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64-379 - 220 HIGHLAND AVENUE - CONSERVATION COMMISSION Avg - CITY OF SALEM CONSERVATION COMMISSION February 3, 2010 Edward Burman 220 highland Avenue Salem,MA 01970 Re: Certificate of Compliance—DEP #64-379—218-222 Highland Avenue, Salem, MA—Wetland Replication Dear Mr. Burman: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Conunission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, i Carey Duq es Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-379 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 Berman Properties LLC computer, use Name only the tab key to move 220 Highland Ave your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code rs'tl 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Sunburst Fruit Juices Name " 64-379 Dated DEP File Number 3. The project site is located at: 218-222 Highland Avenue Salem Street Address City/Town 8 124 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 239641 320 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December 10, 2009 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 so doc•rev.7113104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. Ongoing Conditions:The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem January 28, 2010 Conservatio ommission Date of Issuance This Certific to must be s ned by a majority of the Conservation Co ssi nd a py sent to the applicant an ap ropria DEP Regional Office (See Attachment). Signatur j.- wpalorm Bb.tloc•rev.7110104 Page 2 014 Massachusetts Department of Environmental Protection �- Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex _ 28 January 2010 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared D. Knowlton, B. Christie, C. McCauley, M. Blier, A. Hamilton, J. Knisel, and D. Ricciarelli, 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 SalemClty/Town Conservation Commission CAREY R.DUOUES lfi I c�puwea r�NVANUUM fyc VIrm August 18,Signature of olary Public Carey R. ques 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 Wdcc•rev.711344 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-379 Massachus�lvetts 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: 218-220 Highland Avenue 64-379 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: e 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 8b.doc•rev.7113/04 Page 4 of 4 Massachusetts Department of Environmental Protection `f 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 Manrce Pittsfield Tyrtngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield wales 9 Alford Cummngton Hatfield Monterey Richmond Ware 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 Belchenown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborcugh North Adams Shoeesbury, West Stockbridge Buckland Gill Lee Nornamplon Southampton Whately Chanemonl Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveren Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Bamngan Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chadian Hopkinton Millbury Rolland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Milldlle Shine, Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Northbarough Southborough Westborough Phone: 508-792-7650 Auburn Ounstable Lancaster Northbridge SouUbndge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester Noah Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Mel Phillipston Townsend Boylston Holden Mendon Pracelan Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Matlapoisett Provincetown Tlsbury 20 Riverside Drive Acu ur shnel Dennis Gay Head Middleborough Raynham Tro Attleboro Oighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellneet Phone: 508-946-2700 Barnstable Easmam Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edganown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Vermouth Carver Falnnuth All Plainville Stoughton Chatham Foxborcugh Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympon Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence - Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Natant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell - Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburypcn Sherbarn Westwood Braintree Framingham Maiden Newlyn Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wominglan Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield Noah Reading Swampscott Winthrop Canton Hamilton Medford Notxvod Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topf field wpaform8b.doc-DEP Addresses-rev.2I3I10 Page 1 of 1 �� g,�coxwri� �v CITY OF SALEM �nnue CONSERVATION COMMISSION January 16, 2009 Edward Berman 220 Highland Avenue Salem, MA 01970 Re: Extension for Existing Order of Conditions DEP#64-379—Filling and Replication of Wetlands-220 Highland Avenue, Tropical Products, Salem, Massachusetts Dear Mr. Berman: Enclosed, please find the Extension Permit for Orders of Conditions for the above referenced project. The attached Extension Permit must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Once recorded, please return a copy of Page 3 of the Extension Permit, which will indicate to the Commission that the document has been recorded. This extension permit is good until December 11, 2011 and allows you to continue to monitor the wetland replication that was completed last fall as described in the original Notice of Intent filed on October 14, 2004. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, r KL�) Carey ques Cons ation Agent/Planner Enclosures CC: DEP Northeast Regional Office J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Tropical Products computer, use Name only the tab key to move 220 Highland Avenue your cursor- Mailing Address do not use the Salem MA 01970 return key. City/rown �� State Zip Code �efl,., I 2. Property Owner(if different): �V Name mm Mailing Address City/Town State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: December 9, 2004 Date for work at: 220 Highland Avenue 8 125 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex 23961 320 County Book Page Certificate(d registered land) is hereby extended until: December 9, 2008 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Salem Conservation Commission wpaform7.tloc•rev.7/14104 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of ondit' ns Extension must be signed by a majority of the Conservation Commission and a copy sent o the plicant and the appropriate DEP Regional Office. Signatures: rr f l i Notary Acknowledgement Commonwealth of Massachuset County of Essex On this 11 December 2008 Day of Month Year Before me, the undersigned Notary Public, personally appeared ff...C rr aeegi)S D. Pabich, K. Glidden, M. Blier, R.Christie, Name of 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 City/Town Conservation Commission �j� CAREY R.DUQUES �I Ifi ►(Cwror�wutr MiS&AWJK n 1`\41�//Y �+r car wm mow.. ,a so,o Signature of otary Public Carey R. uques Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) wpaform7.tloc•rev.7114/04 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File"umber: WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Salem Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 220 Highland Avenue 64-379 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex County for: Tropical Products Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7.doc•rev.7/14/04 Page 3 of 3 i Massachusetts Department of Environmental Protection l� 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 Monroe Pittsfield Tynngham Agawam Conwayancock Wales 436 Dwight $inset y Montague Richmond Alford mhe CurDalton gton Hatred Monterey Ricnnond Ware 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 Simulated Wendell Belchenown East Longmeadow Holland New Ashford Savoy Wesineltl Fax:413-784-1149 Bemardston Egreirl Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Fonda Lanesborough North Adams Shueesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chadernont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Wthiunaburg Chester Granville Leyden Otis Spnngfeld Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnnam Clinton Hubbardston MIIIWIIe Shirley Warren Ashby Douglas Hudson New Bra,rinse Shrewsbury Webster Worcester, MA 01605 Atrial Dudley Holliston Norlhborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bane Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westmnster Berim Grafton Lunenburg Parton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Balton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsbarough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wettest Phone: 508-946-2700 Barnstable Easnam Hanover North Atgeborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandi Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD: 50$-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxbcrough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield tl Anover Chelsea Holbrook Methuen Randolph 1 Winter Street Walpole Ashland Concord Hull Middleton Rearing Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Shannon 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 Cancan Hamilton Medford Norwood Tewksbury Woburn Carfsle Haverhill Melrose Peabody Topsheld wpafarml.doc-DEP Addresses•rev.1/16/09 Page 1 of 1 u CITY OF SALEM 9 ,;0' CONSERVATION COMMISSION November 29. 