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64-341 - 65 JEFFERSON AVENUE - CONSERVATION COMMISSION I� �'Ndwd. ,� —tia�a� —� -ar}/ �a�aL f 9 16�-}��.� �0 - 4'i-5�� I1, Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information I I II II III I I I IIIIIII III I III IWhen�filling out 1. This certificate of compliance is issued to: 2006102300400 Bk.26206 Pg,315 forms on the The Olive Realty Trust Robert Dunham Trustee l012312006 13:36:00 OTHER Pg 117 1 computer,use Name --- only the tab key to move 63 1/2 Jefferson Ave your cursor- Mailing Address do not use the Salem MA 01970 return key. Cityfrown - State 'Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Jeffery Brothers Inc Charles Jeffery Name 12/12/02;Amended 10/13/05; Extended until 10/13/06 64-341 Dated ... DEP File Number 3. The project site is located at: 65 Jefferson Avenue Salem Street Address - Cityrrown Map 24 Lot 115 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for. 65 R&C Realty Trust clo Raymond G. Jeffery Jr Property Owner(H different) Essex 26105 347 County Book Page -- Certificate - - - - 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 14 2006 and September 26 2006 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: wpafortn ab.dw•rev.7l13N4 Page 1 of 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64_341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 65 Jefferson Avenue 64-341 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpsfo eb.doo•m.7n9104 Page 4 of 4 CITY OF SALEM CONSERVATION COMMISSION November 1, 2006 Robert Dunham 63 I/2 Jefferson Avenue Salem, MA 01970 Re: Storage of boats at 65 Jefferson Avenue Dear Mr. Dunham: As you are aware, on August 30, 2006 the Commission issued an Enforcement Order in regards to the demolition of the pre-existing building. The Commission requested that you install hay bales along the perimeter of the wetlands, remove the stockpiled dirt located along the banks of the River and file a Notice of Intent with the Commission upon proceeding with development on the site within the Riverfront Area. Upon the completion of this work an Invalid Certificate of Compliance was issued for the outstanding existing Order of Conditions DEP#64-341. On October 24, 2006 it was brought to my attention that boats were being stored at 65 Jefferson Avenue within the Riverfront Area. Following a phone conversation with you on October 26, 20061 learned that the boats are only being stored on the site, no work (such as painting, scraping, changing of fluids, etc) is being completed on the stored boats, and the boats are being stored along the outer Riparian zone. The Salem Conservation Commission discussed the activities occurring on the site during the Commission's meeting on October 26, 2006 and determined that so long as the site is used as you described over the phone, for boat storage only, the Commission is not requiring that you file a Request for Determination of Applicability or a Notice of Intent for these activities. They will be expecting a Notice of Intent upon any development of the site in the future. The _ Commission's goal is to protect_the_Riverfront resource area, of which the majority of this ---- -- - =- site is located. Please continue to be in contact with the Commission about future projects. Should you have any question regarding this matter, please feel free to call me directly at (978) 619-5685. Sincerely, h Care DkIques Conservation Agent/Planner Cc: Massachusetts Department of Environmental Protection 4tKevin ComacchioXhairman Thomas St. Pierre, Building Commissioner 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ho_ air. -4p coy Imo, - f i ` O CITY OF SALEM CONSERVATION COMMISSION October 4, 2006 Robert Dunham 63 '/z Jefferson Avenue Salem, MA 01970 Re: Certificate of Compliance—DEP #64-341-65 Jefferson Avenue, Salem, MA Dear Mr. Dunham: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely, Carey Duques Conservation Agent/ Staff Planner Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-341 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 The Olive Realty Trust, Robert Dunham Trustee computer,use Name only the tab key to move 63 1/2 Jefferson Ave key your cursor- Mailing Address do not use the Salem MA 01970 return key. Cityrrown State Zip Code ufl I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditons issued to: Jeffery Brothers Inc. Charles Jeffery Name 12/12/02; Amended 10113/05; Extended until 10/13/06 64-341 Deted DEP File Number 3. The project site is located at 65 Jefferson Avenue Salem Street Address City/Town Map 24 Lot 115 Assessors Map/Plst Number ParceMot Number the final Order of Condition was recorded at the Registry of Deeds for. 65 R &C Realty Trust, Go Raymond G. Jeffery, Jr. Property Owner(it different) Essex 26105 347 County Book Page Ceruftete 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: September 14 2006 and September 26, 2006 Dale 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: vpdwm eb.dw•m.7113004 Page 1 ar 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 813 — Certificate of Compliance 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cunt.) 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: See Attachment for reason for Invalid Order On going Conditions: #a 46 47 48 51 52 C. Authorization Issued by: Salem September 28, 2006 Conservation Commission Date of Issuance This Certificate must be si ad by a majority of the Conservation Commission and a copy sent to the applicant and ap7 P R inal Offi See Attachment). Signatures: wW=Bb.dcc•gee.7n30e Page 2 of 4 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP C. Authorization (cunt.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 26 Of September 2006 Day Month Year before me,the undersigned Notary Public, personally appeared Kevin Comacchio David Pabich, Michael Blier, and Keith Glidden, Name of Document signer proved to me through satisfactory evidence of identification,which was/were personally known Desciption 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 SalRam Conservation Commission cityCAIREY R.DUOUES Nolpublic OF MyconwkwonBom IS.2013 S—gnaturep,Notary Public Carey R. Duques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above signature of Notary Public .pab eb.doc•m.711304 Pepe3or4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 818 — Certificate of Compliance 64_341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at 66 Jefferson Avenue 64-Ul Project Location DEP File Number Has been recorded at the Registry of Deeds of County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpefd eb.dm•m.7113ie4 Pane40F4 LEIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mall transmittal fonns and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston,MA 02211 DEP Western Region Ade m wean Har pdar Mmme Plead Tynrp 436 Dwight Street � HwKoCk lairfaid � A C�, a WING Suite402 Amherst oadm Hawlry, MmVornay Roca W.w:x Spri Wastroon Phone: 78 -1103 e E ear Hinsdale MorrdW081*eton s�a Wandell Phone:413784-1100 �L„ na%bw � �,A�,a 39,01, vvasdm Fax 413-784-1149 BwnwddM EWema+ Holyoke New Marlborough Shed4M wetu,ancmn Baarord E—V Hubroon New Sewn Shelb - Wan spbVeeM Brord" Florida Lanmbororeh 409 Main sMbWuY wee Shrddondge suddatl Gar Lee Nodmrybn Soummiptm Wmtoy paarsd Goner Lam Norddbtl sma Henry VVbalmen Cheriro Grandy Levered omw SOAWAA VWWanedre Cheaper Grawae Leyden Oat Spr:VfrW VJaammwr ChesWfield Gael BorrvVOon Larpneadow Peers stodmddge - vwwwr ChWcps Gaafold Ludlow Palmer, SurMaaa Wodaglm CmekaWg Medley Middafield Pore Tormea DEP Central Region Alm Cherlton HoPprwn wrary Rudard C+brwge 627 Main Street Anaurlan Carom HUbdarenm Mavae Shirley Warren A Worcester,MA 01608 AM Dudwy Holliston Nordeaapr Waamaa,yr Phone sayston Fa)c5:SOtt-T92-7650 A� Erne eld La NOMBoofwd �eroddela Fax 50&792-7621 Bare Fl�„e Lmllbwer Delman Seattle vhsdad MD:SM767-2788 eeraymen Gffd= Latleton Orrmd stow wewnlmler Bann Gramm LuneMrg Padon Shrbridge Vwrd andOn Badreae Gram Mertoorwo Pepperell Sutton Woroaner 8011hoa Harvard Mayhem Randall Tarpeton swooroudr Hadadt Medway Prdowtm TON srybton Hagen MOKIM Preaeton TyrVebaough Brookfield ilopedaa afford Noveetm Upton DEP southeast Region Abe Darbnerar Freetown Med6pnb@ Prwhaemn r-dry 20 Riverakte Drive AaAhred Dennis Gay HOW! Middedorough Raynhem Truro Lakeville,MA 02347 A Dub" Helder New Bedard Rochester Wean" Phone:5084M&2700 Egtoan Hawwa Nam Mlmaagh Rodaaa Wad Bridgewater Fax:508-947-M7 BOXXVID Eation Harwich Norwell Soloman wasettratuy iDD:508-94&2795 &awaer Edgerowr PQQOW 0e1,9e011 searalt Woman &idpawaa Faeherar Lakeville bream sham YVrerMam &oddm Fag Fiver MaMNto Per brut Soda aee Ya VLOI Carom Fab eoud Marion PlarwWe Stoupeon Chairmen ForborotO McMr-M Phmmeah Sarnia Chanel, Freadn MMlpes Pynpeon Tardon DEP Northe aft Region Arras" clmemadm Maype Marano omeq WaefeM 1 Winter Sheet Andover Reaft Boston,MA 02108 Co ward ktft Revaa walarban Pho Lawrence Rockport WaYland Fax 6 6-556-1 49 ee� o� N�d porMy warMlay Fax 617-5744 �, Dower �, � sa�r, v�r, TDD:817a74b888 seance Dra Ld Lowell Needan Salisbury Wen Newdry Bonin F. Lynn Newbuy Sap- Weston Bodoni Evered LyrreeM Newhayport Sherb= VVealwaud &aurae Fianiglan Metier Newton SornavWa WenvoLm Brookline Georgetown MarMaa-By-ThFSee No Morahan Wahvvwn BuanWAn Glamner Merbieead Nam Andover &dwry Vfpdeeter_ CamdMpa Graraaid Medina Nam RW*V awanpmod VWthRp Cadet HmNbr Medord Norwood Tewkd-Y Woburn Games Have" Meeos Peabody Topeaad wpaamebgoc•DEP Addresses•rev.10406 Pegs 1 of 1 I � 3 CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission Certificate of Compliance—Invalid Order of Conditions DEP FILE#64-341 Jeffery Brothers,Inc.,65 Jefferson Avenue An Invalid Order of Conditions is being issued because the work completed at 65 Jefferson did not comply with the proposed and approved project which was issued an original Order of Conditions on December 12,2002 and an Amended Order of Conditions on October 13,2005. The property changed hands on July 7,2006 and the Order of Conditions was not reviewed or complied with. The building located on the property was demolished in August of 2006. An Enforcement Order was issued on August 30,2006,after the building had been demolished. The Enforcement Order requested that hay bales be installed along the edge of the vegetation located on the southeastern and southern portions of the property that abut a River. It also requested that all equipment currently being used on the site shall be inspected regularly for leaks,any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. Upon completion of the site work(consisting of removing debris from the demolition of the building)the area shall be regarded with stones that are 3/d'-1"in size. The proper erosion control measures were installed,stockpiled material was removed from the Riverfront area and the site was regarded with stone 3/d'-1"in size. Due to the fact the original scope of work was not complied with the existing Order of Conditions is invalid. PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. 51. Emergency spill kits shall be available on site at all times in the event of an accidental oil or gasoline leak and/or breakage that could potentially occur within the parking or loading dock areas. 52. The applicant and/or his successor in perpetuity shall be responsible for the cleaning, maintenance and upkeep of the drainage swale.In addition,the adjacent bordering vegetated wetland shall be routinely cleaned of any debris or trash accumulation. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM k�7 i � �sw ;�, 1� _ .sue r r•s. ..�- '�--` ,3.��`�""'. . _. j ' b View of site at 65 3eMmon Avenue after the building was demolMled. t' Y r : .�_.. ..