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64-499 - 25,30,40 COLONIAL ROAD - CONSERVATION COMMISSION Uni o�� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A Request for Certificate of Compliance 64-499 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Univar USA Inc c/o Jack Spicuzza and Michael Amenta computer, use Name only the tab key to move 1 Colonial Road your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 978 741-4645 Q Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: "�" Michael Amenta, Univar USA Inc. Applicant 09/13/2010 64-499 Dated DEP File Number Upon completion 1 p of the work 3. The project site is located at: authorized in 25/30/40 Colonial Road Salem, MA an Order of Street Address City/Town Conditions the the property ow Map 24 Lots 0117 0118 0119 (respectively) must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance from the issuing Univar USA Inc. authority stating Property Owner(if different) that the work or Essex 29766 282 portion of the work has been County Book Page satisfactorily N/A completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. Pa wP afoimaa.tloc••rev,]I13/04 Page of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance 64-499 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http:/Ayww.mass.gov/dep/about/region/findvour.htm wpafoanftdoc••rev.7/13104 Page 2 of 2 Environmental Resources i Management i One Beacon Street,6th Floor Boston,MA 02108 (617)646-7800 4 j (617)267-6447(fax) � II http://w .erm.com 19 May 2014 Reference: 0225315 i t 14. ko Salem Conservation Commission City Hall Annex ERM 120 Washington Street, 3rd Floor Salem, MA 01970 4 RE: Request for Certificate of Compliance Univar USA Building Demolition 25/30/40 Colonial Ave,Salem MA 01970 DEP File No. 64-499 Dear Commission Members: On behalf of Univar USA, Environmental Resources Management,in accordance with Condition#12 in the Order of Conditions (OOC) referenced to MassDEP File #64-499, is respectfully submitting this j Request for Certificate of Compliance (COC) for the demolition of the former Building E at 25/30/40 Colonial Ave in Salem,MA (Figure 1). 1 A brief history of this project is provided below: I y • A Notice of Intent(NOI) was submitted for this demolition project 1 e in July 2010, with a resulting OOC issued to Univar in September 2010. • In November 2010, and as required in the OOC, perimeter erosion and sedimentation controls were installed along the facility fenceline while protection was also installed at nearby catch basins located in the large paved areas surrounding the demolition site. ` Following inspection of the erosion and sedimentation controls by i Mr. Tom Devine, the Salem Conservation Commission Agent, demolition of Building E commenced in December 2010. k • Demolition was completed and final site paving was initiated in ENovember 2011 and the project was completed in December 2011. • Due to The Permit Extension Act of 2012, the OOC issued in September 2010 has a current expiration date of September 2017. s i r _ _v _ J 19 May 2014 Environmental Page 2 Resources Management Univar and subcontractor personnel who prepared the Notice of Intent are no longer available; therefore, an ERM scientist visited the demolition site on 15 April 2014 to observe existing conditions and provide a general comparison of the existing conditions and proposed conditions as documented in the NOI and the OOC. ERM also reviewed photographs taken during the construction phase of the demolition project, and conducted a file review at the Salem Conservation Commission to review the final NOI, OOC, and project notes included in the project file. While ERM was not present during any portion of the project demolition period, the site reconnaissance in 2014 revealed that aboveground site conditions appear to be in general compliance with the conditions approved in the OOC. Observations were limited to aboveground areas where the former Building E was located and where the area of paving was obvious due to a noticeable difference in color and condition of the new paving that occurred following the completion of demolition. The area remains an open paved area with no observed active construction and the erosion and sedimentation controls observed in site photographs from the active demolition phase have been removed. A photographic log is provided as an attachment to this request to document the construction phase and current conditions in the project area. In addition to Form 8A, ERM respectfully submits the attached partially completed WPA Form 8B for your convenience and use should the Commission grant a Certificate of Compliance for this project. Please do not hesitate to contact me at 617-646-7834 if you have any questions regarding this submittal. Sincerely, Environmental Resources Management Christina Hoffman,CPESC Senior Wetland Scientist Cc: Jack Spicuzza, Univar Michael Amenta, Univar 19 May 2014 Environmental Page Resources Management Enc: WPA Form 8A- Request for Certificate of Compliance WPA Form 8B -Certificate of Compliance Figure 1 - Site Locus Figure 2- As-Built Site Plan Photographic log i as fi $R n« � EMI #•yfi�� }#9y o-� � # A� � � .