2007 Edward Berman 220 Highland Avenue Salem, MA 01970 Re: Extension for Existing Order of Conditions DEP#64-379—Filling and Replication of Wetlands-220 Highland Avenue, Tropical Products, Salem, Massachusetts Dear Mr. Berman: At last night's Conservation Commission meeting the Commission voted 4-0 to extend the existing Order of Conditions for DEP file # 63-379 for one year(until December 9, 2008). However, since there was no one present from or on behalf of Tropical Products the Conservation Commission is requesting that someone attend the next regularly schedule Conservation Commission Meeting on December 13, 2007 at 6 pm. The Commission reviewed the invoice from Clean Basins showing that the catch basins had been cleaned within the past month. To date there has been no indication of how and when the proposed and approved wetland replication will be completed. The Conservation Commission is requesting an explanation of the scheduled work on the site, to bring the site into compliance, and a start date stating when the approved work will begin. It has also come to the Commission's attention that we do not have a copy of the recording of the original Order of Conditions. Please bring a copy of the recording to the December 13, 2007. The Commission is likely to implement fines of up to $250 per day starting on December 13, 2007 if a representative from or on behalf of Tropical Products is not present at the December 13, 2007 meeting. Please contact me as soon as possible if you or a representative will not be able to attend the December 13 2007 meeting or if you have concerns or questions with these requests. I can be reached at(978) 619-5685. Sincerely, Jey�Duues Conservation Ag nt/Planner Enclosures CC: John Dick, Hancock Associates(sent via fax) ' Massachusetts Department of Environmental Protection DEP Pile Number: -- Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Tropical Products computer, use Name only the tab key to move 220 Highland Avenue your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code LID 2. Property Owner(if different): Name renm Mailing Address City/Town State Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: December 9, 2004 Date for work at: 220 Highland Avenue 8 125 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex County Book Page Certificate(if registered land) is hereby extended until: December 9, 2008 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Salem Conservation Commission wpaform7Aoc•rev.714I04 Page 1 of 3 ' Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands a� WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of Condit' ns Extension must be signed by a majority of the Conservation Commission and a copy sent to a ca he appro rate DEP Regional Office. Signatures Notary Acknowledgem nt Commonwealth of Massachusetts County of Essex 29 November 2007 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, !i, A. Hamilton, M. Blier, _ Name of 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 Ciry/Town Conservation Commission �� CAREY R.DUQUES VOW=►M 0n n Signallure of Nota Public Carey R. DuqUes j Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) wpaform7.doc•rev.7/1 Cr04 Page 2 of 3 ` Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of:the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Salem Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 220 Highland Avenue 64-379 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex County for: Tropical Products Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpalorm7.doc-rev.7114/04 Page 3 of 3 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 Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield wales 9 Alford Cummington Hatfield -Monterey Richmond Ware 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 Sandlsfield Wendell Belchenown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Frying Huntington New Salem Shelburne West Spdngfeld Brimfield Flonda Lanesboiough North Adams Shutesbury West Stockbridge an"Mand Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leveatt Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sundedand Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charon Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston MdNifile Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01605 Athol Dudley Holliston Nouhborough Southborough Westborough Phone:508-792-7650 Auburn constable Lancaster Nonhbndge Southbridge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer west Brookfield Barre Fitchburg Leominster Oakham Staining Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Slow Weslinnster Berlin Grafton Lunenburg Paxton Slurbndge Winchendon Blackstone Groton Marborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoiseu Prov,rd,apwn Tisbury 20 Riverside Drive Acushmn Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfieet Phone: 508-946-2700 Barnstable Eastham Hanover North Altleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Brdgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tisbury TDD: 508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yamauth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chllnark 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 Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Water., Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Revery Dover Lincoln Natick Salem Wenham TDD:617-654-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus - Weston Boxford Everett Lyrafeld Newburypon Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead Nunn Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamlton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpalorm7 Aoc•DEP Addresses•rev.11/30/07 Page 1 of 1 a ° CITY OF SALEM CONSERVATION COMMISSION November 7, 2007 Edward Berman 220 Highland Avenue Salem, MA 01970 Re: DEP 464-379—Filling and Replication of Wetlands-220 Highland Avenue, Tropical Products, Salem, Massachusetts Dear Mr. Berman: After review of your file it appears that you are in violation of the issued Order of Conditions #64-379. The Order of Conditions issued on December 9, 2004, indicates that wetland replication was proposed and approved by the Conservation Commission at the above mentioned site. However, reports or verification have not been sent to the Commission(Condition#47) confirming that the wetland alteration and replication areas have been performed in compliance with the Order of Conditions. A second report that has not been submitted to the Con Com includes annual documentation showing that the outfall pipe is vacuumed on an annual basis, per Condition#53. In addition to the concerns noted above, please be advised that the Order of Conditions for the above referenced project will expire on December 9, 2007. If this development project is complete, you should submit the required reports and Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this project has not been completed, than you must submit the 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, �tr Carey Duques Conservation Agent/Planner Enclosures CC: American Beverage Corp. John Dick, Hancock Associates (sent via fax) Q, ,fONDI' CITY OF SALEM DEPARTMENT OF PLANNING AND °"' COMMUNITY DEVELOPMENT KIMBERLEY DRIscoLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 LYNNGOONINDuNcAN, ,AICP TEL:978-619-5685♦FAx:978-740-0404 DtREcroR tax To: John Dick From: CareyDuques,Conservation Agent Fax: 978-774-7816 Date: November 7,2007 Phone:978-777-3050 Pages: Re: 220 Hghland Ave DEN 64-379 CC: lytent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Per Your Request Comments: Dick, The Order of Conditions for the project referenced above will expire on December 9, 2007. Please speak with your client and email me a request for an extension as soon as possible if the work is not complete. The commission requires that requests are made 30 days prior to the expiration of an OoC Thanks. HP Offlcejet 7410 Log for Personal Printer/Fax/Copier/Scanner DPCD 978-740-0404 Nov 07 2007 1:22PM Last Transaction Date Time Type Identification Duration Pages Result Nov 7 1:21 PM Fax Sent 919787747816 0:59 2 OK CD CITY OF SALEM CONSERVATION COMMISSION December 13, 2004 Hancock Associates C/O John Dick 185 Centre Street Danvers, MA 01923 RE: Order of Conditions (DEP#64-379)—220 Highland Avenue Dear Mr. Dick Enclosed, you will find the Order of Conditions for 220 Highland Ave (DEP File # 64- 379). Following the 10-day appeal period, this Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street, Salem, MA. 978-741-0201, before any work can begin. Please fill out and return the Recording Information on page 9 of the Order of Conditions, which will indicate to the Salem Conservation Commission that the document has been recorded. Should you have any further questions or concerns, please feel free to contact me at (978) 745-9595 ext 311. Sincerely, r ormina Planne /Conservation Agent Cc: Edward Berman Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands " DEP File Number: WPA Form 5 - Order of Conditions #64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not American Beverage Corporation use the return a. First Name b.Last Name c.Company key. �nI 1 Dailey Way —ICI d.Mailing Address 06 Verona PA 15147 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Edward Berman Berman Properties, LLC a. First Name b. Last Name c.Company 220 Highland Avenue d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code 5. Project Location: 220 Highland Avenue Salem a.Street Address b.Cityrrown Map 8 Lot 125 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 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) 15562 113 c. Book d.Page 10/14/04 12/9/04 12/9/04 7. Dates: 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): Permit Site Plan at Highland Avenue a.Plan Title Hancock Associates John Gilburt Dick b.Prepared By c.Signed and Stamped by 8/26/04 1" = 20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: $250.00 $112.50 $137.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid wpaform5.00c• rev.1118I04 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 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: ® 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: ❑ 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. ❑ 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) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 4. ® Bordering Vegetated 645 645 2,650 2,650 Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpafo=5.00c• rev.12/1904 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubicfeet f.wbic feet g.cubicfeet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood c.cubic d.cubic feet bic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c square feet d.square feet Sq ft between 100-200 ft e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 10. ❑ Land Under the Ocean a.square feet b.square feet c.w.yd dredged d.w.