64-542 - 185 JEFFERSON AVENUE - CONSERVATION COMMISSION i 8 s ��k�-c a-- 1�u-e., �c� —sti1
'�
,FCONOfT�,�
e ' CITY OF SALEM
A,°-- CONSERVATION COMMISSION
October 31, 2012
Eric Palm,Trustee
Den II Realty Trust
61 r Jefferson Avenue
Salem, MA 01970
Re: Certificate of Compliance DEP #64-452— 185 Jefferson Avenue
Dear Mr. Palm:
Enclosed, please find the Certificate of Compliance for the above-referenced property. This
Document must be recorded at the Essex County Registry of Deeds. Please fill out and
return the Recording Information on page 3 of the Certificate of Compliance, which will
indicate to the Salem Conservation Commission that the document has been recorded.
Please note that condition #42 of the Order of Conditions is ongoing:
Two (2) monitoring reports must be submitted to the Conservation
Commission, one in the spring of 2013 and one in the spring of 2014. Each
report much document vegetation and foreign material present in the
restored area. Reports are to be submitted no later than June 20 of each year.
If you have any further questions please feel free to contact me at 978-619-5685.
Sincerely,
C
Conservation Agent/Staff Planner
Enclosure
CC: DEP Northeast Regional Office
Tina Boudreau, New England Power Company
John Dick, Hancock Associates
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-542
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Eric Palm - Den II Realty Trust
only the tab key Name
to move your 61 r Jefferson Avenue
cursor-do not Mailing Address
use the return
key. Salem MA 01970
Cityrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Den II Realty Trust
a Name
September 17, 2012 64-542
Dated DEP File Number
3. The project site is located at:
185 Jefferson Avenue Salem
Street Address city/Town
24 116
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
New England Power Company
Property Owner(if different)
Southern Essex 3813 220
County Book Page
Certifcate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
10/17/2012
Date
wpafrm8b.doc•rev.12/23/09 WPA Form e9,Cemficele of Compliance•Page i of 3
l
A. J
�i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-542
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
Complete Certification: It is hereby certified that the work regulated by the
above-referenced Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work
regulated by the above-referenced Order of Conditions have been satisfactorily
completed.The project areas or work subject to this partial certification that have
been completed and are released from this Order are:
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the
above-referenced Order of Conditions never commenced. The Order of
Conditions has lapsed and is therefore no longer valid. No future work subject to
regulation under the Wetlands Protection Act may commence without filing a new
Notice of Intent and receiving a new Order of Conditions.
Ongoing Conditions: The following conditions of the Order shall continue:
(Include any conditions contained in the Final Order, such as maintenance or
monitoring, that should continue for a longer period).
Condition Numbers: 1
#'l RE
C. Authorization
Issued by:
.,-).a� � p Aa—
Conservation Commission Date dif Issuance
This Certific mus a signed by a majority of the Conservation Commission and a
copy sen o the applic nit and appropriate DEP Regional Office (See
htt ://ww .m ov/ a /about/region/find......
Signatur
wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3
J
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-542
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: — — --- — -- — — - -- --- ----------
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafrm8b.doc-rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 3 of 3
i'
l_
CONDIT/
CITY OF SALEM
CONSERVATION COMMIS
SION
September 17, 2012
Eric Palm
Den II Realty Trust
61r Jefferson Avenue
Salem, MA 01970
Re: Order of Conditions—DEP #64-542
185 Jefferson Avenue
Dear Mr. Palm:
Enclosed, please find the Order of Conditions for the above-referenced project.
Following the 10-business-day appeal period, this document and the attached Special
Conditions must be recorded at the Southern Essex County Registry of Deeds
(Shetland Park, 45 Congress Street, Suite 4100 Salem, MA). Once recorded, please
return a copy of Page 12 of the Order, which will indicate to the Commission that the
document has been recorded.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
Tom Devine
Conservation Agent/ Staff Planner
Enclosure
CC: DEP Northeast Regional Office
New England Power Company
John Dick, Hancock Associates
Attachment to Order of Conditions G Sa
Page I of
SALEM CONSERVATION COMMISSION
DEP FILE #64-542
185 Jefferson Avenue
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (October 1, 2008) from Natural
Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fishcnes and %vildlile. it haz
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor coniains and
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131, Section 40 and the CinV
of Salem Wetlands Protection and Conservation Ordinance, Salem Code Chapter 50.
This order permits, after the fact, restoration of a portion of riverfront area. This order requires that two (?)
monitoring repots be Submitted to the conservation commission, one in the spring of 2013 and one in the sprim of
2014. Each report much document vegetation and foreign material present in the restored area. Reports are to be
submitted no later than June 20 of each year.
