64-204 - 12 CLARK AVENUE - CONSERVATION COMMISSION Clark Ave Armstrong 64 204--.,.
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LOS ANGELES-CNICAGO•LOGAN.ON
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BIB 11589 PG 295
310 CMR 10.99 f 140i92 03148 Irtst 677
Form B
DEP file ND. 64-&&111 204 JI
OTOncel1 Dy DEPI
em
a_ Commonwealth cny Town
- I of Massachusetts - A4m,5tAon
MDaCBM_ q
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
Sat..em ConwLva.Sion Comm.iaaton
From _ issuing Authority
Tefu$ie Annmttnona 12 C.Panh Avenu D. Mnn 2 lot 41 _
(Name) (Address)
1992
Date of Issuance Octobm 8, _
Julie AAmAttAon9
This Ce-tificate is issued for work regulated by an Order of Conditions issued to _
._ dated 6111192 and issued by the Comnu,5aton
1. X It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed
2. = It is hereby certified that only the following portions of the work regulated by the above•relen
enced Order of Conditions have been satisfactorily completed:(If the Certificate of Compliance
does not Include the entire project,specify what portions are Included.)
3. = It is hereby cerlilied that the work regulated by the above-referenced Order of Conditions was
never Commenced,The Order of Conditions has lapsed and is therefore no longer valid.No future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receivinc a new Order of Contlitions.
........................................................................................................................................................._.........._.............
(Leave Space Blanki
01
Effective 11/10/89
GK 11589 PG 296
a, xx This certificate shall be recorded in the Registry of Deeds or the land Court for the district in
whch the land is local d.The Order was originally recorded on I�1/92 (dale)
71
at the Regi;rtry of go, t 56 ea ,Book 1 .Pa
S. $X. The following conditions of the Order shall continue:(Setforth any conditions contained in the
Final Order.such as maintenance or monitoring,which are to continue fora longer period.)
Identi.tjdcati.on boundary marhena to be placed to ouch a manner. to .identi6y the. tAue
loeattbn 06 the toe o6 the 6tope as p.opo6ed by plan.
d
SaP.em Con6ervaCton Commi66ton
Issued by
Signature($)_ Q_
I a ry
When issued by t GopServaZipplCom?tsltodl7 tehim Certificate must be signed byi. 92majority of is members.
On this_ fTvur.P,(Y—n daay of U D ,19 ,before me
personally appeared— .the abovo mondinnod - ,to me known to be the
person descriDed in find who executed the foregoing instrument and acknowledged that he/she executed
the same as h.smer free act and deed.
ti,.Ili
7-is--q
Notary Public My commission expires
Detaph on donned lineand aubmlt to the_ Satem Conservation Commi.66i.on
..................................................................................................................................................................................................................
SaPmif C.ITzvwation Comth 6 A o n
To Issuing Authority
Please be aW!se<I that the CeNhiate of CgmWxnce for me behest al. 12 Clak Avenue
64-291 204
File Numoer_nee been recorded at the Regiaey of
ana'fas Dean noYeo n:ne Cnaln of title of me alleoleo Dropem on .I s
II ecvoe grog."e si umanl i`Umper'.vrigri icenllnes Iris Iransacnon Is
!I r2Ql9erea sro.me coculnehl hurn Der wnich ieenhhes lhls ronsactlon is
$.gnat,,e_ Applicant
82
i�
O0MMON WEALTH:OE MASSACHtlSE?IS
ESSEX REGISTRY ORDEEOS,80. OIST, SALEM,MAS.S��
ESSEX S5e ✓ 201 J'
A TRUE�C�OPY OF HEC. R0: I
B00Sf.+ '� + PAGE
ATTEST:
RE61STER
5JoN Cp��
W z Cansffvaxim C,omMission
Salem. Massachusetts 0197O
W
ASSNC��y
July 25, 1991
Julie Armstrong
Ronald Mento
5 Mansell Parkway
Salem, MA 01970
RE: 12 Clark Avenue
Dear Ms. Armstrong and Mr. Mento:
The Salem Conservation Commission is required by the state to enforce the
Wetlands Protection Act. Under this act anyone altering land within 100 feet of a
wetland is required to file either a Determination of Applicability or a Notice of
Intent to determine if the proposed action will adverseley effect the wetland. The
Commission decides whether the project will effect the wetland and may set
conditions to minimize impacts.
The Commission also investigates reported instances of illegal filling of
wetland areas and issues Enforcement and Restoration Orders to help remediate
damage.
The Conservation Commission is informing you that illegal fill has been
dumped on a property you own. The origin of the fill is Deer Island . We believe
the fill is not contaminated; however, it is high in clay and silt particles. This
makes it unstable when wet and unsuitable for housing construction, unless
specially compacted.
The above mentioned filling was done in January of this year. Unfortunately
at that time we were unaware that you owned a piece of the land in question. Mr.
David Colpitts, his attorney and wetland consultant have made several
presentations to the Commission regarding this matter. The Commission has issued
an Enforcement and Restoration Order, which requires that some of the fill be
moved to make the slope more stable. Mr. Colpitts has appealed the order to the
adjudicatory hearing process. Scheduling of such hearings can take up to two
years. If the judge rules in favor of our Enforcement Order, and Mr. Colpitts does
not comply, you the property owner will be required to carry out the order.