� A R jpw aP ♦�W y g ; f T h � � �4yr fi E j. uMf k r.('. #. Q 0 250 500 1,000 ®Feet Figure 1: Location Map Univar USA 25/30/40 Colonial Road d Salem,MA . SOURCE USGS scanned topographic quad maps 21 April 2014 r 3 provided by National Geographic Society(©2014). ERM I �T t Photograph: 1 Building prior to demolition. 29 November 2010. it- ;tom s. Photograph: 2 Building prior to demolition. 29 November 2010. *- Fr �t " Univar Salem 1. . :Ta 25/30/40 Colonial Road, Salem,Massachusetts ERM ERM Project Number 0225315 , v Photograph: 3 Building prior to demolition. Note silt fencing and staked bales in place. 29 November 2010. 3 f t . w r.v Y Photograph: 4 Catch basins protected—pre-demolition. 29 November 2010. Univar Salem 25/30/40 Colonial Road, Salem, Massachusetts ERM ERM Project Number 0225315 }} _ I . Photograph: 5 Building demolition underway. Silt fencing and staked bales in place. 15 December 2010. s ♦i A Photograph: 6 Building demolition underway. 16 December 2010. Univar Salem 25/30/40 Colonial Road, Salem,Massachusetts ERM ERM Project Number 0225315 .K LLLi�L ate' Nt- y� r 0•� Pi A �� 'i- " '""`.t. �","''_:��ypir,- .. •w Aas� i�l'V;'C'T'S'1 a _ n ;r • '� �� of ..... M Photograph: 9 Site paving after building demolition. Silt fencing and staked bales in lace. 22 November 2011. r . ;Y Photograph: 10 Site paving after building demolition. 22 November 2011. '1 Univar Salem 25/30/40 Colonial Road, Salem,Massachusetts ERM ERM Project Number 0225315 ti++ fr } �Z. tt fX o-. i 1 1 Photograph: 11 Former building area, facing northeast. Limit of new paving apparent compared to older pavement with cracks. 15 April 2014. r �ry Ayyjp e +�E3. a y Photograph: 12 Current conditions. 15 April 2014 Univar Salem '„ 25/30/40 Colonial Road, Salem,Massachusetts E"RM ERM Project Number 0225315 4. CITY OF SALEM CONSERVATION COMMISSION June 17, 2014 Jack Spicuzza and Michael Amenta Univar USA Inc. 1 Colonial Road Salem, MA 01970 Re: Certificate of Compliance DEP #64-499— 25/30/40 Colonial Road Dear Mr. Spicuzza and Mr. Amenta: Enclosed, please find the Certificate of Compliance for the above referenced property. This Document must be recorded at the Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tin evine Conservation Agent/Staff Planner Enclosure CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-499 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 Univar USA Inc. c/o Jack Spicuzza and Michael Amenta only the tab key Name to move your 1 Colonial Road cursor-do not use the return Mailing Address key. Salem MA 01970 City/Tom Stale Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Michael Amenta, Univar USA Inc. rt01" Name 9/13/2010 64-499 Dated DEP File Number 3. The project site is located at: 25/30/40 Colonial Road Salem, MA Street Address City/Town Map 24 Lots Assessors Map/Plat Number 01 17,0118 0119(respectiyely) the final Order of Condition was recorded at the Registry of Deeds for: Univar USA Inc. Property Owner(if different) Essex 29786 282 County Book Page N/A Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date wpafml do,•rev.1M3M WPA Form aB,Certificate of Compliance•Page 1 of 3 A L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-499 I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: / Salem Conservation Commission Conservation Commission -6a7e of s9flance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional 07r.,e(see httl),//www.mass.gov/dep/abouVregion/findyour.htm). Signatures: It, epafnn0b.doc•rev.12/23109 WPA Form Be,Certifoafe of Compliance•Page 2 of 3 i ; Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-499 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:--------------------- - ------------ ------------------------------------------- Salem Conservation Commission Conservation Commission Please be advised that the Certificate of Compliance for the project at: 25/30/40 Colonial Road, Salem, MA 64-499 Protect Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Univar USA Inc. 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 wpafrm81a.doc-rev 12/23I09 WPA Form 88,Certificate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64-499 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM Cityrrown A. General Information Important: Salem When filling out forms t.From: Conservation Commission on the z. This issuance is for computer, (check one): a.®Order of Conditions b.ElAmended Order of Conditions use only the tab key to 3.To: Applicant move your cursor-do •Michael Amenta not use the a.Fiat Name b.Last Name return key. Univar, USA c.Organization VQ P.O Box 730 d.Mailing Address Salem Massachusetts 01970 e.Cityrrown I.