64-511 - 10 FRANKLIN STREET - CONSERVATION COMMISSION r......�.., _. ,., � r_r. .��..,_ ,.�,.�.m�..�.,R,_..�..e,.., .
)l -� - h���,Q
r�/)' �' � �l jvo�� QJ Vr-ro8
tMassachusetts Department of Environmental Protection Provided by MassDEP:
r
' Bureau of Resource Protection - Wetlands P MassDEP File Number
' WPA Form 3 — Notice of Intent 1
e Document Transaction Number
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
Important:When filling out A. General Information
forms on the
computer,use 1. Project Location (Note: electronic filers will click on button to locate project site):
only the tab key
to move your 8 - 10 Franklin Street Salem 01970
' cursor-do not a.Street Address b.CityTrown c.Zip Code
use the return
key. 42 32 17 70 53 48
Latitude and Longitude: d. Latitude e. Longitude
26 405 &406
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
Craig Burnham
a.First Name b.Last Name
Note: Fortunate Son Realty Trust
' Before c.Organization
completing this 14 Franklin Street
form consult
your local d. Street Address
Conservation Salem MA 01970
' Commission e.City/Town f.State g.Zip Code
regarding any 978 745-1788
municipal bylaw
or ordinance. h.Phone Number i. Fax Number j.Email Address
' 3. Property owner(required if different from applicant): ❑ Check if more than one owner
' a. First Name b. Last Name
c.Organization
td.Street Address
e.City/Town f.Slate g.Zip Code
' h. Phone Number i.Fax Number j.Email address
4. Representative (if any):
' Luke Fabbri
a. First Name b.Last Name
Geological Field Services Inc.
c.Company
156 Tremont Street
d. Street Address
Melrose MA 02176
e.City/Town f.State g.Zip Code
781 662-9800 lafabbri@verizon.net
h. Phone Number i.Fax Number j.Email address
' 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$500 $237.50 $262.50
' a.Total Fee Paid b. State Fee Paid c.CitylTown Fee Paid
' wpaform3.doc•rev. 11/16/09 Page 1 of 8
I ' Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands ' MassDEP File Number.
' WPA Form 3 — Notice of Intent 4r Document Transaction Number'
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' Salem
City/Town
A. General Information (continued)
' 6. General Project Description:
Removal of two small buildings, one shed, and one trailer. Removal of boat debris from former boat
' yard and spreading of 2-inches of gravel over 1/2 the property.
' 7a. Project Type Checklist:
1. ❑ Single Family Home 2. ❑ Residential Subdivision
' 3. ❑ Limited Project Driveway Crossing 4. ® Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry)
9. ❑ Transportation 10. ❑ Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal) or 310 CMR 10.53 (inland)?
' 1. ❑ Yes ® No If yes, describe which limited project applies to this project:
' 2.Limited Project
8. Property recorded at the Registry of Deeds for:
Essex
' a.County b.Certificate#(if registered land)
6918 154
c.Book d. Page Number
' B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering
' Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ® Inland Resource Areas (see 310 CMR 10.54-10.58, if not applicable, go to Section B.3,
Coastal Resource Areas).
' Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
' Resource Area Size of Proposed Alteration Proposed Replacement(if any)
For all projects
affecting other
Resource Areas, a. ❑ Bank 1. linear feet 2.linear feet
' please attach a b. ElBordering Vegetated
narrative
explaining how Wetland 1.square feet 2.square feet
the resource
' area was c. ❑ Land Under 1.square feet 2.square feet
delineated. Waterbodies and
Waterways
3.cubic yards dredged
wpaform3.doc•rev. 11/16/09 Page 2 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:' —
r
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent ;
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 1- - �'
' Salem
City/town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cuntrd)
' Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. ® Bordering Land 21,401 0
' Subject to Flooding 1.square feet 2.square feet
0 0
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
' North River
f. ® Riverfront Area 1. Name of Waterway(if available)
2.Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
' ❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
' 3. Total area of Riverfront Area on the site of the proposed project: 19,034
square feet
4. Proposed alteration of the Riverfront Area:
' 2,367 10,422 8,612
a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft.
' 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No
3. ® Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
' will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
' Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on your ^
receipt page) b. ❑ Land Under the Ocean 1.square feet
with all
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 feel 2.cubic yards beach nourishment
e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment
' wpaform3.doc•rev. 11/16/09 Page 3 of 8
' Massachusetts Department of Environmental Protection Provided by MassDEP:® -
Bureau of Resource Protection - Wetlands '
I MassDEP File Number 1
WPA Form 3 — Notice of Intent _ i
-
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number
Salem
' City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
' Size of Proposed Alteration Proposed Replacement(if any)
f. ❑ Coastal Banks 1. linear feet
g. ❑ Rocky Intertidal
Shores 1.square feet
' h. ❑ Salt Marshes 1.square feet 2.sq ft restoration, rehab.,creation
i. ❑ Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ Land Containing
Shellfish 1.square feet
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
' above
1.cubic yards dredged
' I. ® Land Subject to 21,401
Coastal Storm Flowage 1.square feet
4. ❑ Restoration/Enhancement
' If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
' a.square feet of BVW b.square feet of Salt Marsh
5. ❑ Project Involves Stream Crossings
' a. number of new stream crossings b.number of replacement stream crossings
C. Other Applicable Standards and Requirements
' Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
' 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
' http://www.mass.gov/dfwele/dfw/nhesp/requlatory review/priority habitat/online viewer.htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
L ' Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
2008 Route 135, North Drive
b. Date of map Westborough, MA 01581
wpaform3.doc•rev. 11/16/09 Page 4 of 8
' Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
'MassDEP File Number
WPA Form 3 — Notice of Intent I,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number ISalem
' City/Town
C. Other Applicable Standards and Requirements (cont'd)
' If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321
CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please
complete Section C.1.C, and include requested materials with this Notice of Intent (NOI); OR complete
' Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by
completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up
to 90 days to review(unless noted exceptions in Section 2 apply, see below).
1 1. c. Submit Supplemental Information for Endangered Species Review'
1. ❑ Percentage/acreage of property to be altered:
' (a)within wetland Resource Area percentage/acreage
(b) outside Resource Area percentage/acreage
2. ❑ Assessor's Map or right-of-way plan of site
' 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work""
' (a)❑ Project description (including description of impacts outside of wetland resource area &
bufferzone)
(b) ❑ Photographs representative of the site
(c)❑ MESA filing fee(fee information available at:
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm).
Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to
' NHESP at above address
Projects altering 10 or more acres of land, also submit:
' (d)❑ Vegetation cover type map of site
(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://wrww.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm;
the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to
I ' 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
' htti)://www.mass.gov/dfwele/dfw/nhesp/nhesi).htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
" MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are
' not required as part of the Notice of Intent process.
wpaform3.doc•rev. 11/16/09 Page 5 of 8
' Massachusetts Department of Environmental Protection Provided by MassDEP:_ - -
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -Salem - -'
CityrFown
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 NOI to either:
South Shore-Cohasset to Rhode North Shore- Hull to New Hampshire:
Island, and the Cape&Islands:
Division of Marine Fisheries- Division of Marine Fisheries-
' Southeast Marine Fisheries Station North Shore Office
Attn: Environmental Reviewer Attn: Environmental Reviewer
1213 Purchase Street-3rd Floor 30 Emerson Avenue
' New Bedford, MA 02740-6694 Gloucester, MA 01930
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
' online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
' transaction b.ACEC
number
(provided on your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
With
all
' supplementary a. ❑ Yes ® No
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Department. Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
' a. ❑ Yes ® No
' 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ® Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
' 1. ❑ Applying for Low Impact Development(LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ® A portion of the site constitutes redevelopment
' 3.❑ Proprietary BMPs are included in the Stormwater Management System.
' b. ❑ No. Check why the project is exempt:
1.❑ Single-family house
' wpaform3.doc•rev. 11/16/09 Page 6 of 8
' Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
1 WPA Form 3 — Notice of Intent F€
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ Document Transaction Number'
' Salem
City/Town
C. Other Applicable Standards and Requirements (cont'd)
' 2.❑ Emergency road repair
3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
' equal to 4 units in multi-family housing project)with no discharge to Critical Areas.
D. Additional Information
' Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page) for any of the
following information you submit to the Department.
' 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
' the boundaries of each affected resource area.
3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
' Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NOI.
' Plot Plan of Land In Salem Prepared for Burnham Associates
a.Plan Title
Hancock Survey Associates Inc.
' b. Prepared By c.Signed and Stamped by
5/03/10 1"=20'
d. Final Revision Date e.Scale
' Site Plan for NOI by Geological Field Services Inc. 8/24/2010
f.Additional Plan or Document Title g. Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
' 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
' 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. ® Attach NOI Wetland Fee Transmittal Form
9. ® Attach Stormwater Report, if needed.
wpaform3.doc•rev. 11/16/09 Page 7 of 8
Massachusetts Department of Environmental Protection �Pcry�rtda byMa0-sD P a
Bureau of Resource Protection -Wetlands
Ma"DEPFIe Number , 7,
WPA Form 3 -- Notice of Intent � 'r
Document Transaction hJumberg
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem w 4
' Cityrrown
E. Fees
1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
' Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form)to confirm fee payment:
1 Co q o-0
2. Municipal heck Number 3.Check date
de4.S;t�ate Check Number 5.Che�da ck te
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.V. c. 131, §40. Noticp must be made by Certificate of Mailing or in writing by hand
delivery or certifi mail (return receipt quested) to all abutters within 100 feet of the property line of the
project locatto .