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches T-square feet b.square feet c.Uy nonourishmt d.cly nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt d.dy nourishmt 14. ❑ Coastal Banks a.linear(feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.w.yd dredged d.cu.yd dredged 16. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.w.yd dredged b.w.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaf0=5.doc• rev.1218104 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 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'J "File Number #64-379 " wpafo.5.dm• rev.12/8I04 Page 4 of 9 Massachusetts Department of Environmental Protection LF I Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 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. Special Conditions: If you need more SEE ATTACHED space for additional conditions, select box to attach a text document wpaform5.doc• rev.1218104 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore, the hereby finds (check one that applies): Conservation Commission 2. ❑ 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. 3. ❑ 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 g P Y additional conditions, select box to attach a text document ❑ 1W paform54oc• rev.77/9/04 Page 6 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-379 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 12/9/04 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 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 delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: N ary Acknowledgement Commonwealth of Massachusetts County of �SSe-X M. I y be�ef.-�I�e.� Zc�o< On this Day Of Month Year / Before me, the undersigned Notary Public, Sad-, CDn7e-A.V?-- Co" ,t5'la,f personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were 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 statepu pose. As member of City/Town Conservation Commission JULIA D.Mublic 1 Notary Public C0111mOflWsmi son Expires Signature of Notary Public My Commission Expires May 5,2011 'YC) It -,- /) /�!J y C{ r'-'-Z S Printed Name of�otary Public Place notary seal and/or any stamp above SAS/ a O My Commission Expires(Dale) This Order is issued to the applicant as follows: ❑ by hand delivery on 'to by certified ail, return receipt requested, on �Z Date Date vvpaform5.doc• rev.12I8104 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 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. 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.dx• rev.1218/04 1/ Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-379 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: 220 Highland Ave. #64-379 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.doc- rev.12/8104 Page 9 of 9 Attachment to Order of Conditions#64-379 Page lof 6 SALEM CONSERVATION COMMISSION DEP FILE #64-379 220 Highland Avenue City of Salem, Massachusetts ADDITIONAL FINDINGS This parcel does not include habitat of rare wildlife,nor does it contain certified vernal pools,according to the June 1, 2003 Map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools, published by the Massachusetts Natural Heritage and Endangered Species Program. 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 an after the fact filling of 645 sq feet of Bordering Vegetative Wetland and the creation of 2,600 sq ft of wetlands replication at 220 Highland Avenue, Salem,Massachusetts. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 6 pages) at the Essex 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; and recording information(Registry book and page numbers or Land Court certificate number)must be submitted to the Salem Conservation Commission(`Commission' hereinafter) in writing,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. 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#64-379 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. 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: Attachment to Order of Conditions#64-379 Page 2of 6 (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) The City of Salem Wetlands Protection Ordinance and its Regulations 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. The Commission or its Administrator,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. 12. The Commission or its Administrator 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 Permit Plan at Highland Avenue Title 8/26/04 Dated John Gilbert Dick 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 Attachment to Order of Conditions#64-379 Page 3of 6 buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referenced to in all future deeds to this property. 18. Approved wetland resource alteration and replication shall be performed according to the"Alteration and Replication of Vegetated Wetland"conditions of this Order prior to the commencement of any other work. PRIOR TO CONSTRUCTION 19. 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. 20. 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. 21. Prior to the pre-construction meeting and commencement of any activity on this site,the boundary flags of all wetland resource areas shown on the approved site plan(s) shall be inspected and replaced by field survey if decayed or missing so that each flag is clearly visible in the field. Flagging used to identify wetland resource areas shall be of a color different from any other flagging used on the site. Flags shall be checked regularly and replaced as necessary until work is completed. 22. 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. 23. 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. 24. There shall be hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 25. 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. Attachment to Order of Conditions#64-379 Page 4of 6 26. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 27. 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. 28. The area of construction shall remain in a stable condition at the close of each construction day. 29. 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. 30. 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. 31. If soils are to be disturbed for longer that 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 surface shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 32. 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. 33. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 34. 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. 35. 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. 36. 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. 37. There shall be no pumping of water from wetland resource areas. 38. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 39. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 40. 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): Attachment to Order of Conditions#64-379 Page 5of 6 (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; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; (e) Wetland resource replication areas constructed under this Order. (4) A letter from a qualified Wetlands Specialist(qualifications subject to the approval of the Commission)certifying compliance with the wetland replication requirements set forth below under Wetland Alteration. 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 Conservation Commission and/or its Administrator has authorized their removal. ALTERATION AND REPLICATION OF VEGETATED WETLAND 44. Prior to the Pre-Activity Meeting and commencement of any activity on this site,the applicant or current landowner shall provide the Commission with the name of a qualified"Wetlands Specialist'(qualifications subject to approval of the Commission)experienced in wetland replication who shall be present on site to direct and supervise the replication work. 45. Prior to the Pre-Activity Meeting and commencement of any activity on this site, the borders of both the wetland resource area(s)to be altered and the replication area(s)shall be clearly delineated by grade stakes set in place by field survey. 46. Prior to any alteration of wetland resource area,the wetland replication area(s)shall be constructed per the approved wetland replication site plan and wetland replication methodology. The wetland replication area Attachment to Order of Conditions#64-379 Page 6of 6 shall be excavated in the location and to the size and elevation indicated on the approved wetland replication site plan. 47. Following construction of the wetland alteration and replication areas and prior to any other work on site, the Wetlands Specialist shall certify in writing to the Commission that both the wetland alteration and replication work has been performed in compliance with the Order of Conditions. An"As-built"plan of both the alteration and replication areas,signed and stamped by a Registered Professional Engineer or Registered Professional Land Surveyor,shall be submitted to the Commission along with the written certification. Said plan shall show the location and size calculated in square feet for the alteration area; as well as the subsurface and finish grade elevations for the replication area.No other work may proceed on this site until the wetland alteration and replication certification and as-built plan have been submitted and approved by the Conservation Commission. 48. If the wetland replication area does not exhibit at least fifty(50)percent coverage of indigenous wetland indicator species by the end of the first growing season,the applicant shall supplement the plantings with indigenous wetland indicator species obtained via transplantation from adjacent wetland areas or from a nursery specializing in the propagation of wetland plants. 