Enclosed is the Enforcement Order which you may be responsible for, if the
ruling of adjudicatory hearing is in favor of the Commission and if Colpitts does
not comply.
If you have any questions regarding this matter, please call Juli
Riemenschneider, Conservation Administrator at 745-9595, ext. 311.
Sincerely,
Betsy Horne
Co-Chairperson
MZ1WP
310 CMR 10.99
Form 9 DEP Re No. : 6 4-16 5
ITo oe orwwea oy DEP)
w carrown_ Salem
Commonwealth
of Massachusetts Ronald Mento
�ooucant
Julie Armstrong
Enforcement Order
Massachusetts Wetlands Protection Act. G.L. c. 131, §40
From Salem Conservation f mmrrii =g i nn Issuing Authority
To Julie Armstrong and Ronald Mento
Date of Issuance July 26 , 1 99 1
Prooerrvloeoarcel number. address Clark Avenue , Map #2 , Lot 41
extent and type of activity:
Illegal fill encroaching onto part of the wetland.
The Conservation Commission has determined that the activity described
aoove is in violation of the Wetlands Protection Act. G.L. c. 1 31, §40. and the Regulations promulgated pur-
suant thereto 310 CMR 10.00. because:
L Said activity has been/s being conducted without a valid Order of Conditions.
Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number . Condition number(s)
Other(specify)
The Conservation Commission hereby orders the following:
x The property owner. his agents, aermlttees and all others shall immediately cease and desist from further
activity affecting the weaano Por ion of this property.
7— Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
Effective 11/10/89
Issued by the Department of Environmental Protection
Z Completed application forms and plans as required by the Act and Regulations shall be filed with the
on or Detore (date),
and no further worK snail be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner snail take every reasonable step to prevent further violations of the act.
Other(specify)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than twenrv•five thousand dollars or by Imprisonment Tor not more than two years or both.
Each day or portion thereof of continuing violation snail constitute a separate offense.
Ouestions regarding this Enforcement Order should be directed to:
Issued by
Signature(s)
(Signature of delivery person
or certified mail number)
HEARING RIGHTS
You are nerepy noafea of your ncnt to an amuoicatory nearing uncerihe Massacnusens Administrative Procedure Act.G.L Chapter --
30A.Section 10.recording mis Entorcemem Order.In accordance witn the Oeoanmenrs Rules for me Conduct of AdIY0ldaldry Pro-
ceedings.310 CMR 1.00.a Notice of Claim for Aaluoicatory hearing must oe filed in writing wimm twenty-one(21)clays of the oats
of issuance of inis Enforcement Order:must state cieariv ano concisely the tacts wnicn are grounds for the oroceeaings anti iris relief
sought:mustinctuce me appropriate filing fee and Fee Transmmal Form as provided in 310 CMR 10.03(7):and must pe addressed to:
DocKet ClerK
Office at General Counsel
Department of Environmental Protection
One winter Street.3rd Floor
Boston.Massacnuselis 02108
A copy of said Notice of Claim must oe sent to the appropriate regional office of DEP.
9-2a
i
�L
Issued by Salem Zrin c -f ' w Commission
ComDleleo application forms anc plans as reoulrec p': the Act anc Reputations snail be flea with Inc-
on or before lcare)
anc no iuriner worK snail be penorme0 until a puDuc nearing has been neto ano an Oraer of Conoitions
has been Issued to reoulate said worK. Application forms are available at.
The proDerty owner snail take every reasonable Step 10 Dreveni further violations of the act
X Other ISDectty)
David Colpitts has assumed responsibility for correcting the
violation, however, the law places responsibility on the property
owner and if Colpitts does not comply, you may be required to
carry out Mr . Colpitts ' Enforcement Order .
Failure to complv with this Order may constitute arouncs for feaal action. Massachusetts Generat Laws ChaD-
ter 131 . Section 40 orovlaes:
Whoever violates anv provision of this section, snail be punished by a tine of not more
than twenty-five thousand dollars or by imprisonment for not more than two years or Dorn
Each day or portion thereof of continuing violation shall constitute a separate otlense.
Questions reaardinc this Enforcement Order Should be alrected to: .Tit 1 i R i amen crhnP; Aar
Issuedbv Salem COnserVfltinn rnmmiss ' n -
Sionaturelsi
C �jx Cam"
!Sicnature of deirvery person
or cerllflec mall numoer)
9-2b
310 CMR 10 99
Form 9 DEP Fle No. 64-165
•' (to oe oroviaea oy 0EP1
�- C,Iv town Salem
Commonwealth
+� of Massacnusetts +oc„ten, David Coloitts
24
Enforcement Order
Massachusetts Wetlands Protection Act. G.L. c. 131 , §40
From Salem Conservation Commission Issuing Authonty
To David Coloitts
Date of Issuance May 23, 1991
Prooenvtovoarcel number. address Clark Avenue Lot #41, Map 2; Lot 118, 117, and 116,
Map 3.
Extent and type of activity:
See Attachment
The Salem Conservation Commission has determined that the activity described
above is In violation of the Wetlands Protection Act.G.L C. 131. §40.and the Regulations promulgated our-
suant tnereto 310 CMR 10.00.because:
Said activity has beenns being conducted without a valid Order of Conditions.