1.Si nature A plic t 2. Date
' 3.Sign` re y ner i differ nt) 4. Dat
j 5.S' of Representative(if ny) 6.VaW
' For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two
I ' copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
' One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
I ' Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
' The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
' wpaform3.doc•rev. 11/16/09 Page 8 of 8
' Massachusetts Department of Environmental Protection
' Bureau of Resource Protection -Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' Important:When A. Applicant Information
filling out forms
' on the computer, 1. Applicant:
use only the tab
key to move your Craig Burnham
cursor-do not a. First Name b.Last Name
' use the return
key. Fortunate Son Realty Trust
c.Organization
V I LA 14 Franklin Street
d. Mailing Address
Salem MA 01970
�^ e. Cirylrown f.State g.Zip Code
' 978 745-1788
h.Phone Number i. Fax Number j.Email Address
2. Property Owner(if different):
' a. First Name b.Last Name
' c.Organization
d. Mailing Address
. ' e. Cify/rown f.State g.Zip Code
h.Phone Number i.Fax Number j.Email Address
' 3. Project Location:
8- 10 Franklin Street Salem
' a.Street Address b.City/Town
To calculate B. Fees
filing fees, refer
to the category The fee should be calculated using the following six-step process and worksheet. Please see
fee list and 9 9 P
' examples in the Instructions before filling out worksheet.
instructions for
tilling out WPA Form 3(Notice of Step t/Type of Activity: Describe each type of activity that will occur in wetland resource area and
' Intent), buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
' Step 311ndividual 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 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
' Wpaformldoc•Welland Fee Transmittal Fonn•rev.2121108 Page 1 of 2
' Massachusetts Department of Environmental Protection
' Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
t Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
Removal of Debris and spreading of 1 500 500
gravel for parking lot
1
1
' Step 5/Total Project Fee: 500
Step Wee Payments:
Total Project Fee: a.T
a.Total Fee from Step 5
State share of filing Fee: 237.50
' b. 1/2 Total Fee less$12.50
City/Town share of filling Fee: 262.50
c. 1/2 Total Fee plus$12.50
' C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
I ' Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
' To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent;a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
1
' WpaformIdoc•Welland Fee Transmittal Form•rev.2/21/08 Page 2 of 2
Enter your transmittal numberx235soo t
--:.,�.a,_,7TransrhittaitNumberr
' Your unique Transmittal Number can be accessed online: http://mass.gov/dep/service/online/trasmfrm.shtml
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
' 1. Please type or A. Permit Information
print.A separate
Transmittal Form WPA Form3 Notice of Intent
' must be completed 1.Permit Code:7 or 8 character code from permit instructions 2.Name of Permit Category
for each permit Removal of Debris and small buildings and spreading of gravel.
application.
- 3.Type of Project or Activity
2. Make your
Check payable to B. Applicant Information - Firm or Individual
the Commonwealth
of Massachusetts Fortunate Son Realty Trust
' and mail it with a 1.Name of Finn-Or,if party needing this approval is an individual enter name below:
copy of this form to: Burnham Craig
DEP,P.O.Box
4062,Boston,MA 2.Last Name of Individual 3. First Name of Individual 4.MI
02211. 14 Franklin Street
' 5.Street Address
3. Three copies of Salem MA 01970 978 745-1788
this forth will be 6.City/Town 7.State 8.Zip Code 9.Telephone# 10.Ext.#
needed.
Craig Burnham
' Copy 1 -the 11.Contact Person 12.e-mail address(optional)
original must
accompany your
permit application. C. Facility, Site or Individual Requiring Approval
' Copy 2 must
accompany your
fee payment. 1.Name of Facility Site Or Individual
Copy 3 should be 8- 10 Franklin Street
retained for your 2,Street Address
' records Salem MA 01970 978 745-1788
4. Both fee-paying 3.City/Town 4.State 5.Zip Code 6.Telephone# 7.Ext.#
and exempt
' applicants must 8.DEP Facility Number(if Known) 9.Federal I.D.Number(if Known) 10. BWSC Tracking#(if Known)
mail a copy of this
transmittal form to: D. Application Prepared by(if different from Section B)*
' P
P.O.Box 4062 Geological Field Services Inc.
P.O.Bo
Boston,MA 1.Name of Firm Or Individual
02211 156 Tremont Sr.
2.Address
' Melrose MA 02176 781662-9800
Note: 3.Cityrrown 4. 5.Siate Zip Code 6.Telephone# 7.Ext.
enter the LSP. #
For Bwsc nits, Luke Fabbri
' 8.Contact Person 9. LSP Number(BWSC Permits only)
E. Permit - Project Coordination
' 1. Is this project subject to MEPA review? ❑yes ® no
If yes,enter the project's EOEA file number-assigned when an
Environmental Notification Form is submitted to the MEPA unit:
EOEA File Number
' F. Amount Due
DEP Use Only Special Provisions:
' 1. ❑Fee Exempt(city,town or municipal housing authority)(state agency if fee is$100 or less).
Permit No: There are no fee exemptions for BWSC permits,regardless of applicant status.
2. ❑Hardship Request-payment extensions according to 310 CMR 4.04(3)(c).
Rec'd Date: 3. ❑Alternative Schedule Project(according to 310 CMR 4.05 and 4.10).
4. ❑ Homeowner(according to 310 CMR 4.02).
' Reviewer. 10899 237.50 11/23/2010
Check Number Dollar Amount Date
tr-fornw•rev. 1/07 Page 1 of 1
�,1 Y_ 10,899
Burnham Associates, Inc. Salm F1 6-
DREDGING&MARINE CONTRACTORS 210 Ea soar,SgT NA 01970
14 FRANKLIN STREET -
SALEM,MA 01970 53-7055-2113 -
(978)745.1788 11/23/2010
FAX(978)741-1984 -
PAY
TO THE
ORDER OF Commonwealth of Massachusetts ;
Two Hundred Thirty-Seven and 50/100""+"`
+++++++++++++„+,+,,,++++++++++++++++,+++„+,,,+,r„,w„r + DOLLARS
MEMO ��l'• 111 y�� �` _ ^,_�� r^ - I)I ' AUTHOPoZED SIGNATURE,
' 111O1O8991" 1: 2113705581: 08990106119112
BURNHAM ASSOCIATES, INC.
10899
,��1^�� 109.00
Burnham Associates, Inc. ScLlGiill'iVG� r._
DREDGING&MARINE CONTRACTORS .
14 FRANKLIN STREET 210Ea SUcct Sa[c MAO1970
SALEM,MA 01970 53.7055-2113 -
(978)vas-v8e 11/23/2010
FAX(978)741-1984
PAY _
TO THE
ORDER OF City of-Salem '•"`262 50
Two Hundred Sixty-Two and 50/100++0.+......++,+.++++,.+++..+++ ++++,+++++++++++,++,++++++++++,+++,+. , +s ,QOLLARS
' City of Salem
P.O. Box 4125 i
Woburn, MA 01888-4125 \ Q
Cf ,J
MEMO AUTHORIZED SIGNATURE
WPA Form 3-NOI -8-10 Franklin St,
00109000 1: 2 1 13 70 5 581: 08 9 90 10 6 4 911'
BURNHAM ASSOCIATES, INC.
1090C
City of Salem 11/23/2010
Date Type Reference Original Amt. Balance Due Discount Payment
I ' 1 1/2 312 01 0 Bill 262.50 262.50 262.50
Check Amount 262.50
I,
1
Salem Five -computer WPA Form 3 - NOI -8-10 Franklin St, 262.50
' PROJECT NARRATIVE
8-10 FRANKLIN STREET
SALEM,MASSACHUSETTS
A. INTRODUCTION
' On October 29, 2010, the Fortunate Son Realty Trust was issued a positive Determination
of Applicability and an Enforcement Order by the Salem Conservation Commission for
working in an Area Subject to Protection Under the Wetlands Protection Act(MGL
' Chapter 131, Section 40). The work included the removal of two small buildings, one
shed, one trailer, boat debris from a former boat yard and spreading of 2-inches of gravel
at 8-10 Franklin Street in Salem (see Figure 1 - Locus Map). The Fortunate Son Realty
Trust is submitting this Notice of Intent in response to the Determination of Applicability
and an Enforcement Order
' B. PROJECT BACKGROUND
The Fortunate Son Realty Trust purchased the property at 8 — 10 Franklin Street early this
year. The property had been used as a boat yard for decades and was covered with
' dilapidated boats, floats and other related debris. The property also had two small
buildings, a shed and a trailer that were in distressed condition. After purchasing the
' property the applicant proceeded to have all of debris removed including the buildings,
shed and trailer. In total (30) 30-cubic yards trailers of debris were removed for disposal
and recycling. After removing the debris the applicant spread 2-inches of crushed stone
' over the existing gravel from Franklin Street to approximately 75 feet from the existing
bulkhead.
' C. RESOURCE AREAS
Resource areas defined under the Wetlands Protection Act that are affected by this
project include Riverfront Area and Land Subject to Costal Storm Flowage. The total
' area of Riverfront Area is al9,034-square feet with 10,422 between mean high water and
the 100-foot buffer and 8,612 square feet between the 100-foot buffer and the 200-foot
buffer. The Bordering Land Subject to Flooding includes the entire property of
' approximately 21, 401 square feet. In this case the flooding is Coastal Storm Flowage.
D. PROJECT DESCRIPTION
t After purchasing the subject property the applicant removed all of the boats and debris
left by the former owner and the distressed buildings, shed and trailer. A total of(30) 30-
cubic yards trailers of debris were removed for disposal and recycling. The majority of
' the property was covered with gravel and broken up bituminous pavement. After
removing the debris the applicant spread approximately 100 tons of crushed stone from
Franklin Street to approximately 75-feet from the existing bulkhead. The stone layer is
' approximately 2-inches thick. A chain-link fence was then erected on three sides of the
property with an access gate on Franklin Street.
There has been no net loss of flood storage capacity or change in impervious surfaces at
the property as a result of the applicant actions.
E. PERMITING
This project is located in Resource Areas defined and protected under the Wetlands
Protection Act. The applicant should have submitted an NOI prior to implementing any
work at the property.
F. CONCLUSIONS
The work performed by the applicant required an Order-of-Conditions. The work could
have been permitted with appropriate conditions because it did not result in a loss of
flood storage capacity and it did not create any impermeable surfaces.