49. The Wetland Specialist shall monitor the soil horizons and depths,plant community composition and structure, and hydrology of the wetland replication area. Monitoring inspections shall occur in June and September for two complete growing seasons following completion of construction. Monitoring shall continue beyond that date if the wetland replication area does not exhibit at least seventy-five(75)percent coverage of indigenous wetland indicator species at the end of the second complete growing season. 50. At the first wetland replication monitoring inspection, the Wetland Specialist shall set up recoverable vegetation analysis plots that shall be evenly distributed throughout the replication area. Each plot shall measure thirty(30)feet in diameter. Each plot center point shall be marked on the ground with grade stakes labeled with the appropriate plot number. 51. During each monitoring inspection,the Wetland Specialist shall perform a vegetation analysis at each plot location. The analysis shall document all vegetation species within each plot by common and scientific name,wetland indicator status,and percent coverage. Total percent coverage of all INDIGENOUS wetland indicator species within the plot area shall also be documented. Copies of the documentation for each monitoring inspection shall be submitted to the Commission immediately following each inspection. 52. In the event that the wetland replication area does not meet the Performance Standard for wetland replication as set forth in Section 10.55(4)(b)(1-7)of the Massachusetts Wetlands Protection Act Regulations,the Wetland Specialist shall submit a wetland replication Contingency Plan in writing to the Commission. The Contingency Plan shall describe proposed measures(such as additional plantings and/or changes in grading)designed to bring the replication area into compliance with said regulations.The Contingency Plan shall not be implemented until it has been reviewed and approved by the Commission or its Administrator. ADDITIONAL CONDITIONS 53. Vacuum trucks shall used to clean out both the outfall pipe and the catch basins on site. Documentation of such maintenance work shall be submitted to the conservation commission annually. . cl LE NOTICE OF INTENT For 220 Highland Avenue Salem, MA r HA CK Prepared by: HANCOCK ASSOCIATES 185 Centre Street, Danvers, MA 01923 (.978) 777-3050 Fax: (978) 774-7816 HSA@hancockassociates.com October 2004 1 TABLE OF CONTENTS PAGES NOTICE OF INTENT 1-8 PROJECT NARRATIVE 9-10 ATTACHMENTS: ■ LOCUS MAP • AFFIDAVIT ■ ABUTTERS NOTIFICATION ■ ABUTTER LIST • EXHIBIT PLAN Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection-Wetlands °EP File""ft°` WPA Form 3 - Notice of intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Sal merdrrarmsawon"umber Salem Cyyrrown A. General Information 1. Project Location (Note:electronic filers will dick on button for GIS locator): 220 Highland Avenue Salem 01970 a.Street Aadresa b.Cityrrown c.Zip Code Latitude and Longitude,if Known: d.Larymxle e.Lamgyude Map 8 Lot 125 Importank Ld Number f.Assessors Map/Plat Number g.Parcel I When filling out 2. Applicant forms on the computer,use American Beverage Corporation only the tab a.First Name b.Laet Name c.Company to move 1 Daily Way youransor- d.MaytngAddress - do not use the Verona PA 15147 return key. e.Cdyfrown f.State a Zip Cone V j!� h.Phone Number i.Fa-Number j.E 3. Property owner(d different from applicant): ❑ Check 9 more than one owner ... Edward Berman _Berman Properties LLC a.FW Name b.Lad Name c.Company 220 Highland Avenue d.Maying Address Note. Salem MA Before a.Cy 01970 yrrown f.slate 0 Zip Cade completing this (978)740-5665 g. form consult h.Phone Number t.FOX Number t.EmaO address your local Conservation 4. Representative(f any): Commission Hancock Associates regarding any a.Ftrm municipal bylaw or ordinance. John Dick b.Cordad Person First Name C.Gaffed Person Last Name 185 Centre Street d.Mal V Address Danvers MA 01923 e.Cityrrown f.State g.ZIP Code (978)M-3050 (978)774-7816 idid0hanCDcImssociates.com h.Phafe Number i.Fax Number J.Emery address ❑ Select if 5 Total MA Fee Paid you want to see � l Mom Appendix A,Wetland Fee Transmittal Form): Wetland Fee $250.00 Transmittal $State F $137.50 S.T Fe e ee Paid b.slate Fee Paid c.Cityrrovm fee Paid Form. S. General Project DesWption: After the fact addition to existing parting lot and creation of mitigation area 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 Cityrrown 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 i ® Other 8. Property recorded at the Registry of Deeds for: Essex South a.County 15562 b.Book 113 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. wpaformUm•rev.06103 Page 2 of 8 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 Salem Cityrrown 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 645+/- 2,650+/- (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. 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 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 ft and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpafortnUm•rev.06/03 Page 3 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 Salem CityfTown 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. 0 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 delineated. Applicable Standards and 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 ® No If yes, include proof of mailing or hand delivery of NO] to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 2003CD 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 N01 to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ® Not applicable—project is in inland resource area only wpeferm3.tlec•rev.06103 Page 5 of 6 ------------ Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of intent DEP File Number Docu Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ment Transaction Number Salem City/Tom 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(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 ® No If yes,describe which exemption applies to this project: submit.to the Department. b.F_zempbon & Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No b. If yes,stomrwater management measures are required.Applicants should complete Appendix B: Stomrwater Management Form and submit it with this form. c. If no, explain why the project is exempt: maintenance and repairs of an existing system 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 locate the site. (Electronic filers may omit this item.) 2. 0 Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland IBVWj replication area or other mitigating measure) relative to the boundaries of each affected resource area. 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 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. 0 List the titles and dates for all plans and other materials submitted with this NOL document 5. ❑ 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. your receipt page)with all 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you 6. ® 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: 96104 10.12.04 1.Municipal Check Number 2.Check date 96105 10.12.04 3.State Check Number 4.Check date American Beverage Corporation 5.Payor name on check:First Name 6.Payor name on check:Last Name wpaform3.dx•rev.06103 Page 7 of 8 Oct 11 04 09: 53a HancockRssoc. 9787747816 p. 2 , Massachusetts Department of Environmental Protection Provided by DER: 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 _Salem Cityrrown 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 r/e,_ceipt reque all abutters within 100 feet of the property line of the project location. Signature`of Applicant Date Signature of Property Owner(if different) Date Si ure of ReD five 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, wPAm3,doc•nw.oem3 Page 8 d 8 J` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — 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 American Beverage key to move a. First Name b.Last Name Corporation your cursor- 1 Daily Way do not use the d.Mailing Address rrettuu,��rnn k�ey�. Verona PA 15147 11 c�-V e.City/rown f.State g.Zip Code m IL 0 h.Phone Number FX2. Property Owner(if different): Anthony Battaglia American Beverage a. First Name b.Last Name Corporation d.Mailing Address e.City/rown f.State g.Zip Code h.Phone Number 3. Project Location: 220 Highland Avenue Salem a.Street Address b.City/Town 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 fee should be calculated using the following six-step process and worksheet. Please see Section D of 9 9 P this form. Instructions before filling out worksheet. Step 1/Type 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. Wpaform3doc-Appendix e•rev.10113/04 Page 1 of 3 y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Appendix A — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 11Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 2b 1 $500.00 $500.00 Step 5/Total Project Fee: Step 6/Fee Payments: Total Project Fee: $250.00 a.Total fee from Step 5 State share of filing fee: $237.50 b. 1/2 total fee less$12.50 City/Town share of filling fee: $262.50 c. 1/2 total fee plus$12.50 Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows (check applicable project type): 1. ❑ single family house project a.feet of BVW x$1.00= b.Total fee not to exceed$1,000 2. ❑ all other projects a.feet of BVW x$1.00= b.Total fee not to exceed$1,000 State Share of filing fee: 3. 