64-306 - 4 DANIELS STREET - CONSERVATION COMMISSION %%
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Massachusetts Department of Environmental Protection DEP File Number:
n Bureau of Resource Protection - Wetlands
�j WPA Form 8B — Certificate of Compliance 64-306
�Urovided by DEP Massachusetts Wetlands Protection Act M.G.L.MGL c. 131, §40
A. Project Information
=,_ 0
Important: s
When filling out 1. This Certificate of Compliance is issued to: p c'�4 f 'la'
a forms the Stephen A. Ingemi, Jr. J4
computer,
r, use
only the tab Name
key to move 211 Hale Sreet
your cursor- Mailing Address
do not use the Beverly MA 01915
return key. Cityfown State Zip Code
„r 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Linda M. Mirabito and Stephen A. Ingemi
Name
June 22, 2000 64-306
Dated DEP File Number
3. The project site is located at:
4 Daniel Street Court Salem
Street Address City/Town
41 331
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Linda M. Mirabito and Stephen A. Ingemi
Property Owner(if different)
Essex 14614 496
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
NA
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA Form 8e
Rev.02/00 Page 1 of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 813 Compliance— Certificate of Com lia 64-306
p Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
4 Daniels Street Court 64-306
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
LPG&7t/7 �. 2�99?i2Ui
Prope 'y Owner V _
and has been noted in the chain of title of the affected property on:
%( h2J Zoe iL6 ?7 1
Date I 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
i
Signature of Appli'canl
WPA Form 8B
Rev.02100 Page 3 of 3
f� Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 813 — Certificate of Compliance 64-306
p Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Stephen A. Ingemi, Jr.
computer,use Name
only the tab
key to move 211 Hale Sreet
your cursor- Mailing Address
do not use the Beverly MA 01915
return key. CityrFown State Zip Code
.AI I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Linda M. Mirabito and Stephen A. Ingemi
Name
June 22, 2000 64-306
Dated DEP File Number
3. The project site is located at:
4 Daniel Street Court Salem
Street Address Cityf rown
41 331
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Linda M. Mirabito and Stephen A. Ingemi
Property Owner(if different)
Essex 14614 496
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
NA
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
WPA Forth 8B
Page t of 3
Rev.O?J00
•
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-
referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is
therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act
may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
C. Authorization
Issued by:
So,\R,� T.1oy 2cr.s�
Conservation Commission D to of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP Regional Office(See Appendix A).
n
Signal re
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I
On n{ Of NuJ2rv\'cx� 2 0
- Day Month and Year °""'""..„
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowled that helshe e� cuted the same as his/her free act and deed.
GA ,\-1"5V— 301 -Zarb"7—
Not is My ce missi�is on expires
WPA Fo 8B
Rev.02100 Page 2 of 3
w
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
64-306
WPA Form 813 — Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
Salem
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
4 Daniels Street Court 64-306
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
WPA Form Ba Page 3 of 3
Rev.02100
Stephen Ingemi
211 Hale Street
Beverly, MA 01915
October 30, 2000
Conservation Commission
City of Salem
Salem, MA 01970
To Whom It May Concern:
The seawall at 4 Daniels Street Court was completed as specified in the
Order of Conditions that was issued to me. Construction began on September
11, 2000 and was completed on September 17, 2000, which was 6 days after
the project began.
Attached is the Request form for the Certificate of Compliance as well as a
Letter of Compliance from North Shore Survey Corporation, the company
that did the original surveyance of the land. If additional information is
necessary, then please do not hesitate to call me at 978-232-3525.
Sincerely,
Stephen Inge
10/05/00 THU 09:19 FAX 978 740 0404 P1ann1n6 Z 002
a
:r
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands & 4— -3 p(p
WPA Form 8A - Request for Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131. §40
A. Project Information
Important
When filling out 1. This�request is being made by:
forms on the J
/QD h P� / ��P�1 r V_.
computer, use H
only the tab Name
n /� WC?
/� /� �����i '
key to move 6 /7 t
your cursor- Maiil Address
do not use the e ye-e y'
return key. CltyrTewn State Zip Code
97fr 2 32 -352 S'
'd Phone Number
Z This request is in reference to work regulated by a final Order of Conditions issued to:
�^ SfiePh�v) A � h� -/7o
Applicant '7 /
&-� /tLy Cp�r• 3��
Dated DEP File Number
Upon completion
of the work 3. The project site is locat/�p��J at:
authorized in lr a h/,�y'J �T • �� �S a Z2 YYj
an Order of
Conditions,the Street Address �/1--3
� Cityrrown
property owner
must request a Assessors Map/Plot Nu bar PsfCW1/ of Number
Certificate of 4. The final Order of Conditions was recorded at the Reg
istry 9ist 0'of Deeds for:
from the issuing
authority stating Property Owner(if diNerent)
that the work or
portion of the 5 SS'e
work has been County gook Page
satisfactorily
completed. Certificate(d registered land)
5. This request is for certification that(check one):
M the work regulated by the above-referenced 0 ::er 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 hv:s lapsed and is therefore no longer valid, and the
work regulated by it was never started.
WPA Fo"SA pet re 1 012
Rev.02100
10/05/00 THU 09:19 FAX 978 740 0404 Planning 10 003
Massachusetts Department of Environn ental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 4 ( 3L�16
WPA Form 8A — Request for Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. a 131, §40
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?
dyes 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
8. Submittal Requirements
Requests for Certificates of Compliance should be ducted 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 iss-rad a Superseding Order of Conditions orwas the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office(see Appendix A).