� (��.,fix_� Sr • r . r View of site looldnq am*. After an Enforcenment �y ti Order was issued on August 30,2006 s� Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: _ When filling out 1. This request is being made by: forms on the The Olive Realty Trust Robert Dunham Trustee computer, use Name only the tab key to move 63-1/2 Jefferson Ave your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 978-744-5050 1 9 Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Jeffery Brothers Inc. Charles Jeffery Applicant 12/12/02 AMENDED 10/13/05 64-341 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 65 Jefferson Ave an Order of Salem Conditions, the Street Address City/Town property owner MAP 24 LOT 115 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing never recorded authority stating property Owner(if different) that the work or portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that (check one): ❑ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ® the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. ,vpaform8a.doc••rev.7/13104 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance ( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ® No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/deo/about/region/findvour htm). wpaform8a.doc••rev.7113104 Page 2 of 2 9i5i2006 RECEIVE® City of Salem SEP 0 7 2006 City Hall Annex DEPT. OF PLANNING& 120 Washington Street COMMUNITY DEVELOPMENT Salem, MA 01970 Attn: Salem Conservation Commissioners Dear Salem Conservation Commissioners, On July 7a' of this year I purchased the property located at 65 Jefferson Ave in Salem from Charles and Ray Jeffery. Upon inspection of the existing building a decision was made to demolish the building. I applied and received a demolition permit after filing all necessary paperwork including a waiver from the Historical Commission. I was never informed of an Order of Conditions with the D.E.P. On July thirteenth I hired and paid a 50% deposit to Hancock Associates to help with consultation and to prepare development options and constraints. Our agreed scope was to be completed in a two or three week time frame. The first phase of their scope was to have an initial consultation. This never happened. As a matter of fact I never received a call or any documentation from Hancock until after the building was demolished, some 6+weeks later. Hancock then informed me of the Order of Conditions they had in place for a Jeffery Brothers addition. I would like to request closure of the existing Order of Conditions. I have no future construction plans at this time. It is now clear that if plans do materialize I shall submit for a new Order of Conditions for that project. Last Wednesday I met onsite with yourself, John Dick of Hancock Associates,Kevin Cornacchio. I believe it was agreed no environmental damage was done during the demolition. We also agreed that I would stake a hay barrier at the rear of the property. This has been done. I intend on installing 1/4' stone over the non paved portion of the property within the next two weeks. Thank you for your understanding in this matter. S cerely, Robert Dunham, Trustee The Olive Realty Trust l 0 CITY OF SALEM CONSERVATION COMMISSION August 30, 2006 Via: Certified Mail#70051820 0000 8795 2374 John Dick 185 Centre Street Danvers, Ma 01923 RE:ENFORCEMENT ORDER—65 JEFFERSON AVENUE,SALEM,MASSACHUSETTS Dear Mr. Dick: Enclosed you will fmd an Enforcement Order for the above referenced property. As the Order states, a completed Notice of Intent (NOI) application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before September 14, 2006. The property owner shall take additional actions, as explained in the Order, which include removal of the stockpiled dirt, installation of the proper erosion control measures, regular inspection of the equipment used at the site, and submission of a letter to the Salem Conservation Commission, by September 14"2006, explaining the status of the project and plans going forward. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerely, Carey Duques U Conservation Agent/Planner enclosures Cc: r Salem Conservation`Commission , Massachusetts Department of Environmental Protection,Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands L11 WPA Form 9A — Enforcement Order 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Salem August 30, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Bob Dunham return key. Name of Violator yf EMIR Drywall Co, 63 1/2 Jefferson Avenue Salem, MA 01970 V m� Address 1. Location of Violation: Property Owner(if different) 65 Jefferson Avenue Street Address Salem 01970 City/rown Zip Code Map 24 Lot 115 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Proceeding with construction work that did not comply with the Amended Order of Conditions issued on October 13, 2005. Upon the sale of the property the Salem Conservation Commission was not notified by the new owner that he acknowledged the outstanding Order of Conditions. Non-approved activities occurred on site including the demolition of a building, stockpiling of materials within a resource area, and a lack of erosion control measures. Attached photo log documents site conditions on August 29, 2006. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. the activity has been/is being conducted in violation of the Order of Conditions issued to: wpaformga.dm•rev.7/14/04 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Charles Jeffery October 13, 2005 Name Dated 64-341 1, 3, 4, 5, 8, 14, 15, 16, 18, 19, 20, File Number 21, 22, 23 B. Findings (cont.) ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before September 14, 2006 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: Remove stockpiled dirt located within the resource area to an area outside of the resource area; install proper erosion control measures along the northeastern portion of the site, inspect the erosion control measures (composed of haybales, silt fences, etc) by Friday September 1, 2006 and replace any haybales or sections of silt fence that fail or need repair; all equipment currently being used on the site shall be inspected regularly for leaks; any leaking hydraulic lines, cylinders or any other components shall be fixed immediately; upon completion of the site work the construction area shall be regraded with stones that are 3/4" - 1" in size. A letter shall be submitted to the Salem Conservation Commission by September 14 2006, explaining the plans for filing a Notice of Intent. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not v aforrrea.dm•rev.7114104 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands 7L WPA Form 9A — Enforcement Order 64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-745-9595 ext 311 Phone Number Monday Tuesday, and Wednesday 8 am-4pm Thursday 8 am-7 pm, and Friday 8 am-12 pm HourstDays Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: 1005 1820 WOO Sf95 Z19 Signature of delivery person or certifred mail number rgaform9e.dw•rer.7114A4 Page 3 of 3 ENFORCEMENT ORDER PHOTO LOG 65 JEFFERSON AVENUE,SALEM,MmsACHUSETTS Au a�rnoin'av ON 8/29/Mevwev WT2Sfqu VAOONAcav,/� N r= r � !r^� °&83'�r °c� � r h 5u t �• ` > sSeQ *2nw'�i,. ye . tfi ^.�' a s;meµ� 3C�k"=�m'sv?"+�.'*�.•.,• '�+ >t .S��i •;�� .� Looking west,view of demolished building located at 65 Jefferson Avenue. The construction work was occurring within a Riverfront Area. i �t. _ a as+ n r aa^ka 3��1 * "yam` �• i' � :,t t �+t it 2 View of demolished building and debris within Riverfront Area,looking northwest Page 1 of 2 R k' View of stockpiled dirt located along the northeastern portion of the property and within the Riverfront Area. Uk ri. a :y Yti' c w v � Vegetation located within the Riverfront Area. Erosion controls measures are to be installed,here,along the northeastern portion of the site. Page 2 of 2 "- Wk KOP CDv�b-� � � — ov� i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form, 7 — Extension Permit for Orders of Conditions 464-341 Massachusetts Atlands 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: 65 Jefferson Avenue #64-341 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex County for: 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 wpafo"7.doc•rev.7114/04 Page 3 of 3 L/ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7-- Extension Permit for Orders of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Important: A. General Information IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII When filling out 1. Applicant: forms on the Jeffery Brothers, Inc. c/o Charles E. Jeffery 2006092200016 W26105 Pg:347 computer, use Name 09122/2006 09:25:00 OTHER P9 112 only the tab - key to move 144 Canal Street your cursor- Mailing Address do not use the Salem MA 01970 return key. Citylrown State Zip Code 2. Property Owner (if different): 65 R & C Realty Trust c/o Raymond G. Jeffery, Jr. Name 144 Canal Street . Mailing Address Salem: MA 01970 City/-rown state Zip Code r B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: December 12, 2002 Date for work at: 65 Jefferson Avenue Map 24 Lot 115 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex 16573 287 County Book Page Certificate(if registered land) is hereby extended until: October 13, 2006 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: Conservation Commission wpafom7.dx rev.7/14/O4 Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: -WRA Form 5 — Order of Conditions #64-341 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: 65 Jefferson Avenue #64-341 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: c l&)4 (1- -- C�) �/ g Book —I IPage In accordance with the Order of Conditions issued on: �?-aa -vim 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.3/1/05 Page 9 of i3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 I� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 IIIIIII IIIII IIIIIIIII IIIIIIIIIIIII IIIII A. General Information Important: SALEM 2006092200017 B06105 Pg;34 From: 09/22/2006 09:25:00 OTHER lea 1, - When filling 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. ❑ Order of Conditions b. ® Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Charles Jeffery Jeffery Brothers, Inc. use the return a. First Name b.Last Name c.Company key. 114 Canal Street d. Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Raymond G. Jeffery, Jr. 65 R &C Realty Trust a. First Name - b.Last Name c.Company 144 Canal Street d. Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code 5. Project Location: 65 Jefferson Avenue Salem a.Street Address b.City/Town MAP 24 LOT 115 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) 16573 287 c.Book d.Page 7. Dates:, October 29, 2002 October 13, 2005 October 13, 2005 a.Date Noticeof Intent Filed b.Date Public Hearing Closed c.Date of Issuance a. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Permit,Site Plan for#65 Jefferson Avenue Jeffery Brothers a. Plan Title Hancock Associates John Gilbert Dick b. Prepared By c.Signed and Stamped by Auqusi 24 2005 V=20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date wpafonn5.dw• rev.311/05 Page 1 of 9 Ff • CITY OF SALEM CONSERVATION COMMISSION SITE VISIT FARM PROJECT LOCATION. DATE OF SITE VISIT* PROJECT PROPONENT:--hbAid es DEP FILE NUMBER:6 PROPOSED WORK: MATTENOANC RATTENOAN Commission Members Agen Abutters: Applicant/Property Owner/Representative: Request for Determination ElAbbreviated Notice of Resource Area Delineation Notice of Intent OCertificate Of Compliance [I Enforcement/Violation ❑Emergency N lnfbrmay� INLAND RESOURCE AREAS COASTAL RESOURCE AREAS 0Bank EjLand subject to Coastal []Land Under the Ocean Storm Flowage El Bordering Vegetated Weiland 0 Land Subject to Flooding El Designated Port Area OCoastal Beach []Land Under Water Bodies or Waterway El Coastal Dune El Barrier Beach Name: E] Coastal Bank 0 Rocky Intertidal Shore "aRiverfront Area E] Salt Marsh ElLand Under Salt Pond E:1 Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ElBordering Vegetated Weiland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALFM.COM P. ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune Fib ...,,y3+ INTERESTS.PROTEETEQ. w ar zi a� xi vzsr3 . .