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64-367 - 17 HEMENWAY ROAD - CONSERVATION COMMISSION r DEP #64-367 - NOI _ 17 Hemenway Road, Seawall Repair&Dock i a r CITY OF SALEM � r CONSERVATION COMMISSION STTF VTSTT FARM PROJECT LOCATION: DATE OF SITE VISIT o� PR03ECT PROPONENT//: / �f- �J DEP FILE NUMBER: PROPOSED''II(WORK: 6u;�,J /LC/"� � T C� e Xk X /l K l Apuj INATTE_NDA� •� „� . . . Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: ��EVISIITaPURPOSEt �" - _ . d ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank and Subject to Coastal Land Under the Ocean i Atorm Flowage ElBordering Vegetated Wetland ❑ Designated Port Area ,Coastal Beach ❑Land Subject to Flooding 3, ❑ Coastal Dune ❑Barrier Beach ElLand Under Water Bodies or Waterway (� Name: I ❑ Coastal Bank [—]Rocky Intertidal Shore if ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area I 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 1 WWW.SALEM.COM ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune xINSERESS�'P_RQTECTED• , otection of Water Supply Protection of Groundwater Supply ll(" Flood Control Storm Damage Prevention MTrevention of Pollution I IYP��\rotection of Fisheries Protection of Wildlife Habitat Protection of Land Containing Shellfish Is this an exempt project:If so,why? Are resource area boundaries delineated correctly? If not,explain. SI!GE-VISLT."D06UMENTI4TIONe v ; ❑Photos ❑ Site Map ❑Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. A02i Ylo� I t , t ( A Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-367 EI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 17 Hemenway Road 64-367 Project Location DEP File Number - Has been recorded at the Registry of Deeds of: County for: Properly Owner and has been noted in the chain of title of the affected property on: h7 --- a1133 V23 Date Book Page If recorded land,the instrument number which identifies this transaction is: If registered land,the document number which identifies this transaction is: Document Number Signature of Applicant Page 4a4 wpafo.ab.dw rev.7/13104 Massachusetts Department of Environmental Protection 2007072000159 Bk,27033 Pg;433 1 07/20/2007 10:56:00 OTHER Ps 114 • Bureau of Resource Protection -Wetlands - -- - ----.- - DEP File-Number'- WPA Form 813 — Certificate of Compliance 64-367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1 This Certificate of Compliance is issued to: : When fitting out P forms on the Jeanette McLaughlin computer,use Name only the tab key to move 17 Hemenway Road '0 your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State - Zip Cade 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Jeanette McLaughlin Name May 13,2007 64-367 Dated DEP File Number 3. The project site is located at: {� 17 Hemenway Road Salem Street Address City/Town 32 345 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 6214 651 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent,on: April 10,2007 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial Certification that have been completed and are released from this Order are: w Paform 8b doc•rev.7113104 _ Page 1 of 4 �.� CITY OF SALEM CONSERVATION COMMISSION SS ON April 18, 2007 Jeanette McLaughlin 17 Hemenway Road Salem, MA 01970 Re: Certificate of Compliance—DEP #64-367- 17 Hemenway Road, Salem, MA Dear Ms. McLaughlin: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 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, �•_,.nn / Carey Duques U Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office J LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Jeanette McLaughlin computer, use Name only the tab key to move 17 Hemenway Road your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Jeanette McLaughlin Name �m May 13, 2007 64-367 Dated DEP File Number 3. The project site is located at: 17 Hemenway Road Salem Street Address City/Town 32 345 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 6214 651 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: April 10, 2007 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform Badoc•re¢7/13/04 Page 1 of 4 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 Provided 7 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem 4 6 Conservation Commission Da a of Issuance This Certificate must be igned by a majority of a Conservation Commission and a copy sent to the applicant and ap �gional Offic ee Attachment). Signatures: to v naform 8b.doc•rev.7/13/04 Page 2 of 4 l Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 12 April 2007 Day Of Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, D. Summer, and A. Hamilton, Name of Document Signer 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 Cityrrown Conservation Commission %IM CAREY R. OF WANWw"s, ugumul E,3irea aim to sots Signatur of Notary Public Carey R. Du ues Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.tloc•rev.WI3/04 Page 3 of 4 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-367 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 17 Hem n e wa Road 64 367 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpalorm BC.doc•rev.7/13/04 Page 4 014 J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monica Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummngton Hadfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardshm Egremont Holyoke New Marlborough Sheffield Westhampton Blandlord Ewing Huntington New Salem Shelburne West Springfield Brimfield Florida Lartwoorough North Adams Shutesbury West Stockbridge Bacliland Gill Lee Northampton Southampton Whately Charemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levered Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbndge Windsor Chicopee Greenfield Ludlow Pelham Sundertand Worthington Clarksburg Hadley Middlefield Pew Tolland DEP Central Region Anon Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 - Auburn Dunstable Lancaster Northbridge Southbndge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bams Fitchburg Leomnster Oakhari Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Balton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mention Princeton Tyngsbcrough Brookfield Hopecale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoised Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Two Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Allleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Farhaven Lakeville Orleans Sharon Wrentham Brockton Fail River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Fcxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Cohasset Hull Middleton Reading Wareham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watenown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowney Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6668 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Wasson Boxford Everett Lynnfield Newwryport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmngton Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton McMord Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaformBb.dcc•DEP Addresses•rev.4/1 B/07 Page 1 of 1 �\ COMMONWEALTH OFMASSACHUSETTS RECEIVED EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIW 1 6 2004 DEPARTMENT OF ENVIRONMENTAL PROTIDOMPIANNING& ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 COMMUNITY DEVELOPMENT MITT ROMNEY Governor ELLEN ROY HERZFELDER Secretary KERRY HEALEY Lieutenant Governor ROBERT W. GOLLEDGE,Jr. Commissioner Jeanette McLaughlin 17 Hemenway Road Salem, MA 01970 RE: Waterways License Application No. W04-1008 License Y Pp e No. 10108 Salem Harbor, Salem, Essex County Dear Mrs. McLaughlin: 1 The Department of Environmental Protection has approved the enclosed referenced license authorizing you to perform certain activities pursuant to M.G.L. Chapter 91 and regulations 310 CMR 9.00. Any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this license shall render it void. Pursuant to 310 CMR 9.17 1 a and 9.17 2 the Licensee( )O O, may appeal this decision within twenty-one(21) days of the date of license issuance,by submitting a written request, by certified mail, for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include the following information: the DEP Waterways Application File Number; the complete name, address and telephone number of the party filing the request; if represented by counsel, the name, address and telephone number of the attorney; a clear statement that a formal adjudicatory hearing is being requested; and a clear and concise statement of the specific objections to the Department's license decision, and the relief sought through the adjudicatory hearing, including, specifically, the changes desired in the final Waterways License. Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street, 3rd Floor Boston, MA 02108. This information is available in alternate format.Call Debra Doherty,ADA Coordinator at 617-292-5565.TDD Service-1-80W98-2207. DEP on the World Wide Web: http://w .mass.gov/dep CJ Printed on Recycled Paper A copy of the Notice of Claim must be sent at the same time by certified mail or hand delivery to the applicant, the municipal official of the city or town where the project is located, and the issuing office of the DEP at: Ben Lynch, Program Chief Waterways Regulation Program Department of Environmental Protection 1 Winter Street, 6`h Fl. Boston, MA 02108 A) Contents of Hearing Request Under 310 CMR 1.01(6)(b), the Notice of Claim must state clearly and concisely the facts that are the grounds for the request and the relief sought. Additionally,the request must state why the decision is not consistent with applicable laws and.regulations. Pursuant to 310 CMR 9.17(3), any Notice of Claim for an adjudicatory hearing must include the following information: (a) the DEP Waterways Application File Number; (b) the complete name, address, fax number and telephone number of the applicant; (c) the address of the project; (d) the complete name, address, fax number, and telephone number of the party filing the request and, if represented by counsel, the name, address, fax number, and phone number of the attorney; (e) if claiming to be a person aggrieved, the specific facts that demonstrate that the party satisfies the definition of"person aggrieved"found in 310 CMR 9.02; a clear statement that a formal adjudicatory hearing requested; (f) a clear statement of the facts which are the grounds for the proceedings, the specific objections to