Said adtnnty has beenns being conducted in violation of an Order of Conditions issued to David _
Co lyitt s dated •-•--
Filenumoer 64-165 Condittonnumoerfs) See Attachement
Otherispecdy)
The Conservation Commission hereby orders the following:
The arceerty owner. his agents.permmees and all others snail immediately cease ano desist from further
activity atfectmg the wetland oortion of this property.
M Wetland alterations resulting from said activity shad be corrected and the site returned to its original con-
dition. (See Attachment)
Effective 11/10/89
Issued by
Salem conservation Commission Commission
CbmDieleo apDllcatlOn forms and plans as reoUirea o':the Ac: ana Reaulauons snail be filed won ME
on c-before kale:
ana no runner worK snail be benormea until a OUDuc nearinc nas teen neio and an Order o: COnOiticns
nas been Issued to reoulate Sala worK. ADphCatton forms are available at.
3—The prooerty owner snail take every reasonable sleb to prev2nt turtner violations of ine act
Otnerisoecrtyl
See Attachment
Failure fo ccmoty with this Order may constitute Grounds for leaaf action. Massachusetts General Laws Cnad'
ter t 111 . Section 40 broviaes.
Wnpevef violates any provision of this section snail oe ounlshea pv a fine of not more
than Twenty-five tnousand collars or ov lmpnsonmem for no:more in an two years or do:n
Eacn day or Conlon tnereot of Conlinwng violation snail constitute a seoarate offense.
Juli Riemenschneider, Conservation
Questions reoardlnc fnrs Enforcement Order snouts be avenea tc Administrator
Issued by The Salem Conservati
Sianaturelsl '
/ ` 1
Lc.,
t✓�
S:,nature of oeuvery person
or cemflec mall numaerl
9.2b
This Enforcement and Restoration Order is issued by the Salem
Conservation Commission to compel compliance with the Wetlands
Protection Act and independently the City of Salem Wetlands Bylaw.
We order that the property west of Clark Avenue be restored to a
stable slope which will not continually erode and damage the
_ wetland area. Although all of the fill is in violation of the
Wetlands Protection Act and the City of Salem Wetlands Bylaw,
because it was done without obtaining the required permits , the
Commission is only asking that the slope be brought back to a slope
which will be stable.
BACKGROUND INFORMATION
1) A Notice of Intent was filed by David Colpitts to extend Clark
Avenue approximately 410 feet south of the former end. A
Notice of Intent was filed because the furthest 100 feet
extended into a buffer zone of bordering vegetated wetland.
The wetland limit line was shown only for this 100 feet length
and then ended as its distance from the road was greater than
the 100 foot Buffer Zone. The Plan showed four house lots
east of the proposed road extension; however no work was shown
west of the extension. No proposed grades were shown west of
the extension, the wetland side.
2) The Salem Conservation Commission issued an Order of
Conditions on May 12, 1988, (DEP #64-165) . The Order required
that work be done according to the Definitive Plan of Clark
Avenue Extension in Salem, MA and Profile and Cross Section
Plan, both dated March 1988 by Landmark Engineering and
Surveying.
Special conditions of this Order were as follows:
1. Work shall conform to above referenced plan.
2. Work shall conform to narrative submitted with Notice of
Intent, entitled "Wetlands Report" dated April 12, 1988,
prepared by Gulf of Maine Research Center, inc.
3. Any changes in the plans shall require the applicant to
file a new Notice of Intent, to inquire of the Commission
in writing as to whether the changes are substantial
enough to require a new filing.
4. No salt shall be used as a de-icing agent.
5 . Prior to construction, an erosion and sedimentation
control barrier shall be installed downgradient of.
construction to prevent siltation in bordering vegetated
wetlands. Haybales shall remain in place throughout
construction and until the area has been stabilized by
vegetation.
6 . Conservation Commission members and/or their designated
agent reserve the right to enter and inspect the site
during construction.
7 . As-built plans stamped by a Registered Professional
Engineer, shall be submitted to the Commission prior to
the issuance of a Certificate of Compliance.
3) In January 1991 the Commission was notified that large
quantities of fill were being placed off of Clark Avenue.
Wilfred Beaulieau, the Salem Clerk of the Works issued a Cease
and Desist Order on behalf of the City, report dated January
9 , 1991 . It was determined that the fill ' s origin was Deer
Island. A soil report was also supplied. The soil is made up
of clay and silt particles and large stones . The MWRA had
contracted to have the fill removed. The MWRA was using the
same material to build a berm at Deer Island. The maximum
allowable slopes to be used were 3 to 1 and the soil was being
compacted in 8 inch lifts .
4 ) The Salem Conservation Commission issued an Enforcement Order
to David Colpitts on February 6 , 1991 , stating the extent and
type of activity:
Dumping of unstable (clay/silt) fill in an area not
specified to be fillet on the tan referenced in the
Order of Conditions . The fill is currently eroding as a
result of a steep slope at its edge and the lack of
situation fabric and functioning staked haybales .
The Special Conditions violated were stated as #1, #2 , #3 and
#5 .
5) Mr. Colpitts has sold house lots to Paul Claveau and Nicholas
Fiore prior to his dumping of the fill on the lots , however in
his appearance before the Commission regarding this matter Mr.
Colpitts said he was appearing in behalf of the land owners.
