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6 CHAMPLAIN RD - 19 ARTHUR STREET, #64-548 - CONSERVATION COMMISSION c cam•-�•�(.r• r�d�tq /�N�s �-� TOW NERSAL® UNV-12113 MADE IN USA _ SUSTAINABLE MW .�/\'/��J\FORESTRY CONIEMIO% } INITIATIVE POST-=SUMER® CeN(ad Flber Sourcing SFI vmva ml mm.orp SF1012X1 CITY OF SALEM CONSERVATION_- N COMMISSION April 12, 2013 Gino Ciasullo 6 Champlain Rd. Salem, MA 01970 Certificates of Compliance—DEP #64-262 & 64-548-6 Champlain Rd. and 19 Arthur St. Dear Mr. Ciasullo: Please find the enclosed certificates of compliance for the above-referenced properties. These certificates must be recorded at the South Essex County Registry of Deeds, 45 Congress Street (Shetland Park) #4100 in Salem. Please fill out and return the Recording Information on page 3 of each certificate, which will indicate to the Salem Conservation Commission that the documents have been recorded. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: Manuel and Diana Santos DEP Northeast Regional Office w Massachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands / DEP File Number: WPA Form 813 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64-262 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Gino Ciasullo only the tab key Name to move your - cursor-do not _6 Champlain Road use the return Mailing Address key. Salem MA 01970 City/Town - State ZIP Code 1dd 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Champlain Road Realty Trust- Phillip Singleton Name 2/13/1997 Dated 64-262 DEP File Number 3. The project site is located at: _6 Champlain Rd./1 9 Arthur St Salem Street Address Cit town As 24/243 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Champlain Realty Trust- Phillip Singleton Property Owner(if different) Southern Essex 13640 County 419, 421 Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/9/2013 Date wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64-262 Provided by DEP B. Certification Check all that apply: 19 Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never 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: 9, 10, 12, 14 C. Authorization Issued Y Salem ' Conservation Commission D of Is uance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Offic (See http://www.mass.gov/dep/abouUregion/findyour.htm). ) Signatures: / wpafrmi doc-rev.12/23/09 WPA Form 8B,Ce,lifcate of Compliance•Page 2 of 3 w Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64262 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:------ ------------------ ---------------------------------------------------------------------- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: county for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.doc•rev.12/23/09 WPA Form 88,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands / DEP File Number: WPA Form 813 — Certificate of Compliance 64- 48 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Gino Ciasullo only the tab key Name to move your 6 Champlain Road cursor-do not use the return Mailing Address key. Salem City/Town MA 01970 r'• State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Gino Ciasullo Name 4/13/2013 64-548 Dated DEP File Number 3. The project site is located at: 6 Champlain Rd /19 Arthur St Salem Street Address Clty/Town 23 24/243 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Gino Ciasullo Property Owner(if different) Southern Essex 32336 75 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 4/9/2013 Date wpafrm8b.doc•rev.12/23109 WPA Form 89,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64548 Provided by DEP B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never 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 monitorin g, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem Conservation Commisslon Dat6 of Issfiance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office (See /J http//vvww mass gov/dep/abouUregion/findyour htm). /A i Signatures: wpatrm8b.doc•rev.12123/09 WPA Form 99,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64-548 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To - --- ------------------------------------------------------- -------------------------- -- Conservation Commission Please be advised that the Certificate of Compliance for the project at: Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.Aoc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3 Pen n PENNONI ASSOCIATES INC. CONSULTING ENGINEERS + r-T o R 0'5 2013 April 3, 2013 'ONMry�� nnt��G4 Salem Conservation Commission 120 Washington Street 3 d floor Salem, MA 01970 Re: 6 Champlain Road Salem, MA 19 Arthur Street Salem, MA DEP file#64-548 Dear Members: Please accept this letter as a certification that the work performed at the above referenced property has been competed in conformance with the above referenced order of conditions and project plans. Sincerely, PENNONI ASSOCIATES, INC. Benjamin C. Osgood, Jr. P.E. Sr. Engineer cc: File 13 Branch Street, Suite 103•Methuen,MA 01844•Tel:978-749-9929•Fax:978-749-9920 www.pennoni.com 4 ��,COPll1lT;/�Q CITY OF SALEM �MCONSERVATION COMMISSION March 29, 2013 Gino Ciasullo 6 Champlain Road Salem, MA 01970 Re: Order of Conditions—DEP #64-548 6 Champlain Road and 19 Arthur Street Dear Mr. Ciasullo: Enclosed, please find the Order of Conditions for the above-referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Southern Essex County Registry of Deeds (Shetland Park, 45 Congress Street, Suite 4100 Salem, MA). Once recorded, please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosure CC: Manuel J. Santos and Diana F. Santos DEP Northeast Regional Office 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionH Salem City/Town A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission with added 2. This issuance-is-for - -, space to a.®Order of Conditions b.❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Gino Ciasullo Important: a. First Name b. Last Name When filling out forms c.Organization on the 6 Champlain Road 19 Aurthur Street computer, d. Mailing Address use only the ' tab key to Salem MA 01970 move your e.Citylrown I.State g.Zip Code cursor•do not use the 4. Property Owner(if different from applicant): return key. Antonio Ciasullo, Francesca Ciasullo Manuel J. Santos, Diana F. Silva Q a. First Name b.Last Name (Map 23, Lot 24) (Map 23 Lot 243) c.Organization " 6 Champlain Road/19 Aurthur St. d.Mailing Address Salem MA 01970 e.City/rovm I.State g.Zip Code 5. Project Location: 6 Champlain Road/19 Arthur Street Salem a.Street Address D.City/Town 23 24, 243 c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42d30m18.55s 70d54m11.38s d. Latitude e.Longitude wpa1orm5.dcc• rev.05/19/2010 Page 1 of 12 , Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP-File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex South a.County b.Certificate Number(if registered land) 17139 54 c.Book d. Page 7. Dates: 3/15/2013 3/29/2013 3/29/2013 a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): 6 Champlain Road - Notice of Intent Plan a. Plan Title Pennoni Associates Inc. Benjamin C. Osgood Jr. b. Prepared By c.Signed and Stamped by 3/8/2013 1"=20- d. Final Revision Date a.Scale I.Additional Plan or Document Title g. Date 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 (the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish ° ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f• ® Protection of Wildlife Habitat g• ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. wpaforrr5.dw, rev.0 5/1 912 01 0 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File N Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 rDEPTransaction If Salem City/Town B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific Information which is lacking and why it Is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Y) Proposed Resource Area Pro P Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet 6. inear feet c.linear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square c.feet square feet d.square feet Waterways e.e/y dredged f.c/y dredged 7. ❑ Bordering Land 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 B. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet a cubic feet f.cubic feet g. ❑ Riverfront Area a rnrai�n rnar b.total sq.feet Sq It within 100 It r eni earn font Sq ft between 100- d.square feet n foe} f.square feet 200 It h.s uare feet n �n,arn fnnr q i I.square feet wpalorm5.dm• rev.05/19/2010 Page 3 of 12 J Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File k Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionH Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below it. ❑ Land Under the Ocean a.square feet b.square feet c.c/y dredged d.o/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. El Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes ou yd Cu yd a.square feet b.square feet c.nourishment d.nourishment is. ❑ Coastal Banks a.linear-feet b.linear-feet 1e. ❑ Rocky Intertidal Shores a.square feet b square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet J.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.o/y dredged d.c/y 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.c/y dredged b.ay dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaform5 dm rev.0 5/1 92 01 0 Page 4 M 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Saiem City/Town B. Findings (cont.) p#22.IIfthe 22, ❑ Restoration/Enhancement ject is ': the purpose of restoring or a.square feet of BVW enhancing a q b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a.number of new stream crossings b.number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c or BB i vi c)(salt The following conditions are only applicable to Approved projects. Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. 9 Y amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 3/29/2017 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpaform5.dw rev.05/19/2010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MassDEP"] "File Number 64-548 " 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. wpaform5 doc• rev.o"gmio Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection on Act M.G.L. c. 131, §40 eDEP Transaction N Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the"Project") is(1) ❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work Is subject to the Stormwater Standards,then the project Is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; li. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. wpaform5.dw- rev.o5mg/2wo Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File k Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction N Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.) the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpa1orm5.dm- rev.05/19/2010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEPFile Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem CiWown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the 0&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): wpaform5.dw, rev.05/1W010 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ®that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c. 50 1. Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): The attached special conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaforraSAm rev.05/192010 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem C1ty/Town E. Signatures Important: This Order is valid for three years, unless otherwise specified as a special When filling out P conditionur forms on the pursuant to General Conditions#4,from the date of issuance. t. Da of IssU nce computer,use Please indicate the number of members who will sign this form. C( only the tab key This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers to move your cursor-do not The Order must be mailed by certified mail (return receipt req es ed a livered to use the return the applicant. A copy must be mailed, hand delivered or filed el t nic at a same key. time with the appropriate MassDEP Regional Office. S' r by hand delivery ❑ by certified mail, return receipt requested, on Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act (M.G.L, c. 131, § 40), and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpa5sigs.doc• rev.02/25/2010 Pa9e//of Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-548 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem CitylTown G. Recording Information Prior to commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------- ---------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book 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 wpaform5.drx• rev.05/19/2010 Page 12 of 12 z Attachment to Order of Conditions # 64548 Page I of 3 SALEM CONSERVATION COMMISSION DEP FILE #64-548 6 Champlain Road and 19 Arthur Street City of Salem,Massachusetts ADDITIONAL FINDINGS &SPECIAL CONDITIONS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map(October 1, 2008) 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 contain 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 and Conservation Ordinance, Salem Code Chapter 50. This order permits, after the fact, construction of a garage, retaining wall, stone and concrete retaining walls, ramp, steps, and associated earthwork as shown on plan submitted with the notice of intent. This order also permits the removal of the 4' chain link fence and gate around area shown on plan as"GARDEN AREA". This order approves the resource area boundaries as shown on said plan. The stream to the rear of the site was designated as perennial by Order of Conditions#64-262 in 1997.However,based on USGS StreamStats data and an inspection of the stream's drainage area by Pennoni Associates, the Commission determines that the stream is intermittent. Therefore, the 100' inner riparian no-disturb zone required as a condition of the 1997 order of conditions is no longer applicable. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (including all 3 pages of Special Conditions) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection and Conservation Ordinance,Salem Code Chapter 50. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. No work approved in this Order may commence until the ten(10)business day appeal period has lapsed from the date of the issuance of this Order. 5. 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. t� "g Attachment to Order of Conditions # 64-548 Q" Page 2 of 3 6. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 7. 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. 8. 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.). 9. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 10. 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. 11. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 12. 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. 13. The work shall conform to the following attached plans and special conditions: Final Approved Plans 6 Champlain Road Notice of Intent Plan (Title) 3/8/2013 (Dated) Benjamin C. Osgood,Jr. (Signed and Stamped by) City of Salem Conservation Commission (On file with) L Attachment to Order of Conditions # 64-548 a Page 3 of 3 14. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 15. 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. DURING CONSTRUCTION 16. 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. 17. 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. 18. There shall be no pumping of water from wetland resource areas. 19. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 20. 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 21 A,section 16. AFTER CONSTRUCTION 21. 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). 