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64-441 - 28 GOODHUE STREET - CONSERVATION COMMISSION za CoWhut A. )yi e-Jea Condos CITY OF SALEM CONSERVATION COMMISSION January 12, 2015 Richard L. Williams, PE Williams & gara SP es LLC 189 North Main Street, Suite 101 Middleton, MA 01949 Re: Certificate of Compliance—DEP#64-441-28 Goodhue Street Dear Mr. Williams: Enclosed, please find the Certificate of Compliance for the above-referenced project. This document must be recorded at the South Essex County Registry of Deeds. Please fill out and return the Recording Information on page 3 of the Certificate of Compliance,which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, 7 zom e Conservation Agent Enclosures CC: DEP Northeast Regional Office j T 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 aa1 Provided--by A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use North River Canal, LLC only the tab key Name to move your 282 Bennington Street cursor-do not use the return Mailing Address key. � East Boston MA 02128 —h Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: North River Canal, LLC m Name 2/14/2007 64-441 Dated DEP File Number 3. The project site is located at: 28 Goodhue Street Salem Street Address Cityrrown 16 372 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex South 26581 537 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 11/12/2014 Date wpafrmeb.doc•rev.5/29/14 WPA Form ea,Certificate of Compliance•page 1 of 3 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem Conservation Commission ate o ssuance This Certificate must be signed by a majority of the Conservation Co)mmi's/,'Kkn and a copy sent to the applicant and appropriate DEP Regional Office ee http://www.mass.gov/eea/aaencies/massde /about/contacts/f' d- e- sd - re final-office-for- our-ci r- wn.html). Signat e3 vryafrm8odoc•rev.5129114 WPA Form 8e,Certificate of Compliance•Page 2 of 3 4 July 24, 2014 �P6?grOJJ ws v`l n 6r C ter r�R. Mr. Tom Devine Salem Conservation Commission f y 1 120 Washington Street 3rd Floor Salem, MA 01970 Re: North River Apartments, 28 Goodhue Street l74/0- � Mr. Devine, As discussed at our site meeting on Tuesday, the modifications described in my letter on July 10, 2014 did not achieve the desired result to minimize the impact of the sloped grade between the pedestrian way and the canal wall. The grading plan from our original submittal was revised to accommodate the Conservation Commissions request that the pathway be drained back into the parking lot to process through the site drainage system. To do this the pathway was raised more than 2 feet in some areas. Additionally we do not want to impact the existing canal wall, so all placed material starts from the back of the canal wall. This is creating slopes in excess of 20 degrees (Section A, B, C and 132). I have provided images of the high water that happened last December. This high water would erode soil or mulch that is placed along the lower portion of the slope and may destabilize the pathway. We are asking to use rip rap stone along the most severe slope from Goodhue Street for 300' where the landscaping area widens. The rip rap would be stones from Y-9" dimension (see attached images) which would be placed on the slope to provide erosion control from high water and stabilize the edge of pathway. We would like to relocate the path on the east edge of the property to reduce the slope (Section D 1 sheet C 1.0) and create a landscape area where the vegetation that was not installed in the rip rap area will be installed. I have provided a revised C1.0 drawing showing the relocation of the pathway and sections through the pathway to illustrate the slope adjacent to pathway and a revised landscaping plan to illustrate the vegetation that will be moved from the rip rap area. Thank you for your time to review this matter. I look forward to hearing from you. Respectfully, Thomas Galvin One Ehn Square T 978.470.3675 Celebration Blvd 1420 Andover,MA 01810 F 978.470.3670 Celebration,FL 34747 AvNvw.lagrassearchit:eets coin AA26001333 „S,`Ny. i a^. w 1§$, k lilt x4T 3 m = 4 s5 ;y' '��' ��°ev+ "+Z'a✓`4e�"*m µ =:a.*n '` i'f4457i �i�✓;a 3 f a AI sv, fax i<kaMtr.° p RF r # � {�tW`� 4.^M�'•l$+ �R'C�yt}.�� kk* '� ,. m 9 MY t y �.� . - IIA f^' ,c I a Y' t�}a"�bN"4'disk g§+�h•�f4.! tti:tri� � Y Ott. p 4 i s i �y � � "v'GL a x Gv a~E, km'gy,e^.. i$< §f t k' �� is ll� "`•ikLt .` q+aY' �}.pi F "A fit, {.� "'M.'�I 'oOF- %3� yl3 9„„. r��'7 * Ztt yL�" r �� .#~•r .h 1- �'� � `ve rI i AN" u '#�B May sPu ix S� `1 y Y.4 } •. #i W "if i' {. TT1r6 x�'.I A d' If ., - ii 35d M13" RKi} �iii h4k s ,fi. -g �L Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs LIM Department of Environmental Protection One Winter Street Boston, MA 02108.617.292-5500 CEVAL L PATRICK RICHARD K SULUVAN JR. Governor secretary TIMOTHY P.MURRAY ('(� LQ �O KENNETH L KIMMELL Lieutenant Governor O`v '(,jp�. Commissioner OF Pam_ .mow Vol fitt�s North River Canal, LLC roµM C/o Daniel Padien Vanasse Hangen Brustlin, Inc. 101 Walnut Street, P.O. Box 9151 Watertown, MA 02471 RE: Issuance of Chapter 91 Waterways License DEC201L Waterways License Application No. W 12-3718,License No. 13388 C L Shared Use Path, 28 Goodhue Street, Salem Dear Mr. Padien: The Department of Environmental Protection hereby issues the above-referenced Waterways license, enclosed, authorizing you to perform certain activities pursuant to M.G.L. c. 91,the Public Waterfront Act and its regulations 310 CMR 9.00. Any change in use or alteration of any structure or fill not authorized by this license shall render this license void. This License must be recorded at the Essex County Registry of Deeds or,if registered land,with the Land Registration Office within sixty(60)days from the date of license issuance. Failure to record this license within sixty(60) days of the date of issuance will render this license void pursuant to 310 CMR 9.18. A Waterways License Recordation Notice Form has been enclosed for your use in notifying the Department of the recording information for this License. Failure to notify the Department of the recording of this license is a violation of 310 CMR 9.00 and is subject to enforcement action by the Department. I Please feel free to contact Alex Strysky of the Waterways Regulation Program, (617)292-5616, if you have any questions pertaining to the recording of your Waterways license or Certificate of Compliance. Sincerely, Program Chief Waterways Regulation Program Cc: City of Salem: Mayor, Conservation Commission,Planning Board,Harbormaster This information is available in alternate format Call Michelle Waters-Ekanem,Diversity Director,at 617.292-5751.TDD#1.866-539-7622 or 1-617-574-6868 MassDEP Website:w ,mass.gov/dep Printed on Recycled Paper Mike Girvan,Program Coordinator Waterways Regulation Program Department of Environmental Protection 1 Winter Street, 5th Floor Boston,Massachusetts 02108 RE: NOTIFICATION OF WATERWAYS LICENSE RECORDATION Waterways License No. 13388 28 Goodhue Street, Salem-North River Municipality: Salem County: Essex Dear Mr.Girvan: This is to notify you that the above referenced Waterways license was recorded with the appropriate Registry of Deeds/ Land Court for this project location and to provide your office with the following recordation information. Date of Recordation: AT- County Registry of Deeds: Book number on page number(s) OR Land Court: Land Court Lot# Plan# Certificate Document Number Sincerely, Chapter 91 Waterways Licensee License is void if not recorded within sixty (60) days of issuance The CommonweaCth of Massachusetts No. 13388 `( *e/eaS, North River Canal, LLC of-- Boston--, in the County of-- Suffolk-- and Commonwealth aforesaid,has applied to the Department of Environmental Protection for license to —construct and maintain a shared-use path----- and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the—Mayor-- 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 --North River Canal, LLC --, 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 -- construct and maintain a shared-use path-- in and over the filled tidelands 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. 13388 (5 sheets). The structures hereby authorized shall be limited to the following uses: Public recreation and waterfront access. This License is valid for a term of 30 years from the date of issuance. By written request of the Licensee, the Department may grant a renewal for the term of years not to exceed that authorized in this License. License No. 13388 Page 2 This License is subject to the following Special Conditions and Standard Conditions: 1. The shared use path and adjacent riverfront open space shall be available to the public for passive recreational use daily, at no charge, from sunrise to sunset. The Licensee may adopt rules governing the use of the shared-use path and adjacent open space, subject to prior review and written approval by the Department, as are necessary for the protection of public health and safety and private property,and to ensure their use and enjoyment by minimizing conflicts between user groups. No amendment to said rules shall be made without prior written approval by the Department. 2. The Licensee shall allow connections to be made to the shared-use path from adjacent properties in order to form a pedestrian access network along the riverfront. 3. The Licensee shall post and maintain signage,at the entrance to the path at Grove Street, indicating the availability of the shared use path and riverfront open space for public use and the hours of availability. 4. Any structural alteration or change in use,or any other modification, from that explicitly authorized herein and contained on the final license plan, shall require the prior review of the Department to determine whether additional licensing is required pursuant to MGL Chapter 91,the Public Waterfront Act, and 310 CMR 9.00,the Waterways Regulations. 5. All activities for which this License has been issued shall be completed within five(5)years of the date of issuance of this License. This period may be extended upon written request to the Department at least sixty(60)days in advance of the deadline specified herein,and said approval shall not be unreasonably withheld. 6. Within sixty(60) days of completion of the licensed project,the Licensee shall request in writing that the Department issue a Certificate of Compliance in accordance with 310 CMR 9.19. The request shall be accompanied by a certification by a registered professional engineer licensed in the Commonwealth that the project was completed in accordance with the License. Please see page 3 for additional conditions to this license. -------------------------------------------------- Duplicate of said plan, number 13388 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. 13388 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform to all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Departraent and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in,on or over property not owned or controlled by the Licensee,except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal,State,County,and Municipal laws,ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L.Chapter 131,s.40. 8. This Waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP. 9. This License authorizes structure(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by law on private tidelands,the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing fowling,navigation,and the natural derivatives thereof. Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely,for any lawful purpose,upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. _a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. _Navigable River or Stream The Licensee shall not restrict the public's right to use and to pass freely,for any lawful purpose,in the waterway. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10.Unless otherwise expressly provided by this license,the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage,nor place any gates,fences,or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. - License No. 13388 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— North River Canal, LLC --by paying into the treasury of the Commonwealth--zero dollars and zero cents($0.00)--for each cubic yard so displaced,being the amount hereby assessed by said Department. 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 WnNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this 17th day of December in the year two thousand and twelve. Program Chief /� Department of Environmental Protection --North River Canal, LLC ----the further sum of-------N/A---------the amount determined b overnor as.a just and equitable charge for rights and privileges hereby granted in the land o ommonwealth. ON, Approved by the Governor. FILLED TIDELANDS �` \ 8640 SIF APPROXIMATE HISTORIC MEAN HIGH WATER SITE SOURCE: DEP AND EASTERN LAND SURVEY ; rp ASSOCIATES, INC. (1) e#aa- LOCUS MAP �yo \ MHW EL 4.3 FT (NAVD88) (ALONG CANAL WALL) MLW EL —5.2 FT (NAVD88) 4'�. SOURCE: NOAA 9ti9 GRANITE BLOCK PAVEMENT & WALL/BULKHEAD CONCRETE REMAINS 1 STORY BUILDING REMAINS �STREET m 2g GOODNUE J m T LAND o,\ VACAN � \ 1 s o c (1) BASED ON US COAST SURVEY. L NO. 303 (1850). m ENTIRE SITE WITHIN FEMA ZONE A BASE FLOOD ELEV. NOT SOURC�FEMAD FIRM MAP 250096C418F, 5 e; T 7/13/2012 G� 17 s PLANS ACCOMPANYING THE PETITION BY NORTH RIVER CANAL LLC FOR THE o CONSTRUCTION OF A MIXED USE DEVELOPMENT ON FILLED TIDELANDS OF / THE NORTH RIVER CANAL IN SALEM, LICENSE PLAN ND.