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Organization d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 25, 30,40 Colonial Road Salem a.Street Address b.Cityfrown Map 24 Lots 0117, 0118 0119 (respectively) c Assessors Map/Plat Number d.ParceVLot Number Latitude and Longitude, if known: 70d54m6.4lWs 42d30m35.44Ns d.Latitude e.Longitude wryafonrd doc• rev.1=308 Page 1 W 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64499 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# SALEM Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): a.County b.Certificate Number(if registered land) c. Book d.Page 7. Dates:. a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance B. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Plan, Colonial Road, Salem, Mass a. Plan Title Innovative Engineering Solutions, Inc. Jack L. Wattu b.Prepared By c.Signed and Stamped by June 7, 2010 1"=60' d.Final Revision Date e.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 c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries t. ® Protection of Wildlife 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. wpafannS dx• rev.1=309 Page 2 0112 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands a64-499 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM C 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 Acts interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it Is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project a.linear feet disturbance and Bank or Bordering Vegetated Wetland boundary(if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c.linear feet d.linear feet 5. ❑ 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 feet c.square feet d.square feet Waterways e.ay dredged f.ay 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 s. ❑ Isolated Land Subject to Flooding a.square feet b square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet xpa1urm5.dac• rev.1=309 Pepe 3 0111 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-499 # WPA Form 5 — Order of Conditions MassDEP Fite \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/Town B. Findings (cunt.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement g. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq It between 100- 200 ft g.square feet h.square feet t.square feet J.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cry dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a,square feet b.square feet c. nourishment d.nourishment ta. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks 'a. lineaffeet linear-feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. El Salt Marshes a.square feet b.square feet c.square feet d.square feet is, ❑ Land Under Salt Ponds a.square feet b.square feet c.uy dredged d.dy 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.vY dredged b.ctY dredged 21. ❑ Land Subject to Coastal Storm a.square feet b,square feet Flowage wpararm5, o • rev.1323m Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64499 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTrann on# SALEM Cityrrown B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of n1/VN b.square feet of salt marsh 23. ❑ Stream Crossing(s): a.number of new steam crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects. 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. 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 Sept 9,2013 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, Gres, 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. w9akrrn5'd=- T.12rrJM Pape 5 d 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64499 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 0 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#64499 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 Forth 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#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 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. wpafam6.Gx• rer.12r23NB Papa 6 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64499 LL7 WPA Form 5 — Order of Conditions MassDEP File# \ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-TransactionS 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; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. 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. wpeformS. a • rev.12/23M Pape 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-499 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.) 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 O&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. 0 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. wyaformsd=• rev.12rr4% - Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64499 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.) 