22. When issued,the Certificate of Compliance must be recorded at the Southern Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. (fennonQJ PENNONI ASSOCIATES INC. CONSULTING ENGINEERS February 22, 2013 Tom Devine, Agent Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 01970 Re: 6 Champlain Road, Salem, MA DEP file #64-262 Dear Mr. Devine: This letter is being submitted to explain how the determination that the brook at the rear of 6 Champlain is considered intermittent and not a perennial stream. I have attached an excerpt from the appendix to the wetlands protection act which will provide insight into the history of the riverfront portion of the wetlands protection act and the history behind how the current system for determining river status was developed. As mentioned in the first paragraph of the introduction it became apparent that the 'original regulatory criteria do not clearly distinguish perennial rivers that flow throughout the year from intermittent streams'. This inaccuracy in determining the status of a stream in the original regulation was what most likely caused the labeling of the stream at 6 Champlain Ave. as a perennial stream when it should have been classified as being intermittent. Also attached to this letter is a two page printout that was generated using the USGS Massachusetts Streamstats website. The streamstats printout provides information which can be compared to the definitions of a River as listed in the current regulations 310 CMR 10.58(2)(a)l a through c. The comparison of the stream at 6 Champlain Ave to the requirements for classification of a River is as follows a. A stream shown as perennial on the USGS map is-perennial. • The stream at 6 Champlain Ave. is shown as an intermittent stream on the USGS maps. b. The watershed size of the stream, whether shown as perennial or intermittent on the USGS map, is greater than 1 square mile. • The streamstats printout lists the drainage area of the stream at 6 Champlain Ave. as 0.29 square miles which is highlighted in pink on page 1 of the printout and shown shaded in red on page 2 of the printout. c. A stream which is shown on a USGS map as intermittent is considered intermittent unless it has a watershed of 0.5 square miles and has a flow rate of 0.01 cubic feet per second at the 99% flow duration. • As stated above the stream has a drainage area of 0.29 square miles as highlighted in pink and a flow rate of 0.00295 cubic feet per second flow rate at 13 Branch Street,Suite 103•Methuen,MA 01844•Tel:978-749-9929•Fax:978-749-9920 www.pennoni.com Tom Devine, Agent 2 February 22, 2013 Salem Conservation Commission 120 Washington Street, Salem, MA 01970 Re: 6 Champlain Avenue, Salem, MA the 99% flow duration as highlighted in yellow on page 1. Neither of these values meets the requirement to consider the stream perennial, Based upon the analysis provided we request the conservation consider the stream as being intermittent and that the 100 foot restriction in the original order of conditions be lifted. Sincerely, PENNON[ASSOCIATES, INC. Benjamin C. Osgood, Jr. P.E. Sr. Engineer cc: File KAPROJECTSMI-O\CSL01201 -6 Champlain rd Salem MA\Correspondence\SENT\River letter 2-22.13.doc t 310CMR: DEPARTMENTOF EN VIRON MENTAL PROTECTION 10.00: Auiendix Note: The following are appendices to,but not part of,310 CMR 10.00. PREFAC E TO REVISIONS TO THE MASSACHUSETTS WETLANDS REGULATIONS(310 CMR 10.00) . RELATING TO THE DEFINITION OF"EXTENDED DROUGH'I"AND DISTINGUISHING"PERENNIAL,RIVERS" FROM"INTERMITTENT STREAMS",2002 REGULATORY REVISIONS Introduction The Wetlands Protection Act(M.G.L.c. 131,§40)was amended It 1996 to provide additional protection for rivers,defied in the Act as"any natural flowing body of water that empties to any occan,lake,pond,orothcr river and which Flows throughout the year." Sineeproundgatingregubtions It 1997, tin Department of EnviroNnhcntal Protection (Department) has found that the original regulatory criteria do not clearly distinguish perennial rivers that flow throughout the year from intermittent strearns that do not flow throughout the year. Many factors embodied in the original regulations,such as soil types or the presence or absence ofineroinvertebmtes,cannot practically,be used to distinguish between perennial and intermittent steams. Other factors,such as all Cain gages, have limited usefulness due to tlnij%linuted geographic extent. Still other Rotors,such as watershed size,tie relevant but need to be modified based upon here recent research. The Department has also found that the original definition of extended drought,which was based solely on precipitation data,does not iccuuatehy reflect the role ofgotutlwater and stream flow during droughtcondtions. ExtremelydrycondilionsexistedinrnostofMissachusetisinthesturntterof1999,leading to some of the lowest liver and stream flows ever recorded. Even though irony federal and state agencies declared droughts,the Wetlands Protection Act definition was not triggered in most co nmunities because of brief but heavy summer rainstomu—rairstoms that fulfilled the regulatory precipitation numbers but did not provide sufficient recharge to restore pruaidwater or shenm flow levels. In order to nddress the issue ofperemtral rivers and drought,the Department forted a technical advisory conanatee with representatives firm various interest groups,and with research and technical support provided by the United States Geologic Survey(USGS)and tin Massachusetts Department of Environmental Manogenent(DEM). The tech nicaladvisorycomminee spent more than two years s'carching for in approach that was based upon sound science and could also be implemented at the Iocallevel, This approach,based primarily oil watershed six and surfmialgcology,iscicscrbedbelow and is embodied in tiro new regulations. It is also lnportant to note that irony i tennittent stretuts still receive prolectiontualerthe Wetlands Protection Act through applicable resource area perlimnance standards for Land under water,bank, land subject to flooding,and often,bordering vegetated wetlands. The distinction between perenniaiah and intermittent flow pertains only to whether the stream has an associated rivedt'ont area. The Rulemokine Process Drouglt conditions across the Commlawcalth in late 2001 proipted the Department to adopt changes to the extended-drouglt provisions as an emergency regulation 6 December 2001. The Department thcricoricknnal lburregionalptiblic hearings onthe carcr&clicy-th ought provisions as well as the perennial river versus uttcmtittent stream changes. The Depamhent received public commons througli Match 29,2002. Thirty-eight parties commented on the proposed amendrrnens.Oftlhose, thirty-one contnentatons generally supported the proposed ennnilmonts or tcquestcd clarification of certain provisions. Six patties commented against the proposed anhendnnents,and one putty requested additional time to review and comment. Based upon a carefid review area consideration of the conuthents,the Department has nude cone changes to the public hearing dmf as described below, \1'aih�nJ it<yula.....INA,"A,ry A.,oe Nl,2009 i i l 310CMR: DEPARTMEN'1'Op ENVIRONMENTAL.pROTECTION Appendix: continued Sumnuuv and Rational:ofthc Now Rcauknions A. Perennial Rivers and intermittent Suremns: I. Wateishcd Six inch SurfieLi[Gcoloev. The Department and its technical advisory committee concluded field observations alone cannot be used to predict whether a stall stream ls likely to flow throughout the year. Given petmilting time constraints,the Department also concluded that it wouki be unworkable to devise a system based entirely on stream flow observations made during the Lite summer or early fall, whenwater levels are often at their lowest. Aside from the practical difficulties with this approach, observations Lade during this period tray not be definitive when the conditions are unustmlly wet