the DEP's written decision, and the relief sought through the adjudicatory hearing, including specifically the changes desired in the final written decision; and (g) a statement that a copy of the request has been sent to: the applicant and the municipal official of the city or town where the project is located. B) Filing Fee and Address A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid check payable to the Commonwealth of Massachusetts in the amount of one hundred dollars ($100)must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonwealth Master Lockbox P.O. Box 4062 Boston, Massachusetts 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or is granted a waiver. The filing fee is not required if the appellant is a city or town(or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR 4.06(2) for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Furthermore, this license must be recorded at the referenced County Registry of Deeds with 60 days from the date of license issuance or our license will be revoked. � Y The work or change in use authorized by this license shall not commence until said license and plans are recorded, the Department has received written notification of the date, book and page number of record, or if the Department receives the enclosed Notification Form to this office. S cerely, Ben Lynch Program Chief Waterways Regulation Program cc: Salem Conservation Commission,w/enc. File � >e Tommonwwaltb of Massarbustus No. 10108 �1fErEtts, Jeanette McLaughlin of -- Salem --, in the County of -- Essex -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- construct and maintain a ramp and pile held float and to maintain an existing seawall and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the — Mayor and City Council -- of the -- City of Salem; --------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, , authorizes and licenses the said -- Jeanette McLaughlin --, 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 ramp and pile held float and to replace an existing seawall -- in and over the waters of -- Salem Harbor -- in the -- City -- of -- Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 10108, (2 sheets). PRINTED ON RECYCLED PAPER License e se No. 10108 Page 2 The structures hereby authorized shall be limited to the following uses: to provide noncommercial docking and access to navigable waters and shoreline stabilization for the protection of an existing structure. SPECIAL CONDITIONS This license will expire thirty (30) years from the date of issuance. In accordance with any license condition, easement, or other public right of lateral passage that exists in the area of the subject property lying below the high water mark, the Licensee shall allow the public in the exercise of such rights to pass freely under all structures within such area. Accordingly, the Licensee shall place and maintain, in good repair, a public access sign on the easterly/westerly sides of the pier authorized herein.. Said signs, provided by the Department, and shall be posted immediately upon receipt. Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said structure(s) or property not intended for lateral passage. The original seawall and associated fill were permitted under Interim Approval No. 3506 and this license shall supersede the original approval, with the following condition; No activity or construction may take place on the area of fill authorized herein without the prior written approval of the Department. By written request of the licensee for an amendment, the Department may grant a renewal for a term not to exceed that authorized in the original license. Please see page 3 for additional conditions to this license. ------------------------------------------------- - ----------------------------------------------- Duplicate of said plan, number 10108 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. 10108 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 Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The 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. 10108 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 — Jeanette McLaughlin -- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($0.00)-- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _ $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of-- Essex ------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this thirteenth day of September in the year two thousand and four Department of Program Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS the said -- -- the further sum of the amount determined by the Governor as a just equitable charge for rights and privileges hereby granted in the land of the Common BOSTON, Pgved by the Govern" —GevefaeF License No. 10108 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 -- Jeanette McLaughlin -- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($0.00)-- for each cubic yard so displaced, being the amount hereby assessed by said Department. (0.0 cu. yds. _ $0.