WPA Form eA RW OWD f'6Be 2 of
47 LINDEN STREET
P.O.BOX 8017
SALEM,MA 01970
North Shore Survey TEL: (978)744-4800 Corporation TEL: (978)281-8664
FAX: (978)744-9188
REGISTERED PROFESSIONAL LAND SURVEYORS
October 20, 2000
Ms. Debra Hurlburt
Salem Conservation Commission
1 Salem Green
Salem, MA 01970
I certify to the Salem Conservation Commission that the repairs to the existing seawall
were completed at 4 Daniels Street Court in substantial compliance with the plan entitled
"Site Plan, 4 Daniels Street Court, Salem, prepared for Linda Mirabito, Scale 1" = 10',
April 10, 2000, North Shore Survey Corp., 47 Linden Street - Salem, MA" as stated in
DEP file#64-306 except that a nine foot wide wood deck on grade along the seawall
boundary has been added that was not shown on the pl
1�F'P�SH OF ld4ss9C
Sincerely e y
F GAIL
F L.
�s SMITIT
H
No.35043
Gail Smith 9 0
RFcisTeR�e
Registered Professional Land Surveyor FSSQ I LAND c�F
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
WPA Form 5 - Order of Conditions Provided by DEP
�. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
City of Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
4 Daniels Street Court 64-306
Project Location DEP File Number
Has been recorded at the Registry of Deeds of: \
Essex
County Book PagZ
for:
Linda Mirabito
Property Owner
and has been noted in the chain of title of the affected property in:
14614 496
Book Page
In accordance with the Order of Conditions issued on:
June 22, 2000
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature o ppli nt
WPA Form 5
Rev.02100 Paga 7 of 7
Ha/e ` y22.
3eu2x-ly, r^vNa\�1t5
Massachusetts Department of Filxiltinnmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
WPA Form 5 — Order of .Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
µ A. General Information
Important:
When filling From:
out forms on City of Salem rJR13(I" 0 11-11 inst. ''26
the computer, Conservation Commission a r y g ( ,
,use only the e tl ::1�a_1 .59
tab key to This issuance if for(check one):
move your
cursor-do P Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
Q To: Applicant: Property Owner(if different from applicant):
Linda M. Mirabito and Stephen A. Ingemi
Name mA P.O. Box 3031 Name
Mailing Address Mailing Address
Beverly MA 01915
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
4 Daniels Street Court Salem
Street Address City/Town
Map 41 Lot 0331
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 14614 496
County Book Page
Certifcate(if registered land)
3. Dates:
May 25, 2000 June 22, 2000 June 22, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Site Plan—4 Daniels Street Court April 10 2000
Title Date
5. Final Plans and Documents Signed and Stamped by:
Joseph H Orzel, Gulf of Maine Research Center, Inc.
Name
6. Total Fee:
$62.00 ($43.50 City/$18.50 State)
(from Appendix B:Wetland Fee Transmittal Form)
wPA Form 5
Rev,07J00 Page 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
fi y, WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on City of Salem
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do Imo'Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
rd To: Applicant: Property Owner(if different from applicant):
Linda M. Mirabito and Stephen A. Ingemi
Name
Name
P.O. Box 3031
Mailing Address Mailing Address
Beverly MA 01915
City/Town State Zip Code Cityrrown State Zip Code
1. Project Location:
4 Daniels Street Court Salem
Street Address Citylrown
Map 41 Lot 0331
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 14614 496
County Book Page
Certificate(if registered land)
3. Dates:
May 25, 2000 June 22, 2000 June 22, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Site Plan—4 Daniels Street Court April 10 2000
Title Date
5. Final Plans and Documents Signed and Stamped by:
Joseph H Orzel, Gulf of Maine Research Center, Inc.
Name
6. Total Fee:
$62.00 ($43.50 City/$18.50 State)
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5
Rev.02100 Page 7 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
r WPA Form 5 - Order of Conditions Provided by DEP
w
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat
❑ Groundwater Supply R"Storm Damage Prevention ❑ Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
20"the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Farm 5
Rev.02100 Page 2 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
m
WPA Form 5 - Order of Conditions Provided by DEP
w
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, WA DEP"]
"File Number 64-306 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Forth 5
Rev.02100 Page 3 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See attached
Findings as to municipal bylaw or ordinance
Furthermore, the City of Salem hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
See attached
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Fonn 5
Rev.02100 Page 4 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands (04_306
WPA Form 5 - Order of Conditions Provided by DEP
w
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
eAZ��
Daffe
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signature
On 22 Of (�Z 2ret-0
Day Month and Year
before me personally appeared
A95oW-0 t' Otffl9 l!`h
to me known to be the person described in and who executed the foregoing instrument and
acknowled ed that he/she executed the same as his/her free act and deed.
C A.4-& 11� L ll ql-loo
Notary Public My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested, on
Date Date
WPA Forth 5
Rev.02M0 Page 5 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
City of Salem
Conservation Commission
WPA Fonn 5
Rev.02/00 Page 6 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-306
WPA Form 5 - Order of Conditions Provided by DEP
.a
$ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------
To:
City of Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
4 Daniels Street Court 64-306
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex 14614 496
County Book Page
for:
Linda Mirabito
Property Owner
and has been noted in the chain of title of the affected property in:
14614 496
Book Page
In accordance with the Order of Conditions issued on:
June 22, 2000
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5
Rev.02/00 Page 7 of 7
Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE# 64-306, Address: 4 Daniels Street Court
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-306,and not placed on a living
tree.
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or
successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal,state and local 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 Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur
on this property without prior approval from the Commission.