er unusually dry compared to long-term records. To explore other options, the Department contracted with the USGS to research watershed chtaracteistics that might be rueful In classifying streams,such its drainage area,mean basin slope, length of stream,urbanized land cover,and the percentage ofsands and gravels in the watershed. lUis research revealed that the most important characteristics for predictingwimethera river flows throughout the year arc watershed size(drainage area)and surficial geology(the percentage of sands and grovel in the watershed). As a result of this research,as well as independent analysis and field-testing by the Department,the Depamant and its technical advisory committee agreed that watershed size and surficial(subsuTace)geology could reliably be used to predict whether a stream will flow year-round. There is a strong correlation between watersheds greater than or equal to ate square mile and streams that are predicted to flow 99%of the time. There is also a strongcoarc4aion between watersheds with a high percentage of stratified drift(sands and gravels) aril streams that flow 99%oftle time. These two factors,as well its a fail-safe field observation provision,have been incorporated Into the new regulations. USGS cavinues to refire its statistical methodology to better predicttle probabilityofa sucam flowing year-round Once completed, the Department plans to use this infamaion to produce surcann raps that will eliminate roliance on the USGS topographic maps. Since this process will take several years, tine regulatory changes described herein are necessary to address perennial versus intermittent detemhinations daring the internal 2. USGS Tomomanhic Maps and STREAMSTATS. Tle new regulations tontine to rely upon an initial review of USGS topographic mops. Although these taps were not specifically developed to delineate perennial rivers from diem itten streams,the Department believes it is important to base initial reviews on maps that ire widely available to Conservations Commissions and the regulated community. The regulations then provide foradjucnrens to stream status based upon watershed size,watershed geology,and field observatiousofnollow. Under the new regulations,streams that are shown as perennial oil USGS topographic maps are classified its perennial. Streams that are shown as intermittent,or rotshown at all,are classified based upon watershed sire. Mile watershed size is greater than or equal to one square mile, the stream is perennial. If tie watershed size is less than one square❑did,the stream Lq nest likely intermittent. wulznd rtagura.nm PhifaeA -Ma,"Nis 0 ,' 310"CMR: DI:PARTMHN"1'01'ENVIRONMLNTAL PRO"FECTION Appendix: continued Some intermittent swears with a watershed sic of between one-half and one square mile rnry be shown to be perennial if the USGS STREAMSTATS model predicts a positive flow or if the watershed contains in least 75% stratified drill. STREAMSTATS is a now statistical tool developed by USGS that can be accessed through the USGS web site at _ httpJ/n>T.w:ucr.utcc.trov/shnalnstats/. Thisweb site provides valuable stream flow intonation to applicants and mgtdatous el&c. STREAMSTATS incorporates watershed size and geology unto its calculations, and can be used to analyze the probability that a stream flows on a year-round basicataparicu4rrlocation. Tlnatprobabilkyistspotteduvternsoffk)wdtuationstatutics. Plow duration statistics indicate tlnc pcnsentage of tune stream flows are cgtadcd orexcceded at a given stream location. For example:, ifa stream's flow at the 99%flow duration is five cubic feet per second,the stream's flow is predicted to be greater or equal to that disclMrgc rate 99%ofthe tune. Steams with it predicted flow rate greater than or equal to 0.01 cubic feet per second attlac 99% flow duration rate are considered perennial. The 99th percentile is the best available statistical expression of the statutory language"flows throughout the year." Some commentators requested thattlne Department requite use of the STREAMSTATS tool exclusively,and abandon reliance on USGS topographic maps. While tine Department nxaytake this approach in the future,we are concerned about USGS's ability to handle the high demands this would place on its web site. Inaddition,STRF.AMSTAIS cannot work if tile stream's centerline has not been digitized. hats, streams located it many southeastern communities (a list of watersheds is included in the regulations),as well as srmller, unmapped streams throughout the state, cannot be analyzed using STREAMSTATS. In those commtmitics,watershed size and surficial geology rant be analyzed using available raps. Other commentators expressed concerns about ruing STREAMSTATS in shall watersheds, : particularly those below 1.61 square miles. This number nepmserns the snnalfestwatershed size for which USGS has calculated"error hands"to accompany tine STREAMSTATS package. After consultation with USGS, plus field-testing on srvall streams, the Department believes that SfRl'AMSTATS properly estimates stream flow in watersheds down to one-halfsquare nnile in size. Tile regulations reflect this lower limit. Similarly,the regulations place if one-halfsquave mile size link onwatersleds inwhich stratified drift percentages nut be taken mutually or electronically from swficial geology maps. 3. Direct Observations ofNo Plow. Even though watershed s¢e and geology are the most imymortant characteristics for detemmiming stream status,the methods outlined above are still `predictive"and may be overcome by diect observation. Asa fail-safemochmnant,any stream must be classified as intermittent ifitisobserved not flowing for fora'days in a consecutive 12-month period,unless the observation occurs dating : it period ofextended drought or the stream is significantly affected by withdrawals,impoundments, or other nman-made flow reductions or diversions. In such cases,the observations become less probative in determining the stream's classification and the streamshoukl be classified based upon its status under the regulations absent the observation. Some commentators questioned the requirement for fourobservationdays rather than one,aunt questioned the stringency ofthe required documentation. "file Department believes tlmu four clays (approxinmately 1%of days in a year)is a reasonable requirement that's rationally related to the best statistical evidence available to predicta stream's status. The new regulation is also meant to ensure that field observations are reliable, credible, and well documented. In the past, the Department has too often struggled with poorly docmnented and irreconcilable observations from opposing parties. Tltc tsgulntions also clarify what a meant by 'flow", \\'nnlana 145ulnuon.I'rclsc AprxnJn..r-M,200.'s 7 1 310CMR: DEIIARTMEN'1'01:INVIRONMENTALPROTECiION Appendix: continued 4. Perennial Streams with Vcry Stahl Watersheds. Some commentators requested that the re6mlatioas include a method for proving that streams with very smid watet sheds(i.e.less than one square mile)flow througliout the year, Those streams may emanate from springs,or in areas such as Cape Cod,they may draw upon a large regional gnoundwateraquifersystem. Regardlessofvwatershed size,these strews are considered perewtial under the m6ubtiots if they are shown as perennial on USGS topographic maps. for those streams shown as intermittent, or not shown at all, they nary be considered perennial if the watershed size is at Last onc-halfsquare mile and it meets either the STREAMSTATS or stratified drift provisions. 