� 1
II ,
III
M F"W-Ln�p&iMLslWm�o M M M M M M
42-3220",70-55-24" 4203220",70052-21"
Street, Salem,MA 01970
Op
Ti
kk aim
YX
42030'37",70*55'24"NAD83 4203037",7005221
MN\tTN 0. 1/2 1 MILE
16%- 1000 0 1 000 2000 3000 4000 FEET
M j ---Printed @1998Wildffi�rPmductions(www.topo.com)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
1 Checklist for Stormwater Report
' A. Introduction
Important:when A Stormwater Report must be submitted with the Notice of Intent permit application to document
' filling out forms compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for
on the computer, the Stormwater Report which should provide more substantive and detailed information but is offered
use only the tab P ( P )
key to move your here as a tool to help the applicant organize their Stormwater Management documentation for their
cursor-do not Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist,
' use the return the Stormwater Report must contain the engineering computations and supporting information set forth in
key. Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and
certified by a Registered Professional Engineer(RPE) licensed in the Commonwealth.
' The Stormwater Report must include:
• The Stormwater Checklist completed and stamped by a Registered Professional Engineer(see
' page 2) that certifies that the Stormwater Report contains all required submittals.' This Checklist
is to be used as the cover for the completed Stormwater Report.
• Applicant/Project Name
• Project Address
' • Name of Firm and Registered Professional Engineer that prepared the Report
• Long-Term Pollution Prevention Plan required by Standards 4-6
• Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required
' by Standard 82
Operation and Maintenance Plan required by Standard 9
In addition to all plans and supporting information, the Stormwater Report must include a brief narrative
' describing stormwater management practices, including environmentally sensitive site design and LID
techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are
required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types,
' critical areas, Land Uses with Higher Potential Pollutant Loads(LUHPPL), and any areas on the site
where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for
both existing and proposed conditions at a scale that enables verification of supporting calculations.
' As noted in the Checklist, the Stormwater Management Report shall document compliance with each of
the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The
soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the
' Massachusetts Stormwater Handbook.
To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report
Checklist by checking the box to indicate that the specified information has been included in the
' Stormwater Report. If any of the information specified in the checklist has not been submitted, the
applicant must provide an explanation. The completed Stormwater Report Checklist and Certification
must be submitted with the Stormwater Report.
t 'The Stormwater Report may also include the 1 Ili cd Discharge Compliance Statement required by Standard 10. If not included in
the Stormwater Report,the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to
the post-construction best management practices.
' 2 For some complex projects,it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in
the Stormwater Report. In that event,the issuing authority has the discretion to issue an Order of Conditions that approves the
project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan
before commencing any land disturbance activity on the site.
swcheck[l]•04/01/08 Stormwater Report Checklist•Page 1 of 8
1
1 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
1 Checklist for Stormwater Report
1 B. Stormwater Checklist and Certification
The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily
1 need to be addressed in a complete Stormwater Report. The checklist is also intended to provide
conservation commissions and other reviewing authorities with a summary of the components necessary
for a comprehensive Stormwater Report that addresses the ten Stormwater Standards.
1 Note: Because stormwater requirements vary from project to project, it is possible that a complete
Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is
determined that a specific item does not apply to the project under review, please note that the item is not
1 applicable(N.A.) and provide the reasons for that determination.
A complete checklist must include the Certification set forth below signed by the Registered Professional
1 Engineer who prepared the Stormwater Report.
Registered Professional Engineer's Certification
1 I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution
Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long-
term Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement(if
included) and the plans showing the stormwater management system, and have determined that they
1 have been prepared in accordance with the requirements of the Stormwater Management Standards as
further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the
information presented in the Stormwater Checklist is accurate and that the information presented in the
1 Stormwater Report accurately reflects conditions at the site as of the date of this permit application.
Registered Professional Engineer Block and Signature
1
1
1
1 Signature and Date
1 Checklist
Project Type: Is the application for new development, redevelopment, or a mix of new and
1 redevelopment?
❑ New development
1 ® Redevelopment
❑ Mix of New Development and Redevelopment
swcheck[1]•04/01/08 Stormwater Report Checklist•Page 2 of 8
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
' Checklist (continued)
LID Measures: Stormwater Standards require LID measures to be considered. Document what
' environmentally sensitive design and LID Techniques were considered during the planning and design of
the project:
' ❑ No disturbance to any Wetland Resource Areas
❑ Site Design Practices (e.g. clustered development, reduced frontage setbacks)
' ❑ Reduced Impervious Area (Redevelopment Only)
' ❑ Minimizing disturbance to existing trees and shrubs
❑ LID Site Design Credit Requested:
' ❑ Credit 1
❑ Credit 2
' ❑ Credit 3
' ❑ Use of"country drainage' versus curb and gutter conveyance and pipe
❑ Bioretention Cells(includes Rain Gardens)
' ❑ Constructed Stormwater Wetlands (includes Gravel Wetlands designs)
❑ Treebox Filter
' ❑ Water Quality Swale
❑ Grass Channel
' ❑ Green Roof
' ® Other(describe):
No Change to existing stormwater runoff.
' Standard 1: No New Untreated Discharges
® No new untreated discharges
' ❑ Outlets have been designed so there is no erosion or scour to wetlands and waters of the
Commonwealth
' ❑ Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included.
swcheck[11•04/01/08 Stormwater Report Checklist•Page 3 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
' Standard 2: Peak Rate Attenuation
® Standard 2 waiver requested because the project is located in land subject to coastal storm flowage
and stormwater discharge is to a wetland subject to coastal flooding.
❑ Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour
storm.
❑ Calculations provided to show that post-development peak discharge rates do not exceed pre-
development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site
flooding increases during the 100-year 24-hour storm, calculations are also provided to show that
post-development peak discharge rates do not exceed pre-development rates for the 100-year 24-
' hour storm.
Standard 3: Recharge
' ❑ Soil Analysis provided.
❑ Required Recharge Volume calculation provided.
' ❑ Required Recharge volume reduced through use of the LID site Design Credits.
' ❑ Sizing the infiltration, BMPs is based on the following method: Check the method used.
❑ Static ❑ Simple Dynamic ❑ Dynamic Field'
❑ Runoff from all impervious areas at the site discharging to the infiltration BMP.
❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations
' are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to
generate the required recharge volume.
❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume.
t ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum
extent practicable for the following reason:
' ❑ Site is comprised solely of C and D soils and/or bedrock at the land surface
❑ M.G.L. c. 21 E sites pursuant to 310 CMR 40.0000
❑ Solid Waste Landfill pursuant to 310 CMR 19.000
❑ Project is otherwise subject to Stormwater Management Standards only to the maximum extent
practicable.
❑ Calculations showing that the infiltration BMPs will drain in 72 hours are provided.
' ❑ Property includes a M.G.L. c. 21 E site or a solid waste landfill and a mounding analysis is included.
80%TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used.
swcheck[l1•04/01108 Stormwater Report Checklist•Page 4 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
' Standard 3: Recharge (continued)
❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10-
year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding
' analysis is provided.
❑ Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland
resource areas.
' Standard 4: Water Quality
The Long-Term Pollution Prevention Plan typically includes the following:
• Good housekeeping practices;
Provisions for storing materials and waste products inside or under cover;
• Vehicle washing controls,
' • Requirements for routine inspections and maintenance of stormwater BMPs;
• Spill prevention and response plans;
Provisions for maintenance of lawns, gardens, and other landscaped areas;
' • Requirements for storage and use of fertilizers, herbicides, and pesticides;
• Pet waste management provisions;
• Provisions for operation and management of septic systems;
• Provisions for solid waste management;
' • Snow disposal and plowing plans relative to Wetland Resource Areas;
• Winter Road Salt and/or Sand Use and Storage restrictions;
• Street sweeping schedules;
' • Provisions for prevention of illicit discharges to the stormwater management system;
Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the
event of a spill or discharges to or near critical areas or from LUHPPL;
' • Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan;
• List of Emergency contacts for implementing Long-Term Pollution Prevention Plan.
❑ A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an
' attachment to the Wetlands Notice of Intent.
❑ Treatment BMPs subject to the 44%TSS removal pretreatment requirement and the one inch rule for
calculating the water quality volume are included, and discharge:
' ❑ is within the Zone II or Interim Wellhead Protection Area
❑ is near or to other critical areas
' ❑ is within soils with a rapid infiltration rate (greater than 2.4 inches per hour)
❑ involves runoff from land uses with higher potential pollutant loads.
' ❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits.
❑ Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if
' applicable, the 44%TSS removal pretreatment requirement, are provided.
t
swcheck[1 1•04/01/08 Stormwater Report Checklist•Page 5 of 8
iMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
1 Checklist for Stormwater Report
1 Checklist (continued)
1 Standard 4: Water Quality (continued)
❑ The BMP is sized (and calculations provided) based on:
1 ❑ The Ys' or 1"Water Quality Volume or
❑ The equivalent flow rate associated with the Water Quality Volume and documentation is
provided showing that the BMP treats the required water quality volume.
1 ❑ The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary
BMP and proposed TSS removal rate is provided. This documentation may be in the form of the
1 propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook
and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying
performance of the proprietary BMPs.
1 ❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing
that the BMPs selected are consistent with the TMDL is provided.
Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs)
1 ❑ The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution
Prevention Plan (SWPPP) has been included with the Stormwater Report.
❑ The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior
1 to the discharge of stormwater to the post-construction stormwater BMPs.
❑ The NPDES Multi-Sector General Permit does not cover the land use.
1 ❑ LUHPPLs are located at the site and industry specific source control and pollution prevention
measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow
melt and runoff, and been included in the long term Pollution Prevention Plan.
1 ❑ All exposure has been eliminated.
❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list.
1 ❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and
grease (e.g. all parking lots with >1000 vehicle trips per day) and the treatment train includes an oil
1 grit separator, a filtering bioretention area, a sand filter or equivalent.