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act, or any changes in activity subject to regulations under G.L. Ch. 131, Section
40, the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been
issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that
he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of
Conditions.
14. Conditions number as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and
shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING
between the project supervision,the contractor responsible for the work or its administrator to and phone
numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting.
16. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machiner
y,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
20. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in
Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps,slash,construction materials,etc.shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including, but not limited to,civil administrative
penalties under M.G.L.Chapter 21A,section 16.
POST CONSTRUCTION
40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left
unprotected or withou
t erosion controls
s during the winter.
41. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
43. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs;at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall
be recorded as such on the Certificate of Compliance and in all future deeds to this property:
PERPETUAL CONDITIONS
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource are.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
ADDITIONAL CONDITIONS
49. All work shall be completed within one week of commencement
50. Applicant shall adhere to all OSHA standards
'COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
a DEPARTMENT OF ENVIRODWE UTA�L/KOTECTION
d
Metropolitan Boston - r rthe4st Regional Office
i
ARGEO PAUL CELLUCCI SFILEPJI BOB DURAND
Governor PL./-1,NMP\J,a
[J _i '' :. Secretary
7ANE Swli:r
Lieutenant Governor AU G � 3 2000 LAUREN LISS
- Commissioner
Linda Mirabito and Stephen Ingemi
c/o Gulf of Maine Research Center, Inc.
204 Lafayette Street
Salem, MA 01970
Attn: Joseph H. Orzel
RE: Waterways License Application No. W00-9515, License No. 8478
Salem Harbor, Salem, Essex County
Dear Ms. Mirabito and Mr. Ingemi:
The Department of Environmental Protection has approved the enclosed referenced license
authorizing you to perform certain activities pursuant to.M.G.L. Chapter 91 and regulations 10
CMR 9.00. Any unauthorized substantial change in use or substantial structural alteration of any
structure or fill authorized,by this license shall render it void.
Pursuant to 310 CMR 9.17(1)(a)and 9.17(2), the Licensee may appeal this decision within
twenty-one(21) days of the date of license issuance;by submitting a written request,by certified
mail, for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include
the following information: the DEP Waterways Application File Number; the complete name,
address and telephone number of the party filing the request; if represented by counsel,the name,
address and telephone number of the attorney; a clear statement that a formal adjudicatory
hearing is being requested; and a clear and concise statement of the specific objections to the
Department's license decision, and the relief sought through the adjudicatory hearing, including,
specifically, the changes desired in the final Waterways License.
The hearing request, along with a valid check made payable to the Commonwealth of
Massachusetts in the amount of one hundred dollars($100.00),must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston,MA 02211
' This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205a Lowell St. Wilmington,MA 01887•Phone (978)661-7600•Fax (978)661-7615 •TDD#(978)661-7679
Printed on Recycled Paper
License No. 8478
At the same time, a copy of this appeal must be sent to the DEP Waterways Regulation Program,
the municipal official of the city or town where the project is located, and any other parties to
this proceeding. In addition,this appeal must include a statement that the appropriate copies
have been delivered as described herein.
Furthermore,this license must be recorded at the referenced County Registry of Deeds
with 60 days from the date of license issuance or your license will be revoked. The Registry
for your project is:
Essex County - Southern District
36 Federal Street
Salem,MA 01970
(978) 741-0200
The work or change in use authorized by this license shall not commence until said license and
plans are recorded,.the Department has received written notification of the date, book and page
number of record, or if the Department receives the enclosed Notification Form to this office.
cerely,
s A. ra
Section Chief
Wetlands and Waterways Program
cc: DEP/Waterways Regulation Program,Boston
Salem Conservation Commission, City Hall, Salem, MA 01970
Salem Harbormaster, Winter Island, Salem,MA 01970
James A. Sprague, Section Chief
Division of Wetlands and Waterways
Department of Environmental Protection
205a Lowell Street
Wilmington,MA 01887
RE: Waterways Application No. WOO-9515/License No. 8478
Dear Mr. Sprague:
This is to notify you that the referenced license was recorded on
book number page number(s)
Sincerely,
LICENSE VOID
IF NOT RECORDED
WITHIN 60 DAYS
OF ISSUANCE
ight Tommonw a th of Malosartmottts
No. 8478
Chaim, Linda Mirabito and Stephen Ingemi
of-- Salem --, in the County of--Essex-- and Commonwealth aforesaid,has applied to
the Department of Environmental Protection for license to—maintain an existing seawall
and associated back fill -------------------------------------------------------------------------------
and has submitted plans of the same; and whereas due notice of said application has been
given, as required by law,to the-- Mayor and City Council - of the--City -- of Salem; -
-------------------------------------------------------------------------------------------------------------
NOW, said Department,having heard all parties desiring to be heard, and having fully
considered said application,hereby, authorizes and licenses the said
--Linda Mirabito and Stephen Ingemi --, subject to the provisions of the ninety-first
chapter of the General Laws, and of all laws which are or may be in force applicable
thereto,to—maintain an existing seawall and associated back fill ------------------------
in and over the waters of—Salem Harbor--in the --City -- of-- Salem--and in
accordance with the locations shown and details indicated on the accompanying DEP
Sketch License Plan No. 8478 (1 Sheet).
PRINTED ON RECYCLED PAPER
License No. 8478 Page 2
The structures hereby authorized shall be limited to the following use(s): to provide shoreline
stabilization for the protection of existing structures.
This license shall expire ten(10)years from the date of license issuance. By written request of
the Licensee for an amendment,the Department may grant a renewal for a term of years not to
exceed that authorized by the original license.