-VRI9h Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage Prevention Prevention of Pollution Protection of Fisheries Protection of Wildlife Habitat �❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SrFEif!ISDOtrl1MENTA�ION��s�-�a�t�� • ' " ` '"`�""��'"' �"•'=•' '�_ ❑Photos ❑ Site Map ❑ Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, raze species habitat; landmarks; recent or historic .historical disturbances; proximity to other water bodies or drainage areas, adjacent land uses. r t r iti a CITY OF SALEM ' CONSERVATION COMMISSION STIE VISIT FORM PROJECT LOCATION: �r^,' /61� � - DATE OF SITE VISIT 1 PROJECT PROPONENT: � +� Y Yy� DEP FILE NUMBER: (sy— 3qI PROPOSED WORK:I ptatuA wt 0— COC 61AA�Y4 r..m.v..._„.e.. ^m:Y.c q'�4P °'x .t.r""m«•` '`. • x �i?Hr maw .v,;• SIN ATTENDA CE.r Commission Members/Agent: u- Abutters: Applicant/Property Owner/Representative: SITE VISITyPURPOSE_ s rt -�- L � E ,'s�T oT�w , '�� tea,:: ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal ;AREASOF;7URISD.ICTION9 -`' INLAND RESOURCE AREAS COASTAL RESOURCE AREAS Bank ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage ❑Bordering Vegetated WetlandI ❑'Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway it Name: I ❑ Coastal Bank ❑Rocky Intertidal Shore Pf Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ! ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ElWater Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage Prevention Prevention of Pollution ��Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish((( Is this an exempt project:If so,why? Are resource area boundaries delineated correctly? If not,explain. I. `..rn. .Jv:= 'ea SITE VISUZOCUMENTATIONd- I.AlPhotos ❑ Site Map ❑Other: OBSERVATIONS.< :kt; •_� '�s�u�;;.e,��'m� � .�S�m:� $�' Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. & - RECOMMENOATION5q :_. . �l`�e. r� cam ��dt`�<n'--� ,; n�nt.�c.rf E5. �L.• `� CITY OF SALEM CONSERVATION COMMISSION October 17,2005 John Dick Senior Wetland Scientist Hancock Associates 185 Centre Street Danvers,MA 01923 Re: Amended Order of Conditions & Extension Permit for Order of Conditions— DEP#64-341-65 Jefferson Avenue, Salem,MA. Dear Mr. Dick: Enclosed, please find the Amended Order of Conditions and the one (1) year Extension Permit for the above referenced project Following the 10-day appear period and prior to starting any work on site, this document must be recorded at the Essex County Registry of Deeds. Please fill out and return the Recording Information on page 9 of the Order of Conditions and on page 3 of the Extension Permit, which will indicate to the Salem Conservation Commission that these documents has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely r^ ao Planner/ onservation Agent Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 4 WWW.SALEM.COM ' .1 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 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): a. ❑ Order of Conditions b. ® Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor•do not Charles Jeffery Jeffery Brothers, Inc. use the return a. First Name b.Last Name c.Company key. 114 Canal Street d.Mailing Address ad Salami MA 01970 e.City/Town I.Slate g.Zip Code �^ 4. Property Owner(if different from applicant): Raymond G. Jeffery,Jr. 65 R &C Realty Trust a. First Name b. Last Name c.Company 144 Canal Street d.Mailing Address Salem MA 01970 e.city/Town f.State g.Zip Code 5. Project Location: 65 Jefferson Avenue Salem a.Street Address b.City/Town MAP 24 LOT 115 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) 16573 287 c.Book d.Page �. Dates: October 29, 2002 October 13, 2005 October 13, 2005 a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 6. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Permit Site Plan for#65 Jefferson Avenue, Jeffery Brothers a. Plan Title Hancock Associates John Gilbert Dick b. Prepared By c.Signed and Stamped by August 24, 2005 1"=20' d.Final Revision Date e. Scale I.Additional Plan or Document Title g. Date wpaform5.dm• rev.3/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 5 - Order of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 B. Findings t. 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 z. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act.Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ElLand Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpalo.ZAm• rev.3/1/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq It within 100 It c.square feet d.square feet e.square feet f.square feet Sq k between 100-200 It square feet h.square feet i,square feet 9• q q q j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) io. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. El Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 1s. ❑ Coastal Banks a.linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wyafom5doc• rev.311/05 Page 3 of 9 LI) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number #64-341 " naforrr6.000• rev.lrl/05 Page 4 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Atached space for additional conditions, select box to attach a text document wpafon5.dm• ray.3/1/05 Pape 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for P 9 P Y additional conditions, select box to attach a text document ❑ wpaloee5.eoc• rev.3r1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-341 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 October 13, 2005 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: FIVE (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: Notary Acknowledgement Commonwealth of Massachusetts County of ESSEX On this 13th October 2005 Day of Month Year Before me, the undersigned Notary Public, Kevin Cornacchio, Kevin Carr, Kieth Glidden, personally appeared Michael Blier, &Joe Furnari proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of SALEM Conservation Commission City/Town I FRANKTAORMINA a Notary Public Commonwealth of Massachusetts My commission Expires 4Printedame a Public April 27,2012 Notary Public Place notary seal and/or any stamp above My co mission Ex�7(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on X by certified mail, return receipt requested, on Date Date wpafoon5.ea• rev.3/1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: ' WPA Form 5 - Order of Conditions #64-341 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 M P q P p C R 10.03(7) n 3( )within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. vgalorm&do • rev.3/1/05 Page 8 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-341 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: 65 Jefferson Avenue #64-341 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 v aforrn&doc• rev.&1/05 Page 9 of 9 Attachment to Amended Order of Conditions # 64-341 Page Tof 5 SALEM CONSERVATION COMMISSION DEP FILE#64-341 AMENDMENT 65 Jefferson Avenue City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife,it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1—34-13. This Order permits the demolition of approximately 1,300 square feet of an existing building to be converted to pavement located within the outer 100 R of the Riverfront Area,the conversion of approximately 1,800 square feet of pavement to landscaping(800 sq ft within the outer 100 ft Riverfrout Area and 1,000 sq ft in the inner 100 ft of the Riverfront Area),and the installation of a T wide x 2'deep x 200'long Stone Trench located at the rear property line. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1—34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#341,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Amended Order of Conditions #64-341 Page gof J Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The tern"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Permit Site Plan for#65 Jefferson Avenue,Jeffry Brothers (TW) August 24,2005 (Dated) John Gilbert Dick (Signed and Stamped by) City of Salem Conservation Commission (Onllk 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 Attachment to Amended Order of Conditions# 64-341 Page. of 5 change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that helshe is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number #43,#44,and#45 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all finure deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre. construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any 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. Attachment to Amended Order of Conditions# 64-341 Page 4of 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-tern stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands protection Act. This plan shall include at a minimum: Attachment to Amended Order of Conditions# 64-341 Page�9-of 9 (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- "slructures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. PERPETUAL CONDITIONS 43. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 44. Herbicides shall not be applied within 100 feet of the wetland. 45. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 46. Granite curbing shall be installed along the east side of the rear parking lot area. 47. Excavated material shall be removed and disposed of off site,in a legal manor. 48. Emergency spill kits shall be available on site at all times in the event of an accidental oil or gasoline leak and/or breakage that could potentially occur within the parking or loading dock areas. 49. The applicant and/or his successor in perpetuity shall be responsible for the cleaning,maintenance and upkeep of the drainage swale. In addition,the adjacent bordering vegetated wetland shall be routinely cleaned of any debris or trash accumulation. AMENDED CONDITIONS 50. Conditions Number#46 as indicated above, shall be eliminated from this order. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Jeffery Brothers, Inc. Go Charles E. Jeffery VP 65 R &C Realty Trust, Raymond G. Jeffery, Jr., &Tr Pres. Name Name 114 Canal Street 144 Canal Street Mailing Address Mailing Address Salem MA 01970 Salem MA 01970 Citylrown Slate Zip Code City/town State Zip Code 1. Project Location: 65 Jefferson Avenue Salem Street Address City/Town Map 24 Lot 115 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 16573 287 County Book Page NA Certificate(if registered land) 3. Dates: October, 2002 December 12, 2002 December 12, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Title Date "Proposed Building Addition Permit Site Plan", 65 Jefferson Avenue, Salem, MA 10/30/02 Sheet 1 of 3 and "Proposed Building Addition Site Detail", Sheet 2 of 3 10/01/02 5. Final Plans and Documents Signed and Stamped by: James R. Comeau Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Form 5 Pape 2 of 7 Rw.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-341 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. WPA Form 5 Pegg 3 0 7 Rev.07N0 Massachusetts Department of Environmental Protection DEP He Number: Bureau of Resource Protection -Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, WPA Fp 5 Pape 4 of Rey.02= Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands ��I -3�{ WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered aPdA ame time to the appropriate Department of Environmental Protection Regional Office (se pp ) and the property owner(if different from applicant). Signatur Day V Month and Year before me personalty appeared to me known to be the person described in and who executed the foregoing instrument and ack ledged that e/s et ecute the me as his/her free act and deed. Notary Public. My Conruirlission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on Xby certified mail, return receipt requested, on Date Date WPA Fa 5 Papa 5 of Rw.02100 '\ Massachusetts Department of Environmental Protection DEP File"umber. Bureau of Resource Protection - Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Form 6 Rev.02M Pepe 6 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-341 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------I-------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 65 Jefferson Avenue 64-341 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 WPA Farts 5 Page 7 of 7 Rev.02100 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-341 Jeffery Brothers, Inc.,65 Jefferson Avenue 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-341,and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited t P J P Y Y o the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 stat. 816),U.S. Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L. Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number 51 &52 as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referred to in all future deeds to this property.- PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(a)shall be clearly flagged. 20. There shall be_NA_hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project, all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry, stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21A,section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and seeded prior to November I of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project; and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. 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. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. Granite curbing shall be installed along the east side of the site of the rear parking lot area. 50. Excavated material shall be removed and disposed of off site. 51. Emergency spill kits shall be available on site at all times in the event of an accidental oil or gasoline leak and/or breakage that could potentially occur within the parking and loading dock areas. 52. The applicant and/or his successor in perpetuity shall be responsible for the cleaning,maintenance and upkeep of the drainage swale. In addition,the adjacent bordering vegetated wetland shall be routinely cleaned of any debris or trash accumulation. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. 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. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDIT IONS 49. Granite curbing shall be installed along the east side of the rear parking lot area. 50. Excavated material shall be removed and disposed of off site. 51. Emergency spill kits shall be available on site at all times in the event of an accidental oil or gasoline leak and/or breakage that could potentially occur within the parking or loading dock areas. 52. The applicant and/or his successor in perpetuity shall be responsible for the cleaning,maintenance and upkeep of the drainage swale. In addition,the adjacent bordering vegetated wetland shall be routinely cleaned of any debris or trash accumulation. �>r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: W hen filling out 1. Applicant: forms on the Jeffery Brothers, Inc., c/o Charles E. Jeffery computer, use Name only the tab key to move 144 Canal Street ' your cursor- Mailing Address do not use the Salem MA 01970 return nkkey. City/Town State Zip Code .dIM I I 2. Property Owner(if different): 65 R&C Realty Trust, c/o Raymond G. Jeffery,Jr. ® Name 144 Canal Street Mailing Address Salem MA 01970 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 12, 2002 Date for work at: 65 Jefferson Avenue Map 24 Lot 115 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Essex 16573 287 County Book Page 1 Certificate(if registered land) is hereby extended until: October 13, 2006 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: Conservation Commission vryalorm7.dm•rev.7114/04 Page 1 of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions #64-341 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the pplic nt and the appropria DEP Regional Office. Signatures: O Notay Acknowledgement Commonwealth of Massachusetts County of ESSEX On this 13th of October 2005 Day Month Year Before me, the undersigned Notary Public, personally appeared Kevin Cornacchio, Kieth Glidden, Joe Furnari, Kevin Carr, & Michael 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 Conservation Commission City/room 1 f, \ FRANK TAORMINA o,a Notary Public 1�4W COrrifronx9Cslfh Of Massachusetts Sig ture of Notary ublic My Commission Expires April 27,2012 Fifinted Name otNotary Public Place notary seal and/or any stamp above AD, / °?3�' ;V/Z MyC mi�E�(Date) wpafomTdix•rev.7/14/04 Page 2 of 3 `•c ILIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions #64-341 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: 65 Jefferson Avenue #64-341 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex County for: 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 w aloao7.00c•rev.7/14/04 Page 3 of 3 Civil Engineering Land Surveying Environmental Consulting Landscape Architecture 8472 HANCOCK September 7, 2005 ASSOCIATES City of Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: Request for Amendment and extension DEP File#64-0341 65 Jefferson Avenue Dear Chairman, On behalf of our client, Jeffrey Brothers, we are hereby requesting an amendment to, and extension of, the above stated Order of Conditions. The following changes are proposed: • A proposed addition to the building will not be constructed. • Part of the existing structure shall be removed. • Additional landscaping is proposed. • Stormwater recharge is proposed by means of a 2 ft. X 2 ft. stoned trench located at the property line. hi accordance with provisions of 310 CMR 10.58 (5),redevelopment of an existing disturbed site may be approved provided the proposed work improves existing conditions. The site currently consists entirely of pavement or building. The proposed changes reduce the amount of impervious surface and include not only landscaped areas, but also stormwater management measures consistent with a historically filled and paved site. The original Order of Conditions addressed a proposed building expansion without any reduction of impervious surfaces. The resent plan p p reduces the existing impervious ervious surface and eliminates the building expansion. General Condition 13 requires that any change to the approved plans be submitted in writing to the Conservation Commission to determine whether the change is significant enough to require the filing of a new Notice of Intent. Hancock Associates is of the opinion that the minor changes, which reduce scope of the project and decrease the amount of impervious surfaces on site, are not significant enough to warrant the filing of a new Notice of Intent. Sincerely, Hancock Associates John G. Dick Senior Wet d Scientist DANVERS OFFICE: MARLBOROUGH OFFICE: 185 Centre Street, Danvers, MA 01923 28 Lord Road, Suite 280, Marlborough, MA 01752 Phone: (978) 777-3050 Fax: (978) 774-7876 Phone: (508) 460-1111 Fax: (508) 460-1121 www.hancockassociates.com .......... . . . . . . . . . . . E E E uo 'E li. ......... . ..... 11 j i UE I I f 2 6 8 a---e s H-MMI.J.3-6 3 1 A I Mm 2 Z��Zzzz,. 0 0000000000 AK . . . . . . . . . . . . . . . E 87 Ee5'Z5 -T-1 X JON" N' ........... ........ la 77 1110 A AL V It AIM38n AV X, WIV �Sl w.Sew .. . .. . . . . . oe 'Em 21H ww OPERATION & MAINTENANCE PLAN PROPOSED REDEVELOPMENT PROJECT 65 JEFFERSON AVENUE SALEM, MASSACHUSETTS Pursuant to Permitting Requirements under Massachusetts Department of Environmental Protection Stormwater Management Policy Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) Hancock Engineering Assoc. 235 Newbury Street Danvers, Massachusetts 01923 October 16, 2002 1. INTRODUCTION The following Operation and Management Plan has been prepared on behalf of Jeffery Bros., 65. Jefferson Ave., Salem MA, to satisfy permitting requirements under the Massachusetts Department of Environmental Protection Stormwater Management Policy. As such, the Plan contains operation and management procedures recommended within the DEP publication: Stormwater Management, Volume Two: Stormwater Technical Handbook, March 1997. 2. STORMWATER MANAGEMENT SYSTEM EVENTUAL OWNER Jeffery Bros. 65 Jefferson Ave. Salem MA 01970 (978) 745-4208 3. PARTY RESPONSIBLE FOR OPERATION AND MAINTENANCE Jeffery Bros. 65 Jefferson Ave. Salem MA 01970 (978) 745-4208 1 4. MAINTENANCE TASKS AND SCHEDULE The following section identifies routine and non-routine maintenance tasks for the proposed stormwater management, along with associated schedules for inspection and maintenance. 4.1 CONSTRUCTION PERIOD All efforts will be made to avoid impacts to nearby wetland areas. During the construction period, the erosion control methods as presented on the site plan will be installed and periodically inspected to check sedimentation, minimize the exposure of areas, and revegetate or stabilize exposed soils as soon as possible. Structural and vegetative methods will be used to minimize erosion and control any sedimentation that may occur. All activities within the plan will adhere to Soil Conservation Service guidelines, as well as the specifications detailed by DEP in the publication Protecting Water Quality in Urban Areas (Minnesota Pollution Control Agency, 1989. Published by: Office of the Massachusetts Secretary of State, Michael Joseph Connolly, Secretary). The following measures will be employed. 4.1.1 General Notes • The construction contractor shall maintain all sedimentation and erosion control structures throughout the project site for the duration of the construction. These devices will be inspected and maintained on a daily basis. • The proposed plan will minimize the exposure of areas during construction in order to minimize the erosion process. In addition, exposed areas will be stabilized and revegetated as soon as possible. No earthmoving activities will take place prior to the establishment of erosion and sedimentation control measures. * Deposited sediment collected by the erosion control measures will be removed periodically, and the condition of the siltation barrier will be maintained until such time that the site has been adequately stabilized with permanent grass cover or pavement. • Areas that will be bare for a period of more than one month, but less than twelve months, will be stabilized by means of appropriate temporary vegetative cover. The cover will be one or a mixture of the following fast- growing grasses: annual ryegrass, sudangrass, millet, winter rye. 0 • Proposed swales and other drainage features on-site will be inspected regularly and cleaned of accumulated sediment, grit, and other debris as needed in order to maximize effectiveness. 4.1.2 Construction Sequencinq and Erosion Control • Erosion control barrier will be installed and functioning at the limits of construction. • The proposed earthwork areas will be cleared. • All slopes greater than 3:1 shall be seeded and mulched and installed within 72 hours of completion. • All swales and ditches with slopes exceeding 5% shall be stabilized with jute netting. • Begin temporary and permanent seeding and mulching. All cut and fill slopes shall be seeded and mulched immediately after construction of these areas. • Proposed curbing to be installed. Existing pavement to be scarified. Apply bituminous concrete wearing surface. • Daily or as required, construct temporary berms, drainage ditches, silt fences, haybales, etc. Mulch and seed as required. • No permanent planting to be placed prior to 1 May nor after 1 September. • All disturbed areas shall be stabilized with fast-growing grass and mulch, and not left bare for more than 30 days nor over the winter months. • Complete permanent seeding and landscaping. • All swales shall be properly stabilized before directing flow to them. • After site is sufficiently stabilized by vegetation or pavement, remove temporary control measures and accomplish final clean- up. 4.2 POST-CONSTRUCTION AND LONGTERM MAINTENANCE 4.2.1 Stormwater Management System Swales and ditches • In order to maintain the integrity of the vegetative cover of the swales, it will be inspected on a once monthly basis until adequately established. After cover is established, it will be inspected twice yearly. In order to maintain an adequate cover, the swale will be reseeded or otherwise repaired as needed. • The vegetative cover will be mowed and watered at least twice yearly. • Accumulated sediment and other debris will be manually removed on an annual basis in the spring of each year. • In order to protect the swales, snow disposal and off-street parking will be prevented inside the swale by installing a fence barrier. This barrier will be maintained and inspected on an annual basis. 