'ilnc stratified drift provisions have been broadened in the final regulations to cnconpassthecntimstaterathertlmnatnotelnnitedlistofwatershcds. Shearsthatdo not fit into these categories must be classified asintenuittent. Unfotuately,proving that a stream isperennial by direct observation requires multiple observations trade in the late summer and early fall months over many years,and the Department could not craft a workable provision to accommodate those timefnanes. B. Extended DroutJnt. The definition of`extended drought"has been amended to coincide with an"Advisory'or more severe drought as declared bythe Massachusetts Drought ManeigementTask force in accordance with a statewide drought narnagement plan. This change was made on an emergency basis, effective December 21, 2001, and is now incorporated into the penTanew regulations. The plan has five drought action levels based upon nudtiple indicators such as stream flow, groundwater elevations, precipitation,snow pack,wild the danger,crop moisture availability,reservoir levels,and the Palter Drought Severity Index. The'rask force will issue written statements when a drought develops,when drought levels change,and whenthe drought ends. Monthly naps will be prepared by DL'M detailing the geographic extent of the drought and the corespond ng drought level. Drought infbrmation is published on the web at httnV/www.state.nTo.us/derrJprotaats/rainfalVindex.htnI - Some commentators questioned whether the regulations should be tied to a more severe drought level than"Advisory." Prior to prnmuhgatmgthesc final regulations,[lie Department conducted a retun period analysis to determine how often an Advisory level of drought would occur compared to a drought declared under the original regulation's definition based solely on precipitation. Tile analysis found that die probability ofa drought declaration at a number of locations wader the new system is less likely,or statistically the sacra,compared to the old dcfatRion. However,the geographic extent and duration of the drought nay increase under the new system, as it reflects the time necessary for groundwater and stream flow levels to recover. The Department is satisfied that the new statewide system more accurately portrays stream flow conditions,will be more easily used,provide consistent analysis,and will not lead to more frequent drought declarations than the original rebn latiors. Manycommentators expressed concemwith the 4m6nuage concemingwithdrawa6,impoundments, and diversions. The Department has modified this language slijtly in response to coif ents,and is also planning to develop guidance on this issue.Fist,the Deparment has retained the concept that the Legislature meant to protect rivers that would flow throughout the year in their natural condition. Propemtyowners cannot raise the fkshboards or otherwise manipulate the water flowing long enough to chhna stream is intermitent and escape rivenfrentjurisdiction. Man-made changes in stream flow should be investigated when streasdata'e predicted to flow perennially Eire observed dry, However, the Dcpattnacnt has added the word "si6nnifictuU"to stress that tic stream's apparont clanbe inshuas (i.c.a perennial stream is observed intermittent)mist be directly related,and in nest cases,proxinate, to the withdrawal, innpouttdrnent,or other flow reduction or division. hn other words,"but for"the withdrawal, impoundment,or other flow reduction or diversion,the stream would be perennial. The regulation also clarifies that the changes must be man-nadc. \YctlanA 145ulmu+n.I4a1'ac<.\ppandn<s-Afar 2rN1% R i Streamflow Statistics Report Page 1 of 2 a _�.• x �• , ..33 i,a: Streamstats Ungaged Site Report Date:Mon Jan 212013 07:38:55 Mountain Standard Time Site Location:Mauachusetts NA027 Latitude:42.5049(42 30 18) - € NAD27 Longitude: .5050(4 3018) i NAD83 Latitude;42.5050(42 30 18j [ NA083 Longitude:-70.9034(-70 54 12) [ ReachCode:01090001022333 I Measure:3S.05 E Drainage Area:0.29 mil I i Low Flows Basin Characteristics ` 100%Statewide Law Plow,10.29 mil t Value Regression Equation Valid Rang Pam refer Mln Max Drainage Area(square miles) 0.29(below rrvn value L61) 1.61 14 Mean Basin Slope from 250K OEM(percent) 2 03 0.3 24. S seethed Drift per Stream length(square mint per mile) 0.0239 1 2 1 i Massadwsetts Region(dimemloNe �7 Warning: Some parameters are outside the suggested range. Estimates will be extrapolations with unknown errors. Probablifty of Perennial Flow Basin Characteristics 00%Perennial Flow Probability 0.29 rant) ParameterValu I Regression equadon Valid Range Min Max Percent Underlain By Sand And Graw:l(percent) 6.00 10 Percent sorest(percent) 4.49 10 Massachusetts Region(dimensionless) Low Flows Streamflow Statistics low(Its/a) rdOcdon Hter(percent E record t OMinimum redlcMeximurem a FID507F 0.27 160 FD7071F 0.0766�� 075 005472. Fee OA368 DBs 0.0242 D90 0.0141 Fogs 0.00733��L I 000446 F ,.• .000295 M702Y 0.0086J�� ' hUGD50 0.0262�� M7D10Y 0.0023�� The equation for estimating the probability of perennial flow is applicable for most areas of Massachusetts except eastern Buuards Bay,Cape Cod,and the Island regions. The estimate obtained from the equation assumes natural Bow conditions at the site.The equation also Is best used for sites with drainage areas between 0.01 to 1.99 m12,as errors beyond for basins beyond these bounds are unknown. Probabiti oP Perennial Flow Statisti S tadsdc Yalue Stamiard Error(percent) PROBPEREN 0.82 g.5 s- 1 i 3 r http://streamstatsags.cr.usgs.gov/gisimg/Reports/FlowStatsReport l 592030_201312173855... 1/21/2013 3 y Page 1 of 1 t a�° �'�` t e �t+'k•�" 9 ��a' �'i�F31 aka �'i �r� y��x }"fi r a i E �& # S" � '�. ,we ' .. t .F�°' 3�s � iY45� 5 at•� r ,�� t e, b_�`,vY l� t i. z*.°�.,. a. .ta a►- akta" w:n a .� t.13��6..t4 w,,.-`5�1: Jk 3. ela�"�,.` .¢..r�hxa http://streamstatsags.cr.usgs.gov/ma_ss/ESRI.AreGIS.ADF.Web.Mimelmage.ashx?lmg[D... 1/21/2013 I. !`Ova T I� �� RECEIVED HAR 15 2013 DEPT.OF PLArWNG 6 NOTICE OF INTENT APPLICATIO L"T y"EvE"'!"' 6 CHAMPLAIN ROAD & 19 ARTHUR STREET SALEM, MA Prepared for: Gino Ciasullo 6 Champlain Road Salem, MA 01970 Prepared by: Pennoni Associates Inc. 13 Branch Street Pennons Suite 103 Methuen, MA 01844 Project Number CSLO 1201 March 13, 2013 Massachusetts Department of Environmental Protection Provided by MassDEP - Bureau of Resource Protection - Wetlands . MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town Important: A. General Information When filling out forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 6 Champlain Road Salem 01970 cursor-do not use the return a.Street Address b.City/rown c.Zip Code key. Latitude and Longitude: 42-30-18.55 N 70-54-11.38 W I01 d. Latitude e.Longitude m 23 0024 f.Assessors Map/Plat Number g. Parcel/Lot Number FM2. Applicant: Gino Ciasullo a.First Name b.Last Name Note: Before c.Organization completing this form consult 6 Champlain Road your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town I.State g.Zip Code regarding any municipal bylaw 978-479-3089 987-741-4626 sales@GandEsteel.com or ordinance. h.Phone Number i. Fax Number j.Email Address 3. Property owner(required if different from applicant): ® Check if more than one owner Antonio Ciasullo, Francesca Ciasullo Manuel J. Santos, Diana F. Silva a.First Name b.Last Name (Map 23, Lot 0024) (Map 23, Lot 0243) c.Organization 6 Champlain Road 19 Arthur Street d.Street Address Salem MA 01970 e.Cityrrown I.State g.Zip Code h.Phone Number i.Fax Number j.Email address 4. Representative(if any): Benjamin Osgood, Jr. a.First Name b. Last Name Pennoni Associates c.Company 13 Branch Street Unit 103 d.Street Address Methuen MA 01844 e.Cilyrrown f.Stale g.Zip Code 978-749-9929 978-749-9920 bosgood@pennoni.com h.Phone Number I.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110.00 $42.50 $67.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid w aform3.doc•rev. 11/16/09 p Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ` Document Transaction Number Salem City/Town A. General Information (continued) 6. General Project Description: 24'x37' garage,125 LF retaining wall for yard area, stone and concrete retaining walls ramps and steps. 