The project authorized herein has been completed in conformance with the accompanying plans.
The issuance of this license,therefore, fulfills�the Licensee's obligation to obtain a Certificate of
Compliance pursuant to 310 CMR 9.19.
Please see page 3 for additional conditions to this license. -------------------------------------
-----------------------------------------------------------------------------------------------------------
Duplicate of said plan,number 8478 is on file in the office of said Department, and original of
said plan accompanies this License, and is to be referred to as a part hereof.
License No. 8478 Page 3
:Fp6
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions
stated herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the
provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this.
License.
3. Any change in use of any substantial structural alteration of any structure of fill authorized herein shall require the issuance
by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of
the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of
any structure of fill authorized herein shall render this Waterways License void.
4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth
herein. This license may be revolted after the Department has given written notice of the alleged noncompliance to the Licensee
and those persons who have filed a written request for such notice with the Department and those persons who have filed a
written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance.
Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways
License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the -
expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill..
5. The structure(s)and/or fill authorized herein shall be maintained in good repair and in accordance with the terns and
conditions stated herein and the details indicated on the accompanying license plans.
& Nothing in this Waterways License shall be construed as authorizing encroachment.in,on or over property not owned or
controlled by the Licensee,except with the written consent of the owner or owners thereof. -
7. This Waterways License is granted subject to all applicable Federal,State,County,and Municipal laws,ordinances and
regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.
Chapter 131,s.40.
8. This Waterways License is granted upon the express condition that the use of the structure(s)and/or fill authorized herein
shall be in strict conformance with all applicable requirements and authorizations of the DEP,Division of Water Pollution
Control.
9. This License authorizes structure(s)and/or fill on:
X Private Tidelands. In accordance with the public easement that exists by the law on private tidelands,the licensee
shall allow the public to use and to pass freely upon the area of the subject property lying between the high and
low water marks,for the purposes of fishing,fowling,navigation,and the natural derivatives thereof.
_ Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any
purpose,upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth
for the benefit of the public.
_ A Great Pond of the Commonwealth. The Licensee shall not restrict the public's rights to use and to pass
freely upon lands lying seaward of the high water mark for any lawful purpose.
No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license,the licensee shall not limit the hours of availability of any areas of the
subject property designated for public passage,nor place any gates,fences,or other structures on such areas in a manner that
would impede or discourage the free flow of pedestrian movement thereon.
License No. 8478 Page 4
Tinc�f id£watC rdisglaeed-�e-werk-hey-antberized-has-been-asEertaine�d-by-said--
Department, and compensation thereof has been made by the_said-png into the
treasury of the Common h--zero-dollars and zero cents ($0.00) -- for each cubic yard so
.
Nothing in this License shall be so construed as to impair the legal rights of any person. This
License shall be void unless the same and the.accompanying plan are recorded within 60 days
from the date hereof, in the Registry of Deeds for the County of-- Essex -----------------------
IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their
hands this twenty-third day of August in the year two
thousand.
Department of
Section Chief / Environmental
Protection
THE COMMONWEALTH OF MASSACHUSETTS
e-Eeramonwealth>
bythe said- --------------------------------------------------------------= -
the further sum of-- zero dollars and zero cents ($0.00) -------------------7��/-------
the amount determined by the Governor as a just and equi charge for rights and privileges
hereby granted in the land of the Commonwealth
BOSTON,
Approved by ovemor.
overnor —
Massachusetts Dep _' nt of Environmental Protection
Bureau of Reso&ce Protection- Waterways
BRP WW 06 Waterways Simplified License
General Walerways Application
Subject Property: LICENSE No. ,0,4912>
Salem Assessors
Map 41 , Lot 0331 Approved ByDepartmeNOf Environmental Protection
Date AUG 23 2000
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tusK
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09 pREP S.F• - �4V;, wwew�P
• O
�S 190°
PLAN VIEW
SCALE i" = 30'
4' X 8' V3 FLOOD ZONE m 17.4'
PRESSURE TREATED
8' X 8' WOOD FRAME EXISTING TOP OF WALL =15.2'
PRESSURE muy
FRAME FILTER EXISTING STONE WALL
i -
lance FABRIC PVC PIPE -
EXISTING SOIL - 8' OF CRUSHED ST
Q MEAN HIGH HIGH WATER 9:5'
MEAN HIGH WATER. 8.7
EXISTING EXCAVATION AREA
TOP OF STONERETAINING WALL. I
PROPOSED POURED ores; EXISTING BASE OF WALL m 5.4'
forceIr CONCRETE
AND FIILLED PATH POUREDDD
CONCRETE PROPOSED REPAIRS TO EXISTING SEAWALL
TOP VIEW PROFILE VIEW
SCALE 1" = 30'
- - - VERTICAL SCALE 1" 40' MEAN LOW WATER m 0.0' -
Purpose:Simplified Licensing Project description: R6 PA I R S To
Plan•acccompanying petition of: -
Datum LINDA MIRAl31T0 IEX►ST.ING 'SEAWALL
Adjacent Property Owners: 4 DANIELS STRE In SALEM .I4ARBOR
ET
At S A
W. L�AVID CRoSBY�ND cotjl2T
1 .County of E S S EX State--&L
RsrI D. & MARY Lott FADEnI SptEP MA Application Byl INDA NIIRABITO
Sheet—Lof I Dateg,h612D00
T
i
t
' GULF OF MAINE
RESEARCH CENTER INC.