6) John R. Kielty Counsel for Mr. Colpitts and Paul Summer of
Summer Environmental Technologies Inc. represented Mr.
Colpitts at the April 11, 1991 meeting. Mr. Kielty requested
that the Commission amend the Order of Conditions to allow Mr.
Colpitts to stabilize the recently placed fill. Mr. Summers
submitted a reporL to the Commission which stated that there
was in fact. Bordering Vegetated Wetland at the toe of the
slope. At the meeting he said there was no way to tell if
wetlands were covered by the fill. In his report he also
recommended that the Commission amend the Order to extend the
amount of fill allowed to what had been dumped on the site,
stabilize the slope and restore wetlands where erosion had
caused silt to break through the siltation barrier. Mr.
Colpitts has installed a silt fence and staked haybales at the
request of the Commission.
The Commission asked Mr. Colpitts to provide a topographic
survey of the site.
7 ) Although Mr. Colpitts ' consultant alluded to the fact that
planting grass on the 1 . 45 ft. horizontal to 1 ft. vertical ,
24 feet high, clay/silt slope would stabilize it, the
Commission has seen otherwise. Engineering work on the same
fill material used at another site outlined specific criteria
necessary for compaction and stabilization. Some of the grass
seed planted in accordance to the initial Enforcement Order
has germinated, however with each rainfall more of the slope
erodes into the adjacent wetland. Even the functioning silt
fence and haybales cannot stop the down migration of silt/clay
particles .
8) The Conservation Commission' s duty is to enforce the Wetlands
Protection Act, and cannot therefore allow the siltation of
this wetland to continue. The Commission believes that
wetlands were destroyed when the fill was dumped in January,
however there being no plan showing a wetland limit line prior
to fill this cannot be proved without great expense to Mr.
Colpitts . The Commission would like the slope cut back to 3
ft. horizontal to 1 ft. vertical or 33% . This would hopefully
stabilize the slope and protect the wetlands from further
siltation.
Order
In order to insure compliance to the Wetlands Protection Act and
independently the City of Salem Wetlands Bylaw the Commission is
requiring the following:
1 . Haybales and siltation fences shall remain as is to
delineate the toe of slope at the time of this Order. If
they fail to deter erosion or siltation new haybales and
silt fence shall be placed up slope of the current
haybales .
2 . As much fill as necessary to achieve a 33% slope starting-
at the current toe of slope as shown on the survey:
Salem, MA plan of Land prepared for David Colpitts , Reid
Land Surveyors April 25, 1991, and as delineated in the
field by the haybales and silt fence, shall be removed
from the site. The fill shall not be disposed of
elsewhere in Salem.
3. Written notice shall be given to the Commission as to the
location to which the fill is being moved. Written
consent of the property owner shall also be submitted to
the Commiss
ion.
4 . Removal of such fill shall commence two weeks from the
issuance of this Enforcement and Restoration Order.
5 . Fill removal shall not cause erosion, sedimentation or
further encroachment into the wetland area. Haybales and
silt fence shall remain in functioning order until all
areas are stabilized.
6 . Enough fill to achieve a 33% slope shall be removed by
August 30 , 1991 .
7 . A topographic survey of the property, showing the site
after fill removal shall be submitted to the Commission
before September 15, 1991 . The Commission may then
confirm whether the grades are in compliance to this
Order.
a . A plan for stabilization of the area shall also be
submitted to the Commission before September 15, 1991 .
This plan shall include the species and method of
installation, used as a means of establishing a permanent
vegetative cover over the entire slope and any areas of
exposed soil between the slope and the road. An
application of loam will probably be necessary to achieve
the result the Commission desires .
9 . Any clay and silt particles which have penetrated the
haybales and silt fence, shall be removed from the
wetland area, by hand. No machinery shall be allowed
below the haybales and silt fence.
10 . By October 15, 1991 the slope shall be 33% or shallower,
the permanent vegetative cover shall be established, and
all silt and clay particles on the wetland side of the
siltation barrier shall be removed.
11. Following satisfactory and timely compliance to this
Enforcement Order, the Commission will issue Mr. Colpitts
a Certificate of Compliance.
cc: William Luster, City Planner
Beth Debski, Planning Board
Robert E. Blenkhorn, Health Agent
Kevin T. Daly, City Solicitor
Leonard F. Femino, Assistant City Solicitor
Stanton Bigelow, Department of Public Services
William Munroe,- Building Inspector
Ralph Kardon, Massachusetts D.E.P.
ibm/esd/concom
a
NOTICE OF4 INTENT
12 CLARK AVENUE, SALEM, MA.
ASSESSOR' S MAP 2 LOT 41
D.E.P. FILE NO.
r
NOTICE OF INPFNP FEE TRANSMrrIAL FORM
• DEPAR2ENT OF ESIV12•ZENTAL PRDTECIION
DIVISICN OF WETTANDS AND WATEF&WS
NOTICE OF INITNT (NOI) APPLICANT: PROPERTY. CRIM:
Name Ms . Julia Armstrong Name Gam
Street 12 Pratt Street street
City/Town Salem City/Town
State Ma. Zip Cade 01970 State Zip Code
phi Number 508-745-2248
Project Location: Street/Lot Number Clark Avenue PYGca -- s MAn 2, Lot 41
City/Town Salem Ma.