(ND. 0 a ESSEX COUNTY, MASSACHUSETTS Approved by Department of Environmental Prolecti o PROJECT CONTEXT AND of fVla ach EXISTING CONDITIONS 7 2012 co i 0 0 SHEET I.OF5 0 50 100 FEET DATE: DECEMBER, 2012 SITE ARE IN THE 100 FOOT WIDE WATER DEPENDENT USE ZONE PROPOSED LANDSCAPE BUFFER 4 FT t (TYP) APPROXIMATE HISTORIC \ MEAN HIGH WATER o ti0 PROPOSED �i FENCE c9 R Z9G PROPOSED SHARED—USE L PATH - o � PROPOSED BUILDING 0 I F O \ A A t3 F F r \ 3 in \ m a 0 L c n p r m Q F / GtiPI r MEN sE�LAN NO. t 3�jj7�J? a Approved by De p ent L Environme�n�tal protection ^ >cn m D e; BE 1 y ~ o -PROPOSED-CONDITIONS i SEE SHEET 3 FOR SECTION `o SHEET OF 5 0 30 60 FEET DATE: DECEMBER, 2012 i 0 ENTIRE SITE WITHIN FEMA ZONE A. BASE FLOOD ELEV. NOT DETERMINED SOURCE: FEMA FIRM MAP 250096C418F, 7/13/2012 APPROXIMATE I HISTORIC MEAN HIGH WATER* !' N SHARED USE LAND: USES IN FILLED TIDELANDS LIMITED PATH 12 FTt BUFFE TO SHARED USE PATH, LANDSCAPING AND ASSOCIATED LIGHTING WATERFRONT PATH N PARKING AND LANDSCAPING I AND LANDSCAPING R 140t FEET 50't C I I I I I I � I I I I WATER DEPENDENT USE ZONE LICENSE PLAN NO. vV 100' Approved by Department of Environml*ntal tecnntlan SECTION A—A Date;' 14t, !U I f!� MHW EL. 4.3 FT (NAVD88) IA rn O (ALONG CANAL WALL) * SOURCE: MASS DEP; BASED ON Io ,, N rn o US COAST SURVEY NO, 303 (1Cn MLW EL. —5.2 FT (NAVD88) 850) SOURCE; NOAA rn rn w Q 9 VERTICAL: N.T.S. A Z 0 0 10 20 i'v SCALE IN FEET - HORIZONTAL - \\,,hh\nrnI\Rnctnn\11858.00\cad\ev\o Ian set\1185B—Chapt erg l.dwg 0 3 2 R R cgNgC \ ro\ O 0 0 o O c cr . .ram 3 F g�kaktayto ,.� m r O CH C2 a S n r 5 < hP J QJ rI Nc 7 m c a SOURCE: m CITY OF SALEM ASSESSOR 00 U O ® LICENSE PLAN N0. 13310 8 PROJECT ABUTTERS Approved by Department of Environmental Protection Date; I ' �}(�{r� SHEET 4 OF 5 9 ° Rn Inn =r=T DEC d A• m i15 nnrc• ncrcr.Aoco nn<n m 1. 28 GROVE STREET NORTH RIVER CANAL LLC 282 BENNINGTON STREET BOSTON.. MA 02128 2. 63 GROVE STREET PHILSON LIMITED PARTNERSHIP C/O LTW MANAGEMENT ASSOCIATION INC. P.O. BOX 5580 BEVERLY, MA 01915 3. 63 FLINT STREET COLARIS III, LLC 18 CROWNSHIELD STREET PEABODY, MA 01960 4.& 5. 12 GOODHUE STREET SALEM GOODHUE PROPERTY ACQUISITION DEPT PT—MA 29192 P.O. BOX 25025 GLENDALE, CA 91201 6. 70-92 BOSTON STREET 42ND LLC 73 PARK STREET BEVERLY, MA 01915 7. CITY OF SALEM, MASSACHUSETTS 3 93 WASHINGTON STREET SALEM, MA 01970 m R ,,y�'hdphh tf n£ 8. 64 GROVE STREET MRM PROJECT MANAGEMENT, LLC f e. _ c P.O. BOX 388 <- w.E BEVERLY. MA 01915 ! � C O 9. 50 GROVE STREET i 7 RANTOUL STREET BEVERLY, MA 01915 0 / LICENSE PLAN 140. 13388 c� co Approved by Department of Environmental Protection PROJECT ABUTTERSto Date; ' SHEET 5 OF 5 , 0 DATE: DECEMBER,2012 / o L � Tom Devine From: Chris Sparages <csparages@wsengineers.com> Sent: Thursday, November 13, 2014 1:43 PM To: Tom Devine Cc: rwilliams@wsengineers.com Subject: RE: 28 Goodhue St. site inspection Dear Tom, I had a conversation with Anthony Roberto today regarding the removal of debris from the North River. Anthonyexplained to me that the have removed quite a bit of debris since the start of construction. He Y P Y gave me the following list: multiple shopping carts several tires miscellaneous metal debris a scooter other solid waste, such as wind-blown litter stuck to rocks and vegetation The debris was disposed of in solid waste dumpsters during construction. Anthony,went on to explain that the river keeps moving new debris into the section of the river that runs along 28 Goodhue Street and that they had to stop removing it at some point. It is a safety hazard to keep sending people into the River and their attorney advised them that they had met the intent of the special condition. Anthony provided this detailed summary because if someone were to walk along the path today, he is sure that they would see something floating along the surface of the water. If you have any questions, please feel free to call me directly. Thank you. Chris Sparages, P.E. WTLLIANS SP.AR.AGES 189 North Main Street, Suite 101 Middleton, MA 01949 (978) 539-8088 Office (617) 981-5452 Mobile www.wsenaineers.com We invite you to follow us on Facebook www.facebook.com/wsengineers From. Richard Williams [mai Ito:rwilliams(awsengineers.com] Sent: Monday, November 10, 2014 4:58 PM To: 'Tom Devine' Cc: csoaraaes@wsengineers.com Subject: RE: 28 Goodhue St. site inspection i � B 0 CITY OF SALEM CONSERVATION COMMISSION February 14, 2007 North River Canal, LLC 282 Bennington Street E. Boston, Massachusetts 02128 Re: Order of Conditions—DEP #64-441 28 Goodhue Street, Salem MA Dear North River Canal, LLC: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of February 24, 2007), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to an work commencing, this Order must be recorded, a P Y g sign shall be displayed showing DEP File # 64-441 within public view, and contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978.619.5685. Sincerely, Carey D ques (J Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Attorney Joseph Correnti 120 W.ASHINGTON STREET, SALEM, IVIASSACHUSE7fS 01970 o TFL: 978.745.9595 FAX: 978.740.0404 WWW.SALENI.COM Y Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: Salem om: When filling 1.Conservation Commission out forms on the computer, 2. This issuance is for (check one): a. E Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor- do not North River Canal, LLC use the return a. First Name b.Last Name c.Company key. 282 Bennington Street d.Mailing Address E. Boston MA 02128 e.City/Town I.State g.Zip Code a� 4. Property Owner (if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 28 Goodhue Street Salem a.Street Address b.City/Town 16/15 372 Part 300 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42-31-16 70-54-38 electronic filers will click for GIS locator): e. Latitude f. Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 22202 393 c.Book d.Page 7. Dates: December 20, 2006 February 8 2007 February 14 2007 a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan North River Condominium Salem MA Existing Conditions a. Plan Title Eastern Land Survey Assoc. Christopher Mello PLS 31317 b. Prepared By c.Signed and Stamped by February 7 2007 1"=20' d. Final Revision Date e.Scale Site Development Permit Plan Salem, MA Existing Conditions 9/24/2004 Landscaping Plan 11/15/2006 wpalorrrS.tloc• rev.3It/OS Page 1 0l 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries t. ® Protection of Wildlife 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. 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 these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b. linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpatorm5.doc• rev.3/1/05 Page 2 of 9 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ® Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ 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 s. ® Riverfront area 68,430 68,430 a.total sq.feet b.total sq.feet Sq ft within 100 ft 42,080 42,080 c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 If 26,350 26,350 g.square feet h.square feet T.square feet 1.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square teat b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. El Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 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 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd 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.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.dcc• rev.3/1/05 Page 3 019 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-441 " wpafo,m5.dcc• rev.0/l/05 Page 4 of 9 I i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 1 1 L -LI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more spacefor additional conditions, select box to attach a text document wpaform5.doc• rev.3n105 Page 5 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw b.Citation 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. It you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local conditions, select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document nP aform5.do • rev.3/1105 Page 6 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special r condition pursuant to General Conditions #4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: 5 (five) This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand d to the applicant. A copy also must be mailed or hand delivered at the same time to the appro ate Dep ment of Environmental Protection Regional Office, if not filing electronically, and t e props owner, if different from applicant. Signatures'&2) i L � t01,1J.- �, - Notary Acknowledgement Commonwealth of Massachusetts County of Essex 8 February 2007 On this Day of Month Year Before me, the undersigned Notary Public, K. Cornacchi, J. Furnari, D. Pabich, D. Summer, personally appeared and K. Glidden proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/town C, CAREY R.DUOUES C�-aU ' �Y P�6c corariwwnl tx s wN carmvsdon Expires August 18,2r113 Signature of otary Public Carey R. ques Printed Name of Notary Public Place notary seal and/or any stamp above August 16 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Ex by certZfedyl,' return receipt requested, on Date Date wpaiorm5.dw- rev.T1r05 Page 7 of 9 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpaform5.tloc• rev.3/1105 Page 8 of 9 I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form 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: 28 Goodhue Street 64-441 Project Location DEP 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 wpaform5.do • rev.3/1/05 Page 9of9 Attachment to Order of Conditions # 64-441 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-441 28 Goodhue Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage &Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the construction of a four story mixed use building located along the North River. The Commission approves this project with the proposed BMPs including the installation of deep sump catch basins, and a Vortechnic s" :rmwater quality unit which will collect stormwater and separate debris from stromwater F i the North River through a 15 inch pipe. There will also be a tide flex structure in the befor •ent. 8 nnects to the outfall i leading into the North River. By locating the tide flex in a manhole mar pipe .:d; be able to be maintained more easily. The roof drains will have two exit points,a 12 inch pipe norti. :nd a 15 inch pipe to the east. Those drains that collect water near the HVAC and other roof top equipment will be connected to the system that runs through the Vortechnic System. �iect will also include the re-grading and re-paving of the site. Debris located along the granite wall River will also be removed as well as debris identified in the North River that may have demolition of the pre-existing building. Along the top of the granite wall that runs the length 01 jacent to the North River there will be a wooden guardrail with landscaping. The Commission had L out potential erosion of the wall and therefore has required the applicant to submit to the Conservation Agent,details of engineered scuppers and/or conveyances to be located along the walkway directing runoff into the North River. A total 68,430 sq ft of Riverfront Area will be impacted for the above referenced project. The Commission observed that the approved plans contain various notes for construction relating to handling existing drainage pipes and other items and the Commission would just like to reiterate that these notes shall be followed throughout the project. A snow management plan has been submitted to the Commission and it was approved with the following condition that snow shall not be pushed, placed, shoveled, or other wise deposited into the North River. Given the history of the site,and that it has an Activity and Use Limitation on it the Commission required that a soil management plan be submitted to the Conservation Agent at the pre-construction meeting and must be approved by the Conservation Commission or the Conservation Agent prior to start of the project. The Commission also noted that the site is located on historically filled tideland and therefore may be subject to Ch. 91 jurisdiction, requiring a Ch. 91 license for construction on the site. The Commission has required that the applicant receive Ch. 91 determination and/or approval and confirm compliance with the state process. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 6 pages) at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day ,Po Attachment to Order of Conditions # 64-441 Page 2of 6 appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-441, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch, 21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order, the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. Attachment to Order of Conditions # 64-441 I � Page 3of 6 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Development Permit Plan North River Condominium Salem MA Existing Conditions (Title) February 7,2007 (Dated) Christopher Mello,PLS (Signed and Stamped by) City of Salem Conservation Commission (On file with) Site Development Permit Plan Salem, MA Existing Conditions (Title) September 24,2004 (Dated) Christopher Mello, PLS (Signed and Stamped by) City of Salem Conservation Commission (On file with) Landscaping Plan (Title) November 15, 2006 (Dated) Thomas F.Galvin (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. r Attachment to Order of Conditions # 64-441 a r Page 4of 6 PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 20. There shall be 25 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The area of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty (30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer that two(2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. Attachment to Order of Conditions # 64-441 r J, Page 5of 6 DURING CONSTRUCTION 28. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 30. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 32. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 34. There shall be no pumping of water from wetland resource areas. 35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. 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 38. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (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; L p� Attachment to Order of Conditions # 64-441 Page 6of 6 (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 39. 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. 40. 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. 41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 42. Applicant shall obtain a Ch. 91 determination and/or approval. 43. Applicant shall amend and submit the snow management plan to the Conservation Commission or it's Agent at the pre-construction meeting. 44. Applicant shall submit the soil management plan for approval by the Conservation Commission's Agent at the pre-construction meeting. 45. Applicant shall submit to the Conservation Agent,details of engineered scuppers and/or conveyances to be located along the walkway directing runoff into the North River. 46. Applicant shall remove debris from the North River adjacent to the property as noted in letter dated February 7, 2007 as well as several tires and shopping carts. .. m b . — July 10, 2014 Ms. Dana S. Menon Staff Planner, City of Salem Department of Planning and Community Development 120 Washington Street, 3rd Floor Salem,MA 01970 Re. North River Apartments, 28 Goodhue Street Ms. Menon I am writing to notify you of a change we are making to the vehicle guardrail due to existing conditions. We will.be installing the guardrail at 4'-0" from the parking curb not 3'-0" as described in our letter to the Planning Department on April 16, 2014. The light pole bases were installed last September and are located 3'-0" from the parking curb. The conduit providing power to these installations follows the 3-0"offset from parking. Because the parking stalls at the perimeter are 17'-0" deep we can not move the guardrail toward the parking stall as it would impact the depth of parking allowed by zoning. The 4'-0 offset from parking is the best location to install this barrier. Another improvement we would like to make you aware of, is the grading along the pedestrian way,which would require a steep slope from edge of walkway to top of canal wall. To lessen this impact we would like to move the pedestrian way 12" away from the canal wall toward the parking area and reduce the grading of the pathway 6"to reduce the slope along this edge. This modification would increase the planting bed on the canal side to 6'-0" and decrease the planting bed on the parking side to 4'-0". The pathway would remain 10'-0"as required. The pathway grading will be designed to promote drainage toward the parking lot to be processed through the drainage system and not impact the canal. We would like the Planning Department to view this change as an insignificant change to allow us to remain on track for completion in the scheduled time and not delay occupancy of the property. Atl landscaping and pathway features will remain as designed in the original submittal. Thank you for your time to review this matter. I look forward to hearing from you. Respectfully, Thomas Galvin One Elm Square T 978.470.3675 Celebration Blvd 1420 .Andover;MA,01810 F 978.470.3670 Celebration,FL 34M7 Coln AA26001333 i OEM November 12, 2013 Mr.Tom Devine Salem Conservation Commission 120 Washington Street 3rd Floor Salem,MA 01970 Re:North River Apartments,28 Goodhue Street Mr. Devine, I am writing to clarify the type of protection the project will install along the pedestrian way that we are creating along the North River. The original decision from the Conservation Commission had a section `Additional Findings' in their Order Of Conditions#64-441,which required a"wood guard rail"along the top of the granite wall along the length of the canal. The Planning Board decision dated February 20,2007,item 10.0 requires a 4'-0"tall fence to be coordinated with the City Planner. Since the 4'-0"high fence will provide protection and a barrier for the pedestrians using the walkway,we would like to omit the required guard rail from the Conservation Commission decision. We will install a 4'-0"high decorative fence along the pathway for 60'-0"starting at Goodhue Street,and transition to a 4'-0"black vinyl coated chain link fence for the remaining 415'-0" along the canal. The chain link fence was the original fence detail for the edge of the pathway. This fence on our submission to the Planning Board was Detail 21 on drawing C1.2 (see attached). We would like the Conservation Commission to review this information and revise the Decision to omit the guard rail originally required. This would be the only component revised from the original decision. All landscaping and pathway features will remain as designed in the original submittal. Thank you for your time to review this matter. I look forward to hearing from you. Respectfully, Thomas Galvin i One Elm Square T 978.470.3675 Celebration Blvd 1420 Andover,MA 01810 F 978.470,3670 - Celebration,FL 34747 w�cu.la�assearebitecte.coan AA26001333 Attachment to Order of Conditions#64-441 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE#44 441 28 Goodhue Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHBSP)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 construction of a four story mixed use building located along the North River. The Commission approves this project with the proposed BMPs including the installation of deep sump catch basins, and a Vortechnic stormwater quality unit which will collect stormwater and separate debris from stromwater before it enters into the North River through a 15 inch pipe. There will also be a tide flex structure in the manhole which connects to the outfall pipe leading into the North River. By locating the tide flex in a manhole the structure will be able to be maintained more easily. The roof drains will have two exit points,a 12 inch pipe to the north and a 15 inch pipe to the east. Those drains that collect water near the HVAC and other roof top equipment will be connected to the system that runs through the Vortechnic System. The project will also include the re-grading and re-paving of the site. Debris located along the granite wall abutting the North River will also be removed as well as debris identified in the North River that may,have fallen m during the demolition of the pre-existing building. Along'the top of the xgranrte wall ttiat ions the leirgth" �.. W of.rhe property adjacent to the North River there will be a wooden guatdrail with landscaping. The Commission had concems about potential erosion of the wall and therefore has required the applicant to submit to the Conservation Agent,details of engineered scuppers and/or conveyances to be located along the walkway directing runoff into the North River. A total 68,430 sq ft of Riverfroat Area will be impacted for the above referenced project. The Commission observed that the approved plans contain various notes for construction relating to handling existing drainage pipes and other items and the Commission would just like to reiterate that these notes shall be followed throughout the project. A snow management plan has been submitted to the Commission and it was approved with the following condition that snow shall not be pushed,placed, shoveled,or other wise deposited into the North River. Given the history of the site,and that it has an Activity and Use Limitation on it the Commission required that a soil management plan be submitted to the Conservation Agent at the pre-construction meeting and must be approved by the Conservation Commission or the Conservation Agent prior to start of the project. The Commission also noted that the site is located on historically filled tideland and therefore may be subject to Ch.91 jurisdiction,requiting a Ch.91 license for construction on the site. The Commission has required that the applicant receive Ch. 91 determination and/or approval and confirm compliance with the state process. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 6 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day I I fr b) The developer shall prepare a buyer selection plan, for approval by the City Planner, to ensure compliance with affordable housing requirements.The developer is to be responsible for any marketing costs and income verification 10.Design Review Board a. The applicant shall submit final construction plans for review and approval by the Design Review Board(DRB)prior to obtaining a building permit. b. In the final construction plans, the landscaping at the entrance to the building shall be placed four(4)feet from the entrance, as opposed to the ten (10)feet shown on the plan. 'v c .The applicant shall work with and submit to the City Planner plans for a fence to be a foul(4) ^ feet ta withstand a weight load of at leasi 1 200'Ibs. a sa and shall provide fe barrier between ll; the canal and the walkway for toddlers and small children, d. Final material samples shall be reviewed and approved by the DRB prior to obtaining a building permit. e. The treatment of the storefronts should be some form of masonry from the bottom of the storefront windows to the ground.The details of the masonry treatment will be reviewed for conformance with the intent of the Board's recommendation when the construction drawings are submitted. f. The signage for the building and the site must be approved prior to obtaining a sign permit, 11.Traffic Mitigation The applicant agrees to donate$20,000 to the city of Salem for traffic improvements and/or a study of the area in and around Goodhue,Boston and'Bridge Streets for traffic mitigation prior to the issuance of a building permit. 12. Clerk of the Works A Clerk of the Works shall be provided by the City,at the applicant, his successors or assigns' expense, as is deemed necessary by the City Planner. 13.Salem Health Department All work shall comply with the requirements of the Salem Health Department,if applicable. W. Office of the City Engineer The applicant, his successors or assigns shall comply with all requirements of the City Engineer 15. Fire Department All work shall comply with the requirements of the office of the Salem Building Commissioner. 16. Office of the Building Commissioner All work shall comply with the requirements of the Salem Fire Department. 17. Easement for Walkway 4 Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 I�EC011-1 'y December 4, 2012 DEC 0 6 2012 Ms. Julia Knisel, Chair DEPT.of Pt . .` INN& Salem Conservation Commission OObMAUNl iV Salem City Hall Annex 120 Washington Street Salem,MA 01970 RE: F 13879 DEP FILE NO. 64-441 28 GOODHUE STREET SALEM, MA Dear Madam Chair: We have reviewed Condition No. 45 of the Order of Conditions issued by the Salem Conservation Commission for the referenced site. We are of the opinion that no scupper system for drainage of the site perimeter walkway is required. The walk was designed to pitch toward the wall along the edge of the North River. That wall is typically I to I '/z feet lower than the walk. The zone between the wall and walkway will be loamed and seeded so as to form a stable slope. Please feel free to call if there are any questions. { Sincerely., �c C � I , �;��9 � t':� �S ;J.IMr ru047Y�4n Christopher R. Mello,PLS President CRM:Ic cc: Mr. Anthony Roberto Attorney Joseph Correnti 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX: 978-531-5920 Transportation Land Development Environmental Services (V imagination innovation energy Creating results for our clients and benefits for our communities September 6,2012 Vanasse Hangen_Brustlin, Inc.