Notice of Intent
' Under the
Massachusetts Wetlands Protection Act
(M.G.L. c.131, § 40)
' and
Salem Wetlands Ordinance
' For property at:
4 Daniels Street Court
Salem, Massachusetts
1
Prepared for:
t Linda M. Mirabito and Stephen A. Ingemi
' Prepared by:
Gulf of Maine Research Center,Inc.
204 Lafayette Street
Salem,Massachusetts
' May 25,2000
GMRC No.311OW
ENVIRONMENTAL CONSULTING SERVICES
1
GULF OF MAINE RESEARCH CENTER INC.
' INDEX
NOTICE OF INTENT
4 Daniels Street Court
Salem,Massachusetts
' NOTICE OF INTENT
WPA Form 3,pages 1-8
' Appendix A; Abutter Notifications
Abutter Notification Affidavit of Service
' Abutter Notification Form
Certified List of Abutters
Appendix B,Filing Fees
' WPA Wetland Fee Transmittal Form,pages 1-2
Copy of Checks to City and State
' ATTACHMENT 1: WETLANDS REPORT
' Wetlands Report,4 Daniels Street Court, Salem, MA
(Gulf of Maine Research Center, Inc.,May 24, 2000)
' ATTACHMENT 2:SITE PLAN
Site Plan,4 Daniels Street Court, Salem
j ' (North Shore Survey Corporation,Dated April 10, 2000)
' DEP File Number.Massachusetts Department of Environmental Protection
st Bureau of Resource Protection - Wetlands
4. m
WPA Form 3 - Notice of Intent Provided by DEP
w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sam, MA
Tn
r�
A. General Information
Important:
When filling out 1. Applicant:
forms on the Linda M. Mirabito and Stephen A. Ingemi
computer, use Name E-Mail Address(if applicable)
only the tab key to move P.O. Box 3031
your cursor- Mailing Address
' do not use the Beverly MA 01915
return key. Cilyrrown State Zip Code
(978) 927-2542
te° Phone Number Fax Number(if applicable)
2. Representative(if any):
Gulf of Maine Research Center,lnc.
Firm
Joseph H. Orzel GMRC@tiac.net
Note: Contact Name E-Mail Address(d applicable)
Before 204 Lafayette Street
completing this Mailing Address
form consult Salem MA 01970
your local Conservation Cityrrown State Zip Code
Commission (978) 745-6618 (978)741-8648
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
' or ordinance. 3. Property Owner(if different from applicant):
Name
' Mailing Address
Cityrrown State Zip Code
4. Total Fee:
$62.00($43.50 City/$18.50 State)
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
4 Daniels Street Court Salem
Street Address Cityrrown
Map 41 Lot 0331
Assessors Map/Plat Number Parcel/Lot Number
' 6. Registry of Deeds:
Essex 14614 496
tCounty Book Page
Certificate(if Registered Land)
' WPA Fmm3
Pang 1 of 1
Massachusetts Department of Environmental Protection DEP File Number.
' Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salleem, MA
A. General Information (cont.)
7. Summary of Project Impacts:
' a. Is any work being proposed in the Buffer Zone?
® Yes If yes, how many square feet?
124_square feet(approx.)
❑ No
b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
Resource Area Size of Impact(e.g., sq. ft.)
tLand Subject to Coastal Storm Flowage 124 square feet(approx.)
1
' B. Project Description
1. General Project Description:
' The activity proposed will reinforce and stabilize an existing stone block seawall. The seawall will not
be enlarged or relocated, and all work proposed is landward of the seawall. Work will include
excavating a trench behind the seawall, placing a bed of crushed stone in the trench, installing PVC
pipes between the stone blocks into the crushed stone, and pouring fast setting concrete in the trench
during low tide. Filter fabric will be placed between the existing soils and the crushed stone/concrete.
' 2. Plan and/or Map References:
Site Plan, 4 Daniels Street Court, Salem; Prepared for Linda Mirabito; North Shore April 10, 2000
Survey Corporation, 47 Linden Street Salem MA Date
WPA Fm 3 Pa 2d2
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Townn MA
C. Activities Subject to Regulation
1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
' Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ® Coastal Beach ❑ Barrier Beach
' ❑ Bordering Vegetated Wetland(BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ® Coastal Bank
' b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s).
Inland Resource Areas:
Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
' NA NA
Square Feet altered Volume of Flood Storage Lost(cubic feet)
' Square Feet replaced Volume of Flood Storage Compensation(cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
NA NA
' Square Feet altered Volume of Flood Storage Lost(cubic feet)
Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet)
Bank:
NA
Linear Feet altered
' Coastal Resource Areas:
Coastal Dune: Land Under Salt Pond:
' NA NA
Square Feet altered Square Feet altered
Cubic Yards/Volume removed Cubic Yards dredged
Salt Marsh: Rocky Intertidal Zone:
NA NA
Square Feet altered Square Feet altered
Coastal Bank: Designated Port Area:
' NA NA
Linear Feet altered Square Feet altered
' WPA Fom3 PaeeM3
' Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
} WPA Form 3 — Notice of Intent
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem, MA
Town
a
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
' NA NA
Linear Feet altered Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
' 124 s.f. (64 sf concrete/remaining is timber frame) NA
Square Feet altered Square Feet altered
Land Under Ocean:
NA
' Square Feet altered
' Cubic Yards dredged
' RiverFront Area:
a. Name of Waterway(if available):
' NA
b. Width of Rivertront Area(check one):
' ❑ 25 ft. -Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
' ❑ 200 ft. -All other projects
c. Describe how the Mean Annual High-Water Line was determined:
d. Distance of proposed activity closest to the Mean Annual High-Water line:
' Feet
e. Total area of Rivertront Area on the site of the proposed project:
' Square Feet
' f. Proposed alteration of the Rivertront Area:
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
' WPA Fonna Psm4 of
' y Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
a r
WPA Form 3 — Notice of intent Provided by DEP
' e Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem, MA
Town
C. Activities Subject to Regulation (cont.)
' 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP(attached)
❑ DEP BVW Field Data Form(attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary (attach documentation):
' ❑ 50% or more wetland indicator plants
❑ Saturatedlinundated conditions exist
❑ Groundwater indicators
❑ Direct observation
' ❑ Hydric soil indicators
n Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
' 2000-2001 Edition of Natural Heritage Atlas (Salem, MA Map)
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
® No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
' Restriction Act (M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
❑ Yes
® No
WPA Fa 3 PaW5af5
' Massachusetts Department of Environmental Protection DEP File Number.
�.
�^ Bureau of Resource Protection - Wetlands
WPA� Form 3 - Notice of Intent gs Provided by DEP
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem, MA
Town
D. Performance Standards
' 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
® Yes If yes, describe which limited project applies to this project:
Eligible under 310 CMR 10.24(7)(c)(2) but not being submitted as a Limited Project
' ❑ No
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
' wetlands regulations, 310 CMR 10.00.
❑ Yes If yes, describe which exemption applies to this project:
® No
' 3 a. Is the project located in the Riverfront Area?
❑ Yes If yes, indicate the proposed project purpose:
' ❑ Single Family House ❑ Industrial Development
❑ Residential Subdivision ❑ Commercial Development
❑Transportation ❑ Other(describe)
' ❑ b. Was the lot where the activity is proposed created prior to August 1, 1996?
❑ Yes
❑ No
4. a. Describe how the project will meet all performance standards for each of the resource areas
altered, including standards requiring consideration of alternative project design or location. Attach
narrative and supporting documentation. SEE NOI ATTACHMENT 1 , Wetlands Report
b. Is this project exempt from the DEP Stormwater Policy?
® Yes If yes, explain why the project is exempt:
' Single-family house project.
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this form.
i ' WPA Fmm3 Paw6of6
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands
of WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem, MA
Town
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI):
' • USGS or other map of the area (along with a narrative description, if necessary), containing sufficient
information for the Conservation Commission and the Department to locate the site.
Plans identifying the location of proposed activities(including activities proposed to serve as a
Bordering Vegetated Wetland(BVW) replication area or other mitigating measure) relative to the
' boundaries of each affected resource area.
• Other material identifying and explaining the determination of resource area boundaries shown on
plans(e.g., a DEP BVW Field Data Form).
' • List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee
' Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department, or cities and towns of
the Commonwealth.
Applicants must submit the following information(in addition to pages 1 and 2 of Appendix B)to confirm
fee payment:
5/24100
Check Number Check date
' Gulf of Maine Research Center, Inc. Linda Mirabito/Stephen Ingemi
Payor name on check Applicant name(d different from payor)
' G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
' plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
' I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made 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.
' Signature of Applicant Date
' Signa re Properly er differ Date
,01 �5-12 40
Signa r o R nta' (if a ) Date
' wPA Fm 3 Pow7of7
' Massachusetts Department of Environmental Protection DEP File Number.
=s
u � � Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem, MA
g.� Town
G. Signatures and Submittal Requirements (cont.)
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation
' Commission by certified mail or hand delivery.
For DEP:
' Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) 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.
1
t
' wPA Form Popo8 of8
1
GULF OF MAINE RESEARCH CENTER INC.
1
1
ATTACHMENT I
Wetlands Report
to accompany a
Notice of Intent
For property at:
I ' 4 Daniels Street Court
Salem,Massachusetts
' Prepared for:
' Linda M. Mirabito and Stephen A. Ingemi
' Prepared by:
Gulf of Maine Research Center,Inc.
' 204 Lafayette Street
Salem,Massachusetts
1
1 '
1
GULF OF MAINE RESEARCH CENTER INC.
' ENVIRONMENTAL CONSULTING SERVICES
204 LAFAYETTE STREET
' SALEM, MA 01970
(978)745-6618
May 24, 2000 FAX(978)741-8648
Salem Conservation Commission
One Salem Green
Salem,MA 01970
' RE: Wetlands Report
4 Daniels Street Court
Dear Commission Members:
' Gulf of Maine Research Center Inc., has prepared this wetland report to
accompany a Notice of Intent being filed with the Salem Conservation Commission and
' the Department of Environmental Protection under the Massachusetts Wetlands
Protection Act(M.G.L. c.131, §40) and Regulations (310 CMR 10.00), and the Salem
' Wetlands Ordinance. This report describes the wetland resource areas present at 4
Daniels Street Court in Salem,Massachusetts(the "site"); the proposed activities at the
site; and the measures proposed to meet the performance standards of the Massachusetts
' Wetlands Regulations.
Gulf of Maine Research Center,Inc. (GMRC)serves as environmental consultant
' for the project and evaluated the site in reference to the Massachusetts Wetlands
Protection Act and Regulations. North Shore Survey Corporation serves as project
surveyor, and prepared the project Site Plan(see NOI Attachment 2).