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in the Registry of Deeds for the County of-- Essex------ IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this thirteenth day of September in the year two thousand and four Department of Program Chief Environmental Protection THE COMMONWEALTH OF MASSACHUSETTS the said -- -- the further sum of the amount determined by the Governor as a just equitable charge for rights and privileges hereby granted in the land of the Common BOSTON, rGved by the Goverpor. Gevemer- - FpYHC lw,Ly S{'I.GM "■�olt Jew' S GoJ v 3 6�.l4-) �/1t��osao fi AT ` e ❑ 17f JJ It-O yRp��$Eb LL I2.�� SA-C�14 ° 11(Atbeg P(Lt_-s N CpFk� E ��YI poi C.JMC �E LOCUS MAP N.T.S. LOT/9 �n436 46 ITT L 6,4375.F- �2E cey {G) SOLLI VA-W L61. �lT S� cE1�1 ' � Co Cif S-n4-r� �o Gbrlol(k?ti /( � r u QSQ oaD � I CQT 20 FA p- _ I 1 �l 17 i i Fj,{�sr �' I�o'f�s : P(L.a�gt �raFs S4�owa 4?Le / JLOxI 'MAT::• . 5u4(q*Sr 4 T-J L( 9 f�o� '� �r a r- Eli Ru 13 '(2`d (S,ciz 17Ae i l HEMENWAY RDAD /VAPL£S E—sEwge N1kk ROAD Ic/ M I{T Sh1TL�L.$ECT1or1 . PARSONS AND FA/A /NC. I 60 LEWIS STREET L YNN, MASS. /$x2t �X(sn•��r �T ELEv e DATE.-AUG. /7, 2004 s-n'J'* GoaTuuR (-aao SCALE.'I = 40 E 0 40 e0 120 E . �n- PLAN ACCOMPANYIN6 PET/T/DN OF � ''� ram` 0 10 & r � aa JEANETTE MCLAU6HL IN TO CONSTRUCT t Y 6 - , � AND MAINTAIN A RAMP AND REPLACE AN I EXISTING WALL AT 17 HEMENWAY ROAD, c - - SALEM, MASS. ON SALEM HARBOR. _ c) r_ g� —� yT1v4 ,/off PAC, EyJ QElotAIN P p—rM of LIEs �J"( 2o'x �Z - W Kia �NC�� �(tEs SCALES.' / 20'HOR.SI"=4' VERT._ � ( i -�4 r' WkLLs DES-' }�{bB$S \ £nIDV bu 7-,&�7 PARSONS AND FA/A INC. ' fl Y, � ' 60 LEWIS STREET ��� LYNN, MASS. `-d � "�' DATE.'AUG. 170 2004 �ro E °� yc *.-J, G SCALE. NOTED Cks N 6sm (fnacer—Tr. T E Co Mk-r c(c (�fZ441 20 40 60 1 /J T -Tp ECk(.e PLAN ACCOMPANYING PETI T/ON OF- ✓EANETTE MCLAUGHL/N TO CONSTRUCT O Way I-C) E C 8 AND MAINTAIN A RAMP AND REPLACE AN G Q` EXIST/NGWALL AT 17HEMENWAY ROAD, '%%i'i� krrilll � 21961014 SAL EMI MASS, ON SALEM HARBOR. CITY OF SALEM ' CONSERVATION COMMISSION March 15, 2007 Jeanette McLaughlin 17 Hemenway Road Salem, Massachusetts 01970 Re: DEP #64-367— Construction of a seawall and gangway-17 Henenway Road, Salem, Massachusetts Dear Ms. McLaughlin: Please be advised that the Order of Conditions for the above referenced project will expire on May 13, 2007. If this development project is complete, you should Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this development project has not been completed, than you must submit a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to the expiration of the order, as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project. Please contact me at (978) 619-5685 if you have any questions. Sincerely, J J J Carey Duque Conservation Agent/Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM Massachusetts Department of Environmental Protection DEP File Number: --Bureau of Resource Protection _ Wetlands 64-367 WPA Form 5 - Order of Conditions I,_I�j,��I 1yvidedbyDEP Massachusetts Wetlands.Protection Act M.G.L. c. 131, §40 6Nl�'uflf �_j A. General Information Important: Pfl '9�rj When filling From: out forms on Salem tllelcomputer, Conservation Commission IIIIIIIIIIIIIIIII[IIIIIIIIIIIIIIIIIIIIIIIIIIII usa only the tabs ey to This issuance if for(check one): 2004052700480 Bk' move your 05/27/2004 12:03:0 Y2906 pg;550 cursor- do ® Order of ConditionsOTHER 9 i/10 not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Jeanette McLaughlin Same Name Name 17 Hemenway Road Mailing Address Mailing Address Salem MA 01970 Citylrown State Zip Code City/rown State Zip Code 1. Project Location: 17 Hemenway Road Salem Street Address Citylrown Map 32 . Lots 345 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 6214 651 County Book Page Certificate(if registered land) 1 Dates: April 12, 2004 May 13, 2004 May 13, 2004 Date Notice of Intent Filed - Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): 1- Existing Conditions Site Plan,12/15/03 2- Drawing of Proposed Concrete Block Wall & Float 4/8/04 Date 3- Drawing of Proposed Concrete Block Gravity Wall, 4/7/04 4- Locus Map 4/7/04 5. Final Plans and Documents Signed and Stamped by: 1- Charles Daniel Faia 2,3,4— Frank DeFalco Name 6. Total Fee: $254.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 1 Rev.02/00 DEP File Number: Massachusetts Department of Environmental Protection Uf Bureau of Resource Protection - WetlandsWPA Form 5 - Order of Conditions Poided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 17 Hemenway Road 64-367 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex 6214 651 County Book Page for: Jeanette McLaughlin 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 WPA Form 5 Page 7 of 7 Rev.WOO Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions VQ To: Applicant: Property Owner(if different from applicant): Jeanette McLaughlin Same Name Name 17 Hemenway Road Mailing Address Mailing Address Salem MA 01970 City/Town state Zip Code City/Town State Zip Code 1. Project Location: 17 Hemenway Road Salem Street Address City/Town Map 32 Lots 345 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 6214 651 County Book Page Certificate(if registered land) 3. Dates: April 12, 2004 May 13, 2004 May 13, 2004 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): 1- Existing Conditions Site Plan,12/15/03 2- Drawing of Proposed Concrete Block Wall & Float, 4/8/04 Date 3- Drawing of Proposed Concrete Block Gravity Wall, 4/7/04 4- Locus Map, 417/04 5. Final Plans and Documents Signed and Stamped by: 1- Charles Daniel Faia 2,34—Frank DeFalco Name 6. Total Fee: $254.