DEP FII,E NLEBM (if available)
NOI FIL—MC FF3r si DISPUTED FEE
• Total NOI Filing Fee: $ 250. 00 Total Disputed Fee: $
(as determined in Notice of
State Share of Filing Fee: $ 112 . 50 Insufficient Fee letter from
(1/2 of fee in excess of $25.00) conservation
City/Town Share of state Share of Fee: $
Filing Fee: $ 1.37. 50 (1/2 of total disputed fee)
City/Town Share of Fee: $
(1/2 of total disputed fee)
INSTAUCPIONS
1. Send this Fee Transmittal form with a check or money order, payable to
the Commonwealth of Massachusetts, to the DEP Lock Box at:
Department of awir=m ental Protection
Box 4062
Boston, MA 02211
2. Attach a cony of this form to the Notice of Intent submitted to the
local Conservation ;«ion.
3. Attach a ccvv of this form and a ccry of the DEP check to each of the
• Notice of Intent forms submitted to the DEP regional office.
11/10/89
11PL`�� ^��\o�\�I j P2i � 'a�� t )�\ C �1� ,r:• ��-'ti' 1�� �(, r �C/ C y
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i �� I '� ui i L � 0010 �� \�� �'Cs J� e / s�L� �:♦ �0�1�:
� ( II l't` 0�^ Bu�� III. `� �° .;'\�I "PL2 � � � \�L/ G 0 ��� j;'v ♦ ���.,<o _ '"
V Co Y i
9
P O` • ��' 1 100 O � � �� �1
�� • �, -10 2 o� �
;Memorial
o t
T
V
� K �
C ro
' 3
o ao
Cuff
C BlaneY Bock Bea 0
1 or
SCALE 1:25 000
7 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7" FEET
1 5 0 1 KILOMETER
CONTOUR INTERVAL 10 FEET
DATUM ISMEAN SEA LEVEL
NOTICE OF INTENT
MASS " LYNN, MASS. CLARK AVENUE
N42225—W7052.5/75 SALEM MA.
G 1970
QUADRANGLE LOCATION
AMS 6868 IV NW—SERIES V814 ASSESSOR'S MAP 2
LOT 41
REID LAND SURVEYORS
Land QUADRANGLE LOCATION AND NAME 36565 SurveVos Chatham e S Shre Engineers
et . Lynn. MA 01902
310 CMR 10 99
Form 3 OEP R.No.
-F R.
Commonwealth " (To be wavoea w 0EP1
= of Massachusetts - } Co Town
Aoogcant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part 1:General information
12 CLARK AVENUE SALEM MA.
1. Location: Street Address _
Lot Numoer ASSESSQR_'S MAP 2 , LOT 41
2. Prolect: Type CATEGORY 2 Description REMEDIAL WORK TO CORRECT AN EROSION'
PROBLEM ON A FILL. SLOPE WITHIN THE BUFFER ZONE AND RELATED
WORK ASSOCIATED WITH THE CONSTRUCTION OF A PRODOSEn RF_ST_DPNTT_AL
AND LANDSCAPING AT THE _REFERENCED LOCATION.
•
3. Registry! County SO.ESSEX - -- --Current Book NA &Page NA
_ _ _# 59887 M
Certificate(If Registered Landl
MS . JULIA ARMSTRONG Tel. 50R- 5-9248
4. Applicant _.--- -. 74-._
1d2 PRATT STREET, SALEM, MA. 01970
Address
TeL
5. Property Owner SAME _
Address
6. Representative SAME
Tel.
Address
7. a. Have the Conservation Commission and the Departments Regional Office eacn been sent, by certified
mail or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes -�X No
b. Has the fee been submitted?Ciry[ 2 250'.00
• No
C. Total Fling Fee Submitted $
d. CiTown Share of F 137 . 50
Filing Fee State Share of Filing Fee $112 . 50
(1/2 of tee in excess of S25, sent to OEP)
(sent to CirylTown)
e. Is a brief statement attached indicating how the applicant calculated the fee? x Yes No
New single family house including site' preparation
taken as Category 2 work. _
Effective 111/0/89
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION ,
• 8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes = No X
Obtained: Applied For: Not Applied For:
Local filing with City of Special Permit from
Salem under City Ordinance Planning Board for work
34-4. to be 2erformed within
Buffer Zone of Wetlands
Same filing as with Cons . and Flood Hazard 'District
Comm,
- Zoning Ordinance Sec.
7-16.
9. Is any portion of the site'subject to a Wetlands Restriction Order pursuant to G.L. c. 131 , §40A or G.L.
c. 130. §1057 Yes ❑ No
10. List ail plans and supporting documents submitted with this Notice of Intent.
Identifying
Numoer/Letter Title.Date
tice of Intent Plan
s Prepared for
Reid Land Surveyors, .Dated May 15, 199Z-
•
11.Check those resource areas within which work is proposed:
(a)Z ButierZone
(b)Inland:
Bank Land Subject to Flooding,
Bordering Vegetated Welland' = Baraenng
Land Under Water Body&Waterway' _ Isolated
(c)Coastal:
Land Under the Ocean" _ Designated Port Area'
Coastal Beach' Coastal Dune
Barrier Beach = Coastal Bank
_ Rocky Intertidal Shore' Sall Marsh'
Land Under Salt Pond' _ Land Containing Shellfish'
• = Fish Run'
Likely to involve U.S. Army Corps of Engineers concurrent junsdiction.See General Instructions for
Completing Notice of Intent.