1.0 SITE DESCRIPTION
' The site consists of approximately 5,276 square feet of land, located on the west
side of the end of Daniels Street Court,directly adjacent to Salem Harbor(Figure 1). The
property is located within an urbanized area and is bounded by roadways and developed
house lots to the north, east, and west, and by Salem Harbor to the south. The entire
length of the property abutting Salem Harbor, approximately 31 feet, is protected by a
stone block seawall that was constructed many years ago. Over time,the condition of the
seawall has deteriorated and the stone blocks are presently unstable. The work being
proposed is to repair and stabilize the existing seawall in order to maintain the stability of
the Coastal Bank and protect the property.
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FIGURE 1 North
SITE LOCUS
' SITE: 4 Daniels Street Court, Salem, MA
BASE MAP: USGS Topographic Map, Salem Quad. (1985)
' SCALE: 1 :25000 metric
GULF OF MAINE RESEARCH CENTER
1
GULF OF MAINE RESEARCH CENTER INC.
1
2.0 WETLAND RESOURCE AREAS
Gulf of Maine Research Center evaluated the site for the presence of wetland
resource areas under the criteria set forth in the Massachusetts Wetlands Protection Act
' and Regulations. No inland wetland resource areas are present at the site, and soils at the
site are mapped as Urban Land by the U.S. Soil Conservation Service. Several coastal
resource areas do exist at and immediately adjacent to the site. These include: Coastal
Beach,Tidal Flat, Coastal Bank,Land Subject to Coastal Storm Flowage, and Land
Subject to Tidal Action.
' 2.1 COASTAL BEACH Q 10 CMR 10.27)
' Coastal Beach is defined as"...unconsolidated sediment subject to wave,
tidal and coastal storm action which forms the gently sloping shore of a body of
salt water and includes tidal flats." At the site,the coastal beach extends from the
' mean low water line (off site)to near the base of the seawall. There is some
stone rubble at the base of the seawall (apparently the remains of a former
seawall)that extends several feet seaward from the base of the wall.
' Coastal Beaches are significant to storm damage prevention,flood control,
and the protection of wildlife habitat. In addition,coastal beaches that are tidal
flats are likely to be significant to the protection of marine fisheries and shellfish.
No activities are being proposed within this resource area.
2.2 TIDAL FLAT Q 10 CMR 10.27)
' A Tidal Flat is defined as "...any nearly level part of a coastal beach which
usually extends from the mean low water line landward to the more steeply
sloping face of the coastal beach...". A tidal flat is located seaward of the
' seawall, and extends several hundred feet into Salem Harbor. This tidal flat is
indicated in Figure 2 (National Wetland Inventory Map)as"M2FL".
At the site the entire coastal beach is relatively level up to the seawall;
therefore,the tidal flat extends from mean low water to the rubble at the base of
the seawall.
No activities are being proposed within this resource area.
2.3 COASTAL BANK Q 10 CMR 10.301
A Coastal Bank is defined as "...the seaward face or side of any elevated
land form, other than a coastal dune, which lies at the landward edge of a coastal
beach, land subject to tidal action, or other wetland." At the site, the Coastal
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SITE: 4 Daniels Salem, 1 I
GULF OF MAINE RESEARCH CENTER INC.
j ' Bank extends from the rubble at the base of the seawall to the.top of the seaward
face of the seawall.
' Coastal Banks are likely to be significant to storm damage prevention and
flood control, and function to provide sediment to beaches and/or as a vertical
buffer from storm waters. Because the Coastal Bank at the site is protected and
stabilized by the existing seawall, it does not function as a source of sediment;
however, it does function as a vertical buffer to storm waters.
All excavation and backfilling activity proposed is behind the seawall, and
landward of(outside)this resource area. A portion of the proposed wooden
' frame will be located on the top of the Coastal Bank(top of the seawall), and the
outlets of the proposed seawall drainpipes will be located on the Coastal Bank
' (seaward face of the seawall).
2.4 LAND SUBJECT TO COASTAL STORM FLOWAGE(310 CMR 10.04)
Land Subject to Coastal Storm Flowage(LSCSF)is defined as "...land
subject to any inundation caused by coastal storms up to and including that
caused by the 100-year storm, surge of record or storm of record, whichever is
greater." The Flood Insurance Rate Map(FIRM)for Salem, panel No. 250102
0001 B dated August 5, 1985, shows portions of the site within both V3 and A4
' Flood Zones (Figure 3). These designations indicate areas of 100 year coastal
flooding where base flood elevations and flood hazard factors have been
determined,including wave action(V zone),and without wave action(A zone).
The base flood elevations indicated on the FIRM are 13 ft. NGVD (17.36
ft. Salem Vertical Datum, "SVD"), for the V3 Zone, and 11 ft. NGVD (15.36 ft.
' SVD)for the A4 Zone. The elevation of the top of the seawall is approximately
10.84 ft. NGVD(15.2 ft. SVD). The Velocity Zone elevation is slightly more
than 2 feet above the top of the seawall, and extends onto the site land ward of the
seawall.
Therefore, all of the proposed work is within the resource area Land
' Subject to Coastal Storm Flowage. However,LSCSF is not presumed to be
significant to any interests of the Wetlands Protection Act, and the Wetlands
Protection Regulations do not provide performance standards for this resource
' area.
2.5 LAND SUBJECT TO TIDAL ACTION(310 CMR 10.04)
Land Subject to Tidal Action is defined as "...land subject to the periodic
' rise and fall of a coastal water body, including spring tides. This resource area is
not presumed to be significant to any interest of the Wetlands Protection Act, and
the Wetlands Protection Regulations do not provide performance standards for
' work within this resource area.
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BASE • • Panel
I No. 250102 0001 • August • •
SCALE: / ,
GULF OF MAINE RESEARCH CENTER INC.