4.2.2 Pavement Areas • Pavement areas (parking lots and driveways) will be routinely swept twice monthly. Sweepings will be disposed off-site in accordance with DEP policy and regulation. • Paved areas will be inspected for damage and debris on a once yearly basis each spring. Repaving as needed will repair damage to pavement. 4.2.3 Lawn Maintenance • Managed lawn areas will continue to be maintained on a minimal basis with fertilizers and watering. • In currently grassed areas that must be revegetated as a result of the proposed work, they are proposed to be minimally fertilized and watered when reseeded with grass species to allow rapid cover and soil stabilization. Regular fertilization of these areas is not proposed after grass cover is reestablished. • In order to maintain the vegetative stabilization, lawn in these areas will be inspected annually each spring and reseeded as needed. n 4.2.4 Snow and Ice Removal • No sodium chloride de-icing chemicals will be used on paved surfaces draining to the underground recharge system. • Calcium chloride will be used as a de-icing chemical where needed for public safety. This material will be stored internally. • Snow disposal will be prohibited within wetland resource areas and within the water quality swales. aB � V E NOTICE OF INTENT FOR 65JEFFERSON AVENUE SALEM,MA APPLICANT: Jeffery Brothers, Inc. Go Charles E. Jeffery, V.P. & TR. 144 Canal Street Salem, MA OWNER: 65 R & C Realty Trust Raymond G. Jeffery, Jr., Pres. 144 Canal Street Salem, MA DATE: October 2002 H.S.A. NO. 8472 HANCOCK ENVIRONMENTAL CONSULTANTS 235 NEWBURY STREET— ROUTE 1 DANVERS, MA 01923 (978) 777 —3050 FAX (978) 7744205 DIVISION OF HANCOCK SURVEY ASSOCIATES,INC. TABLE OF CONTENTS PAGES NOTICE OF INTENT 1-7 FEE TRANSMITTAL FORM 8-10 PROJECT NARRATIVE 11-12 STORMWATER MANAGEMENT FORM 13-17 ATTACHMENTS: ■ LOCUS MAP ■ ABUTTERS NOTIFICATION ■ ABUTTER LIST ■ PERMIT SITE PLAN Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Salem Town A. General Information 1. Applicant: Jeffery Brothers, Inc. c!o Charles E. Jeffery V.P. &TR. Name E-Mail Address 144 Canal Street Mailing Address Salem MA 01970 Cityrrown State Zip Code 978-745-4208 978-825-1711 Phone Number Fax Number(if applicable) 2. Representative (if any): Hancock Environmental Consultants Firm John G. Dick 'dick hancockassociates.com Contact Name E-Mail Address 235 Newbury Street . Mailing Address Danvers MA 01923 Cdyfrown State Zip Code 978-777-3050 978-774-4205 Phone Number Fax Number(if applicable) 3. Property Owner(if different from applicant): 65 R&C Realty Trust, Raymond G. Jeffery Jr. Pres. Name 144 Canal Street Mailing Address Salem MA 01970 City/Town State Zip Code 4. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: 65 Jefferson Avenue Salem Street Address City/Town Map 24 Lot 115 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex South 16573 287 County Book Page Cedificate(if Registered Land) Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Providedby DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? Approximately 12,000 square feet Square Feet (] No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, priorto restoration and mitigation): Resource Area Size of Impact(e.g., sq.ft.) . Riverfront Area Approximately 18,000 square feet B. Project Description 1. General Project Description: Proposed redevelopment of previously disturbed resource areas consisting of an addition to an existing two-story commercial building and upgraded stormwater management system 2. Plan and/or Map References: Site Plan 8/29/2002 Title Date Title Date Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation t. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) . Square Feet replaced Volume of Flood storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: N/A Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: N/A N/A Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: N/A N/A Square Feet altered Square Feet altered - Coastal Bank: Designated Port Area: N/A N/A Linear Feet altered Square Feet altered Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: N/A N/A Linear Feet altered Square Feet altered t Land Subject to Coastal Storm Flowage: Beach: N/A WA Square Feet altered Square Feet altered Land Under Ocean: N/A Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): Mill Pond b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ® 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: Mean High Tide elevation 4.5 feet. d. Distance of proposed activity closest to the Mean Annual High-Water line: 0 feet(for slope maintenance and water quality swale) Feet e. Total area of Riverfront Area on the site of the proposed project: Approximately 92,000 square feet Square Feet f. Proposed alteration of the Riverfront Area: Approximately 18,000 sf Approximately 12,000 sf Approximately 6,000 sf Total Square Feet Square Feet within 1DD ft. Square Feet between 100 ft.and 200 ft. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ® Other Methods for Determining the BVW boundary (attach documentation): ® 50% or more wetland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ® Direct observation ® Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. 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? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive No Westborough, MA 01581 ® Salem Atlas Sheet, 2000-2001 Edition Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ACEC ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes ® No Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: Limited Project E No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: Exemption E No 3 a. Is the project located in the Riverfront Area? E Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ No ❑ Residential Subdivision E Commercial Development ❑ Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? E Yes ❑ No 4, a. Describe 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.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stor mwater Policy? ❑ Yes If yes, explain why the project is exempts ® No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town E. Additional Information Applicants must include the following with this Notice of Intent(NOI): • LISGS 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. • Plans identifying the location of proposed activities (including activi ies proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. 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 (n addition to pages 1 and 2 of Appendix B)to confirm fee payment: 3�� ► o�ZTI o'G Check Number - Check date J c—f----2 f32v s. i dl-J C- '=_[hwL_C—s � �c�rfo►2SC Payor name on check ` Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. Signature of Appl ;9 Date` 0 $re Date 3G aCcZ_re of Repre ntative(if any) Date Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Applicant Information 1. Applicant: Jeffery Brothers, Inc. c(o Charles E.Jeffery V.P. &TR. Name 144 Canal Street Mailing Address Salem MA 01970 Cltyrrown State Zip Code 978-745-4208 Phone Number - 2. Property Owner(if different): 65 R&C Realty Trust clo Raymond G.Jeffery, JR., Pres. Name 144 Canal Street Mailing Address Salem MA 01970 City/town State Zip Code 978-745-4208 Phone Number 3. Project Location: 65 Jefferson Avenue Salem Street Address City/Town B. Fees Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows(check applicable project type): ❑ single family house project X$1.00= (feet of BVVV) - Total fee(not to exceed$100) ❑ all other projects X$1.00= (feet of BVVV) Total fee(not to exceed$1,000) State share of filling fee: (1/2 of total fee less$12.50) Cityrrown share of filling fee: (1/2 of total fee plus$12.50) Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent(Form 4) or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1iType of Activity: Describe each type of activity (see Section D for a list of activities)that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 311ndividual Activity Fee: Identify each activity fee from the six project categories in Section D. 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. Step 1/Type of Activity Step 2/Number Step 3/1ndividual Step 4/Subtotal of Activities Activity Fee Activity Fee 2j.Addition to existing commercial building 1 $250 $250.00 Step 5/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (Total fee from Step 5) State share of filing fee:$112.50 02 total fee less$12.50) City/Town share of filling fee:$137.50 (12 total fee plus$12.50) - - DANVERS SAVINGS BANK 3790 DANVERS, MASSACHUSETTS JEFFERY BROTHERS, INC. € d 144 CANAL STREET 53-7116/2113 10/29/2002 SALEM, MA 01970 - s w, . PAY TO THE SALEM,CITY OF sx 137.50 ORDER OF- One Hundred Thirty-Seven and 50/IOOssxssxsssrsxxssrr•xxssssrsrrxsss•rxssxxss••rs«xsssrrrsxxxsss•r«rssxs•srxxxxxs - DOLLARS SALEM,CfrY OF / J , MEMO Filing Fee plus Local portion of wetland filing fee 11500379011' 1: 2113711621: 35 904572110 DANVERS SAVINGS BANK 3791 DANVERS, MASSACHUSETTS JEFFERY BROTHERS,INC. 144 CANAL STREET - 53-7116/2113 10/29/2002 SALEM, MA 01970 s 5� 4 d l� Q�:.• j y "�_ PAY TO THE, ' COMMONWEALTH OF MASS. sr 112.50 ,ORDER OF,--- - One Hundred Twelve and 50/100ssrssxsxxxss•sssrsrxsx•xssssrxsrrsssssss•••ssxss«sssr•srrsrxssxx••••rrs•rsxsxsss++ DOLLARS 1 r MEMO State portion of the wetland filing fee us00379111' 1: 211371111.621: 35 904572113 8472 PROJECT NARRATIVE Project Activities The applicant is hereby submitting a Notice of Intent to the Salem Conservation Commission under both the Massachusetts Wetlands Protection Act and the Salem Wetlands Protection Bylaw. Proposed work consists of the construction of an addition of approximately 7,400 square feet to an existing 2-story commercial building. The Work will be conducted within the previously developed Riverfront Area, Bordering Land Subject to Flooding, and buffer zone to an off-site Bordering Vegetated Wetland. Wetland Resource Areas Bordering Vegetated Wetland(BM A Bordering Vegetated Wetland resource area exists off-site, to the east of the project site, adjacent to Mill Pond. Hancock Environmental Consultants delineated the wetland on July 9, 2002. The wetland is characterized as a Phragmites marsh, bordered by a disturbed fill slope. No work will be performed within the BVW. Riverfront Area A 200-foot Riverfront Area extends from the banks of Mill Pond, located off-site to the east of the subject property. The location of the Mean Annual High-Water line is based on the Mean High-Tide elevation of 4.5 feet. Approximately 18,000 square feet of Riverfront Area will be disturbed for the construction of the proposed addition and stormwater management system. The proposed work is considered"redevelopment within previously developed Riverfront Areas", as the work involves the expansion of an existing structure within a previously developed Riverfront Area, containing impervious surfaces (pavement) prior to August 7, 1996. The project, as designed, will have no significant adverse impact to the interests of the Wetlands Protection Act. In conformance with the criteria set forth under 310 CMR 10.58 (5), the work will result in an improvement over existing conditions. The proposed addition will increase the "clean" roof surface area on the site, thus improving the quality of run-off exiting the site. The work also includes Riverfront restoration, including the removal of deleterious material (eg. broken glass, tires, and appliances) from within the 100-foot Riverfront Area and its replacement by clean fill. In addition, a water quality swale will be constructed in this area, adjacent to the property line. Planting of native species within the water quality swales will replace existing invasive species (including norway maple, phragmites, morrow honeysuckle, and oriental bittersweet). Notice of Intent 1 65 Jefferson Avenue Salem,MA Buffer Zone The project site contains a 100-foot buffer zone associated with an off-site Bordering Vegetated Wetland. The 100-foot discretionary buffer zone is not itself considered a resource area under the Massachusetts Wetlands Protection