1/2 of total fee less$12.50 City/Town share of filing fee: q 1/2 of total fee $ plus 12.50 P i Wpafor nUm•Appendix B•rev.10/13/04 Page 2 of 3 'F3 on- 1:: Nc. DOI 096105 OCT 12, 04 PAV*****TWO HUNDRED THIRTY SEVEN DOLLARS AND 50 CENTS***** $237.50 TO THE CORDER COMMONWEALTH OF MASSACHUSETTS 111001096105110 0013,11 I Ili ?I'm AWHUt D 6iG[AAl'JRE N.A. 01-6c 15q No- 00, 096104 OCT 12, 04 PAY*****TWO HUNDRED SIXTY TWO DOLLARS AND 50 CENTS***** $262.50 TO 1-HF ORDER CITY OF SALEM OF 11000 1096 L0411B 1:04 3 3D 160 0: 008oll I L9 ?III HANCOCK # 11197 ASSOCIATES September 13, 2004 Mr. Anthony Battaglia American Beverage Corporation I Daly Way Verona, PA 15147 RE: 220 Highland Avenue Salem, Massachusetts Dear Sir: This is written to address compliance with an outstanding Order of Conditions (DEP File Number 64-132). The Order was issued to Sunburst Fruit Juices 12 June 1986 and modified 11 September 1986 and 23 October 1986. The most recent reference is to a Site Plan of land in Salem prepared by Carter&Towers Engineering, dated 14 May 1986 and revised through 8 September 1986. Hancock Associates performed an as-built survey in August 2004. The following discrepancies were observed: 1. The rip-rap slope along the north edge of the parking lot is not consistent with the Site Plan. It appears from the Site plan that approximately 645 square feet of wetland filling occurred as a result of the rip-rap installation. Hancock Associates conducted site reconnaissance and a wetland delineation on 16 August 2004. On that occasion,the area of presumed filling was carefully inspected and found to consist of ledge outcroppings in uplands. However,the Site Plan clearly indicates that wetlands were delineated in that location in 1986. 2. There is no evidence of gas and oil separators in the two catch basins serving the parking lot. (Oil and grease separators were specifically conditioned in both modifications of the original Order of Conditions.) In the course of the site visit on 16 August 2004,two wetland systems were flagged. These wetlands, consisting of Red Maple swamp dominated by a moderate to dense shrub canopy, are shown on the accompanying Permit Site Plan prepared by Hancock Associates, dated 26 August 2004. The 1986 delineation is also shown, as well as the existing base of the rip-rap slope. DANVERS OFNCE: BOLTON OFFICE: 185 Centre Street, Danvers, MA 01923 626 Main Street, Bolton, MA 0 1740 Phone: (978) 777-3050 Fax: (978) 774-7816 Phone: (978) 779-6767 Fax: (978) 779-2228 HSA@hancockassociates.com bolton@hancocl<associates.com www.hancockassociates.com The Permit Site Plan also shows upland area of approximately 2,633 square feet near the right front comer of the site. In mitigation for the presumed filling of wetlands (item 1. above) removal of invasive species and wetland plantings is proposed in this area. Mitigation Plantings Due to the presence of ledge outcroppings and a dense tree canopy, it is impractical to excavate the entire mitigation area to a grade consistent with adjacent wetlands. At the northerly end of the mitigation area, (where proposed grades are shown on the Permit Site Plan) approximately 6 inches of topsoil should be remove and stockpiled, followed by excavation and removal of 6 inches to a foot of subsoil. The topsoil shall then be replaced to finish grade in preparation for planting. The tree canopy within the mitigation area consists of Red Maples to diameters of 12 inches, forming a deciduous canopy cover of 80 percent. These trees should remain in place. The shrub layer of the entire mitigation area is presently overgrown with Buckthorn. These plants should be marked and removed both for purposes of access and to eliminate a non-native invasive species. The following species shall be planted at random distribution in the upland mitigation area. Approximately 20 conservation grade shrubs will be required, planted on 10-foot centers. Witch hazel Hamamelis virgimana Spicebush Lindera benzoin Winterberry Ilex verticillata The following species shall be planted at random distribution in the wetland mitigation area. Approximately 21 conservation grade shrubs will be required, planted on 8-foot centers. Arrowwood Viburnum dentatum Elderberry Sambucus canadensis Mghbush Blueberry Vaccimum corymbosum The herbaceous layer of the proposed mitigation area supports a limited number of spring ephemerals (particularly Canada mayflower). These plants are presently dormant, and may easily be reestablished by replacement of the topsoil. Supplementary seeding is recommended, and may be accomplished by broadcast of the specified mix(attached). v " a Drainage repairs Oil separators shall be installed in the two existing basins shown on the plan. The sumps should be cleaned and measured to determine the practicability of installing MDC-type or other separators. (Mechanical cleaning of basins often damages conventional MDC hoods.) It should also be noted that the original Order of Conditions included a requirement for regular cleaning of the sumps, and for documentation of such activity to be provided to the Commission. Hancock Environmental Consultants John Dick, P.L. . Wetland Scientist t The two specified seed mixes shall be combined at a 1:1 ratio and broadcast by hand throughout the mitigation area onto the finished,raked surface following shrub planting. A I-inch mulch of hay shall be applied following seeding. New England Erosion ControURestoration Mix (for Detention Basins and Moist Sites) The New England Erosion Control/Restoration Mix contains a selection of native grasses and wildflowers designed to colonize generally moist,recently disturbed sites where quick growth of vegetation is desired to stabilize the soil surface.This mix is particularly appropriate for detention basins which do not normally hold standing water.The plants in this mix can tolerate infrequent inundation,but not constant flooding. In New England,the best results are obtained with a Spring seeding. Summer and Fall seeding can be successful with a light mulching of weed free straw to conserve moisture. Late Fall and Winter dormant seeding require a slight increase in the seeding rate. Fertilization is not required unless the soils are particularly infertile. APPLICATION RATE: 1245 sq fU lb SPECIES Switchgrass (Panicum virgatum),Virginia Wild Rye (Elymus virginicus), Creeping Red Fescue(Festuca rubra), Fox Sedge(Carex vulpinoidea), Creeping Bentgrass (Agrostis stolonifera),Silky Wild Rye(Elymus villosus), Nodding Bur-marigold (Bidens cernua),Soft Rush (Juncus effusus), Grass-leaved Goldenrod(Solidago graminifolia),Sensitive Fern (Onoclea sensibilis),Joe-Pye Weed (Eupatorium maculatum),Boneset(Eupatorium perfoliatum), Flat-top Aster(Aster umbellatus), New York Aster(Aster novi-belgii), Blue Vervain (Verbena hastata). New England Erosion Control/Restoration Mix (for Dry Sites) The New England Erosion Control/Restoration Mix for dry sites provides an appropriate selection of native and non-native grasses to ensure that dry and recently disturbed sites will be quickly revegetated and the soil surface stabilized. It is an appropriate seed mix for road cuts,pipelines, detention basin side slopes, and areas requiring temporary cover during the ecological restoration process.The mix may be applied by hydro seeding,by mechanical spreader, or on small sites it may be spread by hand.When applying on bare soil,rake the soil to create grooves,apply seed,then lightly rake over.This mix may be applied at any time of the year.A light mulching of weed free straw to conserve moisture and to aid in slope stabilization and fertilization with io-io-io is recommended. APPLICATION RATE:1245 sq ft/Ib SPECIES Creeping Red Fescue(Festuca rubra),Annual Rye-grass(Lolium multiflorum), Timothy(Phleum pratense),White Clover(Trifolium repens),Little Bluestem (Schizachyrium scoparium), Red Top(Agrostis alba),Side-oats Gramma-grass (Bouteloua curtipendula) NEW ENGLAND WETLAND PLANTS, INC 820 WEST ST. AMHERST, MA 01002 PHONE: (413) 548-8000 FAx: (413) 549.4000 CONTACT US: INFO@NEWP.COM HANCOCK 185 Centre Street Route lNorth Danvers,MA 01923 Environmental Consultants f; ITT', eP N j W A q &T .1 will. ?1.3%]I'w V51-M-W r� J.0 Prepared for: Locus Map 220 Highland Avenue Salem, Massachusetts Salem, Massachusetts HEC File No. 11197 Patriot Properties , Salem 10/05/2004 Abutters List 11:39:07AM Filter Used: DataProperty.ParceIID=-08-0125-0'OR DataProperty.ParcellD=-08-0122-0'OR DataProperty.ParcellD='08-0162-0' OR DataProperty.Parce[ID= '08-0141-0'OR Data Property.ParceI]D=-08-0123-0.. RECEIVED OCT 6 2004 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT 10105/2004' - _ Salern �. Pagel of I 11:39:07AM AblltteP$ LtSt ParcellD Location Owner Co-Owner Mailing Address City State Zip 08-0122-0 28 CLOVERDALE AVENUE HUGHES JAIME A HUGHES LOIS M 25 WEBB STREET SALEM MA 01970 08-0123-0 230 HIGHLAND AVENUE PEP BOYS-MANNY MOE& JACK OF DELAWARE INC 3111 WEST ALLEGHENY AV PHILADELPHIA PA 19132 08-0141-0 227 HIGHLAND AVENUE SECOND PICKWICK TRUST THE DSM RLTY 875 EAST STREET TEWKSBURY MA 01876 08-0155-0 5 ROCKMERE STREET BERMAN PROPERTIES,LLC 7 ESSEX PARK ROAD ESSEX MA 01929 08-0156-0 6 ROCKMERE STREET BERMAN PROPERTIES,LLC 7 ESSEX PARK ROAD ESSEX MA 01929 08-0162-0 19 GREENLAWN AVENUE PANNETON LAURI ANN PANNETON MICHAEL R 19 GREENLAWN AVE SALEM MA 01970 09-0269-0 30 CLOVERDALE AVENUE MEIMETEAS ANGELO NEWTON AMY M 123 1/2 BOSTON ST SALEM MA 01970 13-0001-0 204 HIGHLAND AVENUE KART ROBERT J KART MARY JANE 30 CYPRESS HOLLOW BLUFFTON SC 29909-4528 13-0002-0 207 HIGHLAND AVENUE HILLCREST REALTY TRUST II CERUNDULO RALPH TR 107 BRIMBAL AVE BEVERLY MA 01970 13-0012-0 4 FIRST STREET RIDGESIDE REALTY LLC C/O JOHN M.CORCORAN& 100 GRANDVIEW RD SUITE BRAINTREE MA 02184 End of Report r #11197 Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following. A. The name of the applicant is American Beverage Corporation B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality of Salem seeking to remove,fill,dredge or alter an Area Subject to Protection Under the Wetlands Protection Act(General Laws Chapter 131, Section 40). Activities Proposed: Construction of a mitigation area for an exisittng parking lot addition C. The Address of the Lot where the activity is proposed is 220 Highland Avenue D. Copies of the Notice of Intent may be examined at Salem Conservation Commission between the hours of 8:00 and 4:00 on the following days of the week: M-Th Call for other times For more information,call: 978-745-9595 Check one:This is the applicant ,represen tative ❑,or other ❑(specify): Commission Name of Representative: Hancock Environmental Consultants E. Copies of the Notice of Intent may be obtained,for a fee,from either(check one)the applicant ❑,or the applicant's representative ❑,by calling this telephone number 978-777-3050 between the hours of 8:00 and 4:00 on the following days of the week: M-F