— Ref: 11858.00 Mr. Tom Devine Salem Conservation Commission 120 Washington Street,3rd Floor Salem,MA 01970 Re: DEP File No. 64-441 28 Goodhue Street,Salem Notice of Project Change Dear Mr.Devine and Commissioners, On behalf of our client,North River Condominium,LLC,Vanasse Hangen Brustlin,Inc.is pleased to request the Commission's approval of the following minor modification to the project plans approved by the Commission in the Order of Conditions issued on February 14,2007. The proposed 28 Goodhue Street project is a mixed use residential/commercial development to be constructed on vacant land abutting the North River Canal. The project consists of forty-four(44)residential units,ground floor commercial space,surface parking and a canal-front shared use path providing new public access along the water. The project was approved by the Conservation Commission in February 2007 through the issuance of an Order or Conditions and extended by an Extension Permit through February 24,2013. The proponent seeks the Commission's approval to make a small change in the northeast comer of the surface parking lot by eliminating approximately 2,000 square feet of pavement in favor of additional landscaping. This modification is proposed to remove surface parking from filled tidelands to expedite licensing under M.G.L.Chapter 91. The proposed change will result in a small but measurable improvement in the project by reducing pavement in the 100-foot buffer zone and increasing vegetation along the water's edge. No modifications to the approved drainage system are proposed and no work will be required in the North River Canal. In accordance with Special Condition 15 of the Commission's Order,we respectfully request the Commission approve this small modification as an administrative matter not 99 High Street, loth Floor Boston, Massachusetts 02110-2354 617.728.7777•FAX 617.728.7782 email:info@vhb.com v .vhb.com Mr. Tom Devine Project No.: 11858.00 September 6, 2012 Page 2 requiring an amended Order of Conditions or new Notice of Intent. We would greatly appreciate the Commission's consideration of this request at the next regularly scheduled meeting. If you have any questions about the project,please do not hesitate to call me at 617-607-2185 or contact me via email at DPadien@vhb.com. Very truly yours, VANASSE HANGEN BRUSTLIN,INC. 1) . f7 Daniel Padien Senior Environmental Scientist CC: Anthony Roberto,North River Condominium,LLC Joseph Correnti,Esq.,Serafini,Serafini Darling and Correnti David O'Neil,Essex Builders Attachments: Sheet C-3: Site Grading and Utility Plan,March 22,2006 Sheet C-3: Site Grading and Utility Plan,August 23,2012 i Project file: SALE-0020 ^W, & WILLIAMS SPARAGES ENGINEERS MNNW SY0.V OU September 24, 2014 T Salem Conservation Commission S Art: Tom Devine 93 Washington Street Salem, MA 01970 I RE: 28 Goodhue Street, Salem,MA Certificate of Compliance—DEP file#64-441 Dear Mr. Devine, Please consider this a request,on behalf of the applicant, for a certificate of compliance for the work approved pursuant to DEP File#64-441. The work has been completed and was constructed substantially in accordance with the approved plans,as amended. Please note the following: 1) The lawn areas have been hydroseeded and those areas have not germinated, however I expect that to occur in the very near future. 2) The rip-rap that was placed is somewhat smaller than the 12"diameter stones discussed. However,the stones are large enough to provide the required erosion control. Two copies of the updated as-built plan are attached for your use. Please feel free to contact me if you have any questions regarding this matter. Very Trul Y s, C Richard L. Williams, P.E. Principal CC:North River Canal,LLC Essex Builders 189 North Main Street, Suite 101 9 Middleton, MA 01949 9 Tel: (978) 539-8088 • www.wsengineers.com f r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Prov ded by DEP A. Project Information Important: When fining out This request is being made by: forms on the North River Canal, LLC computer,use Name only the tab 282 Bennington Street key to move your cursor- Mailing Address do not use the East Boston MA 02128 return key. City/Town State zip Code �11 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: North River Canal, LLC Applicant February 14, 2007 64-441 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 28 Goodhue Street Salem an Order of Street Address Cityfrown Conditions,the 16 15 property owner must request a Assessors Map(Plal Number ParcegLot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: ^ ! Compliance 9 ry from the issuing North River Canal, LLC authority stating Property Owner(if different) that the work or Essex South 26581 537 portion of the work has been County Book Page . satisfactorily completed. Cer itkate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed(use additional paper if necessary). i ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid,and the work regulated by it was never started. wpelamea.0 —rev.WM4 P✓ro e t d 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Project Information (cont.) 6. Did the Order of Conditions for this project,or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer,architect, landscape i architect,or land surveyor? ® Yes If yes,attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any,exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final P 9 tY Order of Conditions(OOC). If the project received an DOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision,submit this request to the appropriate DEP Regional Office(see http7lhvww mass aov/eea/agencies/massdei)/abouVcontactsffind the-massdeo-regional office for-you r-city-or-town.htmll. wpefa .dw-rev.6 4 Pella 202 ------------- July 10, 2014 Mr. Tom Devine Salem Conservation Commission 120 Washington Street 3rd Floor Salem,MA 01970 Re: North River Apartments,28 Goodhue Street Mr. Devine, I am writing to notify you of a change we are making to the vehicle guardrail due to existing conditions. We will be installing the guardrail at 4'-0"from the parking curb not 3'-0"as described in our letter to the Planning Department on April 16,2014. The light pole bases were installed last September and are located 3'-0"from the parking curb.The conduit providing power to these installations follows the 3-0"offset from parking. Because the parking stalls at the perimeter are 17'-0"deep we can not move the guardrail toward the parking stall as it would impact the depth of parking allowed by zoning. The 4'-0"offset from parking is the best location to install this barrier. Another improvement we would like to make you aware of,is the grading along the pedestrian way,which would require a steep slope from edge of walkway to top of canal wall. To lessen this impact we would like to move the pedestrian way 12" away from the canal wall toward the parking area and reduce the grading of the pathway 6"to reduce the slope along this edge. This modification would increase the planting bed on the canal side to 6'-0"and decrease the planting bed on the parking side to 4'-0".The pathway would remain 10'-0" as required. The pathway grading will be designed to promote drainage toward the parking lot to be processed through the drainage system and not impact the canal. We would like the Conservation Commission to view this change as an insignificant change to allow us to remain on track for completion in the scheduled time and not delay occupancy of the property. All landscaping and pathway features will remain as designed in the original submittal. Thank you for your time to review this matter. I look forward to hearing from you. Respectfully, Thomas Galvin One Elm Square T 978.470.3675 Celebration Blvd 1420 Andover,MA 01810 F 978.470.3670 Celebration,FL 34747 .cw-H larras�searcbitects.wm AA26001333 � ^�Y -Y �ra�"`�+=za a4s ' * �3s "�';�..a'p�p 1'w rv�` •�,r ,w�'y�r-' ��'.�,n8r � � A z�>';e �,r1*i,�r"^a1.��." a �``r� atn •r`' r ,, *rvr �� ",� aw C x �� '� i�'S n �e -r t�gxt3 RIM October 23, 2013 Ms. Dana S. Menon Staff Planner, City of Salem Department of Planning & Community Development 120 Washington Street, 3rd Floor Salem, Massachusetts 01970 Re: North River Apartments, 28 Goodhue Street Ms. Menon, The project is progressing well and site work is about to start final grading. Attached is a sketch plan (by Williams and Sparages) showing the grading along the pedestrian way. The top of canal wall varies from elevation 7.0' to 9.6', where the majority of the wall exists below 8'. The grading for the pedestrian way is designed to have a finish grade from 11.3' to 9.8'. This will produce an elevation change of 1.5' to 2' from top of wall to the surface of the walkway. On the drawing a detail is shown for a"Rip Rap Slope" where the fence line has been moved from the back of canal wall to the edge of the pedestrian walkway. If the fence were left at the back of wall the slope would collect debris and the walkway would be hazardous with the open edge adjacent to it. The landscaping and light fixtures that were associated with this strip will be moved to the property side of the walkway. One concern I have with the using the rip rap detail is that sediment will deposit in the voids of the rocks and weeds will grow along this edge. Because the fence creates a barrier, this area will not be easily maintained. I would like your opinion on the use of bituminous pavement for the slope along the walkway, to minimize the maintenance of this strip and stabilize the slope. I have attached a sketch (SK-08) to illustrate the section at the walkway. . Thank you for your time, I will contact you to discuss this matter Respectfully, Thomas Galvin `. fr�YrY�..�:urot u.:. •e:{.w •.+zY'ti6}t k M"A :n xrvb�."'%aAb.S.nr:t.Y'-M'e HAA xap TSa AkuATi`f.%QYMN.....tS:+«+I.*b+I.M s':o.... 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I ORIcwnL R 3 e 3 0 6 \\\\a O �.i.;;° cOf ACCIPiwi ou°enLnr FREE FROML `x c��`, '°5 °>o BF. cs, w°OO OR oii OR CROON inuAc c�a oixe°:=es i°s"ex'O°wiircR MINlrnuu k GROUND ELEV At ° -, �� MAMA 4y I & m 9S7 S' LAGNI PDLE=, Iz moo° 9.7j 96[) t �� '0,e .95 / 9,50 a POa..G UNARD1uIN 6 06 O i (DISciURCE o wn r rtl. _—(s°Elc v`wu,.vnRlOs •O ELEO AID,VFAE� ,nv7 W 9j9 �• i° � C.7a � ae� NORTH RIVER G�9j ~"s° CANAL m 2 s o k h 5W_ 9 0 a � TP�y G3'' 96 O PROPOSED SIDEWALK/RIPRAP SLOPE DETAIL ^y • —�F(AG 99ryF ,i9.,? k 9 Wes' .M — Oxs rvO mos J`Cn i -6g �\� NOT 10 SCALE .Nl wnu �k /F 9q� Ins ` '' »_• +�' a �.. ate'' � ..-. � -+IL;�_ •-:`::- CIA •'4b �. %�. •a - i _ X • • IAA -. IW Sk �,-_: ,yy rf`Y.y t:•i use fly{Ii�`l°'�.��><. `ya a't:d�r . :i n r t ti �I 5 �7 +. ti•. �.1/ /R� ��,A v i ' I� I ` 1 y � .� '� ;� -"� y'• � 'y' V!f. �a}f.yam )ell p� 134 Rivcrvic�� !Vvcnua Wollham,MA 024�3 Phone'781-993-9922 has 2ACylonA !TON Email remediesrAc1ionFnv.ne Environmental l June 7, 2013 Honorable Kimberley Driscoll Mayor of Salem Salem City Hall 93 Washington Street Salem MA 01970 Re: Immediate Response Action Implementation 28 Goodhue Street, Salem, Massachusetts RTN: 3-31467 Dear Mayor: In accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.1403(3)(b), Action Environmental Solutions Pllc., dba Action Environmental, on behalf of North River Canal LLC, the owner(Owner) of the above-referenced property and release site (the Site), is notifying you of the implementation of a MCP Immediate Response Action(IRA) at the Site. The IRA was given oral approval by the Massachusetts Department of Environmental Protection (MassDEP). As background, on April 11, 2013, greater than '/z-inch of non-aqueous phase liquid (NAPL) was detected in soil at the Site. The Salem Fire Department and the MassDEP were notified of the Oil release. On April 11, 2013, the NAPL was pumped to a 55 gallon drum which was transported to ENPRO of Maine for disposal on May 30 2013. Approximately 30 yards of impacted soil was excavated for disposal at the Aggregate Recycling Corporation of Eliot, Maine. Regarding public safety, the Site is enclosed in chain-link fencing. If you should have any questions or require further clarification, please contact Glenn Carlson, the LSP of Record at (781) 893-9922. Sincerely, ACTION ENVIRONMENTAL BOSTON I Glenn A Carlson, PG, LSP Senior Project Manager cc: MassDEP,North River LLC I Transportation Land Development . . Environmental Services a imagination innovation I energy Creating results for our clients and benefits for our communities September 6,2012 Vanasse Haancjen BrustUn,_Inc. Ref: 11858.00 Mr.Tom Devine Salem Conservation Commission 120 Washington Street,3rd Floor Salem,MA 01970 1 Re: DEP File No. 64 441 00 YEN 28 Goodhue Street,Salem �7 Notice of Project Change Dear Mr.Devine and Commissioners, On behalf of our client,North River Condominium,LLC,Vanasse Hangen Brustlin,Inc. is pleased to request the Commission's approval of the following minor modification to the project plans approved by the Commission in the Order of Conditions issued on February 14,2007. The proposed 28 Goodhue Street project is a mixed use residential/commercial development to be constructed on vacant land abutting the North River Canal. The project consists of forty-four(44)residential units,ground floor commercial space,surface parking and a canal-front shared use path providing new public access along the water. The project was approved by the Conservation Commission in February 2007 through the issuance of an Order or Conditions and extended by an Extension Permit through February 24,2013. The proponent seeks the Commissions approval to make a small change in the northeast comer of the surface parking lot by eliminating approximately 2,000 square feet of pavement in favor of additional landscaping. This modification is proposed to remove surface parking from filled tidelands to expedite licensing under