At the site, the upper boundary of this resource area is located along the
' seaward face of the seawall. The mean highest high tide elevation is 5.14 ft.
NGVD(9.5 ft. SVD),which is somewhat less than half way up the seawall.
' Based on initial soil probes, the bottom elevation of the proposed excavation, and
the proposed seawall drainpipes,will be above the upper elevation of this
resource area.
' No activities are being proposed within this resource area.
' 2.6 BUFFER ZONE(310 CMR 10.04)
The Buffer Zone is defined as "...that area of land extending one hundred
(100)feet horizontally outward from the boundary of any area specified in 310
' CMR 10.02(l)(a)",which includes the resource areas Coastal Beach and Coastal
Bank. The entire site lies within the Buffer Zone of the Coastal Bank, the most
' landward of the resource areas with a Buffer Zone.
Therefore, all proposed activities are within a Buffer Zone.
' 3.0 PROPOSED ACTIVITIES
Proposed work involves the stabilization of an existing stone seawall. The stones
of the existing seawall are loose in many locations and the wall has bowed out,reducing
' the stability of the wall. The proposed work includes the activities listed below, and is
shown in plan form on the Site Plans(NOI Attachment 2).
' 1) Excavate a 2 foot wide trench behind the seawall to a depth of
approximately 4.5 feet. Soil will be excavated down to an apparent rock
and stone base behind the wall. Soil probes conducted by the applicant
have indicated that the top of the rock base is fairly consistent at a depth
approximately 4.5 feet below the surface.
2) Install filter fabric at the bottom of the excavation, and line the entire
excavated area with filter fabric.
3) Install an 8 inch base of crushed stone in the bottom of the excavation.
4) Install several PVC pipes, imbedded in the crushed stone base, which
will pass through spaces between the seawall stones to the seaward face of
' the seawall. These will provide for drainage through the seawall.
5) Pour fast setting concrete into the excavated area behind the seawall up to
the elevation of the top of the existing seawall. The concrete will stabilize
' the loose seawall stones and reinforce the upper portion of the seawall.
6) Construct a pressure treated wooden frame landward of and along the
' length of the top of the seawall.
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GULF OF MAINE RESEARCH CENTER INC.
' 4.0 PERFORMANCE STANDARDS AND MITIGATION
' All activities proposed are located within the Resource Area Land Subject to
Coastal Storm Flowage,with a minimal amount of activity proposed on the Coastal
Bank. In addition,the work is within the Buffer Zones of a Coastal Bank and Coastal
' Beach. Under the Regulations, there are no performance standards for Land Subject to
Coastal Storm Flowage. The performance standards for Coastal Bank that pertain to the
project are described below.
' Because the Coastal Bank at the site does not function as a sediment source,the
performance standards specific to this function(310 CMR 10.30(3)through (5))do not
' apply. The performance standards which apply to a Coastal Bank that functions as a
vertical buffer to storm waters are 310 CMR 10.30 (6)through(8), which state the
following.
' 10.30(6) "Any project on such a coastal bank or within 100 feet landward of the
top of such coastal bank shall have no adverse effects on the stability of the
bank."
• Due to the current condition of the seawall, the stability of the Coastal Bank is
' compromised. The work being proposed will serve to stabilize the Coastal
Bank (i.e. the seawall).
' All excavation and backfilling activities proposed are behind the seawall, and
therefore landward of the top of the Coastal Bank. However, excavation work
could potentially destabilize the seawall. The site contractor shall ensure that
' excavation work is done in a manner so as not to endanger the stability of the
wall during the course of the proposed repair activities. Excavation work will
not occur during high wave conditions or during high tide.
' The seaward edge of the proposed wooden frame is on the top of the Coastal
Bank, and the outlets of the proposed seawall drainpipes are on the Coastal
' Bank). These structures will not adversely affect the stability of the Coastal
Bank or it's ability to function as a vertical buffer to storm waters.
' Excavated soil may be temporarily piled landward of the seawall in the area
between the seawall and the house, and will be removed from the site as soon
as possible after excavation.
10.30(7) "Bulkheads, revetments, seawalls, groins or other coastal engineering
structures may be permitted on.such a coastal bank except when such a bank is
significant to storm damage prevention or./lood control because it supplies
.sediment to coastal beaches, coastal dunes, and barrier beaches."
• The Coastal Bank at the site is stabilized by an existing seawall,and does not
function as a sediment source to beaches or dunes; therefore, seawalls(and
' seawall repair) may be permitted.
GULF OF MAINE RESEARCH CENTER INC.
' 10.30(8) "Notwithstanding the provisions of 310 CMR 10.30(3) through (7), no
project may be permitted which will have any adverse effect on specified habitat
sites of rare vertebrate or invertebrate species, as defined by procedures
established under 310 CAR 10.37."
' The 2000-2001 edition of the Massachusetts Natural Heritage Atlas shows no
estimated habitats of state listed rare wetlands wildlife or certified vernal
pools at or in close proximity to the site. Therefore, submission of the Notice
' of Intent to the Natural Heritage Program is not required under the
Massachusetts Wetlands Regulations.
' 5.0 CONCLUSIONS
' It is the opinion of Gulf of Maine Research Center that the work, as proposed,
contributes to the protection of the interests identified in the Massachusetts Wetlands
Protection Act by complying with the general performance standards established under
' the Wetlands Protection Regulations for the resource areas present at the site.
If you have any questions or require further information regarding this matter,
' please do not hesitated to contact me, or Hugh F. Mulligan, at the letterhead address or
phone number.
' S' erely,
Joseph H. Orzel
Senior Wetland Scientist