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Rev.02100 Page 1 of 1 l Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations,to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Fo"5 Rev.01100 Page 2 or 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number 64-367 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA F=6 Rev.02/00 Page 3 a13 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached. Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Rev WOO Page 40la Massachusetts Department of Environmental Protection ` ! DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 — Order of Conditions 6 -Provided by DEPEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. r1RU 13, zany Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the% a to the appropriate Department of Environmental Protection Regional Office(see App x and th perty owner(i different from applicant). Signatures: AAA AAL4 On ( I3 Of / /'41 4 2001 Day Month before me personally appeared to me know o Ott the person described in and who executed the foregoing instrument and ackno a he/ exe to he same as his/her free act and deed. e��grp t ELM Bl1TLE ELL } Notary Public My Commission Expires Commonwealth of Masi ac'-.,:,a<.. :t My Commission This Order is issued to the applicant as follows: November 1,2CC. ❑ by hand delivery on � by certified mail,return receipt requested,on 1V J 11) zvol Date Dates wpeb�.do<•.er.wisigo Page 5&7 \ Massachusetts Department of Environmental Protection DEP File Number: lU Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 5 Rev.M= Page Bofe i L Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-367 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 17 Hemenway Road 64-367 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex 6214 651 County Book Page for: Jeanette McLaughlin 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 WPA Forth 5 Rev 02M Pape 7 0l 7 Salem Conservation Commission SPECIAL CONDITIONS —DEP FILE # 64-367 17 Hemenway Road, Salem, MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order, the Notice of Intent,the referenced plans,the Act, and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131,Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-367, and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone, other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number_as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be_hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans, and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry, stumps, asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash,construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil, or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 21A, section 16. POST CONSTRUCTION 39. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. 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. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. All waterside machinery used in rebuilding the seawall and installing the gangway shall be equipped with emergency spill kits during the duration of the project. Massachusetts Department of Environmental Protection Pr°rt°aabyYnE� M4 Bureau of Resource Protection -Wetlands D�PFdeNurtiter ' „, ,��, WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DocumerttTrat�sactionNumber. City/rown A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): 1 t1 kern N �� 4��.r O a.Street Address b.Cityrrown c.Zip Code Latitude and Longitude, if Known: d.Latitude e.Longitude 3 �Lla-r ' f.Assessors bat Number g.Parcel/Lot Number Important: When filling out 2. Applicant: forms on the computer,use a.First Name b.Last Name c.Company only the tab _ key to move 1 YI UE114 e I t AV ED your cursor- d. Mailing Address do not use the SA L.4p_7 u/ return key. - e.City/Town f.State g.Zip Code q7� 7y� - � irnc�atx��nl7c � l .eoim h.Phone Number i. Fax Number j.Emai ddress 3. Property owner(if different from applicant): ❑ Check if more than one owner a� fi A Agrr a.First Name b.Last Name c.Company d.Mailing Address Note: Before e.Cityrrown f.State g.Zip Code completing this form consult h. Phone Number i.Fax Number j.Email address your local Conservation 4• Representative (if any): Commission regarding any a.Firm municipal bylaw or ordinance. b.Contact Person First Name a Contact Person Last Name d.Mailing Address e.City/rown I.State g.Zip Code h.Phone Number i.Fax Number j.Email address ❑ Select if 5. Total WPA Fee Paid (from Appendix A,Wetland Fee Transmittal Form): you want to see 4 Wetland Fee ,�41 , oG 11 L( SU 134 .SD Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid Form. 6. General Project Description: K-Eoot`t) scAIAJAu, ©u rns F �rztnrr txlt�r� r&EC 1—,T oNr ,, R^^LOTGLS INSTw L� ant EQtJC�u7f�U tl9t rFt rpah m7AM-rev.06103 10, ,t' lJ�+./1 I"Ir0lk't'j r`�r:l' y l(Yt�JG jZ �( � Page i of Massachusetts Department of Environmental Protection Pro�dedbyDEP: ti.1 Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of intent Document Transaction Number LJ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. M