M.G.L. Chapter 91. The proposed change will result in a small but measurable improvement in the project by reducing pavement in the 100-foot buffer zone and increasing vegetation along the water's edge. No modifications to the approved drainage system are proposed and no work will be required in the North River Canal. In accordance with Special Condition 15 of the Commission's Order,we respectfully request the Commission approve this small modification as an administrative matter not 99 High Street, loth Floor Boston, Massachusetts 02110-2354 617.728.7777 s FAX,617.728.7782 email:info@vhb.com v .vhbcom 1 Mr. Tom Devine Project No.: 11858.00 September 6, 2012 Page 2 requiring an amended Order of Conditions or new Notice of Intent. We would greatly appreciate the Commission's consideration of this request at the next regularly scheduled meeting. If you have any questions about the project,please do not hesitate to call me at 617-607-2185 or contact me via email at DPadien@vhb.com. Very truly yours, VAANNASSE HANGEN BRUSTLIN,INC. )� Daniel Padien Senior Environmental Scientist CC: Anthony Roberto,North River Condominium,LLC Joseph Correnti,Esq.,Serafini,Serafini Darling and Correnti David O'Neil,Essex Builders Attachments: Sheet C-3: Site Grading and Utility Plan,March 22,2006 Sheet C-3: Site Grading and Utility Plan,August 23,2012 SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN E. DARLING 978-744-OR12 JOSEPH C. CORRENTI FACSIMILE 97 R-741-4663 December 5, 2012 VIA ELECTRONIC MAIL Thomas H. Devine, Conservation Administrator Salem Conservation Commission 120 Washington Street, P Floor Salem, Massachusetts 01970 Re: North River Canal, LLC DEP File No. 647441 28 Goodhue Street Dear Mr. Devine: On behalf of North River Canal, LLC, I respectfully request to be placed on the agenda for the Commission's next regularly scheduled meeting. The purpose is to discuss amending Condition No. 45 of the attached Order of Conditions. Also attached please find a letter from Eastern Land Survey Associates, Inc. dated December 4, 2012. North River Canal, LLC Jos its Attorne , h C. C [enti Enclosures cc: client Eastern Land Survey Associates, Inc. Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD &WEED 1885- 1972 December 4, 2012 Ms. Julia Knisel, Chair , Salem Conservation Commission Salem City Hall Annex 120 Washington Street Salem, MA 01970 RE: F 13879 D.EPFILE NO. 64441 28 GOODHUE STREET SALEM,MA Dear Madam Chair: We have reviewed Condition No. 45 of the Order of Conditions issued by the Salem Conservation Commission for the referenced site. We are of the opinion that no scupper system for drainage of the site perimeter walkway is required. The walk was designed to pitch toward the wall along the edge of the North River. That wall is typically I to 1 '/z feet lower than the walk. The zone between the wall and walkway will be foamed and seeded so as to form a stable slope. Please feel free to call if there are any questions. Sincerely: , Christopher R. Mello,PLS President CRM:lc Frio cc: Mr. Anthony Roberto Attorney Joseph Correnti 104 LOWELL STREET PEABODY, MASS. 01960 _EPHONE: 978-531-8121 FAX: 978-531-5920 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: i` WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IIIIII II II IIIIII IIIII IIIIIIIIIIIII A. General Information 2007022100516 NIMBI Pg;537 Important: Salem 02/21/2007 13:36:00 OTHER Pe 1/14 When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for (check one): a. ■ Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not North River Canal, LLC use the return a. First Name b.Last Name c.Company key. 282 Bennington Street d.Mailing Address r0 E. Boston MA 02128 e.City/Town I.State g.Zip Code 4. Property Owner (if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town I.State g.Zip Code 6. Project Location: 28 Goodhue Street Salem a.Street Address b.City/Town 16/15 372 Part 300 c.Assessors Map/Plat Number - d.Parcel/Lot Number Latitude and Longitude, if known (note: 42.31-16 70.54-38 electronic filers will click for GIS locator): e.Latitude I.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 22202 393 c.Book d.Page 7. Dates: December 20, 2006 February 8, 2007 February 14, 2007 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan North River Condominium Salem MA Existing Conditions a. Plan Title Eastern Land Survey Assoc. Christopher Mello, PLS 31317 b. Prepared By c.Signed and Stamped by February 7, 2007 1"=20' d.Final Revision Date e.Scale Site Development Permit Plan Salem, MA Existing Conditions 9/24/2004 Landscaping Plan 11/15/2006 wpalorm5.aac rev.311105 Page 1 o19' Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: r WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® 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. 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 these interests,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 10.051 Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linearfeet d.linear feet 6. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpaiorm5Ao - rev.3/1105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ® Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet I.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 68,430 68,430 s. ® Rivertront area a.total sq.feet b.total sq.feet 42,080 42,080 Sq It within 100 It 42,080 square feet d.square feet e.square feet I.square feet Sq ft between 100-200 k 26,350 26,350 g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c,cu.yd dredged d.cu.yd dredged 12, ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 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 1s. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd 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.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet w alormSaoc• rev.3/1105 Page 3 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64.441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or J. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DER] "File Number 64-441 " wpalorm5.doc• rm3/1/05 Page 4 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: �1 WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document wpalorre&dw•rev.7n105 Page 6 of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission s. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation 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. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p 9 P y conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document �vpalorm&doc• rev.9/1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' r1 WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special r r condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: 5 (five) This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand to the applicant. A copy also must be mailed or hand delivered at the same time to the appro ate Dep ment of Environmental Protection Regional Office, if not filing electronically, and t e grope owner, if different from applicant. Signatures'&O w (]0-,L;_ ca - Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 8 of February 2007 Day Month Year Before me,the undersigned Notary Public, K. Cornacchi, J. Furnari, D. Pabich, D. Summer, personally appeared and K. Glidden proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Citylrown 91, CAREY �ES it Cpe1MM�LLr�t of Wss�a6reErre idY CammisWan Expires /Wgus116,2073 Signature of otary Public Carey R. ques Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Ex by c rtif'I d rt��a�return receipt requested,on y Dale Date rvpalorm5,tloc•rev.311105 Page 7 of l Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-441 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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 DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wealorm&doc•rev.3/1105 Page 8 of o Attachment to Order of Conditions # 64-441 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-441 28 Goodhue Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage & Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the construction of a four story mixed use building located along the North River. The Commission approves this project with the proposed BMPs including the installation of deep sump catch basins, and a Vortechnic stormwater quality unit which will collect stormwater and separate debris from stromwater before it enters into the North River through a 15 inch pipe. There will also be a tide flex structure in the manhole which connects to the outfall pipe leading into the North River. By locating the tide flex in a manhole the structure will be able to be maintained more easily. The roof drains will have two exit points, a 12 inch pipe to the north and a 15 inch pipe to the east. Those drains that collect water near the HVAC and other roof top equipment will be connected to the system that runs through the Vortechnic System. The project will also include the re-grading and re-paving of the site. Debris located along the granite wall abutting the North River will also be removed as well as debris identified in the North River that may have fallen in during the demolition of the pre-existing building. Along the top of the granite wall that runs the length of the property adjacent to the North River there will be a wooden guardrail with landscaping. The Commission had concerns about potential erosion of the wall and therefore has required the applicant to submit to the Conservation Agent,details of engineered scuppers and/or conveyances to be located along the walkway directing runoff into the North River. A total 68,430 sq ft of Riverfront Area will be impacted for the above referenced project. The Commission observed that the approved plans contain various notes for construction relating to handling existing drainage pipes and other items and the Commission would just like to reiterate that these notes shall be followed throughout the project. A snow management plan has been submitted to the Commission and it was approved with the following condition that snow shall not be pushed, placed, shoveled, or other wise deposited into the North River. Given the history of the site,and that it has an Activity and Use Limitation on it the Commission required that a soil management plan be submitted to the Conservation Agent at the pre-construction meeting and must be approved by the Conservation Commission or the Conservation Agent prior to start of the project. The Commission also noted that the site is located on historically filled tideland and therefore may be subject to Ch. 91 jurisdiction,requiring a Ch. 91 license for construction on the site. The Commission has required that the applicant receive Ch. 91 determination and/or approval and confirm compliance with the state process. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 6 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day v Attachment to Order of Conditions # 64-441 Page 2of 6 appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-441,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L. Ch. 21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. Attachment to Order of Conditions # 64-441 Page 3of 6 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Development Permit Plan North River Condominium Salem, MA Existing Conditions (Title) February 7, 2007 (Dated) Christopher Mello,PLS (Signed and Stamped by) City of Salem Conservation Commission (On file with) Site Development Permit Plan Salem, MA Existing Conditions (Title) September 24,2004 (Dated) Christopher Mello,PLS (Signed and Stamped by) City of Salem Conservation Commission (On file with) Landscaping Plan (Title) November 15,2006 (Dated) Thomas F. Galvin (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. y Attachment to Order of Conditions # 64-441 Page 4of 6 PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work, and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 19. No clearing of vegetation, including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 20. There shall be 25 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The area of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer that two(2) months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. J Attachment to Order of Conditions #64-441 7 4. Page 5of 6 DURING CONSTRUCTION 28. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 30. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 32. All exposed sub-soils shall be covered by a minimum of three(3) inches of quality screened loam topsoil prior to seeding and final stabilization. 33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 34. There shall be no pumping of water from wetland resource areas. 35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. 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 38. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (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; l c Attachment to Order of Conditions # 64-441 Page 6of 6 (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 39. 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. 40. 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. 41, Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 42. Applicant shall obtain a Ch. 91 determination and/or approval. 