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64-496 - 295 DERBY STREET - CONSERVATION COMMISSION F-�ess u��s Sta ' ��us�a�k- , a ko ^k'` y-` V' l a ,. -. _,.��i�'-{s'• ; �' .": r F� 1 - R G WAS , R9y ��R Cyy -y r ... IFS ^ykv.p•ma's^': vecantiLotj .t•.rara ti - y •� 0 St ryi.t � [1 W r G` • y le" 0 • I N • r �G �� Y'kli 4 ,�� I r.. ;nc _'�r ,+ ` '�11 r _ • �* WU • .1 - - ; r � � Elevated section of Harborwalk to tie Into Congress St. Bridge '• V, _ fSCi {t am .� �;"...•'�i� � 1a iF7-• '�?. vr• ttn. <.....- ABODY ST �� ! � ' r � I ! Harborwalk Surveyed Elevation Points r & � """� 4 �'- !� :`•`-3� 0 Surveyed Elevation Points 0 Surveyed Elevation Points b � (Existing conditions) (Postconatruclion) .Lr ® _ -�S• + CITY OF SALEM ,1tl-wide Harborwelk - I I r" — WARD SST Mep created by SalemGIS -Parcel and related dam compiled by Camp,Dresser&McKee,1999 March 2,2010 and updated annually by SelemGlS y -- �tipP x -Orthophotography compiled by United States Geologic Survey, I •'� r, �,f Map Na.10-014 April,2008 ' ' '&tyy r -Surveyed Elevation Points and data provided by Vine Associates and rxx a xs so rao rest Bottler Asaoclates/Control Point Asmciates Mayor I--i--r--i--I--r---may—i -NGVDin1929detum;MLWinmean].."ter datum Kimberley Drlecoll t'•1oo' • a Frsy + . r vW��n�mrt�i CITY OF SALEM CONSERVATION COMMISSION March 28,2011 Luke DiStefano Bohler Engineering 352 Turnpike Rd. Southborough,MA 01772 Re: Certificate of Compliance—DEP #64-496-295 Derby St. (Hess Harborwalk) Dear Mr. DiStefano: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. 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,, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office li Massachusetts Department of Environmental Protectio n on Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 86 — Certificate of Compliance 64496 El 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: fortes on the computer, use Amerada Hess Corporation cto Bohler Engineering only the tab key Name to move your 352 Turnpike Rd. cursor-do not use the return Mailing Address key.. III 2. Southborough MA 001772 �I Cityrrown State Zip Code °' This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Amerada Hess Corporation Name 5/27/2010 64496 Dated DEP File Number 3. The project site is located at: 295 Derby St. Salem Street Address City/town 34 442 Assessor;Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 29516 1 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 3/21/11 Date MpetrmBD.dpc nw.1223AB WPA Foam 8B,Cenific W of Complier •Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-496 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 Date 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 http://www.mass.gov/dep/about/region/findyour.htm). Signa ee _C n^ vvpafrn Aoc-rev.12I23I09 WPA Form Be,Cerarcale of Compliance•Page 2 of 3 t Massachusetts Department of Environmental Protection 1 -- Bureau of Resource Protection - Wetlands DEP File Number: �\ WPA Form 8B — Certificate of Compliance 64-496 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: - --- -- ----. Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 295 Derby St. 64-496 Project Location . DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm9b.doc•rev.12/23/09 WPA Form Be,Ceiifcale of Compliance•Page 3 of 3 Y January 24,2011 Reviser(February 8, 2011 Revised February 17. 2011 Via federaI Express City of Salem Conservation Commission City [fall Annex- 120 Washington Street Salem, MA 01970 Attention: Tom Devine Conservation Commission Agent RE: Request for Certificate of Compliance DEP File#64-496 Hess Express Harborwalk 295 Derby Street Dear Mr. Devine: On behalf Amerada Hess Corporation; we would like Request a Certificate of Compliance for the [less Express llarborwalk located at 295 Derby Street in Salem. Based on a final site construction observation conducted by Bottler Engineering and a review of the As- Built Plan prepared by Control Point Associates, Inc.; revised through January 11, 2011, "1 hereby certify that the work has been completed in general compliance with the conditions set forth in the approved Order of Conditions issued by the Salem Conservation Commission on May 27,2010, and as shown on the approved site plan documents dated May 13, 20M." The following deviations from the Order of Conditions and approved site plan documents were noted as of the date of this letter: 1. Interpretive signs adjacent to harbor walk not installed(signs omitted at City's request). 2. Walk elevation of ±14.0' as indicated on "Preliminary Harbor Walk Construction Detail" was shown for information purposes ONLY(to illustrate how Hess intended to add height to the sea wall in order to accommodate the elevations shown on the approved Grading Plan) and was not intended to represent actual design conditions. The "Grading Plan" prepared by Bohler Engineering and subsequently approved by the Salem Conservation Commission, dictated final harbor walk grading/elevations along the Hess property. These elevations are consistent with the understanding reached with the DEP and the City of Salem Planning Department prior to submittal of the Notice of Intent. In addition, assuming the existing off-site harbor walk elevation is 1.0.4' NGVD (as indicated by Dave Knowlton in his email dated 2/11/2010),the near edge of the recently constructed Hess harbor walk was constructed at an elevation of 8.7' NGVD (as confirmed in the As-Built Plan referenced above), and the total distance between these two points is 141.38 feet (as depicted on a "Land of Bradshaw Longmaid" plan obtained from the Registry of Deeds) the resulting harbor walk slope, should a connection be made,would be approximately 1.2%. 1 As a result of the information noted above, the applicant respectfully requests that a Certificate of Compliance be issued. Should you have any questions, or require additional information, please do not hesitate to contact me at 508.480.9900. Very truly yours, BQIILER ENGINEERING Stephen P. DeCoursey, P.E. Attachments cc; Andrew Laulenbacher, Amerada Hess Corporation Philip C. Lombardo,Jr.,Esq. Frank'raonnina, Harbor Coordinator Tom Devine, Conservation Agent 2 " + Page 1 of 1 e Frank Taormina From: Frank Taormina Sent: Tuesday, February 22, 2011 4:11 PM To: Tom Devine Cc: Lynn Duncan Subject: Hess Harborwalk (COC Inspection) Attachments: IMG_6064.jpg; IMG_6065.jpg; IMG_6056.jpg; IMG_6057.jpg; IMG_6069.jpg Hi Tom, As you are aware, Hess Corporation is required to build their harborwalk according to the City of Salem's specifications, pursuant to DEP's Administrative Consent Order & Notice of Non-Compliance File #ACOP-BO-09-6Y004 and as approved in their Order of Conditions DEP #64-496. Accordingly, we inspected the project site and determined whether or not the City specification requirements for this project were met. Below please find a summary of our findings. City Standard Directional Signs The City Standard Directional Sign was installed correctly, and the Natinal Parks Service decals on both sides of the sign were also installed correctly (see attached photos). City.Standard Ornamental Lights The City Standard Ornamental Lights were installed in the correct locations. However, the light base was not secured to the pole as specified in the approved plans. I believe it is a combination of a foam collar and black silicone or black epoxy caulking. I would recommend that the Applicant contact the manufacturer and determine exactly how the base is to be secured to the pole. City Standard Railing The City Standard Railings were installed correctly. City Standard Benches We observed that two different kinds of benches were installed on the harborwalk (see attached photos) and neither one matches the City Standard Bench specifications. After discussing the matter with the Director, it was determined that the applicant must remobe'and replace the two benches with the City's benches specifications, as showed on the approved plans and as required in DEP's Administrative Consent Order & Notice of Non Compliance File #ACOP-BO-09-6Y004, Part III, Section B.A. City Standard Trash Receptacles The Big Belly Solar Powered Trash Compactor was installed in the approved location. Initially, I suggested at the inspection that We get a copy of the key for the trash receptacle, however Hess is required to maintain in good repair all aspects of the public accessway, including but not limited to the trash receptacles, pursuant to DEP's Administrative Consent Order& Notice of Non Compliance File #ACOP-BO-09-6Y004, Part III, Section 8.B. So the City does NOT need a copy of the key as Hess is required to dispose of trash in the receptacle. I recommend that the Salem Conservation Commission does not issue a full Certificate of Compliance to Hess Corporation until the light base is appropriately secured to the light pole and until the exact City Standard Benches are installed. Frank Frank'raormina Planne'rJHarbor Coordinator Depachnentof Planning&Community Development Mj HallAnnex 120?Washington Street SaLem;Massachusetts m97o 978'.61g-5685(phone) 97j8-740-0404(fox) %wvv:salem.com ';r d 2/23/M 11 1 6^ayyu m ;✓ ��t ; k^' ,Yt ' '�' +.Y;y)j4 x v .x« t i � Ir "•�+. y r * IJomni'omr Dis Waterfront Di•,r•u.1 a• Salem MarirLnc House of 7 Gal,L Salem Fern 1 Harborwal" , F Visitor Center - t awwAml r � ..�p��"`• ,:gam.. - E . � �. i M, .wl► Y McIntire .�� Historic District Visitor Center r I y w � }iarbor,valk ! t IJ 1 jjy!gq�� i t JF ►y Y ; Ff. � �♦ h7�n R ti i F { - r l v V t ' it MI VY row%�� Vic 1" '± 1 1 II I F. Q I. sty Ri I iSd$�{`'. l�IId�NN I I�Nlltl�l�l'1i loll( nfl M1111.1"SBa�11 d0 Mimi ane�e...nunnnes:i1711II�Ifal�tllin{tm6iH�:�191�iiil�iluu�i4lfinilf!lIIIII1l�� s- lei < k .— .. B O H L E R 352 Turnpike Road Southborough, MA 01772 E N G I N E E R I N G FEB 2 2 2011 PHONE 508.480.9900 FAX 508.480.9080 DEPT OF PLIv1IlING K COMMU14I1Y DEVELOPMENT January 24,2011 Revised February 8, 2011 Revised February 17, 2011 Via Federal Express City of Salem Conservation Commission City Hall Annex- 120 Washington Street Salem, MA 01970 Attention: Tom Devine Conservation Commission Agent RE: Request for Certificate of Compliance DEP File#64-496 Hess Express Harborwalk 295 Derby Street Dear Mr. Devine: On behalf Amerada Hess Corporation, we would like Request a Certificate of Compliance for the Hess Express Harborwalk located at 295 Derby Street in Salem. Based on a final site construction observation conducted by Bohler Engineering and a review of the As- Built Plan prepared by Control Point Associates, Inc., revised through January 11, 2011, "I hereby certify that the work has been completed in general compliance with the conditions set forth in the approved Order of Conditions issued by the Salem Conservation Commission on May 27, 2010,and as shown on the approved site plan documents dated May 13, 2010." The following deviations from the Order of Conditions and approved site plan documents were noted as of the date of this letter: 1. Interpretive signs adjacent to harbor walk not installed(signs omitted at City's request). 