11/10/89 310 CMR - 280.28
3to CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
• 10.99: continued _
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map(if any) of rare, "state-listed"vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES - [ ] NO [X ] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any) October 1987 va 1 ; Ha tael 1 001
If yes. have you completed an Appendix A and a Notice of Intent and filed them. along with
supporting documentation with the Natural Heritage and Endangered Species Program by
Aeertified mail or hand delivery.so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
t
•
11/10/59 310 CMR - 280.29
9I0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Part it:Slie Description
Indicate which of the following information has been provided (on a plan.in narrative description or calcula-
tions)to clearly, completely and accurately describe existing site conditions.
Identifying
NumbenLetter
(of plan, narrative -
or calculations)
Natural Features:
Soils
Vegetation
1 Topography
Open water bodies(including ponds and lakes)
Flowing water bodies(including streams and ravers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
1 Boundaries of resource areas checked under Part 1,item 11 above
Other
Man-made Features:
Structures(such as buildings, piers, towers and headwalls(
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts),dams and dikes
Subsurface sewage disposal systems
Underground utilities t
Roadways and parking areas
1 Property boundaries, easements and rights-of-way
Other
Part Ill:Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or calcula-
tions)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 11 above.
Identifying
NumberrLetter
(of plan, narrative
or calculations)
Planv,-w and Cross Section of:
1 Struc:--res(such as buildings. piers, towers and headwalls)
1 Drainage and flood control facilities.including culverts and open channels(with inverts),
dams and dikes
Subsurface sewage disposal systems&underground utilities
1 Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas. where required in accordance with Part III,Section 10:57
(41 of the regulations
Wildlife habitat restoration or replication areas
Other
Paint Source Discharge
• Description of characteristics of discharge from point source(both closed and open
channel), when point of discharge falls within resource area checked under Part 1,item
11 above,as supported by standard engineering calculations. data and plans,including
but not limited to the following:
t t/10/99 310 CMR -290.30
310 CMR: DEPARTMENT OF ENVIltONMENTAL PROTECTION
• 1. Delineation of the drainage area contributing to the point of discharge
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge. for at least the
10-year and 100-year frequency storm:
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1. item
11 above:
4. Estimated water quality characteristics of pre-and post-development-run-off at the point of discharge.
Part IV:Mitigating Measures
1. Clearly.completely and accurately describe.with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part 11 or Part III of the regulations:or
(b( why the presumptions set forth under each resource area specified in Part 11 or Part III of the regula-
tions do not apply.
Coastal Resource Area Type: I laentawng numoer or letter
Inland at support documents
{
Coastal Resource Area Type: loenutymg number ar letter
Inland
01 Sup00r1 documents
I
I
i
I I/10/80 31a CMR -280.31
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTEICTION
• 10.99: continued
coastal Resource Area Type: I laennyng rr moer or letter
lrwnd I4 of su000n dccuments
2. Clearly. completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Part I,Section 10.02(1)(a) of these regulations:or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the
performance standards established for the adjacent resource areaspecified in Part II or
Part III of these regulations.
Coastal Resource Area Type Bordered By 100-Foot Discretionary Zone: loenafytrtg numoer or loner ..
,. .,. m support cocuments
Intend
1.Existing siltation fence and hay bales are to
be maintained until vegetation has been est-
ablished.
2. Intercepting swale to -be constructed at top o'
slope to intercept runoff and direct it to a
riprap stilling basin at the bottom of the sl pe.
Runoff will pass through a catch basin with a
sump to collect sediment.
3. Existing slope to be cutback to 2 :1 and loam d
and seeded. A revegetation mat is to be installed
to permit grass slope to become established.
11/10/89 310 CMR - 280.32
i
310 CMR: DEPARTMENT OF ENVIRONMENTAL PRO'1'EC ION -
• Pert V:Additional Information for a Department of the Army Permit
1, COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives li.e..•other locations andlor construction methods. particularly those -
that would eliminate the discharge of dredged or fill matenal into waters or wetlands).
S. 8 t.4" x 11. drawings in planview and cross-section, showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
{ t
-Certification is required from the Division of Water Pollution Control before the Federal permit can be
.•. issued.Certification maybe obtained by contacting the Division of Water Pollution Control,I Winter Street,
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent with the approved program.
_ Information provided will be used in evaluating the application for a'ermit and is made a matter of public
record through issuance of a public notice.Disclosure ofthis information isvoluntary,however,it necessary
information is not provided.the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans documents and supporting data are true and complete,to the best of my knowledge.