43. Applicant shall amend and submit the snow management plan to the Conservation Commission or it's Agent at the pre-construction meeting. 44. Applicant shall submit the soil management plan for approval by the Conservation Commission's Agent at the pre-construction meeting. 45. Applicant shall submit to the Conservation Agent, details of engineered scuppers and/or conveyances to be located along the walkway directing runoff into the North River. 46. Applicant shall remove debris from the North River adjacent to the property as noted in letter dated February 7, 2007 as well as several tires and shopping carts. 26�tl l 18A �12J(Dy Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 February 9, 2007 RECEIVED Ms. Carey R. Duques FEB 12 2007 Conservation Administrator Salem Conservation Commission COMMUNITY PLANNING& Y DEVELOPMENT 120 Washington St., 3rd Floor Salem, MA. 01970 RE: F13879 28 GOODHUE STREET SALEM, MA. Dear Ms. Duques: Accompanying this letter is the final Stormwater Management Plan for the referenced site. If there are any questions, please do not hesitate to call. truly yours, Jam . MacDowell JHM:aly Enclosure CC: Attorney Joseph Correnti (letter only) Mr. Anthony Roberto (letter only) 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX: 978-531-5920 OPERATIONS AND MAINTENANCE PLAN PROPOSED STORMWATER MANAGEMENT FACILITIES NORTH RIVER CONDOMINIUM SALEM, MASSACHUSETTS JANUARY 2006 REVISED: FEBRUARY 2007 A. Deep Sump Catch Basins 1. During Constriction a. Protect catch basins grates with hay bales, check dams until base paving course is installed and landscaped areas are stabilized and/or vegetated. b. Inspect basins monthly or following rainstorms of greater than one inch in 24 hours and clean when sediment levels are greater than twelve inches. 2. Long Term a. Inspect basins monthly and clean as necessary, but at least twice annually. B. Vortechs Stormwater Treatment Systems I. During Construction a. It is recommended that the Vortechs System serving a particular watershed not be installed until at least 75 percent of the tributary area has been stabilized. 2. Long Term a. The inspection and maintenance of the Vortechs Systems shall be done in accordance with the manufacturer's recommendations, a copy of which follows. C. Tideflex Check Valve a. The Tideflex check valve (located in Drain Manhole 9A) shall be inspected monthly and cleaned of any debris as necessary. D. Snow Management Plan a. Snow removal and/or storage shall be conducted in accordance with the Massachusetts DEP, Resource Protection Snow Disposal Guidance, effective March 1, 2001. Snow shall not be stockpiled on the walkway adjacent to the North River nor on top of catch basins and shall not be dumped,pushed, blown or otherwise deposited into the river. b. Snow stockpile areas shall be designated prior to snowfall (but not later than December I5t) with orange plastic temporary fencing. Snow stockpile areas shall be cleaned of any debris not later than May 15`h. If snow exceeds the on-site storage capacity, it shall be removed to an approved off-site stockpile location. The party responsible for Operation and Maintenance of the Stormwater Management Facilities is: North River Condominium, LLC 282 Bennington Street East Boston, MA. 02128 Tel: (617)-293-1525 Or its heirs and assigns. Maintenance The Vortechs System should be inspected at regular intervals and maintained when necessary to ensure optimum performance. The rate at which the system collects pollutants will depend more heavily on site activities than the size of the unit, e.g., unstable soils or heavy winter sanding will cause the grit chamber to fill more quickly but regular sweeping will slow accumulation. Inspection Inspection is the key to effective maintenance and is easily performed. CONTECH Stormwater Solutions recommends ongoing quarterly inspections of the accumulated sediment. Pollutant deposition and transport may vary from year to year and quarterly inspections will help insure that systems are cleaned out at the appropriate time. Inspections should be performed more often in the winter months in climates where sanding operations may lead to rapid accumulations, or in equipment washdown areas. It is very useful to keep a record of each inspection.A simple form for doing so is provided. The Vortechs System should be cleaned when inspection reveals that the sediment depth has accumulated to within six inches of the dry-weather water surface elevation. This determination can be made by taking 2 measurements with a stadia rod or similar measuring device, one measurementfrom the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface.The System should be cleaned out if the difference between the two measurements is six inches or less. Note: to avoid underestimating the volume of sediment in the chamber, the measuring device must be lowered to the top of the sediment pile carefully. Finer, silty particles at the top of the pile typically offer less resistance to the end of the rod than larger particles toward the bottom of the pile. Cleaning Maintaining the Vortechs system is easiest when there is no flow entering the system. For this reason, it is a good idea to schedule the cleanout during dry weather. Cleanout of the Vortechs system with a vacuum truck is generally the most effective and convenient method of excavating pollutants from the system. If such a truck is not available, a"clamshell° grab may be used, but it is difficult to remove all accumulated pollutants with such devices. In installations where the risk of large petroleum spills is small, liquid contaminants may not accumulate as quickly as sediment. However, an oil or gasoline spill should be cleaned out immediately. Motor oil and other hydrocarbons that accumulate on a more routine basis should be removed when an appreciable layer has been captured.To remove these pollutants, it may be preferable to use adsorbent pads since they are usually cheaper to dispose of than the oil water emulsion that may be created by vacuuming the oily layer.Trash can be netted out if you wish to separate it from the other pollutants. Accumulated sediment is typically evacuated through the manhole over the grit chamber. Simply remove the cover and insert the vacuum hose into the grit chamber.As water is evacuated,the water level outside of the grit chamber will drop to the same level as the crest of the lower aperture of the grit chamber. It will not drop below this level due to the fact that the bottom and sides of the grit chamber are sealed to the tank floor and walls. This"Water Lock"feature prevents water from migrating into the grit chamber, exposing the bottom of the baffle wall. Floating pollutants will decant into the grit chamber as the water level there is drawn down.This allows most floating material to be withdrawn from the same access point above the grit chamber. If maintenance is not performed as recommended, sediment may accumulate outside the grit chamber. If this is the case, it may be necessary to pump out all chambers. It is a good idea to check for accumulation in all chambers during each maintenance event to prevent sediment build up there. Manhole covers should be securely seated following cleaning activities, to ensure that surface runoff does not leak into the unit from above. ©2006 CONTECH Stonnwater Solutions 117 Mqminh*n*nce Vortechs System inspection & Maintenance !Rill il"111 IN MEN 'v SAMPLE SHEE 1 The water depth to sediment is determined by taking two measurements with a stadia rod:one measurement from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface.When the difference between the two measurements is six inches or less, the system should ha cleaned out. 2. For optimum performance, the system should be deaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In the event of a spill, the system should be cleaned immediately. 118 @2OO8CONTECHG0nnwatarSolutions Vortechis System Inspection & Maintenance Log 06def" ' s a tr j r a �� s^ LoeatOn $� e M t J 4ci WON k�E @ 4 y f'4�T5✓ 0 a r sv nA 6 '. eNO � Y$, ry* , a s':�''=a.r• t�_ .r,x ��9, �r-,xx �,�, ?'a �fn"�IASF.'.� rk6.' % z+4;a F 1 1 .x M. e � 'fir t , sAw Mar rv+r r .�.. �: .t..5 �,M•*£...-.t+s' .d a.e'�t.,c_.! ue r xd`i. � ��--�+��sur `y£. �'�'�i4�"��, �dy 'yiu� y��r"' r$.'i's`'"' 4 v u>. -'�""$�`�. �Z3' .{,"�• t +n�'��°lfs�q�'�i f''dr��v'. ,:`'.'xEN y"`ys 1. The water depth to sediment is determined by taking two measurements with a stadia rod: one measurement from the manhole opening to the top of the sediment pile and the other from the manhole opening to the water surface.When the difference between the two measurements is six inches or less, the system should be cleaned out. 2. For optimum performance, the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness. In the event of a spill, the system should be cleaned immediately. 02006 CONTECH Stormwater Solutions 119 January 8, 2007 Mr. Bruce Thibodeau, PE City of Salem Office of the City Engineer 120 Washington Street, 41h Flr. Salem, MA. 01970 RE: F13879 28 GOODHUE ST. SALEM, MA. Dear Mr. Thibodeau: The following items and courses of action were discussed at our meeting of January 8, 2007 relative to the referenced project: 1. Sanitary Sewer Connection: It does not appear that any City-owned sanitary sewer is available within 100 feet of the site. Eastern Land Survey Associates, Inc. will double check existing manholes to confirm. If this is the case, you will recommend to S.E.S.D. that the connection to the existing manhole, as shown on the plan, be permitted, subject to their construction requirements; 2. Water Supply Connection: The proposed six inch sprinkler line is to be connected using a cut-in tee, 2 eight inch gate valves and a six inch gate on the sprinkler branch instead of the tapping sleeve and gate indicated on the plan. A note will be added to the plan requiring preconstruction coordination of the connection with the Salem DPW, especially in consideration of the anticipated difficulties in closing existing gate valves; 3. Storm Drainage: The proposed system will be modified as follows: a. An appropriately sized Vortechs water quality unit will be substituted for the Baysaver; b. A Tideflex check valve will be provided in a manhole between the Vortechs and the system discharge point; 4. It is understood that the project will not require a drainage alteration permit since the site was previously developed in its entirety. Calculations provided to the Planning Department indicate that no increase in site runoff from prior conditions will occur. If this information meets your approval, kindly so notify both S.E.S.D. and the City of Salem Planning Department. If there are any questions, please do not hesitate to call. Thank you for your anticipated cooperation in this matter and all the best in your future endeavors. Very truly yours, James H. MacDowell JHM:aIv CC: Salem Planning Board (via email) Salem Conservation Commission (via email) Mr. Anthony Roberto Attorney Joseph Correnti � $-9uya�94uv� AvNM erornlg34�p hn�dbxaH'n = '; �Jp17�q�% no-9 o� "� y� ,o-.off � �t e a � _ ,� � �� i' h fr � �.�� y �M g � �ry � vim..� n�?"+„,�,4 T 3 z �� .. �� ! � - I t . .. -. .. F _ L � ,...' SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI, JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER 978-741-4683 December 20, 2006 VIA HAND DELIVERY Carey R. Duques, Conservation Agent Salem Conservation Commission SEC G o 7' 120 Washington Street Salem, Massachusetts 01970 DEPT. OF PLANNING& COMMUNITY DEVELOPMENT Re: Notice of Intent Applicant: North River Canal, LLC 28 Goodhue Street, Salem, Massachusetts Dear Ms. Duques: Enclosed for filing with the Conservation Commission, please find the following in connection with the above referenced property: 1. One (1) original and seven (7) copies of the completed Notice of Intent, including NOI Wetland Fee Transmittal Form and Stormwater Management Form; 2. Eight (8) copies of Site Development Permit Plan dated November 15, 2006, prepared by Eastern Land Survey Associates, Inc.; 3. Check payable to the City of Salem in the amount of $800.00, representing the filing fee; and 4. Copy of check payable to Commonwealth of Massachusetts in the amount of $775.00. Please place this matter on the Commission's agenda for its next available meeting. i December 20, 2006 Page Two If you have any questions or require anything further, please do not hesitate to contact me. Sincerely, ose h C. C 'enti JCC:dI Enclosures cc: North River Canal, LLC Eastern Land Survey Associates, Inc. 14745 EASTERN LAND SURVEY ASSOCIATES, INC. 104 LOWELL ST. PEABODY, MA 01960 53-179/113 (' DATE DOO I ' � .w cx1 PAY TO �b&4SZ)A)1 l 1)1 M�i�� ' ORDER OF / p - a-��GCI DOLLARS e .....a Eastern Bank 333 �•wo•EA6lEflWe=cmbmk.com FOR -- ii'0L4745u' +i:0LL30L798i: 04 40002L. 591i' y SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. 5R. TELEPHONE JOHN R SERAFINI. JR. 976-744-0212 JOHN E. DARLING 781-5BI-2743 JOSEPH C. CORRENTI TELECOPIER January 11, 2007 978-741-4683 VIA HAND DELIVERY Carey R. Duques, Conservation Agent Salem Conservation Commission 120 Washington Street Salem, Massachusetts 01970 Re: Notice of Intent Applicant: North River Canal, LLC 28 Goodhue Street, Salem, Massachusetts Dear Ms. Duques: Enclosed for filing with the Conservation Commission, please find the following: 1. Six (6) certified mail return receipt cards in connection with the notifications sent to the abutters of the North River Canal, LLC Notice of Intent filing, together with a copy of the certified abutters list, indicating which of the receipts we have received to date. In the case of the two (2) return receipts we have yet to receive, I have enclosed a copy of the certified mail receipt stamped by the Salem Post Office. 