Standard 6: Critical Areas
1 ❑ The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP
has approved for stormwater discharges to or near that particular class of critical area.
❑ Critical areas and BMPs are identified in the Stormwater Report.
1
1
1
swcheck[i]•04/01/08 Stormwater Report Checklist•Page 6 of 8
i
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
' Checklist (continued)
Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum
' extent practicable
❑ The project is subject to the Stormwater Management Standards only to the maximum Extent
Practicable as a:
' ❑ Limited Project
❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development
' provided there is no discharge that may potentially affect a critical area.
❑ Small Residential Projects: 24 single family houses or 2-4 units in a multi-family development
with a discharge to a critical area
❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected
' from exposure to rain, snow, snow melt and runoff
❑ Bike Path and/or Foot Path
' ® Redevelopment Project
❑ Redevelopment portion of mix of new and redevelopment.
' ❑ Certain standards are not fully met(Standard No. 1, 8, 9, and 10 must always be fully met) and an
explanation of why these standards are not met is contained in the Stormwater Report.
❑ The project involves redevelopment and a description of all measures that have been taken to
' improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found
in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that
the proposed stormwater management system (a) complies with Standards 2, 3 and the pretreatment
' and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b)
improves existing conditions.
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
' A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the
following information:
t • Narrative;
• Construction Period Operation and Maintenance Plan;
• Names of Persons or Entity Responsible for Plan Compliance,
• Construction Period Pollution Prevention Measures;
• Erosion and Sedimentation Control Plan Drawings,
Detail drawings and specifications for erosion control BMPs, including sizing calculations;
• Vegetation Planning;
' • Site Development Plan;
• Construction Sequencing Plan;
• Sequencing of Erosion and Sedimentation Controls;
' • Operation and Maintenance of Erosion and Sedimentation Controls;
• Inspection Schedule;
• Maintenance Schedule;
' . Inspection and Maintenance Log Form.
❑ A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing
the information set forth above has been included in the Stormwater Report.
swcheck(1]•04/01/08 Storrnwater Report Checklist•Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
' Checklist (continued)
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
' (continued)
❑ The project is highly complex and information is included in the Stormwater Report that explains why
it is not possible to submit the Construction Period Pollution Prevention and Erosion and
' Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and
Erosion and Sedimentation Control has not been included in the Stormwater Report but will be
submitted before land disturbance begins.
' ❑ The project is not covered by a NPDES Construction General Permit.
❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the
' Stormwater Report.
❑ The project is covered by a NPDES Construction General Permit but no SWPPP been submitted.
The SWPPP will be submitted BEFORE land disturbance begins.
' Standard 9: Operation and Maintenance Plan
❑ The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and
includes the following information:
' ❑ Name of the stormwater management system owners;
' ❑ Party responsible for operation and maintenance;
❑ Schedule for implementation of routine and non-routine maintenance tasks,
' ❑ Plan showing the location of all stormwater BMPs maintenance access areas;
❑ Description and delineation of public safety features;
' ❑ Estimated operation and maintenance budget; and
❑ Operation and Maintenance Log Form.
' ❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater
Report includes the following submissions:
' ❑ A copy of the legal instrument(deed, homeowner's association, utility trust or other legal entity)
that establishes the terms of and legal responsibility for the operation and maintenance of the
project site stormwater BMPs;
' ❑ A plan and easement deed that allows site access for the legal entity to operate and maintain
BMP functions.
Standard 10: Prohibition of Illicit Discharges
' ❑ The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges;
' ❑ An Illicit Discharge Compliance Statement is attached;
ElNO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of
any stormwater to post-construction BMPs.
swcheck[1]•04/01/08 Storrnwater Report Checklist•Page 8 of 8
STORMWATER REPORT
8-10 FRANKLIN STREET
' SALEM,MASSACHUSETTS
A. INTRODUCTION
On October 29, 2010,the Fortunate Son Realty Trust was issued a positive Determination
of Applicability and an Enforcement Order by the Salem Conservation Commission for
working in an Area Subject to Protection Under the Wetlands Protection Act(MGL
' Chapter 131, Section 40). The work included the removal of two small buildings, one
shed, one trailer, boat debris from a former boat yard and spreading of 2-inches of gravel
' at 8-10 Franklin Street in Salem (see Figure 1 - Locus Map). The Fortunate Son Realty
Trust is Stormwater Report in support of the Notice of Intent submitted in response to the
Determination of Applicability and an Enforcement Order
' B. PROJECT BACKGROUND
The Fortunate Son Realty Trust purchased the property at 8 — 10 Franklin Street early this
' year. The property had been used as a boat yard for decades and was covered with
dilapidated boats, floats and other related debris. The property also had two small
buildings, a shed and a trailer that were in distressed condition. After purchasing the
' property the applicant proceeded to have all of debris removed including the buildings,
shed and trailer. In total (30) 30-cubic yards trailers of debris were removed for disposal
and recycling. After removing the debris the applicant spread 2-inches of crushed stone
' over the existing gravel from Franklin Street to approximately 75 feet from the existing
bulkhead.
' C. RESOURCE AREAS
Resource areas defined under the Wetlands Protection Act that are affected by this
project include Riverfront Area and Land Subject to Costal Storm Flowage. The total
' area of Riverfront Area is al9,034-square feet with 10,422 between mean high water and
the 100-foot buffer and 8,612 square feet between the 100-foot buffer and the 200-foot
buffer. The Bordering Land Subject to Flooding includes the entire property of
approximately 21, 401 square feet. In this case the flooding is Coastal Storm Flowage.
D. PROJECT DESCRIPTION
' After purchasing the subject property the applicant removed all of the boats and debris
left by the former owner and the distressed buildings, shed and trailer. A total of(30) 30-
cubic yards trailers of debris were removed for disposal and recycling. The majority of
' the property was covered with gravel and broken up bituminous pavement. After
removing the debris the applicant spread approximately 100 tons of crushed stone from
Franklin Street to approximately 75-feet from the existing bulkhead. The stone layer is
' approximately 2-inches thick. A chain-link fence was then erected on three sides of the
property with an access gate on Franklin Street.
' There has been no net loss of flood storage capacity or change in impervious surfaces at
the property as a result of the applicant actions.
II 1
' E. STORMWATER
This project did not involve any soil excavation, dewatering, or creation of impervious
surfaces. There have been no changes to the property's stormwater runoff characteristics
or creation of any point source discharges.
F. CONCLUSIONS
No engineering work was required for this project to comply with the Stormwater
Management Standards.
1
1
1
1
i
1
3 ,ab CITY OF SALEM
CONSERVATION COMMISSION
July 27, 2012
Luke Fabbri
Geological Field Services, Inc.
14 Hubon Street
Salem, MA 01970
Re: Certificate of Compliance DEP #64-511— 8 & 10 Franklin Street
Dear Mr. Fabbri:
Enclosed, please find the Certificate of Compliance for the above-referenced property.
This Document must be recorded at the Essex County Registry of Deeds. Please till 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
Enclosure
CC: Craig Burnham, Fortunate Son Realty Trust
DEP Northeast Regional Office
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64-511
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
fors on the
computer, use Craig Burnham
only the tab key Name
to move your cursor-do not 14 Franklin Street
use the return Mailing Address
key. Salem MA 01970
City/Town
�' 2. This Certificate of Compliance is issued for work regulated by a final Order lof ode
Conditions issued to:
Fortunate Son Realty Trust
Name
1/27/2012 64-511
Dated DEP File Number
3. The project site is located at:
8& 10 Franklin Street Salem
Street Address City/Town
26 405, 406
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Fortunate Son Realty Trust
Property Owner(if different)
Essex County 30260 528
Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
7/25/2012
Date
wpafrm8e.doc•rert 1Z23/09
WPA Form 88,Certificate of Compliance•Pagel of 3
er
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64.5tt
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
concons V
servation Commission
ate Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the a cant and appropriate DEP Regional Office (See
htt ://www. ov/de /abouUreclion/findvour htm).
Signatur
t
1
I
wpafrm8bdoc•rev.12/2J/n9
WPA Form 88,Certificate of Compliance•Page 2 of 3
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
� DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64511
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: -- ----------- --------------------------------------------- ------------------------------------
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date
Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number wh
ich identifies this
transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc•rev.12/23/09
WPA Form 8e,Certilicate of Compliance•Page 3 of 3
`� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2011022800140 RAM Pg:528
02/28/2011 11:00 CONGN P9 1115
Massachusetts Department of Environmental Protection Provided by MassDEP.
Bureau of Resource Protection -Wetlands 64-511
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cttyrrown
A. General Information
Please note: Salem
thibe modified
been rnodifird
en has 1.From:
be Conservation Commission
with added 2.This issuance is for
GPM to a.®Order of Conditions b.❑Amended Order of Conditions
accommodate (check one):
"Registry
Olneeds 3.To: Applicant
Requirements
Craig Burnham
a.Flint Name b.Last Name
Impowhen fain: Fortunate Son Realty Trust
When filling -
out fomts c.Organization
on the 14 Franklin St.
computer
use only th, e. d.Mailing Address
tab key to Salem MA 01970
move your e.cdyrrown I.State g.Zip Code
cursor-do
not use the 4• Property Owner(if different from applicant):
return
nkey.
vfhe I a.First Name b.Lest Name
e.Organization T
d.Mailing Address
e.cityrrown f.State g.Zip Code
s. Project Location:
8 and 10 Franklin St. Salem
a.Street Address b.City?own
26 405 and 406 _
c.Assessors Map/Plat Number d. ParceVLot Number T
Latitude and Longitude, if known: 42d32m17s 70d53m48s
d.Latitude e.Longitude
WpefpmS.Ex• rev.0511a(M10 Page 1 of 12
CITY OF SAUEM CONSERVATION COMMISSION
February 2, 2011
Luke Fabbri
Geological Field Services, Inc.