8' high chain-link-fence along rear property line as wetland and tresspass barrier. 7a. Project Type Checklist: 1. ® Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex South a.County b.Certificate#(if registered land) 17139 54 c. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects affecting other Resource Areas, a. ❑ Bank 1.linear feet 2. linear feet please attach a narrative b. ElBordering Vegetated explaining how Wetland i.square feet 2.square feet the resource area was c. ❑ Land Under 1.square feet - 2.square feet delineated. Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 11/16/09 Page 2 of 8 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (corl Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet'replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) 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 number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. ❑ Land Under the Ocean with all 1. square feet supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpaform3.doc•rev. 11/16/09 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau Of Resource Protection - Wetlands MassDEP File Number WPA Form 3 Notice of Intent Ll Document Transaction Number, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration, rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 5. ❑ Project Involves Stream Crossings a. number of new stream crossings b. number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nheso/regulatory review/priority habitattonline viewer.htm. a. ❑ Yes Z No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 03/04/2013 Route 135, North Drive b. Date of map Westborough, MA 01581 wpaform3.doc•rev. 11/16/09 - Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Other Applicable Standards and Requirements (corl If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentagelacreage (b) outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**" (a)❑ Project description (including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d) ❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries d. OR Check One of the Following 1.❑ Project is exempt from MESA review. - Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemotions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented (321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 11/16/09 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem- City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. E Not applicable—project is in inland resource area only b. ❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore- Hull to New Hampshire: Island, and the Cape& Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. El Yes E No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes E No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes E No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2. ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b. E No. Check why the project is exempt: 1. E Single-family house wpaform3.doc•rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: ... LF IBureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent , Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Notice of Intent Plan a. Plan Tftle Pennoni Associates Benjamin C. Osgood, Jr. b. Prepared By c.Signed and Stamped by 03-08-13 1" =20' d. Final Revision Date e.Scale Notice of Intent Application 03-13-13 f.Additional Plan or Document Title g. Date 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. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpaform3.doc•rev. 11/16/09 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP a . Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent1-51 = a Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 salem City/Town E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city,town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal l mittal Form)to confirm fee payment: -3 ' I i2 2.Municipal Check Number 3.Check qate - I I 4.State Check Number 5.Check bate Gino Ciasullo 6. Payor name on check:First Name 7. Payor name on check:Last Name F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the li n app ca t In accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. 3 1a l 1.S tare of Applicant 2. Dat4 3 la i3 3.Sign ure o roped w er(A rent) 4. Date 3 13 t 5.Sifnature ontative 0 ny) 6.Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents,two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes"box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev. 11/16/09 Page 8 of 8 APPENDIX TO NOTICE OF INTENT 6 Champlain Road & 19 Arthur Street, Salem PROJECT DESCRIPTION 1 REMEDIATION 2 RESOURCE AREA PROTECTION 2 WILDLIFE HABITAT 2 WETLAND DELINEATION 2 CONSTRUCTION SEQUENCE 2 USGS QUADRANGLE MAP 3 NATURAL HERITAGE MAP 4 FLOOD INSURANCE RATE MAP 5 LETTER OF EXPLANATION FOR STREAMSTATS 6 STREAMSTATS UNGAGED SITE REPORT 8 ASSESSOR'S MAP 10 AFFIDAVIT OF SERVICE 11 NOTIFICATION OF ABUTTERS 12 ABUTTERS LIST 13 PERMISSION TO FILE NOI 14 WETLANDS FEE TRANSMITTAL FORM 16 COPY OF CHECKS IS PROJECT DESCRIPTION The purpose of this Notice of Intent filing is to permit work which was completed in the buffer zone of a wetland area associated with an intermittent stream without a permit filing with the conservation commission. The site originally consisted of a greatly sloping buffer zone area with very large outcroppings of bedrock. The original construction of the dwellings was allowed under DEP File #64-262 and included the construction of two dwellings on two separate lots with no work proposed within 100 feet of the intermittent stream. During the permitting process the intermittent stream was considered a River as defined under the wetland protection act and therefore a 100 foot buffer zone restriction was placed on the two properties. Subsequent to the construction of the dwelling on the property at 6 Champlain the property was sold to a residential owner who proceeded to make improvements to the property within the 100 foot restricted zone defined in the original order of conditions. The owner obtained a building permit to construct a 24' x 37 garage, but proceeded to make other improvements to the property including the installation of chain-link fences, retaining walls, walkways, gardens, and steps located in the buffer zone of the bordering vegetated wetland associated with the intermittent stream. In 1996 when the lots at 6 Champlain Road and 19 Arthur Street were created, the stream at the rear of the lots was classified as a River under the wetland protection act. As a result a "No Disturbance Restriction' was placed on the properties, the limits of which are shown on the approved development plans as a Restriction Line located approximately 100 feet from the edge of the stream. Since the original filing of the Notice of intent the Massachusetts DEP regulations as to how a River is defined has changed. Under the new regulations a Stream Stats program is used to define the watershed size and expected low flows during certain environmental conditions. Under the new regulations the stream is not perennial and is not a River with an Inner or Outer Riparian Zone. The Stream Slats outpu�as well as a letter explaining this output, are attached in this appendix. Because the stream is not considered a River we are asking for the Restriction Line to be removed. REMEDIATION As part of this Notice of Intent the 8' high chain-link fence along the northerly side of the property line will be removed as well as the 4' high fence around the existing garden area. The closest end of the 4' fence to be removed is about 8 feet from the wetland and the closest point of the 8' fence is 14 feet from the wetland. The 8' chain-link fence along the rear of the property which parallels the edge of the wetland will remain in place as a protective barrier and to prohibit