2. Two (2) certified mail return receipt cards for the filings made to the Department of Environmental Protection. If you have any questions or require anything further, please do not hesitate to contact me. Sincerely, Joseph C. Correnti JCC:dl Enclosures Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number 01 Salem City/Town When filing out Imp°'�"` A. General Information forms on the computer, use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your 2 8 Goodhue Street Salem cursor-do not 01970 use the return a. Street Address b.Citylrown c.Zip Code key. Latitude and Longitude: 42-31-16 70-54-38 d. Latitude e. Longitude 16 / 15 372 Part 300 f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: North River Canal, LLC a. First Name b.Last Name c.Company Note: 282 Bennington St. Before d.Mailing Address i completing this form consult E. Boston MA. 02128 your local e.City/Town f.State g.Zip Code Conservation Commission h. Phone Number i. Fax Number 1. Email address .regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check I more than one owner ;or ordinance. ,.' a. First Name b. Last Name c.Company '' ; d. Mailing Address e.City/Town f.State g.Zip Code In. Phone Number i. Fax Number /.Emad address 4. Representative(if any): Serafini Serafini Darling & Correnti , LLP a. Firm Attorney Joseph Correnti b.Contact Person First Name c.Contact Person Last Name 63 Federal Street d. Mailing Address Salem VIA 01970 e.City/Town f.State g.Zip Code 978-744-0212 h.Phone Number i. Fax Number I.Email address i 5. Total WPA Fee Paid (from N01 Wetland Fee Transmittal Form): $1,575.00 $775.00 $800.00 y ` a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid 4 e 6. General Project Description: i „ Redevelopment of former industrial site into commercial space and residential condominiums wpaform3.doc•rev.4/12/06 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DER 1 Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of intent • 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ® Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: Essex (So. District) 393 a. County b. Page Number 22202 c. Book d. Certificate#(if registered land) • 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes-answer 11 below, then skip to Section C. b. ® No-skip to Section B. 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d. linear feet wpaform3.doc•rev.4/12/06 Page 2 of 7 Massachusetts Department of Environmental Protection Provided by DER \1 -- Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town B. Resource Area Effects 1. Inland 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. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1. linear feet 2. linear feet number e b. Borderin❑ Vegetated 9 9 (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2,square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d ® Bordering Land Department. Subject to Flooding 1,square feet 2.square feet 3.cubic feet of flood storage lost 4.9 cubic feet of Flood storage replaced e. El Isolated Land Subject • to Flooding 1.square feet 2.cubic feet of flood storage lost 3. cubic feet of flood storage replaced f. ® Riverfront area North River ❑ For projects 1. Name of Waterway(if available) impacted by 1. Width of Riverfront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. -New agricultural projects only resource area, add ® 200 ft. -All other projects 50% to the total fee. 2. Total area of Riverfront Area on the site of the proposed project: 68,430 Square Feet 3. Proposed alteration of the Riverfront Area: 68,430 42,080 26,350 a.Total Square Feet b. Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No s wpaform3.doc•rev.4/12/06 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DER 1 Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem i City/Town B. Resource Area Effects 2. Coastal Resource Areas: 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 b ❑ Land Under the Ocean 1. Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2. Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2. Cubic yards dune nourishment • f. ❑ Coastal Banks 1. Linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1. Square feet 2.Sq ft restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1. square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1. Square feet 2.Square feet restoration, rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? • a. ❑ Yes ® No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev. 4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent 1 Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page) with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource •Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a Rivertront narrative 5. Other resource areas delineated: explaining how D. Other Applicable Standards and Requirements the resource Pp q area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 2006 Atlas Route 135, North Drive b. Date of Map Westborough, MA 01581 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. ❑ Yes M No If yes, include proof of mailing or hand delivery of NOI to: Division of Marine Fisheries -Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ❑ Not applicable— project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? • a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.4/12106 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes [9 No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ® Yes ❑ No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: • E. 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 loca te ate 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. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 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. s. ❑ Attach NOI Wetland Fee Transmittal Form g. ❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.4/12/06 Page 6 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands ' `DEP File Number WPA FOPIII 3 - Notice of Intent .,,I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). 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: 14746 12/5/06 1.Municipal Check Number 2. Check date 14745 1215/06 3.State Check Number 4.Check date Eastern Land Survey Associates Inc. 5.Payor name on check:First Name 6. Payor name on check: Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the • expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131. §40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. Nort River Canal, LLC Signatur fAppli t �. . Date s h oreren *EsgaVpire Date LLP December 20 2006 raefini Darlin & Correnti gyat W[21entejitq26". Salem MA 01970 Date For Conservation Commission: (978). 14 4-0212 Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, 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.4/12/06 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab key to move a. First Name b. Last Name North River Canal, LLtV your cursor- 282 Bennington Street do not use the d.Mailing Address return key. E. Boston MA 02128 e. Cityrrown f. State g.Zip Code . h. Phone Number ao 2. Property Owner(if different): a. First Name b. Last Name - a Company d. Mailing Address e.City/Town f.State g.Zip Code h. Phone Number 3. Project Location: • _ 28 Goodhue Street Salem a.Street Address b.CityFrown To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for 9 9 p filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step 11Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. • Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpatorm3.dm•Not Welland Fee Transmittal Form•rev.311/05 Pagel 0(2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 3b- 1 Building 1 $1,050 x 1.5 $1,575.00 Step 51Total Project Fee: $1,575.00 • Step 6/Fee Payments: Total Project Fee: $1,575.00 a.Total fee from Step 5 State share of filing fee: $ 775.00 b. 1/2 total fee less$12.50 City/Town share of filling fee: $ 800.00 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. 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. c.) To DEP 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.) Wpaform3.doc•NOI Wetland Fee Transmittal Form•rev.311105 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Property Information Important: When filling out 1. The proposed project is: forms on the computer, use a. New development ❑ Yes ❑ No only the tab key to move b. Redevelopment ® Yes ❑ No your cursor- do not use the (If yes, distinguish redevelopment components from return—key. c. Combination ❑ Yes ® No new development components on plans). .dIM I 2. Stormwater runoff to be treated for water quality is based on the following calculations: a. ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas (Outstanding Resource Waters, recharge areas of public water supplies, shellfish growing areas, swimming beaches, cold water fisheries). Note: b. ® 0.5 inches of runoff x total impervious area of post-development site for other resource areas. This November 2000 version of the Stormwater . Management B. Stormwater Management Standards Form supersedes earlier versions including those 9 y Polic ( arch 1997)ement DEP's Stormwater Management M includes nine standards that are listed on the *contained in following pages. Check the appropriate boxes for each standard and provide documentation and DEP's additional information when applicable. Stormwater Handbooks. Standard#1: Untreated stormwater a. ® The project is designed so that new stormwater point discharges do not discharge untreated stormwater into, or cause erosion to, wetlands and waters. Standard#2: Post-development peak discharges rates a. ® Not applicable—project site contains waters subject to tidal action. Post-development peak discharge does not exceed pre-development rates on the site at the point of discharge or downgradient property boundary for the 2-yr, 10-yr, and 100-yr, 24-hr storm. b. ❑ Without stormwater controls c. ❑ With stormwater controls designed for the 2-yr, and 10-yr storm, 24-hr storm. d. ❑ The project as designed will not increase off-site flooding impacts from the 100-yr, 24-hr storm. Wpeform3.doc•Stormwater Management Form•rev.3/1/05 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard #3: Recharge to groundwater Amount of impervious area (sq. ft.) to be infiltrated: a. a.square feet Volume to be recharged is based on: b. ® The following Natural Resources Conservation Service hydrologic soils groups (e.g. A, B, C, D, or UA) or any combination of groups: 100 D 1. %of impervious area 2. Hydrologic soil group 3.%of impervious area 4. Hydrologic soil group 5.e/of impervious area 6.Hydrologic soil group 7.%of impervious area 8. Hydrologic soil group c. ❑ Site specific pre-development conditions: 1. Recharge rate 2.volume d. Describe how the calculations were determined: Redeveloped site will have less impervious coverage than when previously developed e. List each BMP or nonstructural measure used to meet Standard#3 (e.g. dry well, infiltration trench). Does the annual groundwater recharge for the post-development site approximate the annual recharge from existing site conditions? f. ® Yes ❑ No Standard #4: 80%, TSS Removal a. ® The proposed stormwater management system will remove 80%of the post-development site's average annual Total Suspended Solids (TSS) load. b. Identify the BMP's proposed for the project and describe how the 80%TSS removal will be achieved. Deep sump catch basins and Baysaver water quality system. Wpaform3.doc•Stormwater Management Form•rev.311M5 Page 2 of 5 •EIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) c. If the project is redevelopment, explain how much TSS will be removed and briefly explain why 80% removal cannot be achieved. Standard#5: Higher potential pollutant loads See Stormwater Policy Handbook Does the project site contain land uses with higher potential pollutant loads Vol. I, page 1-23, for land uses of a. ❑ Yes ® No b. If yes, describe land uses: high pollutant loading (see Instructions). c. Identify the BMPs selected to treat stormwater runoff. If infiltration measures are proposed, describe the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a critical area, infiltration is not allowed.) • Standard #6: Protection of critical areas See Stormwater Will the project discharge to or affect a critical area? Policy Handbook Vol. I, page 1 -25, for critical areas a. ❑ Yes ® No b. If yes, describe areas: (see Instructions). c. Identify the BMPs selected for stormwater discharges in these areas and describe how BMPs meet restrictions listed on pages 1-27 and 1-28 of the Stormwater Policy Handbook—Vol. I: Wpaform3.doc•Stormwater Management Form•rev.aIM5 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 II B. Stormwater Management Standards (cont.) Note: components of Standard #7: Redevelopment projects redevelopment projects which Is the proposed activity a redevelopment project? plan to develop previously a. M Yes ❑ No