2. Walk elevation of 114.0' as indicated on "Preliminary Harbor Walk Construction Detail" was shown for information purposes ONLY (to illustrate how Hess intended to add height to the sea wall in order to accommodate the elevations shown on the approved Grading Plan) and was not intended to represent actual design conditions. The "Grading Plan" prepared by Bohlen Engineering and subsequently approved by the Salem Conservation Commission, dictated final harbor walk grading/elevations along the Hess property. These elevations are consistent with the understanding reached with the DEP and the City of Salem Planning Department prior to submittal of the Notice of Intent. In addition, assuming the existing off-site harbor walk elevation is 10.4' NGVD (as indicated by Dave Knowlton in his email dated 2/11/2010),the near edge of the recently constructed Hess harbor walk was constructed at an elevation of 8.7' NGVD (as confirmed in the As-Built Plan referenced above), and the total distance between these two points is 14138 feet (as depicted on a "Land of Bradshaw Longmaid" plan obtained from the Registry of Deeds) the resulting harbor walk slope, should a connection be made,would be approximately 1.2%. OTHER OFFICE LOCATIONS: •Albany, NY •Ronkonkoma, NY •Warren, NJ •Center Valley, PA •Chalfont, PA • Phitadelphia, PA 518.438.9900 631.738.1200 908.668.8300 610.709.9971 2 15.99 6.9100 267.402.3400 •Towson, MD •Sterling, VA •Warrenton, VA •Bowie, MD • Fort Lauderdale, FL 410.821.7900 703.709.9500 540.349.4500 301.809.4500 954.202.7000 CIVIL AND CONSULTING ENGINEERS • SURVEYORS • PROJECT MANAGERS • ENVIRONMENTAL CONSULTANTS • LANDSCAPE ARCHITECTS www.BohlerEngineering.com BOHLER E N G I N E E R I N G As a result of the information noted above, the applicant respectfully requests that a Certificate of Compliance be issued. Should you have any questions, or require additional information, please do not hesitate to contact me at 508.480.9900. Very truly yours, �►resednnt� B-;�OHH®LER ENGINEERING P CH OF I4q V9 STEPHEN P tiN` o DeCDURSEY CIVIL N� o g° Stephen P. DeCoursey, P.E. q No. 36424q 4 Attachments ��FFGISTEVE �F TONAL ENG� cc: Andrew Lautenbacher,Amerada orporation Philip C. Lombardo,Jr., Esq. Frank Taormina, Harbor Coordinator Tom Devine,Conservation Agent 2 CIVIL AND CONSULTING ENGINEERS • PROJECT MANAGERS • SURVEYORS ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTS l CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PLANNING AND "�nms COMMUNITY DEVELOPMENT YjmsERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 LYNN GOONIN DUNCAN,AICP TELE:978-619-5685 ♦ FAX:978-740-0404 DIRECTOR September 1, 2010 Ben Lynch, Program Chief Waterways Program, Bureau of Resource Protection Department of Environmental Protection One Winter Street, 5`h Floor Boston, Massachusetts 02108 RE. Administrative Consent Order& Notice of Non Compliance—File#ACOP-BO-09-6Y004 Hess Corporation, 295 Derby Street Salem Mass. Dear Mr. Lynch: Pursuant to the above referenced Consent Order issued by MassDEP, Hess Corporation was required to perform a number of actions in order to come into compliance and avoid administrative penalties. Under III. Disposition and Order, Section 8A-8E, Hess was required to have a number of items reviewed and approved by the City of Salem Planning Department. Please accept this letter as proof that the Hess Corporation has designed all aspects of their Harborwalk to meet the City of Salem's Harborwalk Specifications and have complied with the following conditions outlined in the Consent Order concerning the City of Salem's review and approval: III. Disposition and Order 68.A: The Salem Planning Department approves the final plans titled "Preliminary Harborwalk Additon Plans (Sheets 1 - 7)prepaed by Bohler Engineering, stamped by Stephen P. DeCoursey, dated December 15, 2009"and the layout and elevations shown on "Preliminary Harborwalk Construction Detail(Sheet 1)prepared by North Shore Marine, Inc and Bohler Engineering, dated May 13, 2010". 111. Disposition and Order 48.B: The Salem Planning Department approves the open space and plantings shown on Sheet 6 of the above referenced plans, and the site furnishings shown on Sheet 7 of the above referenced plans, meet the City's Harborwalk Specifications and have also been approved by the City. J, III. Disposition and Order.68.C: The Salem Planning Department did not require that Hess install an interpretive sign panel on their Harborwalk, as the City already installed three interpretive sign panels on the recently completed South River Harborwalk and does not have any further historical information that it wants to disseminate at this time. Accordingly, the City respectfully requests that this condition be struck from the Consent Order and not be required. III. Disposition and Order 48.D: The Salem Planning Department received a contribution check of$5,000 from the Hess Corporation on October 6, 2009 and it was deposited into the City of Salem's South River Waterfront Activation Fund Account. Ill. Disposition and Order WE: The Salem Planning Department designed Hess's Harborwalk Access Sign so that it would meet the City's Citywide Directional Signage Program. Enclosed please find the City approved sign specifications. Hess Corporation is required to install this sign,. as designed, on Derby Street at the entrance to the accessway leading to their Harborwalk. Please note that the first page (Drawing 4)is intended to only to show the size and dimensions of the sign. The second and third page(Drawing 4A and 4B) show the exact text, symbols, and layout of the approved sign panels. As you may be aware, the City of Salem just completed a 1,200 linear foot long Harborwalk around the southern and western banks of the South River Basin on land owned by the City of Salem and National Grid. The construction of Hess's Harborwalk will mark the first Harborwalk segment constructed on the northern side of the river basin. The City is excited to see this privately constructed Harborwalk built in accordance with the City's Harborwalk Specifications, and will work with the abutting property owner; in the future to build out the northern side of the river so that the vision of the area is realized,as identified in the Salem Municipal Harbor Plan. Thank you for enforcing the conditions set forth in MGL Chapter 91 License #9727 and for allowing the City of Salem the ability to ensure that Hess Corporation builds this public accessway to meet our specifications. Should you have any questions or require any further information, please feel free to contact me directly at 978-619-5685 or via e-mail at ftaorminaesalem.com Sincerely, GGOt.k'�� Fvkink Taormina Planner/Harbor Coordinator CC: Andy Lautenbacher, Hess Corporation Attorney Phillip Lombardo, Jr (representing Hess Corporation) Lucien DiStejano, Bohler Engineering (representing Hess Corporation) Enclosures -2- smashkie Male Gisti MA 01536 SON.".. Client City of Salem Project New pedestrian 417 sIgnage Q.W,Rvfi) tessesselikes 42 210 daulkle faced Oluatinnuaa sign Panalkinal,masked and Planned graphics, neond IT IrntlarMs ED Sign post Insteps iMa reinforced...cirods finding:wt.th.iM 0 sign is IW. El El B..kg,..d M perch Salem Blue 0 aneond Teo Anrque Whas Mcldi,sfflop,MAP Block "ans, sgnaone Y. Sah"Peou", Tons, tisnes: WAspasn" 10AP,10 Aninsai, ".,,,Q [Or 9rpaclyn P"'nod 1.10 14 nin w casianb, KPIN 3/4' 1-0- Vann Dnivion,, A, wAr"I'Loss 4 CM WnMmll Onbl. DW Jumbum lip pa1M11bm Jowl w6h m W eM epntaa swwshhie ft iMM FeuMrvl.Mp.M9616 6.ephi[e.Mpsmbabbacter wph MR a, P. Bled ma abcoa. 1]t weft6ao 6oaa NonF Cwtlton MA DISM o 50BD393568 1/4"Tla[Y eLMNpM pleb SOBdl9 WA SST se6h bswdaa adpa .....wFlne,gn..9m 1/T mu ebeimm�pleb 'echeaub 0 ohm pipe IS 1/T Out 1 V6' wM muMMeapes Lr Ip"MMbd Blum w[tn rbOM Min pipe Client City of Salem �� aM phm wabaa ham bebM P 1"TumN elumbum polrt Project:New pedestrian T— SMevwva signage IMemN eYenMum Bleep. webNmineMe ofpon S"IPS S[heaub lophnnbbn aqn port Is Wlp beaept pant 2 Post To 6 Finial Derail Sn Fcr mum 1"b6 ebb[MiMo p'ryeaM BectFAwiT bou paeNm Now P.M.Fh hvuroeemry pllgwebearoapach ehlminum acceoa m polt m proreM moaemeM Deml AMuina 5116-16 SS TAM b bebw pnaa [i 6ppq.ea b.rabhMl IT ❑ .oawM n wuna 7"Db.IP Ne tlphonlwm-ig-pa El6ni+eana 4fuFmh aqn po Pailba BbeY ❑ 6eRei�r-- - IT 1 miot J.r.plain A _ 31R"Oie.IPS Schaub apMMnum - - aipnport[bin I rlanw< 4 sgnMun s.InL T' TRpe rebbrcea concbb loNlq �. raapwwal Aaor to f nw�raa - - m.bea n was ro IT rypieJ OL. M1- DOMar1e � 1' Fa moe�nnn lainn p Maw by RPN 6— IT 1112-aemil �31 A � 4Aslcwrtsc os samshine ,l,Weimwolb., MaM�G""m.M"015l6 o s0ld1959® r sd;111.19 .w..M,nme,4�.mm Client:City of Salem Project:New pedestrian signage ❑ "mwee ro.r,e.�nc� ❑ "wm.eanw,.a El . a� s 9Me Visitor cciiier s� OS.HS OS.HS Side A Side B o„ ae.+ree ii.M;o rM: r.+,ea mMq,o rn,Ogaia,lm 14A 19 SM YGp' Dw ", 4B COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the matter of: ) Hess Corporation ) File No.: ACOP-BO-09-6Y004 ADMINISTRATIVE CONSENT ORDER WITH PENALTY AND NOTICE OF NONCOMPLIANCE 1. THE PARTIES 1. The Department of Environmental Protection("Department"or"MassDEP")is a duly constituted agency of the Commonwealth of Massachusetts established pursuant to M.G.L. c. 21A, § 7. MassDEP maintains its principal office at One Winter Street, Boston, Massachusetts 02108. 2. Hess Corporation("Respondent")is a Corporation with a place of business at 295 Derby Street,Salem, MA,and its principal offices located at 1185 Aventie.of the Americas,New York, NY 10036. Timothy J. O'Connor, Vice President, Marketing and Refining,Real Estate is Respondent's representative. Respondent's mailing address for purposes of this Consent Order is Hess Corporation,Retail Real Estate Dept., One Hess Plaza, Woodbridge,NJ 07095. IL STATEMENT OF FACTS AND LAW 3. MassDEP is responsible for the implementation and enforcement of M.G.L. c. 91 and the Waterways Regulations at 310 CMR 9.00. MassDEP has authority under M.G.L. c. 21 A, § 16 and the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil administrative penalties to persons in noncompliance with the laws and regulations set forth above. 4. Respondent is a gas station located on filled tidelands. Respondent has a M.G.L. c. 91 License No. 9727. 5. The following facts and allegations have led MassDEP to issue this Consent Order: A. M.G.L. c. 91 and the Waterways Regulations at 310 CMR 9.00 regulate structures and their uses seaward of the historic high water mark. Hess Corporation gas station located at 295 Derby Street in Salem, MA(the"site"). The site is located In the Matter of: Hess Corporation Page 2 ACOP-BO-09-6Y004 seaward of the historic high water mark,on filled private tidelands and therefore requires a M.G.L. c. 91 License. B. The Waterways Regulations at 310 CMR 9.03(1),require authorization of structures as follows: "Written authorization in the form of a license,permit, or amendment thereto must be obtained from the Department before the commencement of one or more activities specified in 310 CMR 9.03(2) and (3) or 310 CMR 9.05 and located in one or more geographic areas specified in 310 CMR 9.04,unless the legislature has specifically exempted any such activity(ies) from Department jurisdiction under M.G.L. c. 91." C. The Department issued License No. 9727 (the"License")on May 30,2003. D. The Waterways Regulations at 310 CMR 9.08(4), state that the Department may issue Enforcement Orders requiring compliance with any regulation or with any condition of any license issued by the Department. According to 310 CMR 9.08(4), the employees of the Department may enter at reasonable hours upon any property subject to a license to inspect for compliance either prior to or following completion of construction of the authorized structure. E. On January 2, 2009 and on August 13,2009,Department staff visited the site. F. According to Special Condition No. 1 of the License, "the Licensee shall construct and maintain in good repair the following publicly accessible exterior amenities, as shown on the final license plans: a) a 10-foot wide unobstructed...multi-use waterfront pathway extending approximately 98 linear feet along the entire South River frontage of the site." According to the site visits, this waterfront pathway has not yet been constructed, in violation of the License, and Waterways Regulations at 310 CMR 9.08(4), 310 CMR 9.52(1) and 310 CMR 9.35(3)(b). G. According to Special Condition No. 1 of the License,"the Licensee shall construct and maintain in good repair the following publicly accessible exterior amenities, as shown on the final license plans: b) an approximately 2,500 square foot publicly-accessible landscaped open space area between the convenience store building and the shoreline, including pathways,benches, lighting,trash receptacles, and landscaping, as shown on the final license plans. The design of this open space shall be approved by the Salem Planning Department prior to construction." According to the site visits, this open space area