14 Hubon Street
Salem, MA 01970
Re: Order of Conditions—DEP#64-511: 8 and 10 Franklin Street
Dear Mr. Fabbri:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the I0-day appeal period (from January 27, 2011), 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, Massachusetts). Once recorded,
please return a copy of Page 12 of the Order, which will indicate to the Commission that
the document has been recorded.
If you have any further questions,please feel free to contact me at 978-619-5685.
Sincerely,
Tom De4me
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP-File 9
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransacton0
Salem
Cityrrown
A. General Information
plBeeB note; Salem
this tam has 1. From:own modified Conservation Commission
with added 2. This issuance is for
space toa. ®Order of Conditions b.❑Amended Order of Conditions
aoommodate (check one):
He Registry
of Deeds 3. To: Applicant
Requirements
Craig Burnham
Important: a. First Name b. Last Name
When fining Fortunate Son Really Trust
out forma c.Organization
on the 14 Franklin St.
computer'
use only the d.Mailing Address
tab key to Salem MA 01970
move your e.Cityrrown f.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return
kkeey...��
1�1� a.First Name b.Last Name
c.Organizebon
d.Mailing Address
e.City/town f.State g.Zip Code
s. Project Location:
8 and 10 Franklin St. Salem
a.Street Address b.Ciyrrown
26 405 and 406
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d32m17s 70d53m48s
d.Latitude e.Longitude
wperorm5.dm- re..05/1912010
.. Pepe t of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MasSDEP File#
LEI
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
A. General Information (cont.)
& Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Essex
a. County b. Certificate Number(if registered land)
6918 154
c. Book d. Page
10/22/2010 1/13/2011 1/13/2011
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
b. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Site Plan For NOI; Burnham Associations; 8-10 Franklin Street, Salem, MA
a. Plan Title
Geological Field Services
b. Prepared By c.Signed and Stamped by
d. Final Revision Date e.Scale
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. P Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control
2, This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpalorm5.aoc• rev.0 511 912 0 10 Page 2 at 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEPFIIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
CityrFown
B. Findings (cont.)
Denied because
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the
work, or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank -- — - — ---
a. linear feet b.linear feet G.linear feet d. linear feet
6. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.Gy dredged f.q/y dredged
7. ® Bordering Land 21,401 21,401
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
0 0
Cubic Feet Flood Storage e.cubic feet f.cubic feet g. cubic feet h.cubic feet
8. ❑ 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
9. ® Riverfront Area 19,034 19,034
, tnt,l e„ feet b.total sq.feet
Sq ft within 100 ft 10,422 10,422
foot d.square feet foer f.square feet
Sq ft between 100- 8,612 8,612
200 ft ,,,,,foot h.square feet foer I.square feet
wpalorm5.doc• rev.051192010 Page 3ol 12
Massachusetts Department of Environmental Protection Provided by MassDER.
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Citylrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
Ocean a.square feet b.square feet
c. c/y dredged d.Gy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
13. ElCoastal Beaches
a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ❑ Coastal Banks a.linear feet 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
19. ❑ Land Under Salt _
Ponds a.square feet b.square feet
c.dy dredged d.dy dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20, ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. c/y dredged b.Gy dredged
21. ® Land Subject to 21,401 21,401
Coastal Storm a.square feet b.square feet
Flowage
wpaiorm5.doc• rev.05/19122010 Page 4 0!12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
LI]
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
B. Findings (cont.)
#22. If the 22 ❑ Restoration/Enhan cement
':
project is for
the purpose of
restoring or enhancing a a.square feet of BVW b.square feet of salt marsh
wetland resource area 21 ElStream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossings
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(Bvw)
8.17.c(Salt The following conditions are only applicable to Approved projects.
Marsh)above, Failure to comply with all conditions stated herein, and with all related statutes and other
please enter regulatory measures, shall be deemed cause to revoke or modify this Order.
the additional 9 Y y
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights..
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on 12/9/2013 unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, 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.
wPafcrrni rev.0511g/2010 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' eDEP Transaction At
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order'
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MassDEP"]
"File Number 64-511 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
wpaloim5 aoc• rev.0511912010 - Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated
sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which
reserves the right to require additional erosion and/or damage prevention controls it may
deem necessary. Sedimentation barriers shall serve as the limit of work unless another
limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order (the "Project') is (1)® is not (2)❑ subject to the
Massachusetts Stormwater Standards. If the work is subject to the Stormwater
Standards, then the project is subject to the following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion,
wpalorm5 doc• rev.05119r2010 Page 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
Citylrown
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 8MPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs
and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k)with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that 8MP 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
8MPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.aoc rev.05/192010 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
_ Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall-
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See attached
.oaf.,m5.tloc• rev.05/192010 Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
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 heed
more space for additional conditions, attach a text document):
w,alorm5 doc rev.0511912010 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
_ Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 - Order of Conditions MassDEP File#
I �
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a special 1/27/2011
condition pursuant to General Conditions#4,from the date of issuance. 1. Date of Issuance
Please indicate then members who will sign this form. S
This Order must, signed by a ajonty of the Conservation Commission. 2. Number of Signers
The Orderrr/Lst be mailed by c ified mail (return receipt requested)o and deliv ed to a applicant.A
copy also must be mailed or h d delivered at the same time to the ap op 'ate part t of
Environmental Protection Re onal Office, if not filing electronically, a pr erty o er, if different
from applical It.
Signature
C
❑ by hand delivery In ❑ by certified mail, return receipt
requested,on
Date Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order.A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.L. c. 131, §40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpafo,m5.doc• rev.W192010 Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-511
WPA Form 5 — Order of Conditions MassoEPFile##
---
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City(rown
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
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:
8 and 10 Franklin St. 64-511
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for: property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
woalorm5-coc- rev.05/19/2010 Page 12 of 12
Attachment to Order of Conditions # 64-511
Page !,'of 4
SALEM CONSERVATION COMMISSION
DEP FILE #64-511
8 and 10 Franklin St., Salem,MA
City of Salem,Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Venal Pools Map(October 1, 2008)from Natural
Heritage& Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1—34-13.
This Order permits the clearing and grading of a river&ont area and land subject to coastal storm flowage. Said
work was performed without proper permitting and this Order of Conditions is issued after the fact. No further
work is permitted by this Order. Any further work subject to Conservation Commission jurisdiction will require
either a new Order of Conditions or a negative Determination of Applicability.
Furthermore, this Order requires that hydraulic equipment be stored on the landward side of the property, at least
100' from the bulkhead.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(including all 4 pages of Special Conditions)
at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,
after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the
recording information must be submitted to the Salem Conservation Commission before any
work approved in this Order commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. 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.
5. 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 # 64-511
vmv Page 2 of 4
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816), U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L.Ch. 21A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR
744.).
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
10. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. 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.
12. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Burnham Associates 8— 10 Franklin Street Salem, MA
(Title)
Undated. Bound with Notice of Intent received 11/29/2010
(Dated)
Not signed or stamped. Produced by Geological Filed Services
(Signed and Stamped by)
City of Salem Conservation Commission
(OnJUe with)
13. Any proposed changes in the approved plan(s)or any deviation in construction from the approved
plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the
change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
i Attachment to Order of Conditions # 64-511
Pa�„s Page 3 of 4
14. 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.
15. Condition Number 21 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.
16. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L Chapter 21 A,section 16.
AFTER CONSTRUCTION
17. 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-Buih" 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:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs,including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"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,
18. 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.
19. 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.
20. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized
their removal.
0 Attachment to Order of Conditions # 64-511
„o Page 4 of 4
ADDITIONAL CONDITIONS
21. Hydraulic equipment must be stored on the landward side of the property,at least 100' from the
bulkhead. The intent of this condition is to protect the resource area from contamination by hydraulic
fluid. This condition does not prohibit the normal use of hydraulic equipment on the property, nor does
it supersede any applicable state, local or federal laws pertaining to the use of hydraulic equipment.
I � 1
TSj
CITY OF SALEM
I MAP
'CONSERVATION COMMISSION
February 14, 2011
Luke Fabbri
Geological Field Services
14 Hubron St.
Salem, MA 01970
Re: Approval of Minor Change—DEP #64-511-8 and 10 Franklin St.
Dear Mr. Fabbri:
The Salem Conservation Commission voted at their February 10, 2011 meeting to
approve a minor change to the Order of Conditions for the above-referenced project. The
approval amends condition number 21 of the Order to allow the storage of marine-related
hydraulic equipment within 100' of the bulkhead, with the following conditions:
1. Readily mobile, non-marine-related hydraulic equipment must be stored at least
100' from the bulkhead.
2. A spill kit, secured to a stationary object such as a fence, must be maintained for
any hydraulic equipment kept within 100' of the bulkhead.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
Tom evine
Conservation Agent/ Staff Planner
I
GFS GEOLOGICAL FIELD SERVICES, INC.
February 3, 2011
City of Salem
Tom Devine
Conservation Agent/Staff Planner
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA 01970
RE: Notice of Project Change
8-10 Franklin Street
MADEP File # 64-511
Dear Mr. Devine:
This Notice of Project Change is being submitted on behalf of the Fortunate Son Realty Trust.
The purpose of this Notice to request that Condition 21 of the recently issued Order of
Conditions be removed from the Order to be consistent with the Chapter 91 license for the
property. Condition 21 reads "Hydraulic equipment must be stored on the landward side of the
property, at least 100' from the bulkhead. The intent of this condition is to protect the resource
area from contamination by hydraulic fluid. This condition does not prohibit the normal use of
hydraulic equipment on the property, nor does is supersede any applicable state, local or federal
laws pertaining to the use of hydraulic equipment. "
We request the Conservation Commission to strike this condition from the Order of Conditions
for the following reasons.