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 O&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): w aform5.00c• rev.12r23M Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64499 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM Cilylrown 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 unfit 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: 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): •paf0nn6.d=•rev.1=3009 - Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64-499 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM CityfTown E. Signatures This Order is valid for three years,unless otherwise specified as a special Sept. 9, 2010 condition pursuant to General Conditions 04.from the date of issuance. 1. Date of Issuance Please indicate the number of members who will sign this form. 5 J ust be by a majority of the Conservation Commission. 2.Number of Signers ust mai by certified mail(retum receipt requested)or hand delivered to the applicant.A ust mai or hand delivered at the same time to the appropriate Department of al n Regional Office,if not filing electronically,and the property owner,if different nt r, F ❑ by hand delivery on ❑ by certified mail, return receipt requested, on Data -- - ---.. --__ 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 Dose 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. dw- w 1=309 Pape 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection -Wetlands #64-499 WPA Form 5 - Order of Conditions MassDEP Fife# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# SALEM City/town G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Salem Conservation Commission - - -- Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ..................... ............................................................................ ......... To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at 25, 30, and 40 Colonial Road #64-499 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of. Essex - -- - 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: _. Dale 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 wpafarm5.doc• rev.122309 Page 12 of 12 d l4 N Attachment to Order of Conditions # 64499 A � Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-499 25,30, 40 Colonial Road (Univar) City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage& Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the demolition of Building E at 25, 30, and 40 Colonial Road (Univar, former Hamblett and Hayes property). Following demolition and legal disposal of the demolished material,the former building footprint can paved. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 5 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 Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing on site,a DEP Sign showing DEP File#64-499 must be installed at the entrance to the site and seen from the public way,but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Order of Conditions # 64-499 Page 2of 5 Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L.Ch.21 A 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. O 4 Design Re for Construction in Fl Requirements q oodplams under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Find Approved Plans Site Plan, Colonial Road, Salem, MA(Figure 2, 3, &4) (ONO) June 7,2010 (Dated) John L. Wattu (Signed and Stamped by) City of Salem Conservation Commission (On file wbh) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of 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 Attachment to Order of Conditions # 64-499 T Page 3of 5 change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work,and the Conservation Agent and/or a member of the Conservation Commission to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Agent at (978)619-5685 at least forty-eight(48)hours prior to construction to arrange for the Pre- Construction Meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including Rees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be at least twenty(20)hay bales and wooden stakes stored under cover on the site to be used for emergency erosion control purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project;the Commission or its Agent may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated sift adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered t i�°'s Attachment to Order of Conditions # 64-499 1115 � Page 4of 5 through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. 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. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. 