has not yet been constructed, in violation of the License and the Waterways Regulations at 310 CMR 9.08(4) and 310 CMR 9.51(3)(d). H. According to Special Condition No. 2 of the License, "the Licensee shall install and maintain interpretive signage in the waterfront open space area in the vicinity of the building, as shown on the final license plans. Such interpretive signage In the Matter of: Hess Corporation Page 3 ACOP-BO-09-6Y004 shall be developed in conjunction with the Salem Planning Department, Conservation Commission, or Historic Commission, and/or other environmental or historical preservation organizations, and shall describe the history and/or ecology of the South River. A draft of the interpretive signage shall be submitted to the Department for its review and approval within one year of the issuance of this license." According to the site visits, no signage has been installed, in violation of the License and the Waterways Regulations at 310 CMR 9.08(4) and 310 CMR 9.35(5)(b). I. According to Special Condition No. 3 of the License, "the Licensee shall make a monetary contribution of$5,000.00 (five thousand dollars) to an account established by the City of Salem for the purposes of planning,programming, designing, constructing, and or/maintaining watersheet activation elements in the South River. The payment should be made prior to the issuance of the Certificate of Occupancy for the convenience store." According to the City of Salem Planning Departments records,no payment of the$5,000.00 has been made in violation of the License and the Waterways Regulations at 310 CMR 9.08(4). J. According to Special Condition No. 7 of the License, "the Licensee shall place and maintain in good repair signage of an adequate size to be clearly visible to pedestrians on Derby Street in the vicinity of the sidewalk leading to the waterfront open space. Unless otherwise specified by the City,said signage shall: notify the public of the availability of publicly accessible waterfront walkways and related facilities; state the hours of access; state that the walkways and other public amenities were required by the Department of Environmental Protection, specifically referring to the Waterways License number of the project, and the location on the site where a copy of the License may be inspected by the public. Prior to the placement of said signage, the Licensee shall submit a draft signage plan to the Department for its review and approval." According to the site visits, no signage has been installed, in violation of the License and the Waterways Regulations at 310 CMR 9,08(4)and 310 CMR 9.35(5)(b). K. According to Special Condition No. 8 of the License, "The publicly accessible pathways, open spaces, signage, and other exterior public amenities required herein shall be constructed, installed,and opened to the public prior to the issuance of the Certificate of Occupancy for the convenience store. The Licensee shall provide the Department with a copy of the Certificate of Occupancy within 15 days of its issuance." Although the gas station is fully operational, Respondent has not submitted a copy of the Certificate of Occupancy to the Department in violation of the License and the Waterways Regulations at 310 CMR 9.08(4). L. According to Special Condition No. 10 of the License, "the Licensee shall suitably screen any exterior dumpsters or trash receptacles..,so as to not be visible to pedestrians..." According to the site visits an exterior dumpster is visible to In the Matter of: Hess Corporation Page 4 ACOP-BO-09-6Y004 pedestrians in violation of the License and the Waterways Regulations at 310 CMR 9.08(4). M. According to Special Condition No. 12 of the License, "no...later than five years from the date of license issuance...the Licensee shall apply to the Department for a Certificate of Compliance pursuant to the Waterways Regulations, and provide the Department with an as-built plan stamped and signed by a registered professional engineer licensed to do business in the Commonwealth." The Respondent has not yet applied for a Certificate of Compliance and has not provided the Department with an as-built plan in violation of the License and the Waterways Regulations at 310 CMR 9.08(4) and 310 CMR 9.19. N. According to Special Condition No. 13 of the License,"All work authorized herein shall be completed within five(5) years of the date of License issuance" The Respondent has not yet completed the work required in the License, in violation of the License and the Waterways Regulations at 310 CMR 9.08(4). III. DISPOSITION AND ORDER For the reasons set forth above,MassDEP hereby issues, and Respondent hereby consents to, this Order: 6. The parties have agreed to enter into this Consent Order because they agree that it is in their own interests, and in the public interest, to proceed promptly with the actions called for ` herein rather than to expend additional time and resources litigating the matters set forth above. Respondent enters into this Consent Order without admitting or denying the facts or allegations y` set forth herein. However, Respondent agrees not to contest such facts and allegations for purposes of the issuance or enforcement of this Consent Order. 7. MassDEP's authority to issue this Consent Order is conferred by the Statutes and Regulations cited in Part II of this Consent Order. 8� Respondent shall perform the following actions: �A1Withln one year of the effective date of this Consent Order, Respondent shall comply with Special Condition No. I of the License and shall construct: a) a 10-foot wide unobstructed concrete multi-use waterfront pathway extending approximately 98 linear feet along the entire South River frontage of the site. Within three months of the effective date of this Consent Order, Respondent shall submit a plan of the design of the waterfiontpathway to Department and the Salem Plannin De t. Tff e esrg rs waterfront pathway shall a approved by the Department and the Salem Planning Department prior to construction, and built according to the design ' standards required by the Salem Planning Department. In the Matter o£ Hess Corporation Page 5 ACOP-BO-09-6Y004 Within one year of the effective date of this Consent Order,Respondent shall comply with Special Condition No. 1 and construct and maintain in good repair the following publicly accessible exterior amenities, as shown on the final license plans: an approximately 2,500 square foot publicly-accessible landscaped open space area between the convenience store building and the shoreline,including pathways, benches, lighting, trash receptacles, and landscaping, as shown on the final license plans. Within three months of the effective date of this Consent Order, Respondent shall submit a plan of the design of this open space to the Department and the Salem Planning Department. The design of this open space shall be approved by the Department and the Salem Planning Department prior to construction. COWithin one year of the effective date of this Consent Order,Respondent shall comply with Special Condition No. 2 of the License, and shall install and maintain interpretive signage in the waterfront open space area in the vicinity of the building, as shown on the final license plans. Such interpretive signage shall be developed in conjunction with the Salem Planning Department,Conservation Commission, or Historic Commission, and/or other environmental or historical preservation organizations, and shall describe the history and/or ecology of the South River. Within six months of the effective date of this Consent Order, and prior to the placement of said signage, a draft of the interpretive signage shall be submitted to the Department for its review and approval. OWithin 30 days of the effective date of this Consent Order,Respondent shall comply with Special Condition No. 3 of the License, and shall make a monetary contribution of$5,000.00(five thousand dollars)to an account established by the City of Salem for the purposes of planning,programming,designing, constructing, and or/maintaining watersheet activation elements in the South River. Respondent shall pay by certified check, cashier's check,or money order made payable to the City of Salem. Respondent should mail the payment to: Frank Taormina Planner/Harbor Coordinator Department of Planning&Community Development Salem City Hall Annex 120 Washington Street Salem, Massachusetts 01970 Simultaneously, Respondent shall submit documentation to the Department verifying that payment has been made. R Within one year of the effective date of this Consent Order, Respondent shall comply with Special Condition No. 7 of the License, and shall place and maintain in good repair signage of an adequate size to be clearly visible to pedestrians on Derby Street in the vicinity of the sidewalk leading to the waterfront open space. Within six months of the effective date of this Consent Order,and prior to the placement of In the Matter of: Hess Corporation Page 6 ACOP-BO-09-6Y004 said signage, the Licensee shall submit a draft signage plan to the City of Salem Planning Department and the Department for their review and approval. F. Within 30 days of the effective date of this Consent Order,Respondent shall comply with Special Condition No. 8 of the License and shall provide the PY P � Department with a copy of the Certificate of Occupancy. G. Within 30 days of the effective date of this Consent Order,Respondent shall comply with Special Condition No. 10 of the License, and shall suitably screen any exterior dumpsters or trash receptacles so they are not visible to pedestrians or neighboring residences. H. Within 14 months of the effective date of this Consent Order, Respondent shall comply with Special Condition No. 12 of the License and the Waterways Regulations at 310 CMR 9.19, shall apply to the Department for a Certificate of Compliance and provide the Department with an as-built plan stamped and signed by a registered professional engineer licensed to do business in the Commonwealth. I. Within one year of the effective date of this Consent Order, Respondent shall comply with Special Condition No. 13 of the License and all work authorized under the License shall be completed. J. Respondent shall comply with M.G.L. c. 91, the Department's Waterway Regulations thereunder at 310 CMR 9.00, and all License conditions, Respondent shall also comply with MG.L. c. 21 E and the Massachusetts Contingency Plan at 310 CMR 40.0000 and any other applicable regulations. Any subsequent violations of the License shall also be a violation of this Consent Order. 9. Except as otherwise provided,all notices,submittals and other communications required by this Consent Order shall be directed to: Ben Lynch,Program Chief Waterways Program Bureau of Resource Protection Department of Environmental Protection One Winter Street, P Floor Boston,Massachusetts 02108 Such notices, submittals and other communications shall be considered delivered by Respondent upon receipt by MassDEP. 10. Actions required by this Consent Order shall be taken in accordance with all applicable federal, state, and local laws, regulations and approvals. This Consent Order shall not be construed as, nor operate as,relieving Respondent or any other person of the necessity of complying with all applicable federal, state, and local laws,regulations and approvals. In the Matter of: Hess Corporation Page 7 ACOP-BO-09-6Y004 11. For purposes of M.G.L. c. 21A, § 16 and 310 CMR 5.00, this Consent Order shall also serve as a Notice of Noncompliance for Respondent's noncompliance with the requirements cited in Part II above. MassDEP hereby determines, and Respondent hereby agrees, that the deadlines set forth above constitute reasonable periods of time for Respondent to take the actions described. 