The current Chapter 91 license permits the land owner to "maintain an existing pile-
supported pier and marine railway in and over the water of the North River in the City of
Salem and in the accordance with location shown and details indicted on the
accompanying DEP License Plan No. 4980. The Structure hereby authorized shall be
limited to the following use(s): to provide a facility for the construction, repair and
maintenance of boats, and other activities directly related thereto. A copy of the Chapter
91 License is attached.
The Long Term Pollution Prevention Plan submitted in support of the Notice of Intent
requires routine inspection of vehicles and equipment for leaks and that any leaks are
repaired immediately. This requirement meets the intent of Condition 21
Mr. Burham currently uses the crane to repair and maintain boats and to move it away
from its current location would prohibit him from servicing his vessels.
14Hubon Street, Salem, Massachusetts 01970
Tel: (978) 594-1376
GFSGEOLOGICAL FIELD SERVICES, INC.
Because of these reasons, the Commission is requested to removed Condition 21 from the Order
of Conditions or to revise it so that it permits the storage of hydraulic equipment anywhere
landward of the bulkhead in accordance with the Long Term Pollution Prevention Plan.
Thank you for your consideration and please contact me with any questions.
Sincerely:
GEOLOGICAL FIELD SERVICES, INC.
uke Fabbri
President, LSP
Cc: Craig Burnham
141-lubon Street, Salem, Massachusetts 01970
Tel: (978) 594-1376
i
&Q�
Obt Tommonwealtb of filassu ltuoetts
No. 4980
m m
Menus, Fred T. and Deborah R. Kozlowski
of -- Salem -- , in the County of -- Essex -- and Commonwealth aforesaid,
has applied to the Department of Environmental Protection for license to
-- maintain an existing pile-supported pier and marine railway ---------
and has submitted plans of the same; and whereas due notice of said
application, has been given, as required by law, to the -- Mayor and
City Council -- of the -- City -- of Salem; ----- ------------------- - -
NOW, said Department, having heard all parties desiring to be heard, and
having fully considered said application, hereby, authorizes and
licenses the said
-- Fred T. and Deborah R. Kozlowski -- , subject to the provisions of the
ninety-first chapter of the General Laws, and of all laws which are or
may be in force applicable thereto, to -- maintain an existing pile-
supported pier and marine railway -------- -- ------------ - ------------ ---
in and over the waters of the -- North River -- in the -- City
-- of -- Salem -- and in accordance with the locations shown and details
indicated on the accompanying DEP License Plan No . 4980, (4 sheets) .
5ck 1 PRINTED ON RECYCLED PAPER
License No. 4980 Page 2
The structures hereby authorized shall be limited to the following
use (s) : to provide a facility for the construction, repair and
maintenance of boats, and other activities directly related thereto.
This license shall expire ninety-nine (99) years from the date of
issuance.
The existing seawall and fill were previously authorized pursuant to
Harbor and Lands License No. 103 , issued January 31, 1872, and shall be
maintained in accordance with the terms and conditionslof said license .
No structures shall be placed on said fill without the prior written
approval of the Department .
In accordance with any license condition, easement, or other public
right of lateral passage that exists in'the area of the subject property
lying between the high and low water marks, the Licensee shall allow the
public in the exercise of such rights to pass freely around all
structures within such intertidal area.
Accordingly, the Licensee shall place and maintain, in good repair, a
public access sign at both the easterly and westerly property lines
adjacent to the mean high water shoreline . Said signs, provided by the
Department, shall be posted immediately upon receipt . Nothing in this
condition shall be construed as preventing the Licensee from excluding
the public from portions of said structure (s) or property not intended
for lateral passage .
The project authorized herein has been completed in conformance with the
accompanying plans . The issuance of this license, therefore, fulfills
the Licensee' s obligation to obtain a Certificate of Compliance pursuant
to 310 CMR 9 . 19 .
Please see page 3 for additional conditions to this license . ----------
------------------------------------------------------- ------ ----------
Duplicate of said plan, number 4980 is on file in the office of said
Department, and original of said plan accompanies this License, and is
to be referred to as a part hereof .
License No. 4980 Page 4
The amount of tidewater displaced by the work hereby authorized has
been ascertained by said Department, and compensation thereof has been
made by the said -- Fred T. and Deborah R. Kozlowski -- by paying into
the treasury of the Commonwealth -- two dollars and zero cents ($2 . 00)
-- for each cubic yard so displaced, being the amount hereby assessed
by said Department . (0 . 0 cu. yds . _ $0 . 00)
Nothing in this License shall be so construed as to impair the legal
rights of any person. This License shall be void unless the same and
the accompanying plan are recorded within 60 days from the date hereof,
in the Registry of Deeds for the County of -- Essex - -- ----
IN WITNESS WHEREAS, said Department of Environmental Protection have
hereunto set their hands this thirteenth day of August
in the year nineteen hundred and ninety-seven.
Department of
(ate;,, Section Chief �.�f� ��� Environmental
Protection
THE COMMONWEALTH OF MASSACHUSETTS
treasury of the Commonwealth by the said --the further sum of -- zero dollars and zero cents ($0 ----------- --
the amount determined by the Governor as ust and equitable charge
for rights and privileges hereby anted in the land of the
Commonwealth.
BOSTON,
Approved by Governor.
Massachusetts Department of Environmental Protection
k`- Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
A. Introduction
Important: A Stormwater Report must be submitted with the Notice of Intent permit application to document
When filling out compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for
forms to the the Stormwater Report which should provide more substantive and detailed information but is offered
computer,use P ( P )
only the tab key here as a tool to help the applicant organize their Stormwater Management documentation for their
to move your Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist,
cursor-do not the Stormwater Report must contain the engineering computations and supporting information set forth in
use the return
key.
Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and
certified by a Registered Professional Engineer(RPE) licensed in the Commonwealth.
w
The Stormwater Report must include:
• The Stormwater Checklist completed and stamped by a Registered Professional Engineer(see
" page 2)that certifies that the Stormwater Report contains all required submittals.' This Checklist
is to be used as the cover for the completed Stormwater Report.
• Applicant/Project Name
• Project Address
• Name of Firm and Registered Professional Engineer that prepared the Report
\ • Long-Term Pollution Prevention Plan required by Standards 4-6
1" 0 Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required
� by Standard 82
. Operation and Maintenance Plan required by Standard 9
In addition to all plans and supporting information, the Stormwater Report must include a brief narrative
describing stormwater management practices, including environmentally sensitive site design and LID
\�
techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are
.�> required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types,
critical areas, Land Uses with Higher Potential Pollutant Loads (LUHPPL), and any areas on the site
where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for
both existing and proposed conditions at a scale that enables verification of supporting calculations.
As noted in the Checklist, the Stormwater Management Report shall document compliance with each of
the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The
soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the
Massachusetts Stormwater Handbook.
To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report
Checklist by checking the box to indicate that the specified information has been included in the
Stormwater Report. If any of the information specified in the checklist has not been submitted, the
applicant must provide an explanation. The completed Stormwater Report Checklist and Certification
must be submitted with the Stormwater Report.
w
'The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in
the Stormwater Report,the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stormwater runoff to
the post-construction best management practices.
I For some complex projects,it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in
the Stormwater Report. In that event,the issuing authority has the discretion to issue an Order of Conditions that approves the
project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan
before commencing any land disturbance activity on the site.
swcheck[1j•04/01/08 Stormwater Report Checklist•Page 1 of 8
Massachusetts Department of Environmental Protection
r� Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
B. Stormwater Checklist and Certification
The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily
need to be addressed in a complete Stormwater Report. The checklist is also intended to provide
conservation commissions and other reviewing authorities with a summary of the components necessary
for a comprehensive Stormwater Report that addresses the ten Stormwater Standards.
Note: Because stormwater requirements vary from project to project, it is possible that a complete
Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is
determined that a specific item does not apply to the project under review, please note that the item is not
applicable (N.A.)and provide the reasons for that determination.
A complete checklist must include the Certification set forth below signed by the Registered Professional
Engineer who prepared the Stormwater Report.
Registered Professional Engineer's Certification
I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution
Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long-
term Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement (if
included) and the plans showing the stormwater management system, and have determined that they
have been prepared in accordance with the requirements of the Stormwater Management Standards as
further elaborated by the Massachusetts Stormwater Handbook. I have also determined that the
information presented in the Stormwater Checklist is accurate and that the information presented in the
Stormwater Report accurately reflects conditions at the site as of the date of this permit application.
Registered Professional Engineer Block and Signature
SN OF Mgds
�9= ROBERT 9nyG
g H. N
o GRIFFIN y
CIVIL y
9 #36686 �Q
Signature and Date
Checklist
Project Type: Is the application for new development, redevelopment, or a mix of new and
redevelopment?
❑ New development
® Redevelopment
❑ Mix of New Development and Redevelopment
swcheck[1]•04/01/08 Stormwater Report Checklist•Page 2 of 8
Massachusetts Department of Environmental Protection
FL7_1 Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
LID Measures: Stormwater Standards require LID measures to be considered. Document what
environmentally sensitive design and LID Techniques were considered during the planning and design of
the project:
❑ No disturbance to any Wetland Resource Areas
❑ Site Design Practices (e.g. clustered development, reduced frontage setbacks)
® Reduced Impervious Area (Redevelopment Only)
❑ Minimizing disturbance to existing trees and shrubs
❑ LID Site Design Credit Requested:
❑ Credit 1
❑ Credit 2
❑ Credit 3
❑ Use of"country drainage"versus curb and gutter conveyance and pipe
❑ Bioretention Cells (includes Rain Gardens)
❑ Constructed Stormwater Wetlands (includes Gravel Wetlands designs)
❑ Treebox Filter
Water Quality
Swale
❑ Grass Channel
❑ Green Roof
❑ Other(describe):
Standard 1: No New Untreated Discharges
® No new untreated discharges
❑ Outlets have been designed so there is no erosion or scour to wetlands and waters of the
Commonwealth
❑ Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included.
swcheck[tl•04/01/08 Storrnwater Report Checklist•Page 3 of 8
LMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
11 11� Checklist for Stormwater Report
Checklist (continued)
Standard 2: Peak Rate Attenuation
® Standard 2 waiver requested because the project is located in land subject to coastal storm flowage
and stormwater discharge is to a wetland subject to coastal flooding.