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 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions # 64-499 / Page 5of 5 (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under thejurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"inclu de,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 43. If any soil is excavated during demolition is to be removed offsite a LSP must be onsite to observe and test soils prior to offsite disposal. ov?017" ? ITY OF SALEM CONSERVATION COMMISSION June 1, 2011 Jack Wattu, P.E. Innovative Engineering Solutions, Inc. 97 Walnut Street P.O. Box 27 Clinton, Massachusetts 01510 Dear Mr. Wattu: This letter is to follow up on our recent discussion regarding the continuing work at the Univar site at 25, 30, and 40 Colonial Drive in Salem, Massachusetts. Building demolition and associated activities are permitted at this location by Order of Conditions #64-499. You have proposed to install a single utility pole in the location indicated on the 6/7/2010 site plan with undated markup. Although this was not specifically approved as part of the order of conditions, it amounts to a very small disturbance roughly within the area in which much more significant activity is permitted. Therefore, no further review by the Conservation Commission is required for this change. This notice does not exempt this activity from any other applicable permits and approvals. Thank you for updating me with the progress of your project. As always, continue to carefully monitor erosion and sediment controls to prevent impact on the resource area. And note that in the event that any excavated soils leave the site, the order requires a Licensed Site Professional to observe and test said material. Sincerely, 1. Tom Devine Conservation Agent/Staff Planner 4 NOTICE OF INTENT BUILDING DEMOLITION FORMER HAMBLET AND HAYES SITE 25/30/40 COLONIAL ROAD SALEM, MASSACHUSETTS SALEM CONSERVATION COMMISSION July 2010 Prepared For: i 17425 NE Union Hill Rd. Redmond, WA 98052 Prepared By: lit) Innovative Engineering Solutions, Inc. 25 Spring Street Walpole, Massachusetts 02081 (508) 668-0033 TABLE OF CONTENTS NOTICE OF INTENT(WPA FORM 3) NOI WETLAND FEE TRANSMITTAL FORM ATTACHMENT A: PROJECT NARRATIVE ATTACHMENT B: FIGURES ATTACHMENT C: DETERMINATION OF APPLICABILITY ATTACHMENT D: ABUTTERS NOTIFICATION NOTICE OF INTENT(WPA FORM 3) Massachusetts Department of Environmental Protection Provided byMassDEP " A. Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 UDocument Transaction Numbed Salem _ ,. Cityrrown Important:When filling out A. General Information 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 25/30/40 Colonial Road Salem 01970 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: 42d 30" 35" 70d 53" 55" d.Latitude — e. Longitude � 24 240117124_0118/24 0119 f.Assessors Map/Plat Number g.Parcel/Lot Number a 2. Applicant: Michael Amenta a. First Name b.Last Name Note: Unlyar, USA Before c.Organization completing this form consult Colonial Road (Mailing Address -P.O. Box 730) your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw (978)825-2444 Michael.Amenta@univarusa.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 a.First Name b.Last Name c.Organization d.Street Address e.City/Town I.State g.Zip Code h.Phone Number L Fax Number j.Email address 4. Representative(if any): Jack Wattu a.First Name b. Last Name Innovative Engineering Solutions, Inc. c.Company 97 Walnut Street, P.O. Box 27 d.Street Address Clinton MA 02081 e.City/Town f.State g.Zip Code (978)660-9089 (978)365-9378 jack.wattu@iesionline.com h.Phone Number i. Fax Number j.Email address 5. Total WPA Fee Paid (from N01 Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 11/16/09 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands -®MassDEP Fite Number WPA Form 3 — Notice of Intent Document Transaction Number; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ' A ' . .. city/Town A. General Information (continued) 6. General Project Description: The structure designated as Building E will be demolished. The roof, walls,floor and foundation walls (to a depth of approx. two feet below grade)will be removed. Plans for a replacement building are pending, therefore this NOI will only cover demolition activities. 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 a.County b.Certificate#(if registered land) NA NA 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. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any Resource Areas, please attach a narrative a. El Bank 1.linear feet 2.linear feet explaining now the resource b. ElBordering Vegetated area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 11/16/09 Page 2 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP R Bureau of Resource Protection - Wetlands .