Act (310 CMR 10.00). Approximately 12,000 square feet of buffer zone will be altered for the construction of the addition and associated stormwater management system. Measures to Protect Wetland Resource Areas As proposed, effective construction-related erosion and sediment controls will be implemented such that adverse impacts to resources areas will be minimized and the Interests of the Wetlands Protection Act upheld. All efforts will be made to avoid impacts to resource areas on-site and adjacent to the proposed project. The project, as proposed, is designed to protect the interests of the Wetlands Protection Act as defined by 310 CMR 10.01 (2). Limit of Work In order to protect the wetland resource areas, the boundaries of work zone will be staked and flagged conspicuously. Prior to construction, an erosion control barrier consisting of silt fencing will be erected at the limit of work in the Buffer Zone. Following grading and seeding of the water quality swales, mulch and a second silt fence will control erosion until vegetative cover is established. Sedimentation and Erosion Control Control of erosion and the resulting sedimentation will be achieved through the use of structural and vegetative methods. Along the top and bottom of the existing slope, an erosion control barrier of silt fencing will be installed. Deposited sediment collected by the erosion control measures will be removed periodically. The proposed plan will minimize the exposure of areas during construction in order to minimize the erosion process. In addition, all disturbed areas shall be stabilized following construction. Adequate slope stabilization for the water quality swales will be achieved through the following sedimentation and erosion control measures: 1.) Six inches of composted loam 2.) New England Wetland Plants, Inc.,New England Upland Seed Mix 3.) Three inches of straw Notice oflntent 2 65 Jefferson Avenue Salem,MA NEW ENGLAND WETLAND PLANTS, INC. New England Roadside Matrix Upland Seed Mix SPECIES GRASSES Creeping Red Fescue (Festuca rubra), Switchgrass (panicum virgatum), Deertongue(Panicum clandestinum),Little Bluestem(Schizachyrium scopartus),Indiangrass(Sorghastrum putans),Big Bluestem(Andropogon gerardii). WILDFLOWERS Partridge Pea(Chamaecrista fasciculata), Wild Blue Lupine (Lupmus perennis), Silky Smooth Aster(Aster laevis), Butterfly Milkweed (Asclepias tuberosa), Round-headed Bush Clover (Lespedeza capitata), Grey Goldenrod (SoHdago nernoralis) SHRUBS Gray Dogwood(Corpus racemosa), Staghom Sumac(Rhus typhina),Silky Dogwood(Comus amomum) APPLICATION RATE: 35 LBS/ACRE 1245 sq ft/lb COST: $40.00/LB # Exhibit E Stormwater Management Form This form is intended to ensure that proposed stormwater control designs meet the stormwater management standards described in the Department of Environmental Protection's Stormwater Management Policy(November 1996). The Depart- ment of Environmental Protection(DEP)recommends that applicants submit this form with the Notice of as well as I PP r f supporting documentation and plans, to provide stormwater information for conservation commission review. Ifa particu-lar stormwater management standard cannot be met, information should be provided to demonstrate how adequate water quality 4 4 tY and water quantity protection will be provided b the project. DEP encourages engineers to use this form to certify that the Y P I g gr r fY project meets the stormwater management standards as well as acceptable engineering standards. This form should be completed by checking the appropriate boxes for each standard and by signing and stamping the back of this form. Project Location: 65 Jefferson Ave., Salem, MA ® The proposed project( 'is not(circle one)exempt from one or more of the stormwater management standards. If project is exempt,explain why: Redevelopment Project Stormwater runoff volumes to be treated for water quality are based on the following calculations: (check one that applies)Does not apply, all impervious post-development runoff retained on-site. ❑ 1 inch of runoff x total impervious area of post-development site for critical areas(e.g.Outstanding Resource Waters and shellfish growing areas) ❑ 0.5 inches of runoff x total impervious area of post-development site for other resource areas Standard #1: Untreated stormwater See Permit Site Plan& drain calcs ® The project is designed so that new stormwater conveyances(outfalls/discharges)do not discharge untreated stormwater into,or cause erosion to,wetlands or waters. Standard #2: Post-development peak discharge rates See Permit Site Plan & drain calcs DO Post-development peak discharge rates do not exceed predevelopmcnt rates on the site either at the point of discharge or down,rdient property boundary. Ll N/A:project site contains waters subject to tidal action,so standard is not applicable. Stormwater controls have been designed for the 2-year and 10-year,24-hour storms. ® The project's stormwater design will not increase flooding impacts offshe from the 100-year,24-hour storm. Standard #3: Recharge to groundwater See Permit Site Plan& drain calcs The annual groundwater recharge for the post-construction site approximates annual recharge from existing site conditions. ® Soil types have been identified according to either the U.S. Natural Resources Conservation Service(MRCS)County Soils Survey or onsite soil evaluation. Calculations on stormwater flow are based on a soil hydrologic group of N/A ,and impervious area of 86,660 (square feet). ® The annual groundwater recharge for the post-construction site approximates annual recharge from existing site conditions. Soil types at each planned point of stormwater runoff infiltration Ur-Urban Infiltration Best Management Practices(BMP's)used for this project include: water quality swale Standard #4: 80% TSS removal See Drainage calcs. ❑ The proposed stormwater management stems will remove 80%+of the post-development ment site's average annual load of systems Po P g Total Suspended Solids(TSS). ❑ Infiltration Best Management Practices(BMP's)used for this project include:&water quality swale Page 2 # Standard #5: Higher potential pollutant loads See Permit Site Plan& drain calcs ® The project site does oes no (circle one)contain Land Uses with Higher Potential Pollutant Loads. If site contains such I uses,describe: ❑ If applicable,BMP's selected for controlling stonnwater in these areas are designed to prevent infiltration of untreated stormwater and include: Standard #6: Protection of critical areas See Permit Site Plan& drain calcs ® The project site does/ s n (circle one)contain critical areas with sensitive resources. If site contains critical areas,describe: ❑ If applicable,BMP's selected for stormwater discharges in these areas include: Standard#7: Redeveloppment projects See Permit Site Plan & drain calcs ® The proposed activit3&/is not(circle one)a redevelopment project. Note:Components of redevelopment projects which plan to develop previously undeveloped sites do not fall under the scope of Standard 7. ® If the project is a redevelopment project,the following stormwater management standards have been met: Reduction in post-development stormwater flows for 2, 10 and 100-year,24 hour storm event,overall reduction in post-development T.S.S.and pollutant levels ❑ The standards which have not been met include:Removal of more than 80%T.S.S. The proposed project will reduce the annual pollutant load on the site with new or expanded stormwater controls. Standard#8: Erosion/sediment control See Sheets 1-3 and drainage cales Erosion and sediment controls are incorporated into the project design to prevent erosion,control sediment movement, and stabilize exposed soils.Temporary haybales Standard #9: Operation/maintenance plan See drainage calcs ® An operation and maintenance plan for both construction and postdmelopment stormwater controls has been developed. The plan includes BMP owner(s);parties responsible for operation and maintenance;schedule for inspection and maintenance;routine and non-routine maintenance tasks;and provision for appropriate access and maintenance easements surrounding control(s)and extending to public right-of-way. I attest under the penalties of perjury that I have personally examined and am ZN OF M4 familiar with the information contained in this submittal, including any and all yaks documents, accompanying this certification statement; and that I am fully JAMES R. cm EAU authorized to make this attestation on behalf of the project applicant g c°r VILH No.36056 Q 9 "+ James R. Comeau,P.E. 10/16/2002 (S lure) Print Name Date SMP Standard 4 HANCOCK TSS REMOVAL COMPUTATIONS Jeffery Bros. 65 Jefferson Ave. Salem, MA Hancock Project No. 8472 EPA Recommended Process Train BMP Design TSS Design TSS TSS Remaining TSS Removed No. Type Removal Rate Removal Rate at Discharge at Discharge qI# I%'� d 3i'.a�%F3 3# i';� i.. "I RYA.! €/�4 'Wx�kiivumz3e..a'.»iu'c.us...si��.uvs.a.z3ad^aaa a".La�'�m=wJs.G.�susui �ITL''efa. »ia � s. .�.'u4Y w'a.veS.'§��d'3i s. 1 SS 10% 10% 90% 10% 2 WQS 70% 70% 27% 73°� Kea s'rs;gr'="nLml SS street sweeping WQS water quality swale ATTACHMENTS HAN C O C K 235 Newbury Street Route 1 North Danvers,MA 01923 Environmental Consultants TOPOI map painted onosfd7M ilom"Boe=.1po°and"UndBedtpe 70°5500"W 70"5000"w WOSP 70*5300"W W, t � AA c � v 2 ` �1 `J.: m ' P�ithe� l 1\ 70°Ss00"W 70°3400"w WGS947M5TW'W MN tTN Vz t nit[ 160 m 1000 FFfT 0 SwO 000. PrimedfmmTOPO!®19999Pd Gt rPmdmctkm(m .topomm) Prepared for: Locus Map Jeffery Brothers, Inc. 65 Jefferson Avenue 144 Canal Street Salem, Massachusetts Salem, Massachusetts HEC File No. 8472 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 G 0,c a-z 2002, 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 filed under the Massachusetts Wetlands Protection Act by Jeffery Brothers Inc. with the Salem Conservation Commission on :22C/ D G'� 2002, for property located at 65 Jefferson 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. _ 3a 0C � Jo G. Dick Date # 8472 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 Jeffery Brothers,Inc., c/o Charles E.Jeffery V.P. & TR. 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 an addition to an existing 2-story commercial building. C. The Address of the Lot where the activity is proposed is 65 Jefferson Avenue D. Copies of the Notice of Intent may be examined at Conservation Commission between the hours of See and Below on the following days of the week: For more information,call: 978-745-9595 Check one:This is the applicant representative ❑,or other 0(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 E,or the applicant's representative by calling this telephone number (978)-777-3050 between the hours of 8 AM and 4 PM 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 SEE and BELOW on the following days of the week: Mon—Wed Thurs S 7 Fri 8-1 Check one:This is the applicant ❑,representative 8�t or other (specify): 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:978-661-7600 Southeast Region: 508-946-2700 Western Region: 413-784-1100 i (38m Of 754PY, Pn -alA' � M`, s.v':va 'arcellD Location Owner Co-Owner Mailing Address City State Zip !4-0087-0 110 JEFFERSON AVENUE BOUCHARD REALTY TRUST BOUCHARD ROBERT L TR 145 TEDESCO STREET MARBLEHEAD MA 01945 !4-0088-0 108 JEFFERSON AVENUE SALEM HOSPITAL 81 HIGHLAND AVE SALEM MA 01970 !4-0089-0 62 JEFFERSON AVENUE WINTHROP STREET REALTY TRU RUSCIO IRMA L TR 41 ANDREWS ROAD WAKEFIELD MA 01880 14-0090-0 60 JEFFERSON AVENUE BAILEY JAMES A P O BOX 3062 SALEM MA 01970 !4-0096-0 15 BERTUCCIO AVENUE BLANCHETTE NORMAN J BLANCHETTE MARION E 15 BERTUCCIO AVENUE SALEM MA 01970 14-0114-0 114 JEFFERSON AVENUE NEW ENGLAND POWER CO ATT PROPERTY TAX DEPT 25 RESEARCH AVENUE WESTBOROUGH MA 01581 !4-0115-0 65 JEFFERSON AVENUE 65 R&C REALTY TRUST JEFFERY RAYMOND G JR T 144 CANAL STREET SALEM MA 01970 !4-0116-0 185 JEFFERSON AVENUE NEW ENGLAND POWER CO ATT PROPERTY TAX DEPT 25 RESEARCH AVENUE WESTBOROUGH MA 01581 !4-0210-0 63 JEFFERSON AVENUE HUGH REALTY TRUST KERR HUGH TR 97 CONANT STREET DANVERS MA 01923 !4-0227-0 