I azure of Applicant Date
Signature of Acolicant's Representative Date
FORM "Furor,.. to ENG Farm 4345 eddy ovd by NGUSACE. B ti.y i982-
NED 100 (TEST)
'Thu Document cemun. • l.m, Gep.nmeu of the Army and >tur at Muueb.vw epphe&upn
) MAY 82
for . pumu a ae,ua pomuuae to parlprm &euoun ,a Unn.d St.,.. .&sere. Tye GfLn
• of M&n&prmut cad $.do., IGAIai No. &ppr...A th... ew&uan. r".,rrd by the U9 Army Carp&
Ebpn..to. OMB Npmb.r 0702.0036 end nptrump L,. a! 30 September 1983 "01"' Thu
......... .,11 be .n m 6 p&t&, qp.
t 1/10/89 310 CMR - 280.33
i�i� t cE cr SN,GLI'T (LOT I161 HAP3)
JOB CLAr�✓. CaJzj `JFlI.I�M
O'NEILL & ASSOCIATES SHEET NO. I OF
Engineers & Land Surveyors 365 Chatham Street CALCULATED BY r { o DATE Z�
LYNN, MASSACHUSETTS 01902 CHECKED BY DATE
(617) 592.4660
SCALE
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ROdN:R ILA;IM.Y"MOM1NW 04If.ta O'G'RgNELOLLFPEE LC4L38W
RICHARD L. VITALI
Attorney at Law
60 ANDREW STREET
LYNN, MASSACHUSETTS 01901
(617) 599-6480
Fax (617) 599-7955
April 15, 1992
William E. Luster, City_ Planner
Planning Department
One Salem Green
Salem, MA 01970
RE: COLPITTS/CLARK AVENUE
Dear Mr. Luster:
Following up on our previous meeting, please find a report
from McPhail Associates, geotechnical engineers, addressing
those matters of concern. Would you kindly review this report.
Thank you.
Very truly yours,
ICHARD �. V� LI, ESQUIRE
/keg
Enclosure
PC: Assistant City Solicitor Femino
Mr. and Mrs. Colpitts
ASSOCIATES,INC.
March 24, 1992
Geotechnical Engineers
Mr. .David Colpitts
P.O. Box 8123
Lynn, MA 01904
Attention: Mr. David Colpitts
Reference: Clark Avenue; Salem, Massachusetts
Stability of Existing Slope
Gentlemen:
In accordance with your recent request, we have completed our assessment of
the existing slope located along the south side of vacant lots numbers 40
and 41 situated on the south side of Clark Avenue in Salem, Massachusetts.
The purpose of this letter is to address concerns raised by the City of
Salem regarding surficial erosion and overall stability of the slope con-
structed at the above referenced lots. The area adjacent to the toe of the
slope is understood to be designated as a wetland.
It is understood from our discussions with Mr. David Colpitts that the slope
was constructed during the period of May 1988 through September 1990 and
consists of blast rock fill overlain by glacial till imported from Deer
Island. Information provided by Mr. David Colpitts included an existing
conditions plan entitled "Plan of Land Prepared for David Colpitts" by Reid
Land Surveyors and dated April 23, 1991, and a typical cross section through
lot number 40, also prepared by Reid Land Surveyors.
The existing condition plan indicates that the slope ranges in height from
18 to 24 feet, and varies in pitch from a minimum of 2.2 horizontal to 1
vertical, to a maximum of 1.45 horizontal to 1 vertical. The typical cross
section indicates the stages of slope construction. Firstly, blast rock
fill was placed over the original ground up to a maximum thickness of about
16 feet. The blast rock fill was then overlain by glacial till varying in
thickness up to a maximum of about 12 feet.
SITE OBSERVATIONS
A visual inspection of the slope was performed on March 5, 1992 by an
engineer from our office in the presence of Mr. David Colpitts. Our obser-
vations indicated that the surface of the slope consists, in general, of
glacial till, although locally portions of the slope are covered with loam.
'.7 Notlo!k Sliwl
C Alessachusells 02130
dl' ciJ1.20
61' 959-IJ23 IF3�')
�1
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Page 2
Geotechnical Engineers
According to Mr. David Colpitts, the slope was seeded in the fall of 1991.
Grass has since started to grow over much of the slope.
Based upon our evaluation of the glacial till material from Deer Island
performed during August 1990, it is considered to be a well-graded mixture
of silt, sand and gravel. In regard to the potential re-use of the glacial
till, it is an excellent material for structural or ordinary fill when
placed and compacted under properly controlled conditions consisting of dry,
non-freezing weather. The glacial till is also considered suitable for use
in construction of slopes, however, it does contain a high percentage of
silt (about 35 to 40 percent fines) , and hence, is considered to be sensi-
tive to surficial erosion.
Visual observation of the slope indicates the presence of localized evidence
of surface erosion consisting of drainage gullies in the face of the slope.
The drainage gullies were reportedly caused by storm water run-off locally
cresting over the top of the slope and draining down the slope. To prevent
further erosion, a berm has been placed along much of the top of the slope
and the storm water run-off diverted to the west end of the site. In
addition, surface erosion of the slope is also considered to have occurred
as the result of precipitation washing out silt/fines from the glacial till
material.
Finally, we also observed a number of existing trees at various locations
along the slope. The trees pre-dated fill placement for slope construction
and hence, fill material has been placed around the bases of the trees. In
addition, a number of rocks were observed protruding from the face of the
slope.
CONCLUSIONS
It is our opinion, based upon our on-site observations that the slope is in
reasonably good condition with only localized evidence of surface erosion
consisting of drainage gullies in the face of the slope. Based upon the
method of construction of the slope as indicated in the above referenced
cross section, the groundwater level is anticipated to be perched on the
surface on the underlying natural soil, and hence, is not considered a
threat to the stability of the slope. With regard to the trees in the
slope, it is considered that future degradation of the trees may result in
damage to the slope.