• ' 4MassDEP File Number . WPA Form 3 - Notice of Intent L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemTrensactionNumber R �4. Document Salem cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) 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. ElDesignated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt b. ❑ Land Under the Ocean page)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 ProvidedtyMassDEP yr Bureau of Resource Protection -Wetlands a MassDEP File Number ° WPA Form 3 — Notice of Intent r y Document Transaction Number; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem µ Cityfrown 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 htti)://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive b.Date of map Westborough, MA 01581 wpaform3.doc•rev. 11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands trOi -MassDEP File Number WPA Form 3 — Notice of Intent DocumentTransaobonNumbera Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 "Salem V cityrrown C. Other Applicable Standards and Requirements (cont'd) 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 CAL, and include requested materials with this Notice of Intent (NOI); OR complete Section CAA, 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 percentage/acreage (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 & buffer zone) (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 exemptions 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 Prdyided by MassDEP r:= Bureau of Resource Protection - Wetlands " ...MassDEP File Number :S WPA Form 3 - Notice of Intent Document Transaction Number 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. ® Not applicable—project is in inland resource area only b.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NO[ 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 ® 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 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)with all supplementary a. ❑ Yes ® 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 ® 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.® No. Check why the project is exempt: 1.❑ Single-family house wpaform3.doc•rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Prodded q MassDEP:b' Bureau of Resource Protection -Wetlands MassDEP File Number -21 WPA Form 3 — Notice of Intent ' Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 mSalem City/Tom 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. 0 List the titles and dates for all plans and other materials submitted with this NOI. a.Plan Title b.Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale 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 ,r 4 F` m Bureau of Resource Protection - Wetlands MassDEP File Number, 5 z WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem cityrrown 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 Form)to confirm fee payment: 15895 7/6/2010 2.Municipal Check Number 3.Check date 15896 7/6/2010 4.State Check Number 5.Check date Innovative Engineering Solutions, Inc. 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 applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 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. p 1: gna re of Apph t 2.Date T 3. gna re of y Owner ifffer t) 4.Date �Z0;Z 7171Z010 Signature of Representative(if any) 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 NOI WETLAND FEE TRANSMITTAL FORM 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: A. Applicant Information When filling out fortes on the 1. Applicant: computer,use only the tab key Michael Amenta to move your a.First Name b.Last Name cursor-do not use the return Univar USA, Inc. key. c.Organization VQ Colonial Road � d.Mailing Address Salem MA 01970 e.Citylrown f.State g.Zip Code " (978)825-2444 h. Phone Number i. Fax Number I.Email Address 2. Property Owner(if different): a.First Name b.Last Name c.Organization d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number i.Fax Number I.Email Address 3. Project Location: 25/30/40 Colonial Road Salem a.Street Address b.Cityrrown To calculate B. Fees filing fees,refer to the category The fee should be calculated using the following six-step fee list and 9 9 p process and worksheet. Please see examples in the Instructions before filling out worksheet. instructions for filling out WPA Forte 3(Notice of Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and 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. Wpaf0rm3.doc•Welland Fee Transmittal Form•rev.W1/08 Page 1 of 2 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 Category 2j 1 $500 $500 Step 5/Total Project Fee: $500 Step 6/Fee Payments: Total Project Fee: $500 a.Total Fee from Step 5 State share of filing Fee: $237.50 b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: c.1/2 T 0 1/2 Tolal 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.) Wpaform1doc•Welland Fee Transmittal Form•rev.2/21/08 Page 2 of 2 15895 !P# Innovative Engineering Solutions, Inc. *Overeign Bar& W Spring Street 5.7515.110 Walpole, Messchuaette 020a1 7/6/2010 PAY 8 TO THE @ ORDER OF City of Salem ) M $ }}262.50 TWO Hundred Sixty-Two and SO/SWlkkkkkkfk!