F. Information regarding the date,time,and place of the public hearing may be obtained from: Conservation Commission by calling this telephone number 978-745-9595 between the hours of 8:00 and 4:00 on the following days of the week: M-Th Call for other times Check one: This is the applicant ❑,representative LJ,or other LJ(specify): Conservation Commission NOTE:Notice of the public hearing,including its date,time and place,will be published at least five (5)days in advance in the Salem News (name of newspaper) NOTE:Notice of the public hearing, including its date, time and place,will be posted in the City or Town Hall not less than forty-eight(48)hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP,call• Central Region: 508-792-7650 Northeast.Region: 617-338-2255 Southeast Region: 508-946-2700 Wester Region:413-784-1100 1 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, John G. Dick, hereby certify under the pains and penalties of perjury that on October 14, 2004, I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April, 18, 1994, in connection with the following matter: A Notice of Intent was filed under the Massachusetts Wetlands Protection Act by the American Beverage Corporation with the Salem Conservation Commission on October 14, 2004 for property located at220 Highland Avenue. The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to the Affidavit of Service. Y ►4Oc o�L John G ick Date � 4 DEROSA Environmental CONSULTING, INC. 46 North Mann St'let,101wlch MAO1938 cle rosaznvfionmenlaLmm (978)356-5408 January 22, 2010 BY ELECTRONIC MAIL Carey R. Duques, AICP Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem, MA 01970 (p) 978-619-5685 (f) 978-740-0404 cduques@salem.com www.salem.com RE: Wetland Restoration Confirmatory Report Tropical Products, Inc. 220 Highland Avenue Salem MA DECI File No: 09-1034 Dear Ms. Duques, and Members of the Commission, As you requested, we have prepared and submit the following report which summarizes the grading, planting, and stabilization elements of the wetland restoration effort at the Tropical Products, Inc., project in Salem, Massachusetts. In brief, we affirm that greater than 75%of planted material is established and no further action is necessary at the site at this time. The work has been completed in substantial conformance to the wetland restoration design. A summary of our findings can be found below. 46 North Main Street, Ipswich MA 01938 - 978 356-5408 Tropical Products, Inc., 220 Highland Avenue, Salem MA 1. Construction of wetland replication area showing excavation and contouring ` of final grading within area to be planted. 2. Clearing brush and upland plants from proposed restoration area. ' u VT. 3. Ensuring sub-grade intersects the . water table and slopes appropriately and P , gradually to surrounding upland areas. .~ Wetland Replication,Wildlife Habitat Assessment, Permit Preparation, and Ecological Services Wetland report-final.dw Page 2 4. Spreading compost blanket after final grades are established. This serves as an . erosion prevention surface and allows :' rapid infiltration of rain water. The steepness of the surrounding grade required special treatment to reduce threats of erosion to the replication area and adjacent wetland areas. , { et. r at i 'ynn•f�� pi 5r �3.: r q•'.i: 5. View of finished grading and compost blanket over the restored area. IF s ' in 6. Installation of canopy, shrub and herbaceous plantings within restoration area and surrounding upland buffer ; zone. Seed was also spread over the .; "•: entire area to facilitate rapid °- stabilization. We used a mix of winter rye, red fescue, creeping red fescue, i a. clover and switch grass. The annuals " �4 <�r provide quick germination and root _"` , development.The perennials add long term slope stabilization. LLr 'Mr4ey, Wetland Replication,Wildlife Habitat Assessment,Permit Preparation,and Ecological Services Wetland report-fmal.dm Page 3 .� .� s �� Y rr �� L _ '4.�: Y d 1z�� 14L. j �L '� 1 arm`. �- 4 1..,,"00� q 4�� {y a. .r _ ...x... ...x `�: �. —�' g fi �% 6��` # � �� r {4 � �, �� '� '.., a � �� f � 1 $ ��. 4.�' f". +.'"c. �� . . t � y° 1_ Lti.� y.•, s. y .� ,. _� � '�'''°s . r � ��y{� ° ; "` ado Ji i y��p ;�� '� 2�5 �� ti Y..�S JP'..� Y 1 �S }�� ✓ hyM x Y *'��»-��w� Y` r€12�n�,'w, n `.,ram 11 11 e t" , 10. Winterberry shrub after first year ofy Jt� •s growth. Well established and vigorous. ,,,*�t�rf k�a 4 e =' i MI 1112 .e � tit. �� 4 �' +�.•4 .. � ti t � � t Y �' ' 0 11. Royal fern after first winter ,. . ' � y established and doing well. _.,� 12.Winterberry in full fruit, Octobers n 2009. x r r� zj 3 �✓r Wetland Replication,Wildlife Habitat Assessment, Permit Preparation,and Ecological Services Wedaod report-finai.dm Page 5 Summary Findings Based on our involvement with the design, inplementation and follow up maintenace and aftercare of the project,ro'ect, it is our professional opinion that the site is functioning as bordering vegetated wetland as defined at 310 CMR 10.55(2). Moreover, the plantings installed within the restoration area are established and show excellent health and vigor. Exposed soils are stabilized and fully vegetated. Installed ferns and herbaceous material as well as, shrub and canopy plantings are all doing very well and have substantially improved the function and value of this wetland area. Importantly, there is no evidence of purple loosestrife or other invasive wetland species at the site. This was expected as the dense tree cover would serve to deter purple loosestrife growth in particular. Morever, there is no nearby source of seed material which futher reduces the opportunity for loosestife invasive in the future. Accordingly,we affirm that the site has met the greater than 75%cover established as the performance standard for wetland restoration reguations at 310 CMR 10.55, et seq. and that the area functions as a bordering vegetated wetland and associated buffer zone, as designed and installed. Should you have any questions or comments, please call anytime. Respectfully submitted, DeRosa Environmental Consulting, Inc. Michael J. DeRosa,Principal Wetland Ecologist MJD/mks cc: Thomas J. Alexander, Alexander 6 Femino, One School Street, Beverly, MA 01915 Phone: 978-921-1990, Fax: 978-921-4553, EMAIL: tja@alexanderfemino.net Wetland Replication,Wildlife Habitat Assessment Permit Preparation, and Ecological Services P P � 9 Wetland report-final.doc Page 6 MICHAEL J. DEROSA 46 North Main Street (978)356-5408 Ipswich,Massachusetts 01938 FAX(978)356-4211 Professional History Environmental Consultant DeRosa Environmental Consulting,Inc. July 1990 to Present Ipswich,Massachusetts • Licensed Site Professional(LSP Lic.No.:3452)under the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals(temporary license issued September 1993;fully licensed January 1996) • Designs biological treatment systems for hazardous waste disposal sites and provides oversight of the installation,operation,and maintenance of soil and groundwater treatment systems • Fully services MGL Chapter 21 E and the Massachusetts Contingency Plan(310 CMR 40.00) • Provides environmental permitting services and wetlands delineation services under State and Federal jurisdictions • Designs and constructs wetland replication planstprojeds;wetland delineation;wetland permitting services - • LEED Accredited Professional;green building;renewable energy and wind turbine siting services • Prepares wildlife impact assessments,vernal pool certifications,and designs and conducts ecological research • Incorporated De Rosa Environmental Consulting,Inc.in May 1994 to provide professional services to public and private sectors in resource management,wetlands restoration/creation,onsfte treatment of hazardous wastes using bioremediation technologies,and,ecological research Technical Director,Environmental Engineering Division Web Engineering Associates,Inc. August 1990 to May 1994 Norwell,Massachusetts • Developed quality control systems for field operations and division operations • Prepared specifications and design plans for soil and groundwater treatment systems including pump and treat,air sparging,vapor extraction,bioremediation systems • Responsible for business development and profitability of division • Lead person for large remedial projects • Principal corporate liaison with federal,state,and local regulatory agencies Operations Manager,Environmental Management Division Dennison Environmental,Inc. November 1988 to July 1990 Woburn,Massachusetts • Established and managed Environmental Management Services Division • Full profit and loss responsibility • Managed technical,marketing,financial,personnel,and accounting aspects of operations • Managed corporate quality control for data collection,field operations,and report preparation • Established cooperative teams with specialty consultlng firms including bioremediation system design • Prepared hazardous material site assessments for locations in all New England states Project Manager/Environmental Scientist U. S. Environment Corporation May 1988 to November 1988 Hudson,New Hampshire • Managed hazardous waste site assessments for real estate transfers • Supervised hazardous materials site remediation projects for on and off site treatment methods Prepared reports and acted as principal liaison with clients,allomeys,and lending agents • Trained and managed entry level personnel Pdpulation Ecologist and Wetlands Specialist Lelito Environmental Consultants June 1987 to May 1988 North Falmouth,Massachusetts • Assisted in the review of the wildlife habitat protection regulations under Massachusetts Wetlands Regulations 310 CMR 10.60 • Delineated resource areas under the Massachusetts Wetlands Protection Act • Designed and constructed vegetated wettand replications plans • Served as principal technical writer for wetland resource area reports,wetland replication plans,and,wildlife habitat assessments • Prepared reports and presented findings at public hearings with regulatory agencies Research Assistant North Carolina State