12. Respondent shall pay to the Commonwealth the sum of twenty one thousand eight hundred eighty three dollars($21,883.00)as a civil administrative penalty for the violations identified in Part II above, as follows: A. Within thirty(30) days of the effective date of this Consent Order,Respondent shall pay to the Commonwealth Ten Thousand dollars($10,000.00); and B. MassDEP hereby agrees to suspend payment of the sum of eleven thousand eight hundred eighty three dollars($11,883.00);provided, however,that if Respondent violates any provision of Paragraph 8 of this Consent Order,or further violates any of the regulations cited in Part II above within five years of the effective date of this Consent Order, Respondent shall pay to the Commonwealth the remaining amount of eleven thousand eight hundred eighty three dollars($ 11,883.00) within thirty(30) days of the date MassDEP issues Respondent a written demand for payment. This paragraph shall not be construed or operate to bar,diminish, adjudicate,or in any way affect,any legal or equitable right of MassDEP to assess Respondent additional civil administrative penalties,or to seek any other relief, with respect to any future violation of any provision of this Consent Order or any law or regulation. 13. Respondent understands, and hereby waives,its right to an adjudicatory hearing before MassDEP on, and judicial review of,the issuance and terms of this Consent Order and to notice of any such rights of review. This waiver does not extend to any other order issued by the MassDEP. 14. This Consent Order may be modified only by written agreement of the parties hereto. 15. The provisions of this Consent Order are severable,and if any provision of this Consent Order or the application thereof is held invalid, such invalidity shall not affect the validity of other provisions of this Consent Order, or the application of such other provisions, which can be given effect without the invalid provision or application,provided however, that MassDEP shall have the discretion to void this Consent Order in the event of any such invalidity. 16. Nothing in this Consent Order shall be construed or operate as barring, diminishing, adjudicating or in any way affecting(i) any legal or equitable right of MassDEP to issue any additional order or to seek any other relief with respect to the subject matter covered by this Consent Order, or(ii) any legal or equitable right of MassDEP to pursue any other claim, action, suit, cause of action, or demand which MassDEP may have with respect to the subject matter covered by this Consent Order, including,without limitation,any action to enforce this Consent In the Matter of Hess Corporation Page 8 ACOP-BO-09-6Y004 Order in an administrative or judicial proceeding. Respondent reserves any rights it may have to appeal or defend any such order, claim, action, suit, cause of action,or demand, except that Respondent shall not challenge the validity, terms and binding nature of this Consent Order. Notwithstanding the foregoing,MassDEP agrees that it will not seek to assess Respondent civil administrative penalties beyond those assessed in this Consent Order for the violations identified in Part II above,provided that Respondent satisfies the terms and conditions of this Consent Order and any permit or approval issued hereunder. 17. This Consent Order shall not be construed or operate as barring, diminishing, adjudicating,or in any way affecting,any legal or equitable right of MassDEP or Respondent with respect to any subject matter not covered by this Consent Order. 18. This Consent Order shall be binding upon Respondent and upon Respondent's successors and assigns. Respondent shall not violate this Consent Order and shall not allow or suffer Respondent's directors,officers, employees, agents,contractors or consultants to violate this Consent Order. Until Respondent has fully complied with this Consent Order,Respondent shall provide a copy of this Consent Order to each successor or assignee at such time that any succession or assignment occurs. 19. In addition to the penalty set forth in this Consent Order(including any suspended penalty),if Respondent violates any provision of the Consent Order,Respondent shall pay stipulated civil administrative penalties to the Commonwealth in the amount of$1000 per day for each day, or portion thereof, each such violation continues. Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs and shall continue to accrue until the day Respondent corrects the violation or completes performance, whichever is applicable. Stipulated civil administrative penalties shall accrue regardless of whether MassDEP has notified Respondent of a violation or act of noncompliance. All stipulated civil administrative penalties accruing under this Consent Order shall be paid within thirty(30) days of the date MassDEP issues Respondent a written demand for payment. If simultaneous violations occur, separate penalties shall accrue for separate violations of this Consent Order. The payment of stipulated civil administrative penalties shall not alter in any way Respondent's obligation to complete performance as required by this Consent Order. MassDEP reserves its right to elect to pursue alternative remedies and alternative civil and criminal penalties which may be available by reason of Respondent's failure to comply with the requirements of this Consent Order. In the event MassDEP collects alternative civil administrative penalties, Respondent shall not be required to pay stipulated civil administrative penalties pursuant to this Consent Order for the same violations. Respondent reserves whatever rights it may have to contest MassDEP's determination that Respondent failed to comply with the Consent Order and/or to contest the accuracy of MassDEP's calculation of the amount of the stipulated civil administrative penalty. Upon exhaustion of such rights,if any,Respondent agrees to assent to the entry of a court judgment if such court judgment is necessary to execute a claim for stipulated penalties under this Consent Order. In the Matter of. Hess Corporation Page 9 ACOP-BO-09-6Y004 20. Respondent shall pay all civil administrative penalties due under this Consent Order, including suspended and stipulated penalties, by certified check, cashier's check, or money order made payable to the Commonwealth of Massachusetts. Respondent shall clearly print on the face of its payment Respondent's full name, the file number appearing on the first page of this Consent Order,and the Respondent's Federal Employer Identification Number, and shall mail it to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 3982 Boston, Massachusetts 02241-3982 In the event Respondent fails to pay in full any civil administrative penalty as required by this Consent Order,then pursuant to M.G.L. c. 21A, § 16, Respondent shall be liable to the Commonwealth for up to three(3)times the amount of the civil administrative penalty,together with costs,plus interest on the balance due from the time such penalty became due and attorneys' fees,including all costs and attorneys' fees incurred in the collection thereof. The rate of interest shall be the rate set forth in M.G.L. c. 231, § 6C. 21. Failure on the part of MassDEP to complain of any action or inaction on the part of Respondent shall not constitute a waiver by MassDEP of any of its rights under this Consent Order. Further,no waiver by MassDEP of any provision of this Consent Order shall be construed as a waiver of any other provision of this Consent Order. 22. To the extent authorized by the current owner, Respondent agrees to provide MassDEP, and MassDEP's employees,representatives and contractors, access at all reasonable times to the site for purposes of conducting any activity related to its oversight of this Consent Order. Notwithstanding any provision of this Consent Order,MassDEP retains all of its access authorities and rights under applicable state and federal law. 23. This Consent Order may be executed in one or more counterpart originals, all of which when executed shall constitute a single Consent Order. 24. The undersigned certify that they are fully authorized to enter into the terms and conditions of this Consent Order and to legally bind the party on whose behalf they are signing this Consent Order. 25. This Consent Order shall become effective on the date that it is executed by MassDEP. In the Matter of Hess Corporation Page 10 ACOP-BO-09-6Y004 Consented To: Hess Corporation By: Timothy J. 'Connor, Vice President, Marketing and Refining, Real Estate One Hess Plaza Woodbridge,New Jersey 07095 Federal Employer Identification No.: 134921002 Date: Issued By: DEPAR,TMfNT OF ENVm ONMENTAL PROTECTION Glenn Haas, Acting Assistant Commissioner Department of Environmental Protection Bureau of Resource Protection One Winter Street, 51h Floor Boston,MA 02108 Date: 1�cOM10IT4fp "P y CITY OF SALEM CONSERVATION COMMISSION June 1, 2010 Lucien M. DiStefano Bohler Engineering 352 Turnpike Road Southborough, Massachusetts 0 1772 Re: Order of Conditions—DEP #64496 295 Derby Street—Hess Gas Station Harborwalk—Salem, Massachusetts Dear Mr. DiStefano: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of June 7, 2010), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park, 45 Congress Street, Suite 4100, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As the attached Order of Conditions indicates, prior to any work commencing on site: 1. this Order must be recorded at the Registry of Deeds; 2. a sign displaying DEP File#64496 must be installed within public view, and g. contact the Conservation Agent at least 48 hours prior to any activity to schedule a Pre-Construction Meeting to inspect the erosion control measures and review the Order with the hired contractor. If you have any further questions, please feel free to contact me at 978-619-5685. Sincer y, Fr nk Taorm a PI nner/Harb r Coordinator Interim Conservation Agent Cc: DEP Northeast Regional Office Sent electronically to: Andy Lautenbacher, Hess Corp. Lucien DiStefano, Bohler Engineering . 1 �b IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2010060900124 BUSES P9,1 06/09/2010 11:23 CONDN P9 1/16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64496 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem CityTown A. General Information Important: Salem When filling 1.From: Conservation Commission out forms on the 2.This issuance is for a.®Order of Conditions b. Amended Order of Conditions computer, (check one): use only the tab key to 3. To: Applicant: move your cursor-do Andrew Lautenbacher not use the a.First Name b.Last Name return key. Amerada Hess Corporation c.Organization 1 Hess Plaza d.Mailing Address Woodbridge NJ 07095 e.City/Town f.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: 295 Derby Street Salem a.Street Address b.City/rown Map 34 Lot 442 c.Assessors Map/Plat Number d.ParceVLot Number Latitude and Longitude, if known: d. d 31'm10"s 70W d 53'm 31"s d.Latitude e.Longitude wpaform5.aoo rev.12123109 Page 1 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64-496 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ZEP Transaction# Salem City/rown A. General Information (cont.) a. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex County a.County b.Certificate Number(if registered land) 17202 244 c.Book d.Page 7.Dates: April 9, 2010 May 27 2010 May 27 2010 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Preliminary Harborwalk Additon Plans a.Plan Title Bohler Engineering Stephen P. DeCoursey b.Prepared By c.Signed and Stamped by December 15, 2009 1"= 10' d.Final Revision Date e.Scale Preliminary Harborwalk Construction Detail May 13, 2010 f.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. Po Prevention of Pollution d. ® Private Water Supply e. ® Fisheries I. ® Protection of Wildlife g. ® Groundwater Supply In. ® 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. Z 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. w af"S.doc• rev.12123/09 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 964.496 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 eDEP Transaction# Salem cityrrown B. Findings (cont.