}!}kkkkklkkikRiRRRkk}RRR}}k!!#}RkllkitlRkiRRRkkRiii}RRk!!k#fkikRiikiRk! DOLLARS Salem Conservation Commission 8 120 Washington St. Salem MA 01970 MEMO auuunme 25/30/40 Colonial Rd N01 fee 11e0 i 589 511e 40 1 10 7 5 & SM: 684000271700 INNOVATIVE ENGINEERING SOLUTIONS, INC. 15895 City of Salem 7/6/2010 Date Type Reference Original Amt. Balance Due Discount Payment 7/6/2010 Bill vw022 NOI fee 262.50 262.50 262.50 Check Amount 262.50 Checking Account 25/30/40 Colonial Rd NOI fee 262.50 15896 Innovative Engineering Solutions, Inc. #SoVereign BanW I1e� 26 Spring Street 5-7515.110 l Walpole,Masschusetts02081 7/6/2010 PAY g TO THE I ORDER OF Commonwealth of Massachusetts "237.50TWo Hundred Thirty-Seven and 50/100WkkWkkttktkWkl Wkk R;kRikikkfitkktk;k;;ttkWtkkkkk;ktkktlWWWkltttkttWlttiktkkkWWk, DOLLARS MEMO smunwe 25/30/40 Colonial Rd N01 fee 1120L5896112 1:0LIO751501: 684000 2 7 0Olin INNOVATIVE ENGINEERING SOLUTIONS, INC. 15896 Commonwealth of Massachusetts 7/6/2010 Date Type Reference Original Amt. Balance Due Discount Payment 7/6/2010 Bill vw022 N01 Tess 237.50 237.50 237.50 Check Amount 237.50 Checking Account 25/30/40 Colonial Rd N01 fee 237.50 ATTACHMENT A PROJECT NARRATIVE ATTACHMENT A: PROJECT NARRATIVE Univar USA, Inc. (Univar) proposes to demolish an existing building(Building E) at the former Hamblet and Hayes site located on Colonial Road in Salem,Massachusetts. See Figure 1 in Attachment B for the site locus; see Figure 2 for the Site Plan. The building and it is no longer necessary for site operations and the structural integrity of the building is also a concern. This Notice of Intent requests permission from the Salem Conservation Commission to complete demolition activities within the 100 foot buffer zone. Please note that the resource area limits were delineated by Vanasse Hangen Brustlin, Inc. as part of the remediation activities completed by Ciba(former site owner). Note that on May 14,2010, Innovative Engineering Solutions, Inc. (IESI),on behalf of Univar, submitted a Request for Determination of Applicability that the installation of a chain link fence within the buffer zone is a minor activity under the Wetlands Protection Act and was therefore not subject to regulation under M.G.L. c. 131, § 40(see 310 CMR 10.02 (2)(b)(1)(b). The fence was proposed to provide security during the demolition project and will also be used to complete the site's perimeter security once the building is demolished. The Conservation Commission agreed with this request and issued a negative determination on June 1, 2010; for ease of reference, a copy of the Determination of Applicability issued by the Conservation Commission is attached to this Notice of Intent as Attachment C. Demolition and Site Work Prior to demolition and according to the requirements of the City of Salem, ,the existing site utilities will be terminated at the building foundation and the nearest sewer manhole, water valve, or junction box, depending on the utility. Please note that none of the excavations required for utility terminations are located within the 100-foot buffer zone. Due to the shallow depth of the excavations, groundwater is not anticipated to be encountered. During the utility terminations, excavated soil will be immediately used to backfill the excavations, compacted and paved with an asphalt patch to match pre-excavation conditions. If the excavations cannot be paved immediately, hay bale erosion controls will be installed around the excavations in order to reduce the migration of excavated soil during any precipitation events that may occur during the construction activities. Univar's demolition contractor will mobilize construction equipment and demolish Building E as shown on the Site Plan. Building E will be dismantled using a Volvo EC460 excavator with a grapple attachment. The concrete slab and foundations will be removed using the same machine with hoe ram and bucket attachments. Some soil excavation may be necessary immediately adjacent to the building foundation to create access to the upper portions of the foundations. Light water spray will be used for dust control. Demolition debris will be sorted into piles of like materials (i.e. wood, metal, concrete) and trucked off site in dump trailers to be recycled or disposed. Similar to the utility terminations, any excavated soils related to the foundation demolition will be immediately placed back into the excavations after the sections of foundation have been removed. If, for some reason, the soils cannot be placed back into the excavation by the end of the work day,a temporary stockpile may be formed within the building footprint (gravel) and surrounded with erosion controls. It is anticipated that the excavations required to remove the upper portions of the building foundation