In conclusion, based upon our past experience with slopes of similar geomet-
ry constructed of glacial till, this slope is considered to be in an overall
Mr. David Colpitts
ASSCCIATES,INC. March 24, 1992
Page 3
Geotechnical Engineers
stable condition, however, some minor regrading should be performed and
surficial erosion protection provided to maintain the slope in a stable
condition.
RECOMMENDATIONS
Based upon our on-site observations and our review of the documents prepared
by Reid Land Surveyors, we recommend the following measures for providing
and maintaining a stable slope.
1. The slope should be graded to a maximum pitch of 1.5 horizontal to 1
vertical.
2. To prevent drainage gullies and hence, surface erosion in the face of
the slope, it is recommended that final site grading include a contin-
uous swale along the top of the slope to divert surface run-off away
from the slope.
3. Given that the slope is constructed of glacial till, it is recommended
that the surface of the slope be provided with a protective covering
of grass as soon as possible. Bydroseed may be the best method of
protection against surface erosion.
4. With regard to the trees in the slope, it is recommended that they be
cut down to prevent future damage to the slope. The root balls of the
trees should be allowed to remain.
S. Finally, with regard to the rocks protruding from the face of the
slope, it is recommended that the slope be regraded around the rocks
to maintain 'a maximum pitch of 1.5 horizontal to 1 vertical.
We trust that the above is sufficient for your present requirements . Should
you have any questions, please contact us.
Very truly yours,
McPBAIL ASSOCIATES, INC.
Ambrose J. Donovan, P.E.
AJD/jrm 2438
ON
6�
Conservation Comte
Salt Mussuchusells 01970
Ciss
Julie Armstrong July 15, 1992
12 Clark Avenue
Salem, MA 01970
Paul Claveau
10 Clark Avenue
Salem, MA 01970
RE: DRAINAGE AGREEMENT BETWEEN CLAVEAO AND ARMSTRONG
Dear Ms . Armstrong and Mr . Claveau:
After further consideration of the proposal of Paul Claveau
setforth in the plan entitled Notice of Intent Prepared For Paul
Claveau, dated March 19, 1992 and filed with the Salem Conservation
Commission for an Order of conditions and the proposal of Julie
Armstrong setforth in the plan entitled Notice of Intent Prepared
For Julie Armstrong, dated May 15, 1992 and filed with the Salem
Conservation Commission for an Order of Conditions, the Commission
requests that the agreement to install and maintain a drainage
system between the above parties be memorialized in writing and
recorded. In so doing, the potential for conflict over the
maintenance and rights of the drainage system between future owners
will be lessened thereby providing greater protection against
further destruction of the properties and bordering wetland.
The mutual agreement should be in recordable form stating that
both parties, Julie Armstrong, 12 Clark Avenue and Paul Claveau, 10
Clark Avenue, agree to install and maintain the drainage system, a
Swale, roughly 102 ' across Julie Armstrongs ' property running
closely to the 138 contour line which connects into a 90 ' swale on
Paul Claveaus ' property into a flat top catch basin with a 30" base
section and a 24" riser section. A 12" high density polyethylene
pipe drainage systems into a 1.2" thick blanket of riprap and berm
at the pipe end, and cite the titles and dates of the documentation :
filed with the Notice of Intent . The agreement should also include ; a?c
that this agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of both parties. The
agreement should be filed in the Registry .of Deeds with a copy of
same provided to the Commission. l
Your cooperation !nthis matter is _: much appreciated. .
Sincerely, »\�\
6Aa: F. Arms ?
Vice Chairman \\
2\exkAI mc.mRE ag, z;(
� �\
�
August 24 , 1992
To whom this may concern ,
On August 31 , 1992 excavation work will begin on the
properties of Mr . Ron Mento & Ms . Juli Armstrong of 12 Clarke Av .
and Mr . Paul Cleaveau of Clarke Av . to correct a slope to provide
proper drainage for these properties .
Ron Mento
Juli Armstrong
' O'Neill & Associates • Civil Engineering
Civil Engineers and Land Surveyors • Roads, Sewers, Grading and Utilities
365 Chatham Street • Septic System Designs
Lynn, MA 01902
(617) 592-4660 �® • Site Engineering
• Surveying
SEP �$ 1992
September 28, 1992
Salem Conservation Commission
1 Salem Green
Salem, MA. 01970
RE: DEP File NO. 64-204
12 Clark Ave. , Salem
Dear Member:
Please be advised that the proposed- remedial work to correct
an erosion problem at the referenced location has been completed
all in. accordance with the requirements of the Order of
Conditions and the Notice of Intent Plan Prepared for Julie
Armstrong, dated 5-15-92. On behalf of Julie Armstrong I am
requesting that a Certificate of Compliance be issued for the
project.
If you have any questions please do not hesitate to call .
Very truly yours,
Micha 1 O'Neil P. E.
cc: Julie Armstrong
CITY OF SALEM �
CLERK OF THE WORKS
DAILY REPORT
,fi C z
Dr:TE
CON MAC
LOCATICN
CCNT CTOR
% EATHER >�C{ l TEMPERATURE
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/ Signature
CITY OF SALEM 2
CLERK OF THE WORKS
DAILY REPORT
DATE e
CGNTRACT
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WEATHER �� � I. ,t`h �� TEMPERATURE �p
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Signature