63 1/2 JEFFERSON AVENUE J N J REALTY TRUST 63 1/2 JEFFERSON AVE SALEM MA 01970 End of Report SUPPLEMENTARY ENGINEERING COMPUTATIONS TO ACCOMPANY A PERMIT SITE PLAN IN SALEM, MA SITE: 65 Jefferson Ave. Salem, MA 01970 OWNER: APPLICANT: Jeffery Brothers Same 65 Jefferson Ave Salem, MA 01970 DATE: October 16, 2002 H.S.A. NO. 8472 OF y' - JAMES R. y�vn o COMEAU TT+ y, TJ CIVIL �+ M t , t ,�; K No.38056 Q 11 �G 11» ENG TEtIN A v 0 . TES n OIVISIOI ©F H6 NCOCK*3U AFS'INC. 3 235 NEWBURY S 4 E ,r VERS, MA 01923 PHONE: (978)777-3050 (978) 774-4205 TABLE OF CONTENTS PAGES INTRODUCTION AND METHODOLOGY 1-2 SUMMARY OF RESULTS 2 Hydrology Summary for 2,10, and 100-year, 24-hr. storms MDEP STORMWATER MANAGEMENT FORM 3 (Includes attachments) Appendix: • EXISTING CONDITIONS COMPUTATIONS • PROPOSED CONDITIONS COMPUTATIONS 1. DESCRIPTION OF EXISTING DRAINAGE FEATURES. The subject parcel is situated on 65 Jefferson Avenue, formerly known as the Titus Furniture site. The existing property currently consists of 2.1 ±acres of previously developed land. Therefore,this effort is categorized as a redevelopment project. The existing parking lot surface slope is approximately 2-3%and slopes toward wetlands situated to the east. Currently, untreated stormwater runoff flows into nearby wetlands overland or via an existing catch basin situated within the footprint of the proposed building addition, with a subsequent 10"drain outlet (no runoff treatment) into the nearby wetlands. The primary hydrologic soil group in this area consists of Urban land. 2. DESCRIPTION OF PROPOSED DRAINAGE FEATURES. The proposed rear parking lot grading will direct stormwater runoff towards a water quality Swale located to the east of the subject parcel. This water quality swale should provide some degree of stormwater treatment. Due to elimination of existing impervious surfaces and the introduction of perimeter site landscaping,there should be a reduction in post-development peak flows as compared to pre-development peak flows. Groundwater elevations are approximately elevation 7, based on soil boring results. Due to the presence of shallow depth groundwater, as well as compacted clay soils on site, groundwater recharge for this site is not practical. 3. PEAK STORM DISCHARGE SUMMARY. The purpose of stormwater modeling is to determine how effectively a proposed drainage system will be able to reduce or hold constant the amount of stormwater runoff leaving a developed site. To achieve this goal, the HydroCAD 3.2 Stormwater Modeling System was utilized to determine the runoff rates for the 2, 10 and 100-year Type III storm events. The HydroCAD system is based on the U.S.D.A. Soil Conservation Services Technical Release 20, a unit hydrograph procedure. The addition of impervious area potentially generates a greater amount of stormwater runoff. In this case, the elimination of existing impervious surfaces for the introduction of perimeter site landscaping should yield a net reduction in post-development peak flows as compared to pre-development peak flows. In addition, a portion of the parking lot perimeter will have curbing to accommodate gutter flows. This rerouting of the existing flow pattern should effectively increase the time of concentration, thus spreading out over time the various peak flows discharging off site. The following table is a summary of the peak flows generated by the 2, 10 and 100-year storm events for both pre and post development flows. 24 hour rainfall frequencies utilized for this report are the result of Cornell University Technical Publication No. RR 93-5 dated 9/93. Refer to the pre and post development drainage plans to be included in this report for the location and extent of the subcatcbments (SC) listed in the table. Based on the results below, no changes in upstream and downstream flooding are anticipated. Although the table depicts a decrease in rate for pre-development to post-development conditions, we feel the total volume of water supplied to the existing drainage system and wetland resource areas will not be decreased appreciably. We do not anticipate any negative impacts on downstream wetlands and vegetation. The design of the systems in accordance with the DEP Guidelines lead to the rate decrease shown due to the multiple BMP concept and its effect on those rates. STORMWATER MANAGEMENT SYSTEM (TOTAL SITE) STORM EVENT 2 Year Storm 10 Year Storm 100 Year Storm (c.Ls.) (c.fs.) (c.Ls.) Pre-Development 7.2 10.0 17.5 Peak Flow; SC 1 Post Development 5.8 8.2 14.5 Peak Flow, Reach 1 Total Increase/Decrease -1.4 -1.8 -3.0 - # Exhibit E Stormwater Management Form This farm is intended to ensure that proposed Stormwater control designs meet the stormwater management standards described in the Department ofEndronmental Protection's Stormwater Management Policy(November 1996). The Depart- ment of Environmental Protection (DEP)recommends that applicants submit this form with the Notice oflntent, as well as supporting documentation andplans, to provide stormwater information for conservation commission review. If aparticu-lar stormwater management standard cannot be met, information should be provided to demonstrate how adequate water quality and water quantity protection will be provided by the project. DEP encourages engineers to use this form to cerh fy that the project meets the Stormwater management standards as well as acceptable engineering standards. This form should be completed by checking the appropriate boxes for each standard and by signing and stamping the back of this form. Project Location: 65 Jefferson Ave., Salem,MA ® The proposed project is 'is not(circle one)exempt from one or more of the Stormwater management standards. If project is exempt,explain why: Redevelopment Project Stormwater runoff volumes to be treated for water quality are based on the following calculations: (check one that applies)Does not apply, all impervious post-development runoff retained on-site. ❑ 1 inch of runoff x total impervious area of post-development site for critical areas(e.g.Outstanding Resource . Waters and shellfish growing areas) ❑ 0.5 inches of runoff x total impervious area of post-development site for other resource areas Standard#1: Untreated stormwater See Permit Site Plan& drain calcs ® The project is designed so that new stormwater conveyances(outfalls/discharges)do not discharge untreated stormwater into,or cause erosion to,wetlands or waters. Standard #2: Post-development peak discharge rates See Permit Site Plan & drain calcs Post-development peak discharge rates do not exceed pre-development rates on the site either at the point of discharge or down gadient property boundary. ❑ N/A:project site contains waters subject to tidal action,so standard is not applicable. Stormwater controls have been designed for the 2-year and 10-year,24-hour storms. ® The project's stormwater design will not increase flooding impacts offsite from the 100-year,24-hour storm. Standard #3: Recharge to groundwater See Permit Site Plan& drain calcs The annual groundwater recharge for the post-construction site approximates annual recharge from existing site conditions. ® Soil types have been identified according to either the U.S.Natural Resources Conservation Service(NRCS)County Soils Survey or onsite soil evaluation. Calculations on stormwater flow are based on a soil hydrologic group of N/A ,and impervious area of 86,660 (square fat). ® The annual groundwater recharge for the post-constmction site approximates annual recharge from existing site conditions. Soil types at each planned point of stormwater runoff infiltration Ur-Urban Infiltration Best Management Practices(BMP's)used for this project include: water quality swale Standard #4: 80% TSS removal See Drainage calcs. ❑ The proposed stormwater management systems will remove 80%+of the post-development site's average annual load of Total Suspended Solids(TSS). ❑ Infiltration Best Management Practices(BMP's)used for this project include: &water quality swale Page 2 # Standard #5: Higher potential pollutant loads See Permit Site Plan& drain calcs ® The project site does oes no (circle one)contain Land Uses with Higher Potential Pollutant Loads. If site contains such Ian uses,describe: ❑ If applicable,BN IP's selected for controlling stormwater in these areas are designed to prevent infiltration of untreated stormwater and include: Standard#6: Protection of critical areas See Permit Site Plan& drain calcs ® The project site does/ s n (circle one)contain critical areas with sensitive resources. If site contains critical areas,describe: ❑ If applicable,BNIP's selected for stormwater discharges in these areas include: Standard#7: Redevelo went projects See Permit Site Plan & drain calcs ® The proposed activity/is not(circle one)a redevelopment project. Note:Components of redevelopment projects which plan to develop previously undeveloped sties do not fall under the scope of Standard 7. ® If the project is a redevelopment project,the following stormwater management standards have been met: Reduction in post-development stormwater flows for 2, 10 and 100-year,24 hour storm event,overall reduction in post-development T.S.S.and pollutant levels ❑ The standards which have not been met include:Removal of more than 80%T.S.S. N The proposed project will reduce the annual pollutant load on the site with new or expanded stomrwater controls. Standard#8: Erosion/sediment control See Sheets 1-3 and drainage talcs DO Erosion and sediment controls are incorporated into the project design to prevent erosion,control sediment movement, and stabilize exposed soils.Temporary haybales Standard #9: Operation/maintenance plan See drainage talcs ® An operation and maintenance plan for both construction and post-development stormwater controls has been developed. The plan includes B110 owner(s);parties responsible for operation and maintenance;schedule for inspection and maintenance;routine and non-routine maintenance tasks;and provision for appropriate access and maintenance easements surrounding control(s)and extending to public right-of-way. I attest under the penalties of perjury that I have personally examined and am tH of Sys familiar with the information contained in this submittal, including any and all documents, accompanying this certification statement; and that I am fully JAMEs R. g COMEAU authorized to make this attestation on behalf of the project applicant g civil y No.3aoss .09 q G James R. Comeau, P.E. 10/16/2002 Print Name Date (S re) SMP Standard 4 HANCOCK TSS REMOVAL COMPUTATIONS Jeffery Bros. 65 Jefferson Ave. Salem, MA Hancock Project No. 8472 EPA Recommended Process Train BMP Design TSS Design TSS TSS Remaining TSS Removed No. Type Removal Rate Removal Rate at Discharge at Discharge SS 10% 10% 90% 10% 2 WQS 70% 70% 27% Key EMIF E SS street sweeping WQS water quality swale OPERATION & MAINTENANCE PLAN PROPOSED REDEVELOPMENT PROJECT 65 JEFFERSON AVENUE SALEM, MASSACHUSETTS Pursuant to Permitting Requirements under Massachusetts Department of Environmental Protection Stormwater Management Policy Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) Hancock Engineering Assoc. 235 Newbury Street Danvers, Massachusetts 01923 October 16, 2002 J 1. INTRODUCTION The following Operation and Management Plan has been prepared on behalf of Jeffery Bros., 65 Jefferson Ave., Salem MA, to satisfy permitting requirements under the Massachusetts Department of Environmental Protection Stormwater Management Policy. As such, the Plan contains operation and management procedures recommended within the DEP publication: Stormwater Management, Volume Two: Stormwater Technical Handbook, March 1997. 2. STORMWATER MANAGEMENT SYSTEM EVENTUAL OWNER Jeffery Bros. 65 Jefferson Ave. Salem MA 01970 (978) 745-4208 3. PARTY RESPONSIBLE FOR OPERATION AND MAINTENANCE Jeffery Bros. 65 Jefferson Ave. Salem MA 01970 (978) 745-4208 1 4. MAINTENANCE TASKS AND SCHEDULE The following section identifies routine and non-routine maintenance tasks for the proposed stormwater management, along with associated schedules for inspection and maintenance. 