will be a maximum of two feet below grade and a maximum of three feet wide. Mitigation measures implemented during construction will minimize impacts to the resource area. Sediment and erosion control measures will be consistent with those presented in the Massachusetts Stormwater Management Technical Handbook and the project will meet Standard Number 8 of the Stormwater Management Policy. Sediment and erosion control measures will include the installation of hay bales and silt fencing at the upland area limits within the buffer zone prior to the start of any work to protect the adjacent resource areas. These sediment and erosion control measures will be maintained until the project is completed. The typical silt fence installation detail is included on Figure 3. Catch basin Innovative Engineering Solutions,Inc. Page A-I July 2010 Attachment A to the NOL Project Narrative O:IProjectslUnivarlSalemlDemolitionWOIWOI Text protection details are presented on Figure 4. As can be seen on the site plan, most of the surface water catch basins are located outside of the buffer zone,but the catch basins will be protected by hay bales and silt sacks to prevent migration of construction related soil/debris from entering the drainage system, which ultimately discharges to Mill Pond. It is our intention to reuse all excavated materials for backfilling the excavations and then capping with either pavement (utility terminations) or gravel (building footprint)to match the existing gravel area between Building E and Mill Pond. No other alterations of the resource areas are anticipated as part of this project. The proposed activities are not expected to adversely affect the resource areas. The construction activities are expected to take no longer than approximately one month. Redevelopment plans are currently underway for a new building to be constructed within a portion of the former building footprint,but have not been finalized. As such, we plan on submitting a separate NOI,or will request an amendment to this NOI, that will address redevelopment plans if any work is proposed within the buffer zone. Stormwater Management Since this NOI application includes only the demolition of a building and not any redevelopment, we do not feel that the project is subject to the MassDEP Stormwater Management Standards. No new stormwater discharges will be created as a result of the project and the impermeable area on site will actually be reduced as a result of the building demolition. As noted above, the proposed finished surface within the former building footprint is gravel to match the adjacent area between Building E and Mill Pond. As mentioned above, erosion and sedimentation controls (hay bales, silt fence) will be installed catch basins will be protected(hay bales and silt sacks)during construction as shown on the drawings. Innovative Engineering Solutions,Inc. Page A-2 July 2010 Attachment A to the NOI: Project Narrative O:IProjectslUnivarlSalem0emolitionWOIINOI Text a y a n pal s n � M y �, to M19VI tip I Frill RNA f%OfZi 'if j-Av-V.' WA o www �•. �� VIE jr14 wool WOM As 1 Qw �i. �� .�'�? w pw IN VIA v �� !.` '�� SJ' �' NTi . <r." �,> lid I�SG/ rY �i�"i��%, 4 }►� its , ti�y J . c ... FIGURE 1 pmg;W=06;;;� SITE LOCATION MAP - - .: - - LE IN FEET 25 SPRING .. : USGS .... Map; Salem, Massachusetts I/n ' CITY OF SALEM .- �,� CONSERVATION COMMISSION STT VTSTT FARM PROJECT LOCATION: 4 X)A y0 G16✓fd 0m-d DATE OF SITE VISIT PROJECT PROPONENT: DEP FILE NUMBER: 6y- PROPOSED WORK: (4*01"ky, dod ✓/aur� 5vi hY17�f/ IN ATTEND NCIE Com ',sion e e s ge `_ Abutters: � S Applicant/Property Owner/Representative: ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent ❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal INLAND RESOURCE AREAS COASTAL RESOURCE AREAS Bank ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage Bordering Vegetated Wetland ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cara- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASruraoTOY STREET, SALEM, MASSACHUSFTTS 01970 TFi,: 978.7459595 FAX: 978.740.0404 . WWW.SAt,EM.COM BUFFER ZONE (Within'10046et).- - • �- - •- - - ❑Water Body ❑ Bordering Vegetated Wetland Bank ❑ Coastal Beach ❑Coastal Dune INTERESTS PROTECTED; _.." .".,,,�. Z, Protection of Water Supply 0 Protection of Groundwater Supply Flood Control Storm Damage Prevention ® Prevention of Pollution ❑Protection of Fisheries 'Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. ,.:.gx rt`-"'�X. .. r�deaxr,•:?"�s#� � nv,s��r'�t t� ^�"- ar K' .d� s.'u�'�. SITE VISIT=DOCUMENTATION. -.a- �+ � ❑Photos ❑ Site Map ❑Other: OBSERVATIONS. . k,:`� ..Ar1ir.,rfs`�a..-x Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. yu y .r«r tf�J+ u°" m^+,xt.;� , ✓ ;,x t rct-' k '..T v^ RECOMMENDATIONS �,�,,,�,.„,� „�M,n.�_,� �, . ...._� ,a�..� . .,...x,.,. ;�,. ..r.;.n�;��_,�..n I