Dock/Pier f. ❑ Utilities g. 56 Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry i. . ❑ Transportation I. ❑ Other 8. Property recorded at the Registry of Deeds for: GsSc�, a.County CO PA b.Book c.Page Number d.Certificate#(if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank,or coastal bank, coastal beach, coastal dune, or salt marsh? a. ❑ Yes If yes, skip to Section C. b. No If no, check the resource areas to be affected by this project,directly below. w afoimldm•rev.06103 Page 2 0 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands -77 WPA Form 3 - Notice of Intentg Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ooaanentTraasacgon,�lunber 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 b. ❑ Bordering Vegetated (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.cubic feet of flood storage replaced e. ❑ 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 1. Name of Waterway(if available): 2.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft. -All other projects 3.Total area of Riverfront Area on the site of the proposed project: Square Feet 4. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 R and 200 IL 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No ndonnl. •rev.06M Pepe 3 or 8 Massachusetts Department of Environmental Protection Provided by DER ~ Bureau of Resource Protection - Wetlands DEP Fite Number WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/rown B. Resource Area Effects (continued) 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: Resource Area Size of Proposed Alteration Proposed Replacement 1'rf any) Include your - 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. V Coastal Banks 1.Li,M 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�C/MR 10.53? a. ❑ Yes 7N( No If yes,describe which limited project applies to this project: b.Limited Project wpafom,3.doc•rev.06/03 Page 4 of 8 BurElMassachusetts Department of Environmental Protection Provided by DEP: eau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 city(rown 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. �Q Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was D. Other Applicable Standards and delineated. PP Requirements 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 D4 No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 b.Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? Yes❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ❑ Not applicable—project is in inland resource area only w afoen34oc•rev.06103 Page 5 of 8 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 City/Town D. Other Applicable Standards and Requirements (continued) 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 Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act( .G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L.c. 130, § 105)? document transaction a. ❑ Yes XNo 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 regula 'ons, 310 CMR 10.00. supplementary No If yes, describe which exemption applies to this project:information you a.El Yes submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes )�No b. If yes, stormwater management measures are required.Applicants should complete Appendix B: Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: FNQTe--r is -To PFGk7E�S r Rr'CY- E7aISTIt� �iE(�u SA I.L W- (�k UJLLL NQT &EF0=T- (n)P— A-L'r —yt- uUwpA 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. i. ❑ USGS or other map of the area(along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) z. ❑ 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. wyafo(m3.tloc•rev.06103 Pap 6 of 8 Massachusetts Department of Environmental Protection Provided by DEP: .., Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CitylTown E. Additional Information (continued) 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans(e.g., a DEP BVW Field Data Form). Online Users:Include your 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. document 6. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 6. ' Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. yourreceipt page)with all 7 K Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you a. ❑ Attach Appendix A, see next page. submit to the Department. s. ❑ Attach Appendix B, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department,or cities and towns of the Commonwealth. Applicants must submit the following information(in addition to pages 1 and 2 of Appendix B)to confirm fee payment: 293 I y 1.Municipal Check Number 2.Check d e 93 4iy tale Check be 4. k ate , G .Payor name on check:First Name 6.Payor name on eck:Last Name wpafonn3.0oc•rev.06103 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by DEP: ILI Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town 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 (retu ceipt r ted)to all utte ithin-100 feet of the property line of the proj 6t I ation. ` y v nature of Applicant Date Signature of Property Owner(if different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of Appendix B;and a copy of the state fee payment must be sent to the DEP Regional Office (see 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. "afoan3 doc•rev.OW03 Page 8 of 8