b. If yes, the following stormwater management standards have been met: undeveloped areas do not fall All applicable to site. under the scope of Standard 7. c.The following stormwater standards have not been met for the following reasons: d. ® The proposed project will reduce the annual pollutant load on the site with new or improved . stormwater control. Standard#8: Erosion/sediment control a. ® Erosion and sediment controls are incorporated into the project design to prevent erosion, control sediments, and stabilize exposed soils during construction or land disturbance. Standard#9: Operation/maintenance plan a. ® An operation and maintenance plan for the post-development stormwater controls have been developed. The plan includes ownership of the stormwater BMPs, parties responsible for operation and maintenance, schedule for inspection and maintenance, routine and long-term maintenance responsibilities, and provision for appropriate access and maintenance easements extending from a public right-of-way to the stormwater controls. Operation and Maintenance Plan - North River Condominium January 2006 b. Plan/Title c. Date d.Planrrdle e. Date • Wpaform3.doc-Stormwater Management Form•rev.311105 Page 4 of 5 it Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements Online Users: DEP recommends that applicants submit this form, as well as, supporting documentation and plans, Include your with the Notice of Intent to provide stormwater management information for Commission review document consistent with the wetland regulations (310 CMR 10.05 (6)(b)) and DEP's Stormwater Management transaction Policy (March 1997). If a particular stormwater management standard cannot be met, information number should be provided to demonstrate how equivalent water quality and water quantity protection will be (provided on provided. DEP encourages engineers to use this form to certify that the project meets the stormwater your receipt management standards as well as acceptable engineering standards. For more information, consult page)with all the Stormwater Management Policy. supplementary information you submit to the Department. D. Signatures North River Canal, LLC By its Attorney, Applicant Name r - Date Signat ose C. Correnti, Esqui e Serafini, Serafini, Darling & Correnti, LLP 63 Federal Street December 20 2006 Salem, MA 01970 Representative(if any) (9 7 8) 744-0212 Date Signature Wpaform3.dm•Stormwater Management Form•rev.3/1/05 Pape 5 of 5 ^�a��f yr fl"v` JS'4.�rA Sa'"ac ♦) �''y {C�.v+..o5 4 �e l l"�F1 'L�'z'+ti�"5•'Ts `Y h./ +a Z�Fb'�- �� - I MR 4 y -3,,��R.Jia��a��' �r`� 3'�j�� y ve..J�-',�Lah'.��y� "L'•I� � x "� ,R �� y, 1v RI �w z r � �4W eycn vs V?a'4�6 ftaai€"`�•v" Iy'`,n ,i e`,-3 �',e'1 1 1 , �y,,` 'x 4 ac • 'MS' a +`.?•' '" r" "�" ^w w' r u:,- E.' -.r 'bb,, e � it w* z A''•a"E Es.� s.'rf3 s>��'f s�'• to Cdj r ,e E` ai'y-4.. 3tgg sm�ii�.,...,aa k{: ry4 •�i� _ ._�4.ea a�",+�H idi.��j�'S��' '•`fy rLti-E a� ^„a�' �irv��;� �'. y�"'r�v`"� � �v,:�y,Ha� Y's�•-"�'. 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F '€�� t`y�'='� o �6�`kKc„ �de3� Y "r •'��m'��'aff3tS�+��r- N. P, a °d•-• "M�, �,�e..�}"��{�� c?tea�.�a�4\ �' ,w I ��G's'�•' g�{< `Ear 'Ja� 'r)Y ae � m3"rfih'��'-�a�S'�� .4f� �s�i 3,F GF"• �»,�''^'4'iG"�t..�R� r 9e c Z 5.3.�.� 'aTl MAP4g RSLA �� V b'^ .w+e1 aka � `%. _S'` a��?' >A �vua Xi' 2024 � Y� �`s�f T� r.;. � �, 7 j 3s s- 1 '� "A•1°x��r-sM'�",kF"'_��'k��si��'�5�{�`�� r t j j .w q�} Mt . .�+" � ".i f ��`�zk1 cd�o-� �h,�a°� �'t' �.r"f�� - �" •::ae • Professional Land Surveyors& Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 STORMWATER MANAGEMENT PLAN NORTH RIVER CONDOMINIUM 28 GOODHUE STREET • SALEM, MASS. JANUARY 2006 REVISED NOVEMBER 15, 2006 • A �yq"0 I,N IVIL Q.30959 PGIYA6EN��® �vvvo`r� • 104 LDWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 FAX: 978-531-5920 • SUMMARY The site of the proposed North River Condominium is located at 28 Goodhue Street in Salem, Massachusetts. It formerly contained various industrial buildings, together with loading docks and paved yard areas. The site does not require runoff controls since it discharges directly into the North River which is tidal adjacent to the property. A comparison of predevelopment and postdevelopment coverage characteristics is given in Table 1. TABLE 1 Site Coverage Characteristics Coverage Type Predevelopment Postdevelopment Buildings 37,630 SF 15,650 SF Paved Surfaces 32,370 SF 46,650 SF Open Space 9,030 SF 16,730 SF • TOTAL: 79,030 SF 79,030 SF * Parking and Drives: 33,750 SF Walks: 12,950 SF A decrease in peak runoff rates will occur as a result of the increased open space resultant from proposed redevelopment of the site as well as a longer concentration time resulting from new grassed surfaces. Runoff rates from various storms are summarized in Table 2. • TABLE 2 Peak Runoff Rate Comparison Storm Peak Runoff Rate Predevelopment Postdevelopment 2 year 5.43 efs 3.90 efs 10 year 8.26 cfs 6.01 cfs 100 year 12.75 cfs 9.34 cfs The proposed system of Best Management Practices (deep sump catch basins and Baysaver) will result in a total suspended solids removal rate of 85 percent. An Operation and Maintenance Plan is included with this document. Calculations for predevelopment and postdevelopment flood storage characteristics are provided and demonstrate that no loss of flood storage will occur as a result of proposed regrading of the site. • Design calculations for the proposed drainage collection system are also provided herewith. • TOTAL SUSPENDED SOLIDS REMOVAL CALCULATIONS EASTERN LAND SURVEY ASSOCIATES, INC. JOBS}t I.loa 1u -Q mN` 4C ' ' Christopher R. Mello PLS SHEET NO. I OF 1 104 Lowell Street CALCULATED BY ►X rvm DATE t/%-I/OC PEABODY, MA 01960 . (978) 531-8121 CHECKED BY� DATE SCALE ZL"L'Mej f4l. S3rs�.... YY`a�lOctrnJZE..mov� L �Ern4>f �RctC.j-t , F'MOY'FD _.. Jeeq '_SvYre.... CZ^')c.0 3.4;6 a 2ra�lo .. t,00 k.• 2g ZS �5 'C.. .. c,o n—t��....TSS rnrsJvF)c+c- URZ1e FS'11w ?tto_cRt�rn VPWU4T YOa,ryrgb Be6�N5,(PoOtril) PIPED DRAINAGE SYSTEM CALCULATIONS ..... G. . I. , STORM DRAINAGE COMP[;ITATIONS 1 i ION od�Nl Eu� vw+� I Based ;upon Rationdl Formula I I D$SI(3N 0 tt . . . t .I . Q'= CiAF.... i.. 1 . ( .... I . I j i I j I i i. 1 ... .E. I .. .F....... .o. �'....� m I i i I I Z .. . .. .....P ' RCnQ .. - .. j ...-GriiP17TATION D _ OFFS ITTA��O�{ } LI� , .. g C : I I I I I mAo v 0 ...I. A ......... Sd Cn' b a r-f° MANHOLE t0 �- ! A� I N A C b m z m MANHOLE t ....._.. ; .. . ... . .. . ... . .�. ... r , .... FtS�i oo>N 1 .. .]�„ pn ... I .... f3 .... j o C 3 y a Nti �$ � j. HI 1 . a .. p C o � — f. �..�I. . ..; .I .}... ....... 1 ,.... N ti I ...........;. ..j_ .. . L. .I. ... I .. I - 1 N .. .._...._. .... . .....-. . .. . ..... ... .. .. .... ..... Acres A&es i tey � ' S � Xi I�I. CSj FPS ; FPS : �.. . ...... ': i...... ... ...I C-1... .. .. ......... � ..__....� t..�t........... .... ......... MN 3 Tc "VA b ....... Cr1 F x C9 -4' -f0 ... L.......... A. :.... ,�. I y 0 I. I,....... ca S to h+Fti. 13 .. 1,3i. 131 C6 ' 1 1L. ... •.ILe ,.' ..... .... , .._...... 1La.......- ... ..12.. I 1 I T Cl - will our 8.Z $.5. ... ........� ! c. .... ._ 5 I 1 I i FLOOD STORAGE CALCULATIONS D�vrl 1 N I�JIH EASTERN LAND SURVEY ASSOCIATES, INC. JOB �I o ym M 'Z V E2 Christopher R. Mello PLS SHEET NO. I of 104 Lowell Street CALCULATED BY k{ M DATE PEABODY, MA 01960 (978) 531-8121 CHECKED BY �ti/ DATE SCALE »ofIOSE Co,m PtjCtlSon� . . . .......rcLGV_q'T10J,..,_ _ Co�l-to�fL ,G2ea _ AVG •_, RCA C .57) ?&045 2 $ 045. l d. y0 �5 __ �S 4520 ... � S' OE'5�,14� Q?./2�0 2 1 � lA•O • �STyVr LOP M _n 1�, �tEVA.-.1\OI.S _ CCNfOV(L_ L�fL$P• Ia`f6• PcCtEA . 370tt«sE yQ� CFI. -1 -_� e. _. . _��oo . C..S' dev,�) s►gnu 2400 -t ,�80, (S' ....... PAOouCt P0al I9ro65rmb�i�naaml • OPERATIONS AND MAINTENANCE PLAN j • OPERATIONS AND MAINTENANCE PLAN PROPOSED STORMWATER MANAGEMENT FACILITIES NORTH RIVER CONDOMINIUM SALEM, MASSACHUSETTS JANUARY 2006 A. Deep Sump Catch Basins 1. During Construction a. Protect catch basins grates with hay bales, check dams until base paving course is installed and landscaped areas are stabilized and/or vegetated. b. Inspect basins monthly or following rainstorms of greater than one inch in 24 hours and clean when sediment levels are greater than twelve inches. 2. Long Term ' a. Inspect basins monthly and clean as necessary, but at least twice annually. B. Baysaver a. The Baysaver system shall be inspected quarterly and cleaned in accordance with the manufacturer's recommendations when the sediment depth in the primary storage manhole is two feet, but in any case, at least once annually. The party responsible for Operation and Maintenance of the Stormwater Management Facilities is: North River Condominium, LLC 282 Bennington Street East Boston, MA. 02128 Tel: (617)-293-1525 Or its heirs and assigns. y O I a O EASTERN LAND SURVEY ASSOCIATES, INC. roe Christopher R. Mello PLS SHEETNO. I OF 104 Lowell Street CALCULATED BY "1A Yv1 DATE PEABODY, MA 01960 (978) 531-8121 CHECKED BY df;;� DATE SCALE Z.0 aro FF ,_��'1 g S.. .4 a o. � o �v�eS. - Sc� 'TRSS ��•,+ao n ` cu( v'E �l!�rhpjrcfLS "?.�3C�-f� _ oiJ 44 •c�, .G.• �� So ,L� �.> 1 rnP_Gc;vkc�� 2QttO�a.,,vrc�oP rn�a�'. 1m•PE4.v�ovS 1•(..ca Rc cql........' 1 c X�1$ 4 a e;tj °1 _ PoSf9EV61v.('_wy Nrcj \ rnesavkGV_S . . � PEU. Sq�cE.. _ •38 ,L�u \710' sj4 gh:'zz �sE h5 2. 1:i..'�^'1Tr orr �.-c,rJ c�v'1s�a-I4�..�..•.. , f•�rl._.= C� .... C.rn N _Igo _.. C� s1;E1R�J.� L% ......GnoSS .... J'4A�-�.CM) ,�C2•Jc E`...1..6�3O V80s...... 3r`l ,N rxooucrau-i Is�oiasnremlxo-i�Naaal Hyd. Hydragraph I Peak Tim 1 Tma. ` 'Inflow Ma(dmum Matlmum Hydrograpli' I F Volume No. type :.flow interval to peak., )ryd(s) A elevation 1 storage I , :desorption (ongm) (cfs) (min) (mm)....? (tuft) t. .. I ( (tuft)- '1 SCS Runoff 5.43 1 724.00 17,944 _ ^PREDEVLOPMENT • SCS Runoff 3.90 1 - 731.00 16,909 POSTDEVELOPMENT 2 7 .. . 11 " 13: 14, 15 16_ 19 20% 23 _24 , 26 27 30' 31 32 _35 - 37 38" „40« 41 . 42 ,? Hydraflow Hydrographs 2002 - 2-yr return period Hyd. Fiydrograph `:Peak i Time 1, Time " Inflow j Madmum I Madmum i ,Hydrbgraph. No. .flow interval i to ! Volume , type _� peak ( .)_hyd(s) i eleva4on µ storage j descnptidn (orgm) (ds)A, (min) "(min)—1 .(cult) j, 1 _ SCS Runoff 8.26 1 724.00 27,996 PREDEVLOPMENT • 2 - SCS Runoff 6.01 1 731.00 26,713 POSTDEVELOPMENT 7 e ,9,45 12,= 13:< 24 27 3t; .33 35 .37 36' _ 38 39 40. 45>` 96 Hydraflow Hydrographs 2002 - 10-yr return period Hyd. Hydrograph -Peak j Tfine Time ,} Inflow ,�m6Amum, Maximum+ Hydrograph; No _ type '_flow j:interval i to peak{ Volume L hyd(s) s elevation 5lorage - descnption U - `(on0m) (min i (min): (Cup)„ i.':- (g) . .� ) t- - — - _ -- - -- 1, SCS Runoff 12.75 1 724.00 44,168 PREDEVLOPMENT 2 SCS Runoff 9.34 1 731.00 42,532 POSTDEVELOPMENT 3 e. ,r 12 21 22 : 25 , 2 _3Q 33, - 36; 37 •39;= 50, 45. Hydraflow Hydrographs 2002 - 100-yr return period II TR55 Tc Worksheet Paget Hydratlow Hydrographs by Intelisolve • Hyd. No. 1 PREDEVLOPMENT Storm frequency = yrs Sheet Flow Manning's n-value = 0.011 Flow length = 300.0 ft Two-year 24-hr precip. = 3.10 in Land slope = 0.5 % Travel Time ........................................ = 5.2 min Shallow Concentrated Flow Flow length = 40 ft Watercourse slope = 1.0 % Surface description = Unpaved Average velocity = 1.61 ft/s Travel Time ........................................ = 0.4 min Channel Flow Cross section flow area = 0.0 sqft Wetted perimeter = 0.0 ft Channel slope = 0.0 % Manning's n-value = 0.015 Velocity = 0.00 ft/s Flow length = 0.0 ft Travel Time ........................................ = min Total Travel Time, Tc ........................ = 5.6 min Hydrograph Plot Hydraflow Hydrographs by IMelisolve Hyd. No. 1 PREDEVLOPMENT Hydrograph t e = SCS Runoff YP Peak discharge 5.43 f g cs Storm frequency = 2 yrs Time interval = 1 min Drainage area = 1.81 ac Curve number = 96 Basin Slope = 0.0 % Hydraulic length = oft Tc method = TR55 Time of conc. (Tc) = 5.6 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=17,944 cult 1 - SCS Runoff - 2Yr - Qp = 6.43ds s • 4 C'J 2 1 0 0.0 2.3 4.6 6.9 9.2 11.5 13.8 16.1 18.4 20.7 23.0 Time (hrs) + Hyd. 1 TR55 Tc Worksheet Page 1 Hydraflow Hydrographs by Irrtelisolve • Hyd. No. 2 Storm frequency = yrs Sheet Flow Manning's n-value = 0.240 Flow length = 80.0 ft Two-year 24-hr precip. = 3.10 in Land slope = 1.0 % Travel Time ........................................ = 16.0 min Shallow Concentrated Flow Flow length = 40 ft Watercourse slope = 1.0 % Surface description = Paved Average velocity = 2.03 ft/s Travel Time ........................................ = 0.3 min Channel Flow Cross section flow area = 0.0 sqft Wetted perimeter = 0.0 ft Channel slope = 0.0 % • Manning's n-value = 0.015 Velocity = 0.00 ft/s Flow length = 0.0 ft Travel Time ........................................ = min Total Travel Time, Tc ........................ = 16.3 min Hydrograph Plot Hydraflow Hydrographs by IMelisolve . Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 3.90 cfs Storm frequency = 2 yrs Time interval = 1 min Drainage area = 1.81 ac Curve number = 95 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 16.3 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=16,909 cult 2 - SCS Runoff - 2 Yr - Qp = 3.90 ds 4 • 3 a 2 1 0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) + Hyd. 2