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 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.linearfeet b.linearfeet c.linearfeet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c!y dredged f.rly 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 wpaform5.doc• rev.12@3/o9 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64496 r WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem 0ity/rown B. Findings (cost.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4,677 g. ® Riverfront Area b.tot -a.total sq.feet b.total sq.feet 4,577 4,577 0 0 Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet i.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) lo. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c,dy dredged d.cly dredged z. El Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below yd 13. ❑ Coastal Beaches cu cu a.square feet b.square feet c.nourishment t d.nourishment cu cu yd 14. ❑ Coastal Dunes a."square b.square feet c.nourishment t d.nourishment 15. ❑ Coastal Banks a.linearfeet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a,square feet b.square feet c.rly dredged d.cry dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.c dredged b.cly dredged 21. ® Land Subject to 4,577 4,577 Coastal Storm a,square feet b,square feet Flowage wparavne.d.• rev.1MV09 Page 4 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands #64-496 WPA Form 5 — Order of Conditions MassDEP file# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/town B. Findings (cont.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b.square feet of salt marsh 23. ❑ Stream Crossing(s): a.number of new stream 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 unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 8. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. wpeform5AM• rev.1223199 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64496 # WPA Form 5 — Order of Conditions MassDEP File 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act(cont.) 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. in the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MassDEP") "Fite Number#64-496 11. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before MassDEP. 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 6A)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. wpaforma.dx• rev.1]23N9 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64-496 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransacrion# Salem citylrown 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(r)❑ 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: L all construction period BMPs have been removed orwill 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 b the MassDEP Stormwater Handbook ndbook 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, Y a signed and stamped b Registered 9 P 9 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. vryaform&dw- rev.12J23109 PeBe]of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 464496 /\A\ WPA Form 5 — Order of Conditions MassDEP File# [1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem City/rown 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; L)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and if.)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. wpalonn&d.- rev.1=109 Page 5 o112 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 964496 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e0EP 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. 1) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. 1) 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): Please refer to attachment wpaform5.d.• rev.122=9 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64.496 MassDEP File# r WPA Form 5 — Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ® No 2. The Salem hereby finds(check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ❑that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 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): vryafonn5.doc• rev,1223109 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands #64-496 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem Citylrown E. Signatures This Order is valid for three years, unless otherwise specified as a special May 27 2010 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. four(4) This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must b d by certified mail(return receipt requested)or hand delivered to the applicant.A copy also a a maile or hand delivered at the same time to the appropriate Department of Envnonme al Pro Regional Office, if not filing electronically,and the property owner,if different from appli an Signature(( I ❑ by hand delivery on ® by certified mail, return receipt requested, on June 10, 2010 Date Date F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(M.G.L. c. 131, §40), and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaf 5.dcc- rev.12/23109 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MessDEP: Bureau of Resource Protection -Wetlands #64-496 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown 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: 295 Derby Street #64-496 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: f—ssr-ti[ County p Bo k Page for: V`H2QAthA 1 rme1 LaePoZATI�,� Prop- rty Owner and has been noted in the chain of title of the affected property in: 29st s 1 Book Page In accordance with the Order of Conditions issued on: Ak- 1 76A0 Da ' 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 w Sfonnsdoc• rev.1223109 Page 12 of 12 Attachment to Order of Conditions#64-496 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE#64-496 Hess Gas Station, 295 Derby Street City of Salem, Massachusetts i ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Veinal 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 veinal 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 construction of a 10-foot wide concrete harborwalk along the South River Seawall and associated earthwork and landscaping,totaling 4,577 square feet of altered Land Subject to Coastal Storm Flowage. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-496, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, 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. Attachment to Order of Conditions# 64-496 e;` t Page 2of 5 y'WiT✓P 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 CUR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch. 21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter conditions)shall rule. 11, All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Preliminary Harborwalk Construction Details&Preliminary Harborwalk Addition Plans (Title) May 13 2010 and December 15 2009(respectively) (Dated) Bottler Enaineerin orth Shore Marine - Stephen P. DeCoursey,P.E (Signed and Stamped by) City of Salem Conservation Commission (On file ivith) 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 change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend r;s,+ Attachment to Order of Conditions# 64-496 _TS9 €,_ �a- Page 3of 5 1 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 I8. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 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 Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. 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 the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away fi-om 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 silt 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 8 de-waterin of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. Attaclunent to Order of Conditions#64-496 Page 4of 5 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 21A, 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. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: Attachment to Order of Conditions#64-496 r€ Page 5of 5 (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- "siructures"include,but are not limited to, all buildings,septic system components,wells, utility lines,fences,retaining walls, and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order; 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 Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. A Structural Engineer shall review and verify the observations made by North Sbore Maiine in the letter dated May 11, 2010 regarding the stivctural integrity of the South River seawall. Proof of verification shall be forwarded to the Commission prior to construction. 44, The Applicant shall address the two exposed drain pipes and several voids behind the seawall to stabilize the area prior to construction. 45. Woven filter fabric shall be installed behind the portion of reconstructed seawall so that soil fines will not continue to wash out of the granite stack seawall. 46. If the applicant needs to perform any work on either of the abutting properties, consent must be obtained from the abutting property owner prior to construction and proof of consent shall be forwarded to,the Commission. 47. Applicant shall submit an erosion control plan to the Conservation Agent for review and approval prior to construction. 48. All equipment and materials associated with the construction of the Harborwalk must be stockpiled outside of the buffer zone and all construction vehicles shall be equipped with emergency spill kits. SABBAGH ASSOCIATES, INC. 431 Mam Stree? SInrclultd 1 lgit:ecring Cgnsultants fitoncham. MA 02180 T&781-274 2,22' Fats: 791 279 2224 No entber 5. 2G10 Mr. Lucien M. DiStciano 13oh1cr F. gineering 352 -1 urn;pike Road So till thorough. %CIA 01772 Re: ).less Facility 289 Derby, Street. Salem. PdA harbor Walk Sidewalk Dmil Dear Mr DiSicfano. At request �%e have reviewed die proposed consurwWon of the Harbor Walk �acewalk as shown on the drat+inL Sheet lqutnber 1 dated Nl iy 1-1 2010 prepared by you, firm. This drawing references information provided b; -North Shore Marine, Inc.. and describes a revision to the sidewalk. Per this drawing the sidewalk will be elevated to be above the level oPthe existing seawall and a granite cap is added to the top of the semAall. In our opinion the construction described on this dratying is sttucturaily acceptable and does not advervoly affect the hvegrity- Cif the eximing scawall. II you Should require rur"rter inibemafion ply ise contact our office. loins1� �Q4YA6$u `tii.4 \7 ' Sabb<is i :Associates. Inc. Y License Agreement for Construction Access The License Agreement is entered into by and between Hess Corporation f/k/a Amerada Hess Corporation("Hess")and Beverly Financial Services LLC,Trustee of 289 Derby Street Realty Trust u/d/t dated July 25,2003("Derby Trust")as of the day of October,2010. i Whereas, Hess owns the land and buildings at 295 Derby Street,Salem, Massachusetts("Hess Property');and Whereas,Derby Trust owns the land at 289 Derby Street,Salem, Massachusetts(`Trust Property");and Whereas,Hess desires to make certain improvements to the back area of the Hess Property(the "Construction Area")in compliance with a Chapter 91 Waterways License and desires to access said area via a portion of the Trust Property;and Whereas, Derby Trust is willing to allow said access subject to the terms and conditions hereof. i i Now therefore,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Hess and Derby Trust hereby agree as follows: 1. Commencing on November 5,2010 and ending on December 10,2010(unless said period is extended in writing by Derby Trust)(the'Term"), Hess may cause its contractors and agents to enter onto the Access Area,as defined below,for the sole purpose of delivering material or moving construction equipment and machines to the Construction Area. Hess shall notify Derby Trust verbally, promptly followed up by e-mail transmission,at least 3 business days prior to the first such entry. Hess shall not sell, assignor otherwise transfer this License without the express written consent of Derby Trust,which may be withheld in Derby Trust's sole discretion. 