University June 1985 to June 1987 Raleigh,North Carolina • Conducted independent research regarding the role of migratory songbirds in the dissemination of the Lyme disease agent Borellra burgdorferi to new disease loci • Contributed to the writing of grant proposals to the U.S.Army,National Science Foundation,and Worid Health Organization • Coauthored articles published in reviewed scientificjoumals Air Pollution Analyst Entropy Environmentalists,Inc. September 1985 to June 1987 Research Triangle Park,North Carolina • Sampled and analyzed air pollutants from stationary sources including nitrous oxides,sulfates and chlorides BY USEPA Methods 1-8 • Analyzed data and prepared reports for air pollution tests • Performed USEPA quality assurance audits • Compiled Laboratory Procedures Manual detailing EPA testing methodologies(92 pages) Senior Research Assistant Harvard University, School of Public Health May 1983 to August 1985 Boston,Massachusetts • Independently researched the ecology and epidemiology of tick-transmitted Lyme disease • Organized and conducted field activities for data collected at study sites • Collaborated with the Department of Biology at Boston University with similar research projects regarding small mammal ecology • Applied research findings to the development of disease agent control programs • Coauthored publications in reviewed scientific journals Education University of Denver BA, Environmental Science(1982) Boston University MA, Energy and Environmental Studies(1993) Certifications and Special Training • Licensed Site Professional(LSP),Lic.No.3452 • Certified Ecologist,The Ecological Society of America(June 2002—May 2007) CERCLA 40 Hour Hazardous Materials Safety Training(OSHA 29 CFR 1910.120) • Confined Space Entry Training (OSHA 29 CFR 1910.146) • Management Training Workshop(Dun and Bradstreet) • Hazardous Materials Chemistry Seminar(University of Toledo) Professional Memberships/Affiliations • Affiliate to the Conservation Commission,Town of Ipswich(1995,1996) • National Ground Water Association(Active) • Association of Ground Water Scientists and Engineers(Active) • Massachusetts Association of Conservation Commissioners(Active) • The Ecological Society of America(Active) • Association of Massachusetts Wetlands Scientists(Active) Publications and Reports Ecology and Population Biology Adler, G.H., M.L. Wilson, and M.J. DeRosa. 1986. Influence of island area and isolation on population characteristics of(Peromyscus leucopus). Journal of Mammalogy. 67:406.409. Adler, G.H., M.L. Wilson, and M.J. DeRosa. 1987. Effects of adults on survival and recruitment of Peromyscus leucopus. Canadian Journal of Zoology.65:2519-2523. DeRosa, M.J. 1982. Interspecific competition between red-winged and yellow-headed blackbirds during the breeding season. Senior Thesis, Department of Biology, University of Denver, Colorado. DeRosa, M.J. 1983.The 1983 tern progress report: Richard T. Crane, Jr., Memorial Reservation, Ipswich, Massachusetts. The Trustees of Reservations, Milton, Massachusetts. DeRosa, M.J. 1984. The 1984 tern progress report: Richard T. Crane, Jr., Memorial Reservation, Ipswich, Massachusetts. The Trustees of Reservations, Milton, Massachusetts. DeRosa, M.J. 1985. The 1985 tern progress report: Richard T. Crane, Jr., Memorial Reservation, Ipswich, Massachusetts. The Trustees of Reservations, Milton, Massachusetts. DeRosa, M.J. and M.W. Monahan. (In preparation). Territory size and nest success of red-winged blackbirds nesting near and apart from yellow-headed blackbirds, in central Colorado. DeRosa, M.J. (In preparation). Microhabitat characteristics of least tern(Sterna albafrons)nest sites in Ipswich, Massachusetts. DeRosa, M. J. 1987. The evolution of interspecific avian brood parasitism in altricial birds. Department of Biology. North Carolina State University, Raleigh, NC Monahan, M.W., D.W. Cameron, and M.J. DeRosa. 1987. Male survivorship,female habitat selection, and nest success of red-winged blackbirds on the Lafayette Marsh, Boulder County, Colorado, in 1982: a final report. Denver Wildlife Research Center, Denver, Colorado. Levine, J.F., C.A.Apperson, W.L. Nicholson, and M.J. DeRosa. (Submitted). Prevalence of spirochetes in Amblyomma americanum and Ixodes scapularis in North Carolina. Journal of Medical Entomology. Wilson, M.L., G.H.Adler, and M.J. DeRosa. (In preparation).Affects of host density on infestations of white-footed mice(Peromyscus leucopus)by the deer tick(Ixodes dammini). Wilson, M.L., M.J. DeRosa,J.F. Levine,and A. Spielman. 1985. (Submitted). Transport of deer tick(Ixodes dammini, Acan: Ixodidae)by fall migrating birds. Annals of the Entomological Society. Wetlands/Hydrology DeRosa, M. J., and P. R. Lelito. 1988. Wildlife habitat and the Massachusetts Wetlands Protection Act Regulations. MCLPA Newsletter. DeRosa, M. J. 1989. Use of vegetated wetlands for the attenuation of stormwater runoff pollutants. Center for Energy and Environmental Studies. Boston University. April, 1989. (29 pages). DeRosa, M. J. 1990. An Environmental Career. Agora.4(3):24-25. DeRosa, M. J. 1990. Use of Vegetated Wetlands for the attenuation of stormwater runoff pollutants: Plant species communities and their capacity to attenuate pollutants. Center for Energy and Environmental Studies, Boston University. December, 1990. (23 pages). DeRosa, M. J. 1991. Protecting Wetlands:A case study of vernal pool protection. Agora. 5(3):28-29. DeRosa, M. J., C. H. Sham, E. Pritham, and E. Ettinger. 1992. Responses to the 1991 proposed revisions to the Federal Method for delineating jurisdictional wetland areas. Center for Energy and Environmental Studies, Boston University. January 1992. (33 pages). •Warious Topics DeRosa, M.J., M.E. Jackson, and J.F. Jones. 1986. laboratory Procedures Manual. Entropy Environmentalists, Inc., Research Triangle Park, Raleigh, North Carolina(92 pages). DeRosa, M. J. 1990. Geochemistry of acid mine drainage and groundwater quality. Center for Energy and Environmental Studies. May 1990. (20 pages). DeRosa, M. J., and Paula A. Cutillo. 1993. Gaian Theory and Ecological Economics: Common ground for a sustainable economy. Center for Energy and Environmental Studies, Boston University. August 1993. (25 a es P 9 ) Page 1 of 2 7 Carey Duques From: Thomas Alexander[tja@alexanderfemino.net] Sent: Friday, October 17, 2008 3:13 PM To: Carey Duques Cc: eberman@tropicalproducts.net; michael.j.derosa@verizon.net Subject: RE: 220 Highland Avenue Follow Up Flag: Follow up Due By: Tuesday, October 21, 2008 12:00 AM Flag Status: Red Carey, Thank you for the update. Since we cannot get a full certificate of compliance until the end of the second growing season I would respectfully request the the Order of Conditions be extended to cover that time period, since I believe it expires December 9, 2008. 1 believe that Ed Berman, the principal of Tropical Products, spoke to you recently regarding the cleanout of the catch basins, which was done one year ago. He will be getting you a letter explaining that the level of debris that has accumulated in a year does not require another cleanout at this time. Would you kindly confirm that the plantings and other work completed conform with the requirements of the Conservation Commission, with the caveat that full compliance cannot be determined until the end of the second growing season. Thank you for your attention to this matter. Tom Thomas J. Alexander Alexander& Femino 1 School Street Beverly, MA 01915 Phone: 978-921-1990 Fax: 978-921-4553 EMAIL: tja@alexanderfemino.net From: Carey Duques [mailto:CDuques@Salem.com] Sent: Friday, October 17, 2008 11:38 AM To: Thomas Alexander Subject: 220 Highland Avenue Attorney Alexander, Since we are involved in a never ending game of phone tag I thought I'd email you some information regarding the project at 220 Highland Avenue, Tropical Products. As you are aware the Salem Conservation Commission issued an Order of Conditions for this property and approved the replication of 2,650 square feet of wetlands. I've attached the Order of Conditions in case you don't have one. The area has been cleared and plantings have been installed. The Commission cannot issue a full certificate of compliance until the end of the second growing season to ensure that at least 75% of the plants survive (please see the Order of Conditions Attached Item #49). There are no outstanding items, however the property owner is required to inspect and if needed clean out the catch basins on site on an annual basis. The Commission has required that a report be filed with the Commission by December 31 of each year documenting the maintenance activities that took place on site (Conditions#53). Please feel free to contact me with additional questions. 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'm!a y� i 'r iy' +1kN•.` i .�� 4 W i "t�� 1 /. � ,Y +,'.+..� 77 �'f�� /*'� k} � �.�C f � "+V:f.S+r� •\CaW l � �...��M �` � A 4�-�1a"4 04 K� { �t +•.