❑ Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour
storm.
❑ Calculations provided to show that post-development peak discharge rates do not exceed pre-
development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site
flooding increases during the 100-year 24-hour storm, calculations are also provided to show that
post-development peak discharge rates do not exceed pre-development rates for the 100-year 24-
hour storm.
Standard 3: Recharge
❑ Soil Analysis provided.
❑ Required Recharge Volume calculation provided.
❑ Required Recharge volume reduced through use of the LID site Design Credits.
❑ Sizing the infiltration, BMPs is based on the following method: Check the method used.
❑ Static ❑ Simple Dynamic ❑ Dynamic Field'
❑ Runoff from all impervious areas at the site discharging to the infiltration BMP.
❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations
are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to
generate the required recharge volume.
❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume.
❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum
extent practicable for the following reason:
❑ Site is comprised solely of C and D soils and/or bedrock at the land surface
❑ M.G.L. c. 21 E sites pursuant to 310 CMR 40.0000
❑ Solid Waste Landfill pursuant to 310 CMR 19.000
❑ Project is otherwise subject to Stormwater Management Standards only to the maximum extent
practicable.
❑ Calculations showing that the infiltration BMPs will drain in 72 hours are provided.
❑ Property includes a M.G.L. c. 21 E site ore solid waste landfill and a mounding analysis is included.
'80%TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used.
swcheck[l]•04/01/08 Stormwater Report Checklist•Page 4 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 3: Recharge (continued)
❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10-
year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding
analysis is provided.
® Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland
resource areas.
Standard 4: Water Quality
The Long-Term Pollution Prevention Plan typically includes the following:
• Good housekeeping practices;
• Provisions for storing materials and waste products inside or under cover;
• Vehicle washing controls;
• Requirements for routine inspections and maintenance of stormwater BMPs;
• Spill prevention and response plans;
• Provisions for maintenance of lawns, gardens, and other landscaped areas;
• Requirements for storage and use of fertilizers, herbicides, and pesticides;
• Pet waste management provisions;
• Provisions for operation and management of septic systems;
• Provisions for solid waste management;
• Snow disposal and plowing plans relative to Wetland Resource Areas;
• Winter Road Salt and/or Sand Use and Storage restrictions;
• Street sweeping schedules;
• Provisions for prevention of illicit discharges to the stormwater management system;
• Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the
event of a spill or discharges to or near critical areas or from LUHPPL;
• Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan;
• List of Emergency contacts for implementing Long-Term Pollution Prevention Plan.
® A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an
attachment to the Wetlands Notice of Intent.
❑ Treatment BMPs subject to the 44% TSS removal pretreatment requirement and the one inch rule for
calculating the water quality volume are included, and discharge:
❑ is within the Zone II or Interim Wellhead Protection Area
❑ is near or to other critical areas
❑ is within soils with a rapid infiltration rate (greater than 2.4 inches per hour)
❑ involves runoff from land uses with higher potential pollutant loads.
❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits.
❑ Calculations documenting that the treatment train meets the 80%TSS removal requirement and, if
applicable, the 44%TSS removal pretreatment requirement, are provided.
swchecklt]•04/01/08 Stormwater Report Checklist•Page 5 of 8
Massachusetts Department of Environmental Protection
I FL 7
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 4: Water Quality (continued)
❑ The BMP is sized (and calculations provided) based on:
❑ The %' or 1"Water Quality Volume or
❑ The equivalent flow rate associated with the Water Quality Volume and documentation is
provided showing that the BMP treats the required water quality volume.
❑ The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary
BMP and proposed TSS removal rate is provided. This documentation may be in the form of the
propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook
and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying
performance of the proprietary BMPs.
❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing
that the BMPs selected are consistent with the TMDL is provided.
Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs)
❑ The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution
Prevention Plan (SW PPP) has been included with the Stormwater Report.
❑ The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior
to the discharge of stormwater to the post-construction stormwater BMPs.
❑ The NPDES Multi-Sector General Permit does not cover the land use.
❑ LUHPPLs are located at the site and industry specific source control and pollution prevention
measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow
melt and runoff, and been included in the long term Pollution Prevention Plan.
® All exposure has been eliminated.
❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list.
❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and
grease (e.g. all parking lots with >1000 vehicle trips per day)and the treatment train includes an oil
grit separator, a filtering bioretention area, a sand filter or equivalent.
Standard 6: Critical Areas
❑ The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP
has approved for stormwater discharges to or near that particular class of critical area.
® Critical areas and BMPs are identified in the Stormwater Report.
swcheck[1]•04/01/08 Storrnwater Report Checklist•Page 6 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
Checklist for Stormwater Report
Checklist (continued)
Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum
extent practicable
❑ The project is subject to the Stormwater Management Standards only to the maximum Extent
Practicable as a:
❑ Limited Project
❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development
provided there is no discharge that may potentially affect a critical area.
❑ Small Residential Projects: 2-4 single family houses or 2-4 units in a multi-family development
with a discharge to a critical area
❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected
from exposure to rain, snow, snow melt and runoff
❑ Bike Path and/or Foot Path
® Redevelopment Project
❑ Redevelopment portion of mix of new and redevelopment.
❑ Certain standards are not fully met(Standard No. 1, 8, 9, and 10 must always be fully met) and an
explanation of why these standards are not met is contained in the Stormwater Report.
® The project involves redevelopment and a description of all measures that have been taken to
improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found
in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that
the proposed stormwater management system (a)complies with Standards 2, 3 and the pretreatment
and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b)
improves existing conditions.
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the
following information:
• Narrative;
• Construction Period Operation and Maintenance Plan;
• Names of Persons or Entity Responsible for Plan Compliance;
• Construction Period Pollution Prevention Measures;
• Erosion and Sedimentation Control Plan Drawings;
• Detail drawings and specifications for erosion control BMPs, including sizing calculations;
• Vegetation Planning;
• Site Development Plan;
• Construction Sequencing Plan;
• Sequencing of Erosion and Sedimentation Controls;
• Operation and Maintenance of Erosion and Sedimentation Controls;
• Inspection Schedule;
Maintenance Schedule;
Inspection and Maintenance Log Form.
® A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing
the information set forth above has been included in the Stormwater Report.
swcheck[1]•04/01/08 Stormwater Report Checklist•Page 7 of 8
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Program
\ Checklist for Stormwater Report
Checklist (continued)
Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control
(continued)
❑ The project is highly complex and information is included in the Stormwater Report that explains why
it is not possible to submit the Construction Period Pollution Prevention and Erosion and
Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and
Erosion and Sedimentation Control has not been included in the Stormwater Report but will be
submitted before land disturbance begins.
❑ The project is not covered by a NPDES Construction General Permit.
❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the
Stormwater Report.
❑ The project is covered by a NPDES Construction General Permit but no SWPPP been submitted.
The SWPPP will be submitted BEFORE land disturbance begins.
Standard 9: Operation and Maintenance Plan
® The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and
includes the following information:
❑ Name of the stormwater management system owners;
❑ Party responsible for operation and maintenance;
❑ Schedule for implementation of routine and non-routine maintenance tasks;
❑ Plan showing the location of all stormwater BMPs maintenance access areas;
❑ Description and delineation of public safety features;
❑ Estimated operation and maintenance budget; and
❑ Operation and Maintenance Log Form.
❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater
Report includes the following submissions:
❑ A copy of the legal instrument (deed, homeowner's association, utility trust or other legal entity)
that establishes the terms of and legal responsibility for the operation and maintenance of the
project site stormwater BMPs;
❑ A plan and easement deed that allows site access for the legal entity to operate and maintain
BMP functions.
Standard 10: Prohibition of Illicit Discharges
❑ The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges;
❑ An Illicit Discharge Compliance Statement is attached;
® NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of
any stormwater to post-construction BMPs.
swcheck[11•04/01/08 Stormwater Report Checklist•Page 8&8
STORMWATER REPORT
8-10 FRANKLIN STREET
SALEM,MASSACHUSETTS
A. INTRODUCTION
On October 29, 2010,the Fortunate Son Realty Trust(the"Applicant') received a
positive Determination of Applicability and Enforcement Order from the Salem
Conservation Commission for work at 8— 10 Franklin Street in an Area Subject to
Protection Under the Wetlands Protection Act(MGL Chapter 131, Section 40; see
Figure I —Locus Map). The work included removal of two small buildings, a shed, a
trailer, and boat debris from former boat yard uses at the site. The work also included
spreading a thin layer of crushed stone to control erosion. This Stormwater Report has
been prepared to support a Notice of Intent prepared by Geological Field Services of
Salem,submitted in response to the aforementioned Determination of Applicability and
Enforcement Order. j
a
B. PROJECT BACKGROUND
The Applicant purchased the property at 8 — 10 Franklin Street in 2010. Previously,the
property had been used for decades as a boat yard and was covered with dilapidated
boats, floats and other related debris. The property also had two small buildings, a shed
and a trailer that were in distressed condition. The majority of the property was covered
with gravel and bituminous pavement:
After purchasing the property,the Applicant razed the buildings and shed and removed
the trailer and boat yard debris. Approximately 900 cubic yards(cy) of debris were
hauled off-site for disposal and recycling. The Applicant then top-dressed with crushed
stone the portion of the site from Franklin Street to approximately 65-feet west of the
existing bulkhead to control erosion.
C. RESOURCE AREAS
Resource areas defined under the Wetlands Protection Act within the project locus
include Riverfront Area(to the North River) and Land Subject to Coastal Storm Flowage.
The total area of Riverfront Area on the parcel is approximately 19,034-square feet(so.