2. Access shall be limited solely to the area shown as"Approximate Location of Proposed 20'Wide Temporary Access Area" (the"Access Area")on a plan entitled"Boundary&Topographic Survey Town&Country Homes, Inc.of New England" dated May 18, 2004,attached hereto and made part hereof. Hess agrees to remove only such areas of the fencing along the boundary of the Access Area as is necessary to allow its vehicles to enter the Access Area,and agrees to restore the fencing to prohibit entry to the Access Area no later than 9:00 p.m.each day. 3. Hess covenants and agrees, at its sole cost and expense,to indemnify,defend and hold Derby Trust harmless from and against any and all costs, losses,claims, demands,damages, liabilities, expenses and other obligations(including,without limitation,attorneys'fees,consultants'fees, experts'fees and court costs),to the extent they arise out of the acts or omissions of Hess or its agents or contractors,arising directly or indirectly from or out of,or as a result of any injury, damage, loss or liability occurring to any person, party or property using the Access Area for purposes of ingress,egress or otherwise accessing the Construction Area. The grant and existence of this License hereunder shall in no way obligate Derby Trust to use, repair,shovel snow or ice from,or otherwise maintain the Access Area for the benefit of Hess. Prior to the exercise of this License, Hess shall provide to Derby Trust evidence of satisfactory liability insurance carried by Hess(it being agreed that Hess may have the option to self insure)and by its general contractor,and as well as a Certificate of Insurance naming Derby Trust as an additional insured. i 4. Upon expiration or other termination of this Agreement, Hess shall restore the Access Area to at least as good a condition.as existing prior to the date hereof. S. Notice to the parties hereunder shall be to: If to Derby Trust,to: John McLaughlin, Esq. Bertuli&McLaughlin 42 School Street Boston, MA 02108 E-mail:jmclaughlin@bermac-law.com If to Hess,to: Andy Lautenbacher, Northern Permit Manager One Hess Plaza Woodbridge, NJ Phone:732-750-6192 E-mail:alautenbacher@hess.com 6. This Agreement shall not be recorded or filed in the applicable Registry of Deeds. Derby Trust acknowledges that Hess may be required to provide a copy of this Agreement to government officials in the event they require evidence of authority on the part of Hess or its contractor to utilize the Access Area for access to the Construction Area. This Agreement is intended to create a license for use only,and in no way is intended to confer an easement or other right in or to the Access Area. Notwithstanding anything contained herein to the contrary,in the event that Hess should breach any term of this Agreement then upon providing to Hess written notice thereof,should Hess fail to cure said breach within a reasonable period of time following such notice, Derby Trust shall have the right to terminate this Agreement. 7. This Agreement shall be binding upon and inure the successors and assigns of the parties hereto,is executed as a Massachusetts contract,and shall take effect as a sealed instrument as of the date set forth above. This Agreement may be executed in counterpart originals which, taken together,shall constitute one instrument. J i I ' Hess Corporation f/k/a Amerada Hess 289 Derby Street Realty Trust I Corporation By: Beverly Financial Services LLC,Trustee By: By: i , Hen 1 rtolon, Manager i HATMCIieMDocs\303.051\Hess license FINALdoc I i I ' i i i I i i No rth Shore Marine wcvcvbaree90.com 1 Jefferson Ave. Salem, MA 01970 Phone 978-745-8062 Fax 978-744-5809 Date: May 11, 2010 Andy Lautenbacher Northern Permit Manager,Hess Corp One Hess Plaza Woodbridge,NJ 07095 RE: Condition Survey of Seawall at Hess Facility located at 289 Derby St Salem MA On Thursday May 06, 2010, North Shore Marine Inc. conducted a limited survey and visual inspection of the existing granite seawall located at 289 Derby St in Salem, MA. The basis for this survey is to assess the structural integrity of the existing wall and provide remedial recommendations as required to support the proposed construction of a concrete walkway that will match the adjacent walkway installed as part of the City of Salem's "South River Harborwalk Project". Inspection Criteria: Land based observations were performed at low tide Inspection Observations: The existing granite wall is constructed of varying sizes of square and rectangular dry laid blocks possibly supported by piles. The age of the wall is not precisely known but the construction methods are consistent with those used in the early 1900's. The surveyor noted that the main body of the wall is in good condition with very little evidence of recent movement. The top course of cap stones located on the west side, appear to have shifted outboard by several inches probably due to previous site activities. The current top of wall elevation is approximately at EL. 12.00 +/- below FEMA 100 year flood mark of EL. 14.4 Recommendations : 1. The existing wall elevation should be raised to elevation 14.0 to minimize the impact of wash over and migration of fine soils from behind the wall. The preferred method to raise the elevation is to add a 12" to 16" course of granite on top of the existing cap and place the concrete walkway on top. 2. The capstones which have moved outboard should be reset to there original location and pinned as required. Continued North Shore Marine www.barpe9o.com I Jefferson Ave. Salem, MA 01970 Phone 978-745-8062 Fax 978-744-5809 Continued Recommendations : 3. Woven filter fabric should be placed behind the wall down to the elevation of the bottom of existing cap to minimize the migration of fines. 4. The wall should be inspected every couple of years and maintained as required Design Considerations: The attached design is based on the design being utilized by the City for the adjacent walkways. Please call should you have any questions or require additional information Sincerely Kevin Pelletier North Shore Marine Inc. NOTICE OF INTENT Proposed "Harborwalk Addition Project" Hess Express 295 Derby Street Map #34, Plat #442 Salem, MA. April 9, 2010 Applicant.• Amerada Hess Corporation 1 Hess Plaza Woodbridge, NJ 07095 Prepared By: Bohler Engineering 352 Turnpike Road Southborough, Massachusetts 01772 BEPC Project No. W010719.01 TABLE OF CONTENTS NOI FORM 3 FILING FEE DOCUMENTATION STORMWATER MANAGEMENT FORM NOTIFICATION TO ABBUTTERS PROJECT DESCRIPTION 1. INTRODUCTION 2. WETLAND RESOURCE AREA 3. STORMWATER MANAGEMENT 4. SUMMARY 5. OPERATIONS AND MAINTENANCE PLAN G. DRAINAGE CALCULATIONS ATTACHMENT A: Project Plans (Bound Separately) ATTACHMENT B: FEMA Map ATTACHMENT C: USGS Map NOTICE OF INTENT (FORM 3) Oil Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MasaDEP File Number al WPA Form 3 — Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 LSadumehtrransaalonNumber alem Cityfrown ImportantWhen filling out A. General Information forms on the conly omputer,ue tabkey 1. Project Location (Note: electronic filers will click on button to locate project site): to move your 295 Derby Street cursor-do not Salem 01970 use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: 42N31'10" 70W53'31" d.Latitude e.Longitude r Map 34 Lot 442 I.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Amerada Hess Corporation c/o Bohler Engineering Lucien Distefano a. First Name b.Last Name Note: Bohler Engineering Before c.Organization completing this form consult 352 Turnpike Road yourlocal d.Street Address Conservation Southborough MA 01772 Commission e.Cd frown regarding bylaw f.State 9 Zip code w 508 480-9900 508480-9080 distefano@bohlereng.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 Andrew Lautenbacher a.First Name b.Last Name Amerada Hess Corporation o.Organization 1 Hess Plaza d.Street Address Woodbridge NJ 07095 e.Cityfrown L State g.Zip Code 732-750-6192 alauternbacher@hess.com h.Phone Number i. Fax Number j.Email address 4. Representative (if any): Lucien Distefano a.First Name - b.Last Name Bohler Engineering c.Company 352 Turnpike Road d.Street Address Southborough MA 01772 e.Cityfrown f.State g.Zip Code 508-480-9900 508-480-9080 ldistefano@bohleren.g.com h.Phone Number i. Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $600 $237.50 $262,50 a.Total Fee Paid b.State Fee Paid c.Chyfrown Fee Paid wpaform3.doc•rev. 11/16/09 Page 1 of 8 III Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP Flle Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Cityrrown A. General Information (continued) 6. General Project Description; a Applicant is proposing to construct a 10'concrete walkway along the South River seawall located at the rear(south side)of the property. The proposed improvements are associated with the City of Salem Harbor Walk project and were included in an original NO) submitted May 7, 2002. Harbor Walk construction was not completed at that time due to delays related to the City's specifications 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: N/A 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex County a.County b.Certificate#(if registered land) 17202 244 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 a. ❑ Bank narrative 1.linear feet 2.linear feet explaining how b. 9 9❑ Bordering Vegetated the resource area was Wetland 1.square feet 2.square feel delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc rev.11116/09 Page 2 of 8 Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau Of Resource Protection -Wetlands MassDEP File Number ' WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary& permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any d. ® Bordering Land 4,577sf 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 South River 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: 4,577sf square feet 4. Proposed alteration of the Riverfront Area: 4,577sf 4,577sf N/A a.total square feet b.square feet within 100 ft. C.square feet between 1 00 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 feel 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 q 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet q 2.cubic yards dune nourishment wpaform3.doc•rev. i t116/09 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MagaDE.PFile Number = WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemntTransaclion Number alem cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) a 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)7 To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.qovidfweleldfN/nhespiregulatory review/ariorily habitatlonline viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of Not to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife NIA Route 135,North Drive It.Date of map Westborough, MA 01581 wpaform3.doc•rev.11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP He Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SacumentTranaaonen Number Salem Cityrrown C. Other Applicable Standards and Requirements (contrd) 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, MESA/Wetlands Protection Act review, please complete Section CAL, and Include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. if MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1, c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentegefacreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work**" (a)❑ Project description(including description of impacts outside of wetland resource area & bufferzone) (b) ❑ Photographs representative of the site. . (c)❑ MESA filing fee(fee information available at: htti)://www.mass.00v/dfvvele/dfw/nhesp/regulatory reviewlmesa/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 (a)❑ 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:/Iwww mass oov/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 htto://www mass oov/dfwele/dfw/nheso/nhesp htm,regulatory review tab). Priority Habitat includes habitat for state-listed pla nts nis 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. wpaformIdoc•rev. 11/16/09 Page 5 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: i3 Bureau of Resource Protection -Wetlands - q MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sacumenl Transectlan Number Salem Cityfrown 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 NOl 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- Soulheast Marine Fisheries Station North Shore Office Ann: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. ❑ 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 NIA 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 G. 