- �. y_.gam♦� Y. � If�"c�6et�n,,,' �= y, �_a a �,= yy// ♦.. y._ _ Yl ' �� Y i , ,� � ♦tea f1 r "as� -t- ' `•� Y e ,a;�. Y y`L + 4�1" hRi �•,r ,•��• Y C}� r,+.. :) r»r•Y*, � :�<•�i..y y �r `t+ l`�' ♦ " Ru` ON Page 1 of 1 Carey Duques From: Ed Berman [eberman@tropicalproducts.net] Sent: Thursday, December 11, 2008 1:27 PM To: Carey Duques Subject: STORM DRAINS Hi Carey, As per my conversation with Clean Basins Co. several months ago, they recommend that our basins be cleaned when the debris level is within six inches from the bottom of the drain pipe. The basins on my property are approximately six feet deep with the overflow pipe at approximately three and a half feet above that. At this time there is less than 1 foot of debris in these basins and does not need to be cleaned out. Clean Basins did remove the debris last year. The receipt was sent to your office. We will monitor our basins and report to you every year and clean these out when full. Contact me with any questions. Happy Holidays to you, Ed Berman Tropical Products Inc. 220 Highland Ave. Salem, Ma. 01970 Phone: (978) 740-5665 Fax: (978) 740-8718 eberman tropical products.net www.trop'icalproducts.net 12/11/2008 _r Carey Duques From: Michael DeRosa [michael.j.derosa@verizon.net] Sent: Saturday, October 18, 2008 8:39 PM To: Thomas Alexander Cc: Carey Duques; eberman@tropicalproducts.net Subject: Re: 220 Highland Avenue Follow Up Flag: Follow up Due By: Tuesday, October 21, 2008 12:00 AM Flag Status: Completed Attachments: michael j_derosa.vcf E1 michael i_derosa.v of(382 B) Carey, The grass and winter rye has come up very well and soils are stable at the site. I would like to remove the silt-fence that is still installed before winter sets in. I am afraid it will get destroyed over the winter and end up as trash in the wetland. Let us know if this is ok. Mike 10 S Thomas Alexander wrote: > Carey, > Thank you for the update. Since we cannot get a full certificate of > compliance until the end of the second growing season I would > respectfully request the the Order of Conditions be extended to cover > that time period, since I believe it expires December 9, 2008. I . > believe that Ed Berman, the principal of Tropical Products, spoke to > you recently regarding the cleanout of the catch basins, which was > done one year ago. He will be getting you a letter explaining that the > level of debris that has accumulated in a year does not require > another cleanout at this time. Would you kindly confirm that the > plantings and other work completed conform with the requirements of > the Conservation Commission, with the caveat that full compliance > cannot be determined until the end of the second growing season. Thank > you for your attention to this matter. > Tom > *Thomas J. Alexander* > Alexander & Femino > 1 School Street > Beverly, MA 01915 > Phone: 978-921-1990 > Fax: 978-921-4553 > EMAIL: tja@alexanderfemino.net > ------______ ____________________ -___ > *From: * Carey Duques [mailto:CDuques@Salem.com] > *Sent: * Friday, October 17, 2008 11:38 AM > *To:* Thomas Alexander > *Subject: * 220 Highland Avenue > Attorney Alexander, 1 `S > Since we are involved in a never ending game of phone tag I thought > I'd email you some information regarding the project at 220 Highland > Avenue, Tropical Products. As you are aware the Salem Conservation > Commission issued an Order of Conditions for this property and > approved the replication of 2, 650 square feet of wetlands. I've > attached the Order of Conditions in case you don't have one. The area > has been cleared and plantings have been installed. The Commission > cannot issue a full certificate of compliance until the end of the > second growing season to ensure that at least 75% of the plants > survive (please see the Order of Conditions Attached Item #49) . > There are no outstanding items, however the property owner is required > to inspect and if needed clean out the catch basins on site on an > annual basis. The Commission has required that a report be filed with > the Commission by December 31 of each year documenting the maintenance > activities that took place on site (Conditions 453) . > Please feel free to contact me with additional questions. > Thanks, > Carey > Carey R. Duques, AICP > Conservation Agent/Staff Planner > > Department of Planning and Community Development > 120 Washington Street > Salem, MA 01970 > (p) 978-619-5685 > (f) 978-740-0404 > cduques@salem.com <mailto:cduques@salem.com> > www.salem.com <http: //www.salem.com> > -------------------------------------------- > No virus found in this incoming message. > Checked by AVG - http: //www.avg.com > Version: 8.0. 173 / Virus Database: 270. 8 .1/1731 - Release Date: > 10/17/2008 7: 01 PM 2 Page 1 of 1 Carey Duques From: Matt Thyng [wildthyngs@comcast.net] Sent: Friday, July 18, 2008 10:19 AM To: Carey Duques Cc: Mike DeRosa; Matt Thyng Subject: American Bottle, Highland Ave --Order of Conditions Hello Carey, I hope all is well. Good to speak with you yesterday. Is there anyway you might be able to email or fax the Salem Conservation Commission Special Conditions (included in the OOC) for the American Bottle Restoration Project on Highland Ave? I will call once I have heard back from my contractor....we're shooting for the middle of next week at this point. Thanks and have a great weekend, Matt Thyng DeRosa Environmental Consulting, Inc. 46 North Main Street Ipswich, MA 01938 Office Phone -(978) 356-5408 Office Fax- (978) 356-4211 Cell Phone -(978) 265-9297 7/18/2008 Civil Engineering Land Surveyi 9 Wetland Science Landscape Architecture 11197 1'�1V u A �T �j 20 December 2007 11 COCK ASSOCIATES Salem Conservation Commission Salem City Hall Annex 120 Washington Street Salem, MA 01970 Re: 220 Highland Avenue DEP file no. 64-379 Dear Commission members; With respect to the proposed mitigation grading and planting, I offer the following for your consideration: The owner of the property, Tropical Products, has had the catch basin cleaned and has provided evidence of that work to the commission. An inspection and report relating to pipe outlet and downstream conditions must wait for the next thaw. An escrow account has been established. The account is in the custody of Attorney Thomas Alexander, who is authorized to make payment for the proposed mitigation work as outlined in the Order of Conditions. Work will be performed under the direction of Tom Keough or other Hancock personnel, with written reports provided during and at the conclusion of activities. A final inspection will be performed at the end of the growing season, to address viability of the plantings and management of invasive species. Mr. Greg Southard of Riverfront Landscape Co. is preparing an estimate to perform the clearing and planting as weather may permit. Removal of trees may be undertaken while the ground is frozen. Installation of siltation barriers, grading and planting, of course, must wait for a warmer season. The work will be coordinated by Hancock personnel under my direction and supervision. Thank you for your patience. Please accept my heartfelt wishes for a joyous holiday season. Sincerely, o Dick PLS for etland Scientist DANVERS,MA MARLBOROUGH, MA LAKEVILLE, MA SALEM, NH 185 Centre street 28 Lord Road,Suite 280 4 Freetown Street P.O. Box 205 Danvers,MA 01923 Marlborough, MA 01752 Lakeville, MA 02347 Salem, NH 03079 Phone:(978)777-3050 Phone: (508)460-1111 Phone: (508) 923-1002 Phone: (603)898-4701 Fax:(978)774-7816 Fax: (508) 460-1121 Fax: �508) 923-0022 Fax: 16031 898-6263 www.hancockassociates.com Civil Engineering Land Surveyin g Wetland Science Landscape Architecture 11197 November 9, 2007 HANCOCK City of Salem ASSOCIATES Conservation Commission 120 Washington Street Salem, MA 01970 RE: 220 Highland Avenue Wetland Replication DEP File# 64-379 Dear Chairman, On behalf of the applicant, American Beverage Corporation,we are hereby requesting a three-year extension to the above stated Order of Conditions. The original Order is set to expire on December 9, 2007. The extension shall allow the applicant to construct and monitor the restoration area as directed by the Commission until a Certificate of Compliance can be issued. Please do not hesitate to contact me if you have any questions. Sincerely, Hancock Associates �C /� Thomas Keough Environmental Division Manager DANVERS,MA MARLBOROUGH, MA LAKEVILLE,MA SALEM, NH 185 Centre Street 28 Lord Road,Suite 280 4 Freetown Street P.O. Box 205 Danvers,MA 01923 Marlborough, MA 01752 Lakeville, MA 02347 Salem, NH 03079 Phone:(978)777-3050 Phone: (508) 460-111I Phone: J5081 923-1002 Phone: f603j 898-4701 Fax:1978)774-7816 Fax: (508) 460-1121 Fax: f508J 923-0022 Fax: 16031 898-6263 www.hancockassociates.com Carey Duques From: John Dick dick@hancockassociates.com] Sent: Thursday, November 08, 2007 10:56 AM To: Carey Duques Subject: American Beverage Corp Received you message and spoke with our Project Manager for this site. The job is closed and paid out; he has asked that the file be sent up from archives, but, speaking from recollection, told me that we put the work out for bid just after the Order was issued and there were no responses. I expect nothing happened after that, but have not yet determined who to contact, never mind actually talking to a client. Please accept this email as my request (on behalf of the original applicant) for an extension of 1 year, on the basis that the work has (as far as I know) not been completed. I£ there is a fee or form associated with the process, please let me know. Once I have a name and number, I will attempt to pick up the loose ends and let you know what the owner/operator wants me to do. 1 s. z CLE^ft O� o CATCH BASIN CLEANING HYDRO EXCAVATION HIGH PRESSURE WATER JETTING D. E OF.SE VICE INVOICE TO THE RESCUE s t t --.I mma.NAME CUUSTOM PHONE JOB PHONE AODRE59 APT# NOTES e CITY / SSTTATpE� ZIP S LP/ M M P. JOa'ADDRESS IF DIFFERENT THAN CUSTOMER ADDRESS STATE ZIP CONTACT-PERSON JOB NAME MAILING'ADDRESS: ACCOUNTING, OFFICE P.O. BOX 366' .N.'BILLERICA MA 01862 800-739.3753 D15SCRIPTION-OF WORK v L'sr:T. v -r r S vf1 fS . r QP 1 5- 'Ic . rri A pip A 3e � v _ o e d, I hereby aelnoriee you to perahm the above doowftd services PARTS aN I aree td pay the arnourn InOrAted to the right'I hereby PARTS Wrdly that I We duly auth&iwd a oredei end appnwe•the work requesttd. Interest 0 1.6 Per mordh td%per annum m past LABOR v due batanaes. . OTHER SIGNATURE TITLE TAX TOTAL TERMS: CASH CHECK# . . CHARGE P.O.# C.C.TYPE AUTH# TOTAL DUE $ "' CARD NO. EXP.DATE: /Gcp '— JOB COMPLETION TIME ON TIME OFF r This is to acknowledge compl 'on of the above describedwork which has been done to my complete satisfaction. I!s! �� o �' Q SS �G�nth/• VEH DATE TOMERTOMER SUTURE'' SERVICEMAN'S NAME Tropical Products Inc. 220 Highland Avenue SalM MA 01970 (978) 740-5665**FAX (978) 740-8718 FAX COVER LETTER DATE: /, � Ai " 07 TO: GA/QEy Q uQVF5 FROM. E jo l�Sk M Aw NUMBER OF PAGES.INCLUDING COVER LETTER: MESSAGE: ` ARXI• S F AMOPMV4 1/Nv*K-F F404 W&4k &.ALE .4T ,o Hlbh Lis &d wro 7H4tik as oil F **lF YOU DO NOT RECEIVE THE CORRECT NUMBER OF PAGES, CALL US AT (978) 740-5665