�A 4/12/06 1.Municipal Check Number 2.Check date \OR5j 4/12/06 3.State Check Number 4. Check date Karen Venezia 5. Payor name on check:First Name 6. Payor name on check: Last Name 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 perjurryy that all abutters were notified of this application, pursuant to the requirements of MyG.L. c. 131, §4 Mice must be made in writing by hand delivery or certified mail (return receipt re uested)to butters within 100 feet of the property line of the project location. 4/12/06 plica Signature of Ap Date Signature of Property Owner(if different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office (see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev.4/12/06 Page 7 of 7 I h S'/ O L 9 / S $ 4L�� Ewa' ti 00 4� 302-Ij 07 r 30 3 302 196 4 • *.fig, L k� �+ ,��. �N ; 303ga75 =r 30ioq 82 0 do j Nf � �9 30-00 30 r�-�'"'� ' �••'' 30 fit ;30Q63 0 NkZ�)s W ' r r9► Loring �.,y x,s' of Y• a r i,, �,. �� "1° > t...5>-. Al r-e T'L,� �5�F`H�!r M1 mow' i �� Lt' - y T 1 - 'j+• 97 J �y"�s 'r`.'i1Pt,� s. �,ld. eY .X<� be yf •- ,. .-� 7� � w-i • � Y Y r A Y � k k � � { r µ g K Y 4P. (c)Copyright 2003,Pietometry Intemational — � I I Average Scale: 1 inch=63.5 feet Distance between tick marks: 58.67 feet v� CITY OF SALEM CONSERVATION COMMISSION March 24, 2006 Via: Certified Mail#70051820 0000 8795 1414 Property Owner 2 Cedarview Street Salem, MA 01970 RE: ENFORCEMENT ORDER—2 CEDARVIEW STREET, SALEM, MASSACHUSETTS Dear Property Owner: It has been brought to my attention that work is being conducted on your property at 2 Cedarview Street. An inspection was recently conducted and it has been determined that you need to fide with the Salem Conservation Commission prior to any such work. Your property is located within a Riverfront Area and requires local and State environmental filing. Therefore, in accordance with the Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and the City of Salem Wetlands Ordinance, you are in violation for the work that is presently occurring on your property. Enclosed you will find an Enforcement Order for the above referenced property. As the Order states, you must cease and desist the present activity on your property, remove the backhoe from your property, and file the enclosed Notice of Intent Application with the Commission on or by May 11, 2006 or the Commission will begin levying fines of $200 a day until a Notice of Intent is received by the Commission. Please contact me at (978) 745-9595 extension 311 to discuss this matter further. A a r Coordinator enclosures Cc: Salem Conservation Commission Massachusetts Department of Environmental Protection,Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands -WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: This Enforcement Order is issued b When filling out y: forms on the Salem March 24, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Property Owner return key. Name of Violator 2 Cedarview Street e0 Address 1. Location of Violation: ,.s Properly Owner(it different) 2 Cedarview Street Street Address Salem 01970 CHylrown zip Code Map 30 Lot 0070 Assessors MaplPlat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Construction of boulder retaining wall and associated grading within a Riverfront Area B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpeiam9edw•mv.7114/04 Pape 1 of ' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before May 11, 2006 Date 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. The property owner shall take the following action to prevent further violations of the Act Remove the backhoe from the riverfront area. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) 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, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpabnn9a.dx•rev.7114104 Pepe 2 A 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ProvdedbyDEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Frank Taormina Name 978-745-9595 x311 Phone Number Monday 8am4pm Thursday 8am-7pm Fridays 8am-12(noon) Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Ga'r6u+•✓ 1,005 /820 0" 939S lvlq Signature of delivery person or certified mail number wpefom9a.doc•re..maoo Page 3 of 3 1�— FES-19-2006 19:14 FROM: TD:19783590086 P.2/2 Professionel Land Surveyors 6 00 Eng�neere MORTGA�E INSPECTION ESSEX SURVEY SERVICE 1568 • 1986 PLOT MAN OF LAND OSBORN PALMER 1911 - 1970 LOCATED IN BRADFORD 8 WEED 1885 • 1972 J"4`LEM MASS. • I , 11 �� 7 Ztil V .•. ,7��, i`yyaG1tS7NfS , �r?ri s21/I xVY 1;T/IC6 \\ Np'f!.CE:`one a:;;_s1;;lc�t.o •,,�! � •�9s V� i'cS"0�15tCL'c R _..r.. L� �� tc pSEp (JR ANY;HIP" 0 r!Ep. TITAN Mori,CAG, PURP05E5:NOV FOR ai10Ti0'tS,fEr+�.ES. p L�1!T{N CS.SOI:NDAR!ES.SPECIAL PERMITS op VA.RIA.ICES. '., Christopher R. Mello, A Registered Land S at ereby Certify That The Above Mortgagr Inspection Plot Platt Was Prepared For AE7/ �Lr�itEL G //S In Connection With A !�`e Mortgage And Is Not Intended Or Represented operty Line Survey, No Corners Were Sat. It Cannot Be Used For Establishing Fence, Hedge Or Building Lines. No Responsibil. Is Extended Herein To The Land Omer Or OoeuPant. This Plan Shall Not Be Accepted Por Record.