trespassing through the wetland resource area from the adjacent playing field located immediately on the opposite side of the stream. Removal of this fence could also disturb the resource area to a greater extent than leaving it in place. Wetland resource area markers will be attached at 50 foot intervals along the fence. The balance of the improvements previously made such as the garage, lawn areas, retaining walls, and stairs are proposed to remain. With the exception of the existing stairs to the garden area which are 40 feet from the BVW line and the fence on the north side of the property, all of the other improvements are further than 50 feet from the wetland line. RESOURCE AREA PROTECTION The resource area consists of a Bordering Vegetated Wetland which borders an intermittent stream. The proposed mitigation work proposed with this notice of intent does not include any excavation activities and therefore no erosion control devices are required. WILDLIFE HABITAT The property is not located near any mapped priority habitat as delineated by the Massachusetts Natural Heritage Endangered Species program. As the property currently exists the house is surrounded by a lawn area which transitions through a semi landscaped buffer into thick underbrush along the resource area. WETLAND DELINEATION The bordering vegetated wetlands and intermittent stream were delineated by Sommer Environmental Technologies, Inc. in 1996 as part of the original NOI filing and was copied from existing plans of record. CONSTRUCTION SEQUENCE 1. Remove 8' high chain-link fence. 2. Remove 4' high chain-link fence. 3. Install wetland resource markers. Page 1 of 1 r � t S 4.. �} r.,l , f c�,$SyS t -.`" a.*•'3��. � \ t '� � t v � ��. 5x a '-- i ._,'� n k ✓y is �, w �-.� ^ �: A`fir , 't' �1 � y,:r " � t5, •:i. �" 4f1 r a �� • � R 0 �ZZt; �# � F� �' �Pelm� it •i s .� "` ,\• y ` . \' r iJ - �, „ ; • i �_` •' TP � ly�6yt � t vi �d R • r � . http://giswebservices.massgis.state.ma.us/geoserver/wms?LAYERS=massgis°/u3 AGISDAT... 3/5/2013 Natural Heritage BioMap 2 Page 1 of 1 pa'p z � me oma.I Wm afore oe MCM of FManjaWO Nekap2 `Mass y Y g ` NaW21 Heritage and Fstlengeretl Spades Prtprem a ��WPob 5 JV � 0 �°01 c Yalural . Ppd Fndangee e 2 1.!emiiReMen-,y N Q MessGlS,Gala®3gg9 nSheelMe.ReiWenng Oigg _ wore �Co's Habitat 9 Critical Natural Landscape i Wetlands Certified Vernal Pools "Potential Vernal Pools /NHESP Econegions /Massachusetts Towns http://maps.massgis.state.ma.usWg/biomap2.htm 3/4/2013 Nl�. IL ►. MAP SCALE V I 1 ".✓ '� y..�n'ilH4 .'• "� "�MG�`k�•F_`�.x!`c'yal` fq�S 9 1 I 500 1000 FEET . C ! \,• .. '• kxn} rr a, II„hi,,,,III�I„�,III�I 54 , IIIIIIII iJ j, lY•' 4 T \{I! K a 0 ', V C�.4j1 `¢Yi .1 JFIRM FLOOD INSURANCE RATE MAP 'tC+ r , ESSEX i l ._� r 'k'L,.•f�t `k .., *�.,,,�TBt;yd�;. 111d� COUNT ` MASSACHUSETT v .w,- ELF . ar..• I i nu (ALL JURISDICTIONS) '�t as>� s'yn ' (SEE MAP INDEX FOR FIRM PANEL LAYOUT) PANEL 419 OF 600 •� '�• Gd4rab �jS'�Fy T.d �y1 1� J. 1I '1 IH a 44s I ►Y` }�.& '�+•I ...wo+,l. U"Y^ .tip+. iZ •.1- INS "" 47, r y t • rev "- if��J.1� d �J•�" %•er. ,� IIIIIIII Ty y w. Y9 q ! lllrn. ",yy�, a4`" a�"'t�. .f 'wtw; M r* � 'F•6'i. �" "jy � ,t+-�.t/ t a Pen o PENNONI ASSOCIATES INC. CONSULTING ENGINEERS February 22, 2013 Tom Devine, Agent Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 01970 Re: 6 Champlain Road, Salem, MA DEP file# 64-262 Dear Mr. Devine: This letter is being submitted to explain how the determination that the brook at the rear of 6 Champlain is considered intermittent and not a perennial stream. I have attached an excerpt from the appendix to the wetlands protection act which will provide insight into the history of the riverfront portion of the wetlands protection act and the history behind how the current system for determining river status was developed. As mentioned in the first paragraph of the introduction it became apparent that the `original regulatory criteria do not clearly distinguish perennial rivers that flow throughout the year from intermittent streams'. This inaccuracy in determining the status of a stream in the original regulation was what most likely caused the labeling of the stream at 6 Champlain Ave. as a perennial stream when it should have been classified as being intermittent. Also attached to this letter is a two page printout that was generated using the USGS Massachusetts Streamstats website. The streamstats printout provides information which can be compared to the definitions of a River as listed in the current regulations 310 CMR 10.58(2)(a)l a through c. The comparison of the stream at 6 Champlain Ave to the requirements for classification of a River is as follows a. A stream shown as perennial on the USGS map is perennial. • The stream at 6 Champlain Ave. is shown as an intermittent stream on the USGS maps. b. The watershed size of the stream, whether shown as perennial or intermittent on the USGS map, is greater than 1 square mile. • The streamstats printout lists the drainage area of the stream at 6 Champlain Ave. as 0.29 square miles which is highlighted in pink on page 1 of the printout and shown shaded in red on page 2 of the printout. c. A stream which is shown on a USGS map as intermittent is considered intermittent unless it has a watershed of 0.5 square miles and has a flow rate of 0.01cubic feet per second at the 99% flow duration. • As stated above the stream has a drainage area of 0.29 square miles as highlighted in pink and a flow rate of 0.00295 cubic feet per second flow rate at 13 Branch Street,Suite 103•Methuen, MA 01844•Tel:978-749-9929•Fax:978-749-9920 w .pennoni.com Tom Devine, Agent 2 February 22, 2013 Salem Conservation Commission 120 Washington Street, Salem, MA 01970 Re: 6 Champlain Avenue, Salem, MA the 99% flow duration as highlighted in yellow on page 1. Neither of these values meets the requirement to consider the stream perennial. Based upon the analysis provided we request the conservation consider the stream as being intermittent and that the 100 foot restriction in the original order of conditions be lifted. Sincerely, PENNONI ASSOCIATES, INC. Benjamin C. Osgood, Jr. P.E. Sr. Engineer cc: File K:\PR0JECTS\CSL0\CSL01201 -6 Champlain rd Salem MA\Correspondence\SEN RRiver letter 2-22-13.doc Streamflow Statistics Report Pagel of2 ,, Streamstats Ungaged Site Report Date:Mon Jan 212013 07:38:55 Mountain Standard Time Site Location:Massmhusette MAD27 latitude:42.SN9(42 3018) MAD27 tngitude:-70.9039(-70 5414) MA083 LaBtude:42.3050(42 3018) MAD83 Longitude:-70.9034(-70 S4 12) ReachCode:01090001022333 Measure:BIOS Pirelli Area:0.29 mil Flows Basin Characteristics 00%Statewide Law Flow 0.29 mil Pbrerr-t- Value Regressior,Eauation Valid Min Max Drainage Area(square miles) 0.29 bNow min value 3.61 1.61 19 Mean Basin Slope from 250K DE M(percent) 2.03 0.3 24. Stratified Daft per Stream Lengm(square mik per mik) �� Massarusetb Region(dimen9onless) 0 Warning:Some parameters are outside the suggested range. Estimates will be extrapolations with unknown errors. �!rvbabillllbf of Perennial Flow Basin Characteristics OD%Perennial Row Prababil 0.29 M12 hn,meter � Val I Regression Equallon Valid As Min Max Drerage Area(square miles) Percent Underlain By sand And GrawA(percent) 5.9g Percent Forest(percent) 4.9 10 Massachusetts Region(dimensionless) F70 E= hAw Flows Strearnflow Statistics Equfreknt Percent Predkeon I (Rs/s fiction Frror(Perpent ; Mimmu® D 0.0766�O�O �F�� D75 0.0592 0.0361 D85 i) 0.0146 D95 g.g07330��0 B.o89i6��00 Egg 0.00295��0 M71)2Y AUGD50 0.0262��I�� M7030Y 0.0023��u The equation for estimating the probability of perennial flow is applicable for most areas of Massachusetts except eastern Bmards Bay,Cape Cod,and the Island regions. The estimate obtained from the equation assumes natural Flow conditions at the site.The equation also is best used for sites with drainage areas between 0.01 to 1.99 mil,as errors beyond for basins beyond these bounds are unknown. Probabilitif of Perennial Flow StaBsti BSIK VaWe Stallard Error(parcent) PROBPEREN 0.82 0.5 http://streamstatsags.cr.usgs.gov/gisimg/Reports/FlowStatsReportl 592030_201312173 855... 