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: I.❑ Single-family house wpaform3.doc•rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Document Number Salem Cityrrown C. Other Applicable Standards and Requirements (cont'd) 2.❑ Emergency road repair 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas D. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ® USGS or other map of the area(along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVW[replication area or other mitigating measure)relative to the boundaries of each affected resource area. 3. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. Preliminary Harbor Walk Addition Plans a.Plan Title Bohler Engineering Steve P. DeCoursey b.Prepared By c.Signed and Stamped by 12115/2009 1"= 10' 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. e.❑ 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. 0 Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpafoan3.doc•rev. 11/16/09 Page 7 of 8 Massachusetts Department of Environmental Protection POIYam?'" Bureau of Resource Protection - Wetlands 14 UT.'. D� [@ u hat WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 'mer, 0. Nu bed 1 Salem Cityrrown E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city,town, county, or district of 3 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: i .Municipal Check Number 3.Check dale , d1 C.State Check Number 5.Check date Bohler Engineering. _ 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 to 'o _ 9 Zaio 1.Signature of Applic Adcyamtc¢.ra Ar�EaLC 2.Datei 3.Signature of roperty er nq 4.Date 5.Signature of Rgpr sentati any) For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,two copies of the N01 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 i and the Instructions for additional submittal requirements. i 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. s i { wpaform3.doc•rev. 11/16/09 Page 8 of 8 FILING FEE DOCUMENTATION • Wetland Fee Transmittal Form • Copy of Application Fee Checks Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands N01 Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer,use .. only the tab key Amerada Hess Corp c/o Bohler Engineering Lucien DiStefano to move your a.First Name cursor-do not b. Last Name - use the return Bohler En. ineering key. c.Organizaton 352 Turnpike Rd Y e0� d.Marling Address Southborough MA 01772 e.City?own f.State g.Zip Code 508-480-9900 508-480-9080 Idistefano@bohleren .com h.Phone Number i.Faz Number f. Email Address 2. Property Owner(if different): Andrew Lautenbacher a.First Name b.Last Name Amerada Hess Corporation C.Organization 1 Hess Plaza d.Mailing Address Woodbridge NJ 07095 e.City/town I.State g.Zip Code 732-750-6192 alaueenbacher@hess.com h.Phone Number i.Fax Number I.Email Address 3. Project Location: 295 Derby Street (existing"Hess Express") Salem a.Street Address b.Cityrrown To calculate B. Fees filing fees,refer to the category fee list and The fee should be calculated using the following six-step process and worksheet. Please see examples in the Instructions before filling out worksheet: instructions for filling out WPA Ste 11T a of Activity: Form 3(Notice of p yP y: Describe each type of activity that will occur in wetland resource area and Intent). buffer zone. Step 21Number 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 511rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step S/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract $12.60. To calculate the city/town share of the fee, divide the total fee in half and add $12.50, Wpararm3 doc•WelleW Fee Tranwillal Finn•rev.2121008 Page 1 or 2 Massachusetts.Department of Environmental Protection Bureau of Resource Protection - Wetlands N01 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 2j. Other activity not specified 1 $500 ` $500 Step 51Total Project Fee: $500 Step 6/Fes Payments: Total Project Fee: $500 a.Total Fee from Step 5 State share of filing Fee; $237.50 b.112 Total Fee less$12.50 City/Town share of filling Fee: $262 c. 112 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston,MA 02211 b.) To the Conservation Commission:Send the Notice of Intent or Abbreviated Notice of Intenl;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 slate fee payment.(E-filers of Notices of Intent may submit these electronically.) WPaform3Aoc•Welland Fee Trenemiflal Form•rev.2121108 Page 2 of 2 STORMWATER MANAGEMENT FORM �I 1. Introduction The Stormwater Management System previously designed for and installed/operational at the existing Hess Express facility was designed to comply with the DEP Stormwater Management Policy to the maximum extent practicable. This policy, which was issued in March 1997 and revised in January of 2008, is designed "to protect the wetlands and waters of the Commonwealth from the adverse impacts of stormwater runoff'. The Stormwater Management Policy establishes nine (9) performance standards to control stormwater quality and quantity. These standards establish the level of required controls which can be achieved through the use of site planning, non-structural measures and Best Management Practices(BMP's). Standard 1. Untreated Stormwater: The project was designed so that new stormwater conveyances (outfalls/discharges) do not discharge untreated stormwater into, or cause erosion to, wetlands or waters. All stormwater runoff is pre-treated so that it meets the requirements set forth in Standards 2 through 9 to the maximum extent practicable. Structural BMP's utilized include hooded deep sump catch basins and Vortechnic Units. Non-structural BMP's include street sweeping and schedules structural BMP inspection&maintenance. Standard 2. Post-Development Peak Discharge Rates: Post-development peak discharge rates exceed pre-development rates on the site partia y due to the additional impervious area created by incorporating the City of Salem Harborwalk project as a part of the redevelopment. The increase in the peak rate is insignificant (0.14 CFS) due to the relatively low flows associated with the site which discharge directly to the South River prior to the River's reaching it's peak. The intent of this standard is met, in that there will be no greater risk in relating to downstream flooding as a result of this project Standard 3. Recharse to Groundwater: This project meets this standard's intent due to the influence of South River on the groundwater and the fact that groundwater flow and elevation at this location are primarily functions of the river's elevation and tidal action. Standard 4. Remove 80% Total Suspended Solids: The stormwater quality measures at the existing property includes street sweeping, hooded, deep sump catch basins and a Vortech unit. The existing BMP's are designed to remove approximately 86% of the post-development site's average annual load of Total suspended Solids (TSS). The existing stormwater improvements will not be impacted as a result of the proposed Harborwalk improvements. Standard 5. Land Uses with Higher Potential Pollutant Loads: This project contains a land use with a higher potential pollutant loading. The proposed d project will not alter the current use of the property and will result in positive improvements to the subject property. Standard 6. Protection of Critical Areas: This project does not contain critical areas with sensitive resources. Standard 7. Redevelopment Proiects: The scope of this project consists of the redevelopment of a portion of the site and will improve the degraded landscaping_ area located at the rear of the existing building. All aspects of the project comply with DEP's Stormwater Management Policy. Standard 8. Erosion and Sediment Controls: Erosion and sediment controls are incorporated into the Project design to prevent erosion, control sediment movement, and stabilize exposed soils. The current project design includes provisions for the use of silt fencing, staked hay bales, temporary sediment basins and a stabilized construction exit. Standard 9. Operation and Maintenance Plan: An Operation and Maintenance Plan has been develo ed and is attached to this NOI. It identifies the owner of the tormwater Management System, the parties responsible for operation and maintenance, and a schedule for long term system inspection and maintenance. 3 NOTIFICATION TO ABUTTERS • Notification 9 ' CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act & the City of Salem Wetlands Protection Ordinance A Public Hearing will be held at the City Hall Annex 120 Washington Street,Salem, MA 01970 at: 6 pm on April 22, 2010 To consider a.Notice of Intent Of Amerada Hess Corporation c/o Bohler Engineering For the property located at 295 Derby Street—Map 34;Lot 442 For proposed improvements on portion of the 0.4acre parcel to accommodate the City of Salem's pressed Harborwalk project This is a joint hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the Salem Wetlands Protection Ordinance and Regulations. Plans are available at the Department of Planning and Community Development at the City Hall Annex 120 Washington Street Salem, MA from 8 am- 4 pm Monday — Wednesday, 8 am -7 pm on Thursday, and 8 am- 12 pm on Friday. For information call the Conservation Agent at 978-619-5685. Note: Notice of the public hearing, including its date, time and place,will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing, including its date,time,place,will be posted on the Public Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance. Note: Please submit written comments to the Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 01970 by the public hearing date. Comments can also be emailed. Please contact the Conservation Agent at 978-619-5685 to confirm the proper email address. Note: You also may contact the Salem Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP call: Central Region: (508)792-7650 p Northeast Region: (978)694.3200 Southeast Region: (508)946-2714 Western Region: (413)784-1100 PROJECT DESCRIPTION 1. INTRODUCTION 2. WETLAND RESOURCE AREA 3. STORMWATER MANAGEMENT 4. SUMMARY 5. OPERATIONS AND MAINTENANCE PLAN 6. DRAINAGE CALCULATIONS 3 1. Introduction This Notice of Intent (NOI) is filed pursuant to G.L. Chapter 131, Section 40, the Massachusetts Wetlands Protection Act (WPA) and its implementing regulations, 310 CMR 10.00 and provisions of the Rivers Protection Act (Ch. 258 of the Acts of 1996). The NOI describes the proposed Harbor Walk Addition (the Project), its proposed activities within the 100-Year floodplain, the South River, riverfront area, and the proposed stormwater management system. The applicant proposes to redevelop a portion of a 0.40-acre parcel of land located at 295 Derby Street to accommodate the City of Salem's proposed Harborwalk project intended to bring increased activity on the waterside. Once constructed, the Harbor Walk will create new opportunities for the community to enjoy the water's edge while transforming the South River into a pleasant transition area. (Refer to the attached "Preliminary Harbor Walk Addition"plans for the location of the site redevelopment activities proposed. The site is presently occupied by an existing Hess Express gasoline facility which was constructed under a previous Notice of Intent dated 5/7/2002. Some of the permitted work, specifically the Harbor Walk Addition were part of the previous NO1 approval; however, said addition was never constructed as a result of delays related to the City's Harborwalk specifications. That being the case, the applicant is hopeful that the Permit Granting Authority will look favorably at this project based on it's merits as a public facility project intended to incorporate the City of Salem's Harborwalk project and complete construction activity previously proposed and approved in 2002. 