Of this amount approximately 10,422 sf is within the Inner Riparian Area (less than 100-
ft from MHW) and approximately 8,612-square feet is within the Outer Riparian Area '
(between 100-ft and 200-ft from MHW). The FEMA Flood Insurance Rate Map
indicates that the entire parcel (21,401 square feet)is located within Zone A2,which is an
area of 100-year flooding with a determined base flood elevation of 10-feet (NGVD 1929
Datum).
D. PROJECT DESCRIPTION
After purchasing the property, the Applicant removed all of the boats and boat yard
debris and the distressed buildings,shed and trailer. A total of thirty 30-cy trailers were
Page 1 of 5
used to haul debris offsite for disposal and recycling. After removing the debris, the
Applicant spread approximately 100-tons of crushed stone from Franklin Street to
approximately 65-feet west of the existing bulkhead. The crushed stone minimizes
erosion and is up to approximately two-inches thick. To improve security, a chain-link
fence was erected on three sides of the property. An access gate was provided along
Franklin Street.
There has been no net loss of flood storage capacity at the property due to the work. The
amount of impervious surfaces at the site was reduced by approximately 1,800-square
feet due to removal of two buildings.
E. STORMWATER Standards
The project is a redevelopment project and is subject to the applicable portions of the
DEP Stormwater Management Standards. Of the 10 DEP Stormwater standards,
redevelopment projects must meet Standard nos. 1, 8, 9, and 10 in their entirety;Standard
nos. 2, 3,4, 5, 6, and 7 must be met to the maximum extent practicable.
i
The project did not involve any excavation, dewatering, or creation of impervious
surfaces. There have been no changes to stormwater runoff characteristics at the site nor
the creation of any point source discharges. The amount of impervious surfaces at the
site has been reduced by approximately 1,800-square feet due to the removal of two
buildings.
The 10 stormwater standards, and the manner in which the project meets those standards,
are reviewed below.
Standard 1: No new Untreated Discharges.
The project did not create any new untreated discharges or drainage patterns at the
site. Prior to and following the work, stormwater flowed off the property only as
sheet flow, flowing in the direction of the North River. The project did not
involve installation of a stormwater collection system. No crushed stone was
placed over the last 55 to 75 feet of land along the North River. For these
reasons, Standard no. 1 is satisfied.
Standard 2: Peak Rate Attenuation
The site is specifically exempt under the regulations from Standard no. 2, which
applies only to discharges to non-tidal waterbodies. This site is along the tidal
portion of the North River and has no point-source discharges. Therefore,
Standard no. 2 is satisfied.
Standard 3: Recharge
The Stormwater Management Guidelines require that the annual recharge from
the site following redevelopment approximate the annual recharge from the site
prior to the work. Since the project has reduced impervious surfaces at the site by
approximately 1,800 sf, and improved the ability of the ground surface to
Page 2 of 5
infiltrate stormwater(due to the top-dressing of crushed stone), the annual
recharge at the site has increased. Therefore, Standard no. 3 has been satisfied.
Standard 4: Water Quality
This standard requires that the amount of stormwater captured at the site for water
quality treatment equal the volume derived by multiplying one-inch times the
amount of new impervious area created at the site. Since the project has reduced
impervious surfaces at the site, this product is zero, and no water quality volume
capture or treatment is required.
This standard also requires that a Long Term Pollution Prevention Plan be
prepared for the site. Such a plan has been prepared and is attached to this report.
In short, the plan identifies suitable practices for source control and pollution
prevention throughout the life of the site operation.
I
For these reasons,Standard no. 4 is satisfied.
Standard 5: Land Uses with Higher Potential Pollutant Loads (LUHPPL)
This standard requires that certain stormwater management practices and
technologies be used to control stormwater captured at sites with land uses that
are of increased concern with regard to stormwater pollution. At this site,prior to
the Applicant purchasing the property, the site was used as a boat yard. Boat yard
activities are defined in the DEP Stormwater Management guidelines as
LUHPPL. The boat yard spanned the entire property from Franklin Street to the
North River.
The Applicant plans to use the property to store construction equipment which is
also a LUHPPL. The storage use will be located on the new crushed stone surface
which is at least 55-feet from the North River. The Applicant has improved pre-
development conditions at the site by moving the LUHPPL activity further away
from the North River.
Since there are no facilities or systems constructed at the site to capture
stormwater runoff,there is no requirement at this site to include a specific
stormwater management technology or practice as part of a captured stormwater
management treatment process.
The Applicant's improvements to the site meet Standard 5 to the maximum extent
practicable. The 55-ft strip of land between the North River and the storage area
will not be disturbed. The post-development site does not create any new
impervious surfaces and does not create any point source discharges.
Standard 6: Critical Areas
Similar to Standard no. 5,this Standard no. 6 requires that captured runoff from
sites that are located in environmentally-sensitive areas be treated with specific
technologies or practices prior to discharge. At this site, the tidal flats along the j
Page 3 of 5
North River are designated by the Massachusetts Division of Marine Fisheries as
a shellfish growing area where shellfishing is prohibited. Shellfish growing areas,
whether or not shellfishing is allowed, are considered Critical Areas under the
Stormwater Management Guidelines.
The Applicant's work, as noted above, improves stormwater runoff conditions at
the site. The strip of land created between the North River and the storage area,
the cleanup of the site, and the reduction in impervious surfaces at the site all
reduce pollution generation and increase opportunities for sediment capture and
stormwater infiltration. The improvements do not create any new impervious
surfaces or point-source discharges, so there are no specific treatment
technologies which need to be incorporated into the site stormwater management
system. The project will not alter drainage patterns, sediment characteristics,
water circulation,shellfish habit nor marine water quality in any way. For these
reasons, Standard no. 6 is satisfied to the maximum extent practicable.
Standard 7: Redevelopment Projects must meet Certain Standards only to the
maximum extent practicable.
Standard no.7 requires that redevelopment project meet Standards 1, 8, 9 and 10
in their entirety and meet Standard nos. 2, 3,4, 5, and 6 to the maximum extent
practicable. As described herein,the standards are so satisfied. Therefore,
Standard no. 7 is satisfied.
Standard 8: Construction Period Pollution Prevention and Erosion and
Sedimentation Plan.
Standard no. 8 requires that Pollution Prevention and Erosion Control plans be
prepared prior to construction and followed during the work. The Notice of Intent
and this Stormwater Report are after-the-fact documents filed in response to an
enforcement order issued by the Salem Conservation Commission. The work at
the site has been completed and the site has been stabilized. Therefore, a
Construction Period Pollution Prevention and Erosion and Sedimentation Plan is
not necessary at this time. For this reason Standard no. 8 has been satisified.
i
Standard 9: Operation and Maintenance Plan
Standard no. 9 requires that a Long-Term Operation and Maintenance Plan be
prepared to ensure that stormwater management systems function as designed.
For this property there are no engineered stormwater management systems.
Therefore,no operation and maintenance plan is necessary.
Should stormwater management systems be designed in the future then an
operation and maintenance plan will be required.
For these reasons, Standard no. 9 is satisified.
Page 4 of 5
Standard 10: Prohibition of Illicit Discharges
This standard requires that illicit discharges, such as the discharge of sewage to a
drainage system,be prevented. The property is currently vacant and as noted
above,there are no stormwater management pipes at the site. For these reasons,
there are no illicit discharges on the property and Standard no. 10 is satisfied. The
submitted Long Term Pollution Prevention Plan attached specifies measures to
prevent illicit discharges in the future.
F. CONCLUSIONS
This project fully conforms to Standard nos. 1,2, 3, 4, 7, 8, 9 and 10 and
conforms to Standard nos. 5 and 6 to the maximum extent practicable. The site
was the subject of an Enforcement Order issued by the Salem Conservation
Commission. The attached Long Term Pollution Prevention Plan has been
prepared and will be instituted throughout the facilities' life.
Changes in use of the site or future construction or development work involving
the creation of impervious surfaces will require the submission of a Notice of
Intent. The Applicant has been reminded of this requirement.
i
i
Page 5 of 5
i
Long Term Pollution Prevention Plan
Good housekeeping practices-The property owners are required to keep the site in a
neat and orderly condition so that unnecessary pollutants stay out of the North River. Some
examples of good housekeeping practices are pavement cleaning, litter control, waste
disposal, proper material storage, offsite equipment/vehicle cleaning, training and
assigning responsibilities to personnel.
Provisions for storing materials and waste products inside or under cover- No materials
will be stored at the site.
Requirements for routine inspections and maintenance of stormwater BMP's- No
stormwater BMPs exist or are proposed at the site.
Spill prevention and response plans -All vehicles and equipment stored on-site are to be
checked for leaks on a daily basis and fixed immediately if required. Drip pans are
required to contain leaks or spills during routine maintenance activities. No vehicles and
equipment maintenance shall be conducted on-site.
Provisions for maintenance of lawns, garden, and other landscaped areas -All
landscaped areas are to be maintained with dense vegetative growth or a layer of mulch to
minimize sediment transport. Litter and waste are to be picked up daily from the
landscaped areas and adjoining gravel area and disposed of properly.
Requirements for storage and use of fertilizer, herbicides, and pesticides- No fertilizers,
herbicides, and pesticides will be stored on-site.
Pet waste management provisions-Any pet waste at the site is to be scooped up, sealed
in a plastic bag, and disposed of properly in the garbage for it contains high level of fecal
coliform bacteria.
Provisions for operation and management of septic systems- No on-site septic system
exist at the site.
Provisions for solid waste management- All solid waste is to be disposed of per
applicable solid waste management guidelines. If a dumpster is needed on-site, the
dumpster area is to be inspected periodically. Repairs to a leaky dumpster or container
are to be made as necessary. The dumpster and other waste containers are to be
covered to prevent waste from mixing with stormwater.
Snow disposal and plowing plans relative to Wetland Resource Areas- Snow disposal is
prohibited within 50-ft of the North River.
Pollution-Prev-Planmpd 1121/11