1/21/2013 R �nee LIM �i rl` Salem Web GIS- Map Page http://host.appgeo.conVsalemma/Map.aspx 64&- tWelcoto the CiI�,�Salem*�ILiassachtcsetls� lCimeyriscoll, tfayor- New Property Search sn NtLkSON SY Property ID {'e Address (� > Owner LAlR4 �S Property ID 23_0074_0 Address 10 ARTHUF (� Owner TZORTZIS Property ID 23_0035_0 } Address 13 ARTHUF Owner BOUCHER p*5 Property ID 23_0036 0 p Address 17 ARTHUF Owner BLAISDELL u fl Property ID 23_0243_0 Address 19 ARTHUF �STpctl rgT Owner SANTOS M Property ID 23_0075_0 Search 100 k t Distance F Mailing Labels Q rR ry e= Fyn ❑+ oovt3vvv�� «o © �v+- ® scale l"= 220 ft ' Salem City Hall 93 Washington Street, Salem, MA 01970 Phone: 978-745-9595 City Hall Hours of Operation: Monday,Tuesday&Wednesday 8AM-4PM Thursday 8AM-7PM Site designed by AppGeo. 1 of 1 SC 3/5/2013 11:35 AM AFFIDAVIT OF SERVICE I,Benjamin C. Osgood,Jr., hereby certify under the pains and penalties of perjury that on or before March 18,2013 I gave notification to abutters in compliance with the second Paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in conjunction with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act and the Salem Local Bylaw by Gino Ciasullo with the Salem Conservation Commission on March 14, 2013, for property located at 6 Champlain Road, Salem,MA Notification, and a list of abutters to whom it was given,and their addresses, are Attached to this Affidavit of Service. C 3- /Y-/3 Name Date CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act & the City of Salem Wetlands Protection Ordinance A Public Hearing will be held at Salem City Hall Annex, 120 Washington St,3rd fl., Salem, MA at 6pm on: March 28 2013 To consider a Notice of Intent for: Gino Ciasullo(23-0024) For the property located at 6 Chamolain Road For Work in the wetlands buffer zone This is a public hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the Salem Wetlands Protection Ordinance and Regulations. Plans are available at the City of Department of Planning and Community Development, City Hall Annex, 120 Washington Street, 3`d floor, Salem, MA from 8am-4pm Mondays thru Wednesdays, 8am-7pm on Thursdays, and 8am-12pm(noon) on Fridays. For more information please contact the City of Salem Conservation Agent at 978-619-5685. Note: Notice of the public hearing,including its date,time and place, will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing, including its date,time,place,will be posted on the Public Meetings Bulletin Board in Salem City Hall,93 Washington Street, Salem, Mass not less than 48-hours in advance. Note: Please submit written comments to the Salem Conservation Commission, City Hall Annex, 120 Washington Street, Salem, MA 01970 by the public hearing date. Comments can also be emailed. Please contact the Conservation Agent at 978-619-5685 to confirm email address. Note: You also may contact the nearest Department of Environmental Protection (DEP) Regional Office for more information about this application or regarding the Massachusetts Wetlands Protection Act. To contact DEP call: Central Region: (508) 792-7650 *Northeast Region: (978)694-3200 Southeast Region: (508)946-2714 Western Region: (413)784-1100 l CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 6 CHAMPLAIN ROAD 19 ARTHUR ST DATE: 3/05/2013 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a)) to the parcel(s) of land listed above as the project site. Assessor's Signature: l t� 1%n Date: Z�4 V3 Number of initialed pages attached: 3 Once Certified,Return to: Tom Devine, Department of Planning and Community Development Map.aspx http://host.appgeo.com/salemma/Map.aspx 23_0074_0 23_0026_0 TZORTZIS JOHN COTE ANTOINEI 133 HIGHLAND AVENUE 16 READ STREET WINTHROP,MA 02152 SALEM,MA 01970 j 23 0035 0 23 0017 0 BOUCHER DEAN LEBLANC LIONEL PIERRE 13 ARTHUR ST 21 READ STREET f SALEM,MA 01970-2801 SALEM,MA 01970 23 0036 0 23_0025_0 BLAISDELL MARC LEVASSEUR ROBERT J 17 ARTHUR ST 22 READ STREET SALEM,MA 01970 SALEM,MA 01970 23_0243_0 23_0023_0 SANTOS MANUEL J BELIFORE LOUISE 19 ARTHUR STREET 26 READ STREET SALEM,MA 01960 I SALEM,MA 01970 23_0075_0 23_Q051_0 LORRAINE RYAN C SALEM CITY OF �8 A-v1wr 6Z' .MA ,Mk ot9"+o 23 0038 0 23 0072 0 GALLANT JEANNE DONOVANPAUL 2 CHAMPLAIN ROAD 19 112 WILLSON ST - SALEM,MA 01970 SALEM,MA 01970 23 0037 0 23 0039 0 SARHANAYMAN PAL04BO GAIL A f 4 CHAMPLAIN ROAD 5 LOONEY AVENUE I SALEM,MA 01970 SALEM,MA 01970 9 i 23 0024 0 23 0040 0 CIASULLO ANTONIO CHEEVER MAREEDAN 6-CHAMPLAIN ROAD 23 WILSON STREET SALEM,MA 01970 ( SALEM,MA 01970 I � 23_0073_0 23 0041 0 BERUBE CLAUDETTE BELANGER RENE ARMAND i 1 GALLOWS CIRCLE 25 WILLSON STREET i SALEM,MA 01970 SALEM,MA 01970 1 23 0050 0 23_0042_0 TREMBLAY MARK L LAVOIE ROGER E 7 LAURIER ROAD 29 WH.LSON STREET SALEM,MA 01970 SALEM,MA 01970 L 1 of 1 3/5/2013 11:36 AM Manuel J. Santos and Diana F. Santos 19 Arthur Street Salem,MA 01970 March 14,2013 Salem Conservation Commission 120 Washington Street Salem,MA 01970 Re: 6 Champlain Rd, Salem,MA Dear Members of the Conservation Commission: Manuel Santos and Diana Santos,as owners of the property at 19 Arthur Street,hereby grant permission to the owners of 6 Champlain Road,the abutting property to ours,to file a Notice of Intent for the removal of fencing on our property,that was installed by the abutters,owners of 6 Champlain Road. Very truly yours, U anuel J. t s Diana F. Santos FWa Diana F. Silva i i _ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important:When A. Applicant Information filling out forms on the computer, 1. Applicant: use only the tab key to move your Gino Ciasullo cursor-do not a. First Name b.Last Name use the return key. c.Organization 6 Champlain Road d. Mailing Address Salem MA 01970 �^ e.City/Town I.State g.Zip Code 978-479-3089 978-741-4626 sales@GandEsteel.com h. Phone Number i.Fax Number I.Email Address 2. Property Owner(if different): Antonio Ciasullo, Francesca Ciasullo Manuel J. Santos, Diana F. Silva a.First Name b.Last Name 6 Champlain Road 19 Arthur Street c.Organization d.Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code h.Phone Number i.Fax Number j.Email Address 3. Project Location: 6 Champlain Road Salem a.Street Address b.City/Town To calculate B. Fees filing fees, refer to the category The fee should be calculated using the following six-step process and worksheet. Please see fee list and 9 9 P examples in the Instructions before filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and Form 3(Notice of Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total 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. Wpaform1doc•Wetland Fee Transmittal Form•rev.2/21/08 Page 1 of 2 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Garage, retaining walls, fence 1 110.00 110.00 Step 5/Total Project Fee: 110,00 Step 6/Fee Payments: Total Project Fee: 110 .00 a.Total Fee from Step 5 State share of filing Fee: 42.50 b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: 67.50 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent, a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpaform3Aoc•Wetland Fee Transmittal Form•rev.2/21108 Page 2 of 2 l GINO CIASULLo- 113 ';73tFf3'EI3Cbi7,R'1" �� ,nn .Q .'PAY TO NORTH IOAE SANK a 3 7.1,Fqt4pi, BDDS:1948.i.5u' 013 �r LINO CLASULL0, /zns Ill l �Sl,idd" . } 4 PAY TOf . s THB 0S2UERUP NORTIT sHOH BANK s MEMO 2Li371298r 60D!? 3�48154' Oiti ti ! �:+"� a. .5:..:;h,:aP1��:t..' 1�'a ..u;.y .,. �t<°" r. •.¢ 1. t r r w,x';s, �'T,�°y.x. . t YI73LII�U kyC<^dC-1.I O.SiU.RT"LC 0. tiy"'a,e. r ��, . I G ,nd t . . YYR�"A� r E 'If[b ORDER Y � r' ;'' I FA7 A'As u we R' yl A ; O TII sHo&E ikw a ,� R MEMO