3 2. Wetland Resource Areas 2.1 Overview Prior to siting and design of the Project components, on-site natural resources were investigated by Bohler Engineering, P.C. through a review of secondary data sources and field observations. 2.2 100-Year Floodplain The United States FEMA maps indicate the subject parcel is located within the Zone A boundary. A copy of the FEMA map is attached. The scope of the proposed work will not significantly impact floodpWn or result in any major displacement of floodwaters. 2.3 Rare Species and Habitats The Massachusetts Natural Heritage Atlas (2000-2001 Edition) was consulted and indicated the entire site is not within a mapped area of Estimated Habitat of Rare Wetlands Wildlife or a High Priority Site of Rare Species Habitat. 2.4 Riverfront Area The site is bound to the south by the South River which is protected by the Rivers Protection Act, is subject to tidal action, and is an estuary which flows to Salem Harbor. 2.5 Filled Tidelands Discussions with various City Officials and Review of Salem Historical Documents revealed that the site is a former/filled tidelands and subject to MA DEP Chapter 91 Waterways License requirements and was previously granted a Chapter 91 Waterways License (#9727) dated 5/30/2003. 3. Stormwater Management The stormwater management system for the project is designed to meet the nine (9) Stormwater Management Guideline Standards to the maximum extent practical. This task was performed by modeling runoff from the 2, 10, 25 and 100-year 24-hour storms. Computations were performed using the Rational Method(the calculations are attached at the end of this section). The table below summarizes the peak discharges for the existing condition and the proposed condition. 2-Year 10-Year 25-Year 100-Year Pre-development 1.26 1.59 1.80 2,22 Post-development 1.34 1.70 1.92 2.37 Difference 0.08 0.10 0.12 0.14 The proposed stormwater management system will increase peak flows leaving the site slightly, but will protect the quality of stormwater runoff after the development through the use of the designated Stormwater Management System and its adherence to the DEP Stormwater Management Policy. The intent of the Stormwater Management Policy is achieved by significantly increasing water quality (greater than 80% TSS removal), not increasing potential for downstream flooding (due to the proximity to South River the slight increase in the peak runoff is negligible as it occurs much sooner that the peak flows of South River), while groundwater recharge does not apply to this project as groundwater is directly influenced by South Rivers tidal action. Note that the remaining six (6) standards have been met as outlined in Form 3 of this report. 4. Summary In accordance with the WPA and Rivers Protection Act and their regulations, avoidance of natural resources such as wetlands and wildlife habitat has been a fundamental objective in design of the proposed Project. The following sections summarize the manner in which Project construction, mitigation, and stormwater management measures will ensure the Interests of the WPA will be protected. 4.1 Protection of the Interests of the WPA Under the Massachusetts Wetlands Protection Act and its implementing regulations (310 CMR 10.00) jurisdictional wetland areas are presumed to serve the following interests, unless proven otherwise: public or private water supply, groundwater supply, flood control, storm damage prevention, prevention of pollution, protection of fisheries, and protection of wildlife habitat. The proposed Project does not impact any jurisdictional wetland areas. This design is consistent with the provisions of the WPA and, in our opinion, will not adversely affect any Interests of the WPA as described below. Public&Private Water Supply/Groundwater Supply Wetlands, particularly BVW, are presumed to be locations where discharge and recharge of aquifers can occur, and are also sources of water used for base flow in surface and groundwater resources. As indicated in the Stormwater Management Report, the Project will not directly impact an wetland areas and will not cause significant alterations to watershed P Y g boundaries or drainage patterns. Stormwater quality measures include street sweeping, Vortech unit and hooded, deep- sump catch basins where removal of 0 oils and sediments can occur prior to discharge. Siltation fences will be used to control erosion and sedimentation near resource areas. Because of these measures, we feel confident there will be no adverse impa— cts to groundwater or supply. Flood Control/Storm Damage Prevention Wetland resources are presumed to serve to attenuate flooding impacts by confining floodwater during storm events (in the case of BVW, Bank, or Land under Water), by providing temporary storage for flood flows where vegetation may slow down the passage of floodwaters, and evaporation and transpiration may occur more readily. The site is located within the 100-Year flood zone A2; however, we are not proposing any wetland alterations and on-site drainage patters will have insignificantly minor changes to those currently occurring on the site. These measures will maintain the flood control and storm damage prevention functions of the Project area wetland resources. A stormwater management system design was developed and installed, as discussed in the "Drainage Calculations and Stormwater Management Plan". This design provides mitigation for the pre- development runoff rates versus the post-development rates to prevent downstream flooding. Stormwater management Structures and outfall structures_ will be accompanied by appropriate erosion control measures to prevent adverse_ impact to adjacent wetland areas. Prevention of Pollution Wetlands often contain organic soils that serve to detain and remove dissolved and particulate nutrients (such as nitrogen and phosphorus) and serve as traps for toxic substances. The plants within such areas also may have properties that aid in the prevention of pollution by taking up nutrients and toxins. Existing vegetation on banks can also provide for pollution prevention by stabilizing the soils and preventing downstream sedimentation. The proposed stormwater management features, along with other components (Best Management Practices) of the Project design, will minimize and/or prevent the introduction of pollutants into the wetland system and will be an improvement over the existing condition. The existing Stormwater management system treats site runoff and adheres to the DEP's Stormwater Management Regulations. Protection of Fisheries Wetlands, including Bank and Land Under Water, can serve to protect habitat through physical means such as shelter, and breeding areas as well as food sources. In this instance, the proposed work will not affect any resource currently serving this function. Protection of Wildlife Habitat Wetlands, especially wooded BVW, can possess features important for animal habitat. Sources of food, shelter, migratory and overwintering habitat, and breeding areas are some of the habitat functions provided by the BVW. The soil structure and plant community composition of these ecosystems can provide valuable habitat diversity for different species at differing times of the year. This project is not located within a mapped area of Estimated Habitat of Rare Wetlands Wildlife or a High Priority Site of Rare Species Habitat. As such, the proposed project will not impact wildlife habitat. a OPERATION/MAINTENANCE PLAN for the STORMWATER MANAGEMENT SYSTEM Amerada Hess Corporation Existing Hess Express 295 Derby Street Salem,Massachusetts MAINTENANCE OF ALL PARKING LOTS,DRIVEWAYS AND ON-SITE DRAINAGE SYSTEMS ON THE PROPERTY KNOWN AS 295 DERBY STREET(A.K.A. CITY OF SALEM ASSESSOR'S MAP#34,LOT#442),SALEM,MASSACHUSETTS SHALL BE THE RESPONSIBILITY OF THE HESS GASOLINE FACILITY OPERATORS (AMERADA HESS CORPORATION OR THEIR SUCCESSORS). THE IMPLEMENTATION OF THE FOLLOWING MAINTENANCE PROGRAM IS INTENDED TO ADEQUATELY MANAGE SEDIMENT INFILTRATION TO THE STORM WATER DRAINAGE SYSTEM. 1. ALL PARKING LOTS SHALL BE SWEPT TWO(2)TIMES PER YEAR(MINIMUM), BETWEEN THE DATES OF OCTOBER 1 AND JUNE 1 OF EACH YEAR. ALL SAND AND DEBRIS SHALL BE PROPERLY DISPOSED IF IN ACCORDANCE WITH ALL APPLICABLE FEDERAL,STATE,AND LOCAL REGULATIONS. 2. THE ON-SITE DRAINAGE SYSTEM CONSISTING OF ALL CATCH BASINS,VORTECH l\/ UNITS,AND OUTLETS SHALL BE INSPECTED TWICE ANNUALLY,AND CLEANED AND MAINTAINED AS NEEDED,BUT NOT LESS THAN TWO(2)TIMES PER YEAR. 3. PRIOR TO CLEANING CATCH BASINS,SAME SHALL BE INSPECTED FOR THE PRESENCE OF HYDROCARBONS AND ANY FOUND TO BE PRESENT SHALL BE REMOVED BY A LICENSED CONTRACTOR. 4. CLEANING OF CATCH BASINS SHALL INCLUDE THE REMOVAL AND PROPER DISPOSAL OF ALL SAND AND DEBRIS. SAND AND DEBRIS REMOVED SHALL BE PROPERLY DISPOSED OF IN ACCORDANCE WITH ALL APPLICABLE FEDERAL, STATE,AND LOCAL REGULATIONS. 5. CLEANING OF THE VORTECHS SYSTEM SHALL BE PERFORMED BY A VACUUM TRUCK AND SHALL INCLUDE THE REMOVAL AND PROPER DISPOSAL OF ALL SAND AND DEBRIS. MAINTENANCE OF THE VORTECH UNITS SHALL BE DONE IN ACCORDANCE WITH THE MANUFACTURES SPECIFICATIONS. 6. GRASS AND LANDSCAPED AREAS SHALL BE PROPERLY MAINTAINED. (, 7. AMERADA HESS CORPORATION(OR THEIR SUCCESSOR)SHALL MAINTAIN A MAINTENANCE LOG DOCUMENTING THE INSPECTION AND MAINTENANCE OF THE i rUry `\ DRAINAGE STRUCTURES UNDER ITS CONTROL. 8. SNOW STOCKPILES SHALL BE LIMITED TO THE PAVED SURFACE. SNOW REMOVAL WILL BE REQUIRED WHEN STOCKPILES INTERFERE WITH OPERATION \ OF THE FACILITY. THE REMOVAL AND DISPOSAL OF SNOW FROM THE FACILITY S SHALL BE IN ACCORDANCE WITH ALL LOCAL, STATE AND FEDERAL ORDINANCES,RULES,REGULATIONS AND LAWS. i SUMMARY OF DRAINAGE CALCULATIONS -------------------------------- PROJECT: AMERADA HESS CORPORATION DATE:4/9/10 Proposed Harborwalk Improvements LOCATION: 295 Derby Street City of Salem, Essex County, Massachusetts "C" before: Existing Site Condition Area(sf) % Coeff. Fract.Comp, Asphalt/Building 12010 68.2% 0.95 0.65 Grass/Landscaping 5503 31.8% 0.3 0.10 Total: 17603 100.00% "C"compos.= 0.74 "C" after: Proposed Site Condition Area (sf) % Coeff. Fract. Comp. Asphalt/Building 13503 76.7% 0.95 0.73 Grass/Landscaping 4100 23.3% 0.27 0.06 Total: 17603 100.00% "C" compos.= 0.79 tc= 5 min. (time of concentration- existing) tc= 5 min. (time of concentration- proposed) i= 4.2 in./hr. (2 yr storm intensity) i = 5.3 in./hr. (10 yr storm intensity) i = 6.0 in./hr. (25 yr storm intensity) i = 7.4 in./hr. (100 yr storm intensity) Determine Decrease in Runoff-Total Site: e 2 YR 10 YR 25 YR 100 YR "0"existing ="C"comp. x i x Area= 1.26 1.59 1,80 2.22 "0" proposed ="C" comp.x i x Area = 1.34 1.70 1.92 2.37 Net Increase in Runoff From Site = 0.08 0.10 0.12 0.14 Note:There will be a 7% Net Increase in the Runnoff Rate. e v RM ZON ZONE AZ 9Fs ym a APPROXIMATE SCALE 0 500 FEET h Z \ 9 F KEY TO MAP r9� s 1 � a ZONE sggx<..flaw eoaman-- . 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MA DEP Page 1 of 1 Public Access to Wetland Notices of Intern Search Criteria: Instructions Region: Northeast eDEP: File Notices and Find Region Orders Online City/Town:: SALEM tali• Start Date: 4/1/2010 rr l' End Date: 5/19/2010 LJJ Results er a e: "` P P 9 : 100 Search Clear I The search returned 1 result(s). Displaying 100 records per page. NCi#_File# Filing Applicant's Applicant's Location Company Region Town Comments Date First Name Last Name 064-0496 4/12/2010 . LUCIEN DISTEFANO 295 DERBY BOHLER NE SALEM In accordance with the Stormwater STREET ENGINEERING Management regulations(Chapter 1, pg.3)the Stormwater Mangement Standards shall apply to the maximum extent practicable to"footpaths, bikepaths and other paths for pedestrian and/or nonmotorized vehicle access."How is stormwater flow being handle from the boardwalk? 1 MassDEP Home ❑ Contact. 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