4.1 CONSTRUCTION PERIOD All efforts will be made to avoid impacts to nearby wetland areas. During the construction period, the erosion control methods as presented on the site plan will be installed and periodically inspected to check sedimentation, minimize the exposure of areas, and revegetate or stabilize exposed soils as soon as possible. Structural and vegetative methods will be used to minimize erosion and control any sedimentation that may occur. All activities within the plan will adhere to Soil Conservation Service guidelines, as well as the specifications detailed by DEP in the publication Protecting Water Quali in Urban Areas (Minnesota Pollution Control Agency, 1989. Published by: Office of the Massachusetts Secretary of State, Michael Joseph Connolly, Secretary). The following measures will be employed. 4.1.1 General Notes • The construction contractor shall maintain all sedimentation and erosion control structures throughout the project site for the duration of the construction. These devices will be inspected and maintained on a daily basis. • The proposed plan will minimize the exposure of areas during construction in order to minimize the erosion process. In addition, exposed areas will be stabilized and revegetated as soon as possible. No earthmoving activities will take place prior to the establishment of erosion and sedimentation control measures. • Deposited sediment collected by the erosion control measures will be removed periodically, and the condition of the siltation barrier will be maintained until such time that the site has been adequately stabilized with permanent grass cover or pavement. • Areas that will be bare for a period of more than one month, but less than twelve months, will be stabilized by means of appropriate temporary vegetative cover. The cover will be one or a mixture of the following fast- growing grasses: annual ryegrass, sudangrass, millet, winter rye. • Proposed swales and other drainage features on-site will be inspected regularly and cleaned of accumulated sediment, grit, and other debris as needed in order to maximize effectiveness. 4.1.2 Construction Sequencing and Erosion Control • Erosion control barrier will be installed and functioning at the limits of construction. • The proposed earthwork areas will be cleared. • All slopes greater than 3:1 shall be seeded and mulched and installed within 72 hours of completion. • All swales and ditches with slopes exceeding 5% shall be stabilized with jute netting. • Begin temporary and permanent seeding and mulching. All cut and fill slopes shall be seeded and mulched immediately after construction of these areas. • Proposed curbing to be installed. Existing pavement to be scarified. Apply bituminous concrete wearing surface. • Daily or as required, construct temporary berms, drainage ditches, silt fences, haybales, etc. Mulch and seed as required. • No permanent planting to be placed prior to 1 May nor after 1 September. • All disturbed areas shall be stabilized with fast-growing grass and mulch, and not left bare for more than 30 days nor over the winter months. • Complete permanent seeding and landscaping. • All swales shall be properly stabilized before directing flow to them. • After site is sufficiently stabilized by vegetation or pavement, remove temporary control measures and accomplish final clean- up. z 4.2 POST-CONSTRUCTION AND LONGTERM MAINTENANCE 4.2.1 Stormwater Management System a v Swales and ditches • In order to maintain the integrity of the vegetative cover of the swales, it will be inspected on a once monthly basis until adequately established. After cover is established, it will be inspected twice yearly. In order to maintain an adequate cover, the swale will be reseeded or otherwise repaired as needed. • The vegetative cover will be mowed and watered at least twice yearly. • Accumulated sediment and other debris will be manually removed on an annual basis in the spring of each year. • In order to protect the swales, snow disposal and off-street parking will be prevented inside the swale by installing a fence barrier. This barrier will be maintained and inspected on an annual basis. 4.2.2 Pavement Areas • Pavement areas (parking lots and driveways) will be routinely swept twice monthly. Sweepings will be disposed off-site in accordance with DEP policy and regulation. • Paved areas will be inspected for damage and debris on a once yearly basis each spring. Repaving as needed will repair damage to pavement. 4.2.3 Lawn Maintenance • Managed lawn areas will continue to be maintained on a minimal basis with fertilizers and watering. • In currently grassed areas that must be revegetated as a result of the proposed work, they are proposed to be minimally fertilized and watered when reseeded with grass species to allow rapid cover and soil stabilization. Regular fertilization of these areas is not proposed after grass cover is reestablished. • In order to maintain the vegetative stabilization, lawn in these areas will be inspected annually each spring and reseeded as needed. n 4.2.4 Snow and Ice Removal • No sodium chloride de-icing chemicals will be used on paved surfaces draining to the underground recharge system. • Calcium chloride will be used as a de-icing chemical where needed for public safety. This material will be stored internally. • Snow disposal will be prohibited within wetland resource areas and within the water quality swales. F HANCOCK ASSOCIATES JOB Land Surveying-Civil Engineering-Environment Consulting SHEET NO. OF ❑235 Newbury Street ❑626 Main Street Danvers,MA 01923 Bolton,MA 01740 CALCULATED BY DATE (978)777.3050 (978)779-6767 Fax(978)774-7816 Fax(978)779-2228 CHECKED BY DATE SCALE -41 Is r : \ m J. o a . . 0 D O C < n 77 :.. Ri ...... S . N 4. PRE-DEVELOPMENT DRAINAGE. TYPE III 24410UR RAINFALL= 3 .5 IN Prepared by Applied Microcomputer Systems 15 Oct 02 iydroCAD 4 00 000833 (c) 1986-1995 Applied Microcomputer Systems 9ATERSHED ROUTING 0 OSDBCATCHMENT REACH QPOND I LINK TYPE III 24-HOURvRAINFALL= 3 .5 IN 2repared by Applied Microcomputer Systems 15 Oct 02 iydroCAD' 4 . 00 000833 (c) 1986-19 5 Applied Microcomputer Systems r 3UBCATCHMENT 1 SUBCATCBMENT 1 PEAK= 7 .2 CFS @ 12 . 00 HRS, VOLUME= .47 AF ACRES CN SCS TR-20 METHOD 2 . 10 98 PARKING & ROOF TYPE III 24-HOUR RAINFALL= 3 .5 IN SPAN= 10-20 HRS, dt= . 1 HRS Method Comment Tc (min) CR-55 SHEET FLOW Segment ID: 3 . 0 Smooth surfaces n= . 011 L=270 ' P2=2 . 8 in s= . 0176 SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: . 2 ?orest w/Heavy Litter KV=2 . 5 L=18 ' s= .2417 ' / ' V=1 . 23 fps Total Length= 288 ft Total Tc= 3 . 2 t v,a Jcii y "iU6 t= t-L i. TYPE III 24-HOUR RAINFALL= 4 .8 IN ?repared by Applied Microcomputer Systems 15 Oct 02 3vdrOCAD 4 .00 000833 (c) 1986-19 5 Applied Microcomputer Svotems 3UBCATC101ENT 1 SUBCATCHMENT 1 PEAK= 10 . 0 CFS @ 12 . 60 HRS, VOLUME= . 64 AF ACRES CN SCS TR-20 METHOD 2 .10 98 PARKING & ROOF TYPE III 24-HOUR RAINFALL= 4 . 8 IN SPAN= 10-20 HRS, dt= . 1 HRS 4ethod Comment Tc (min) ER-55 SHEET FLOW Segment ID: 3 .0 smooth surfaces n= . 011 L=270 ' P2=2 . 8 in s= . 0176 ;HALLOW CONCENTRATED/UPLAND FLOW Segment ID: .2 ?orest w/Heavy Litter Kv=2 . 5 L=18 ' s= . 2417 ' / ' V=1 . 23 fps ---------- Total Length= 288 ft Total Tc= 3 .2 .. - -1 .. .... TYPE III 24-HOUR RAINFALL= 8.4 IN Prepared by Applied Microcomputer Systems 15 Oct 02 HYd'roCAD 4 00 000833 (c) 1 86-1995 Applied Microcomputer Systems SUBCATCHMENT 1 SUBCATCHMENT 1. PEAK= 17 .5 . CFS @ 12 . 00 HRS, VOLUME= 1 . 13 AF ACRES CN SCS TR-20 METHOD 2 . 10 98 PARKING & ROOF TYPE III 24-HOUR RAINFALL= 8 .4 IN SPAN= 10-20 HRS, dt=. 1 HRS Method Comment T (min) PR-55 SHEET FLOW Segment ID: 3 . 0 Smooth surfaces n= . 011 L=270 ' P2=2 . 8 in s=. 0176 ;HALLOW CONCENTRATED/UPLAND FLOW Segment ID: . 2 ?crest w/Heavy Litter Kv=2 .5 L=18 ' s= .2417 ' / ' V=1 . 23 fps ---------- Total Length= 288 ft Total Tc= 3 .2 S. POST-DEVELOPMENT DRAINAGE. TYPE III 24-HOUR RAINFALL= 3 .5 IN Prepared by Applied Microcomputer Systems 15 Oct 02 3ydtoCAD 4 . 00 000833 (c) 1986-1995 Applied Microcomputer Systems 4ATERSHED ROUTING T O ( )SUBCRTCHMENT ❑ REACH Q PUNU I LINK TYPE III 24-HOUR RAINFALL= 3 .5 IN Prepared by Applied Microcomputer Systems 15 Oct 02 HydYOCAD 4 .00 000833 (c) 1986-1995 Applied Microcomputer Systems SUBCATCHMENT 1 SUBCATCHMENT 1 PEAK= 6 .2 CFS @ 12 .03 HRS, VOLUME= .45 AF ACRES CN SCS TR-20 METHOD 1 .96 98 PROP. PARKING & ROOF TYPE III 24-HOUR .14 61 PROP. LANDSCAPING RAINFALL= 3 .5 IN 2 . 10 96 SPAN= 10-20 HRS, dt= . 1 HRS Method Comment Tc (min) PR-55 SHEET FLOW Segment ID: 3 . 0 Smooth surfaces n= . 011 L=200 ' P2=2 . 8 in s= . 01 SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 3 .2 Paved Kv=20 .3282 L=372 ' s=. 009 ' / ' V=1 . 93 fps Total Length= 572 ft Total Tc= 6 .2 TYPE III 2441OUR RAINFALL= 3 .5 IN Prepared by Applied Microcomputer Systems 15 Oct 02 iyd2!oCAD, 4 00 000833 (c) 1986-1995 Applied Microcomputer Systems 2EACH 1 WATER QUALITY SWALE Qin = 6 .2 CFS @ 12 . 03 HRS, VOLUME= .45 AF Qout= 5 . 8 CFS @ 12 . 07 HRS, VOLUME= .45 AF, ATTEN= 5%, LAG= 2 .3 MIN DEPTH END AREA DISCH (FT) (SO-FT) (CFS) 4 ' x 1 ' CHANNEL STOR-IND+TRANS METHOD 0 . 0 0 . 0 0 .0 SIDE SLOPE= .33 ' / ' PEAK DEPTH= . 39 FT . 1 .4 .5 n= . 033 PEAK VELOCITY= 2 . 9 FPS .2 . 9 1 .8 LENGTH= 150 FT TRAVEL TIME = . 9 MIN .3 1 . 5 3 .6 SLOPE= . 0188 FT/FT SPAN= 10-20 HRS, dt= . 1 HRS .4 2 . 3 6 . 8 . 6 3 . 5 12 . 6 . 8 5 . 1 21 . 7 1 . 0 7 . 0 33 . 5 TYPE III 24-HOUR RAINFALL= 4.8 IN =epared by Applied Microcomputer Systems 15 Oct 02 4dreCAD 4,00 000833 (c) 1986-1995 Applied Microcomputer Systems 7BCATCHMENT 1 SUBCATCHMENT 1 PEAK= 8 . 6 CFS @ 12 . 03 HRS, VOLUME= . 63 AF ACRES CN SCS TR-20 METHOD 1 .96 98 PROP. PARKING & ROOF TYPE III 24-HOUR . 14 61 PROP. LANDSCAPING RAINFALL= 4 . 8 IN 2 . 10 96 SPAN= 10-20 HRS, dt= . 1 HRS thod Comment Tc (min) R-55 SHEET FLOW Segment ID: 3 . 0 nooth surfaces n= . 011 L=200 ' P2=2 . 8 in S= . 01 HALLOW CONCENTRATED/UPLAND FLOW Segment ID: 3 . 2 aved Kv=20 .3282 L=372 ' s= . 009 ' / ' V=1 . 93 fps Total Length= 572 ft Total Tc= 6 .2 TYPE�III j24-HOUR RAINFALL= 4.8 IN repared by Applied Microcomputer Systems 15 Oct 02 vdroCAD 4 . 00 000833 (c) 1986-1995 Applied Microcomputer Systems EACH 1 WATER QUALITY SWALE Qin = 8 . 6 CFS @ 12 . 03 HRS, VOLUME= . 63 AF Qout= 8 . 2 CFS @ 12 . 07 HRS, VOLUME= . 63 AF, ATTEN= 5%, LAG= 2 .2 MIN EPTH END AREA DISCH (FT) (SO-FT) (CFS) 4 ' x 1 ' CHANNEL STOR-IND+TRANS METHOD 0 . 0 0 . 0 0 . 0 SIDE SLOPE= .33 ' / ' PEAK DEPTH= .46 FT . 1 .4 .5 n= . 033 PEAK VELOCITY= 3 . 2 FPS .2 . 9 1 . 8 LENGTH= 150 FT TRAVEL TIME _ . 8 MIN . 3 1 . 5 3 . 6 SLOPE= . 0188 FT/FT SPAN= 10-20 HRS, dt= .1 HRS .4 2 .3 6 . 8 . 6 3 .5 12 . 6 . 8 5 . 1 21 . 7 1 . 0 7 . 0 33 . 5 w..... .. - J -f TYPE III 24-HOUR RAINFALL= 8 .4 IN ,repared by Applied Microcomputer Systems 15 Oct 02 [vdrt)CAD "4 00 000833 (c) 1986-1995 Applied Microcomputer Systems ;UBCATCHMENT 1 SUBCATCHMENT 1 PEAK= 15 .3 CFS @ 12 . 03 HRS, VOLUME= 1 . 12 AF ACRES CN SCS TR-20 METHOD 1 . 96 98 PROP. PARKING & ROOF TYPE III 24-HOUR . 14 61 PROP. LANDSCAPING RAINFALL= 8 .4 IN 2 .10 96 SPAN= 10-20 HRS, dt= .1 HRS tethod Comment Tc (min) 'R-55 SHEET FLOW Segment ID: 3 . 0 smooth surfaces n= .011 L=200 ' P2=2 . 8 in s= . 01 ;HALLOW CONCENTRATED/UPLAND FLOW Segment ID: 3 . 2 laved Kv=20 .3282 L=372 ' s= . 009 ' / ' V=1 . 93 fps Total Length= 572 ft Total Tc= 6 . 2 -M --- TYPE III 24-HOUR RAINFALL= 8.4 IN repared by Applied Microcomputer Systems 15 Oct 02 ydx'oTAD' 4 . 00 000833 (c) 1986-1995 Applied Microcomputer Systems EACH 1 WATER QUALITY SWALE Qin = 15 . 3 CFS @ 12 .03 HRS, VOLUME= 1 . 12 AF Qout= 14 . 5 CFS @ 12 . 06 HRS, VOLUME= 1.12 AF, ATTEN= 5%, LAG= 1 . 9 MIN ,EPTH END AREA DISCH (FT) (SO-FT) (CFS) 4 ' x 1 ' CHANNEL STOR-IND+TRANS METHOD 0 . 0 0 . 0 0 . 0 SIDE SLOPE= .33 ' / ' PEAK DEPTH= . 63 FT . 1 .4 .5 n= . 033 PEAK VELOCITY= 3 . 7 FPS .2 . 9 1. 8 LENGTH= 150 FT TRAVEL TIME _ . 7 MIN . 3 1 .5 3 . 6 SLOPE= . 0188 FT/FT SPAN= 10-20 HRS, dt= .1 HRS .4 2 .3 6 . 8 . 6 3 . 5 12 . 6 . 8 5 . 1 21 . 7 1 . 0 7 .0 33 .5