SPECIAL CONDITIONS
I. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions)
at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,
after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the
recording information must be submitted to the Salem Conservation Commission before any
work approved ill 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 and Conservation Ordinance, Salem Code Chapter 50.
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 Orilc r,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing on site, a DEP Sign showing DEP File #64-542 must be installed at the
entrance to the site and seen from the public wa
I , but lac i Y placed on a living het.
5. No work approved in this Order may commence until the ten (10) business clay 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 %vith to act on its behalf in administering and enforcing this Order. powers
7. The Commission or its Agent, officers, or employees shall have the right to enter and inspect the pmpety,it
any time for compliance with the conditions ofthis Order, the Wetlands Protection Act tNIGL Chapter I t 1.
Attachment to Order of Conditions 6' 6-1-542
Rwc of
Section 40, the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or
docwnen I
tation that it deems necessary br that evaluation.
S. 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 doctmienis
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transters of title of any portion of the property that takes place
Compliance. prior to issuance of the Ccr at titice of
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permils and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(I) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. S I6), 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 1Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. ('h. ?1 A s;7
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 silo
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:
Film!Approved Plans
Wetlands Nfap
(Title) _
4/12/2012 (annotation)
(Dated)
None
(.Siguerl and Struaped by) ____
City of Salem Conservation Commissio❑
(oaple 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 Proiect Chvi e with the Commission. 'The iV UIICC
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
i
's.
f
Attachment to Order of audit 6-I-5�'�
Pugs 3 of 5
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or tuncnd
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
ent landowner shall submit to the Commission a statement sknied by the
been issued, the applicant or cur
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.
PRIOR TO CONSTRUCTION
17. Prior to the commencement of any activity on this site other than activities listed above, there
trust be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible
for the work, and the Conservation Agent and/or a member of the Conservation Commission to ensw c
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 Agent at
(978) 619-5685 at least forty-eight(48) hours prior to construction to arrange for the pre_
Construction Meeting.
18. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and
erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. "fhe
Commission and/or its Agent shall inspect and approve such installation at the pre-construction
meeting.
19. No clearing of vegetation, including trees, or disturbance of soil shall occur prior to the pre-construc�i,�,i�
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
20. There shall be sufficient erosion controls stored under cover on the site to be used for emergency
erosion control purposes.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of constuction,
and shall be maintained during construction in any we resource area and/or buffer zones. "fhe
erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum
standards for this project; the Commission or its Agent may require additional measures.
22. All debris, till and excavated material shall be stockpiled a location tar 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 stonn event and repaired or
replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed,
24. The area of construction shall remain in a stable condition at the close of each construction clay.
25. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be 1i11c1.cd
through hay bale sediment traps, silt fllter bags or other means approved by the Connnission or it
Administrator.
r
Attachment to Order of Conditions
Pagc 9 of 5
26. Within thirty (30) days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than 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 V)lant
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
28. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at.ill
times when work is in progress.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. All waste products, grubbed stumps, slash; construction materials, etc. shall be deposited at least 100 feel
from wetland resource areas and 200 feet from river.
31. Cement trucks shall not be washed out in any wetland resource or buffer zone area, nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shill be
immediately removed.
32. All exposed sub-soils shall be covered by a m minimum of three(3) inches of quality screened loa topsoil
prior to seeding and final stabilization.
33, Immediately following drainage Stucture installation all inlets shall be protected by silt Fence, haybale
barriers and/or silt bags to filter silt from stonuwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic Tines, cylinders or any othcr
components shall be fixed immediately.
36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including, but not limited
penalties tinder M.G.L Chapter 21A, section 16. ' ted to, civil administnuiv�
AFTER CONSTRUCTION
38. Upon completion of construction and Final soil stabilization, the applicant shall submit the followil to
the Conservation Commission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form (WPA Form SA 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 till.-
Order of Conditions.
(3) An "As-Built" plan signed and sCtmped by a Registered Professional Engineer or Land SUrvcwr
showing post-construction conditions within all areas under thejurisdiction ofthe 1V1a55aChnScIl"
Wetlands Protection Act. This plan shall include at a minimum:
%
Attachment to Order of Condiuons
Page 5 of 5
(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, stnictures and best
management designs, including foundation drains, constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas -
`structures" include, but are not limited to, all buildings, septic system components, wells.
utility lines, fences, retaining walls, and roads/driveways;
(d) A Tine delineating the limit of work-"work" includes any tilling, excavating ancUor
disturbance of soils or vegetation approved under this Order;
39• When issued, the Certificate of Compliance must be recorded at the Southern Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission.
40. If the completed work differs fi-om 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 Certi ticate of
Compliance as described above.
41. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized
their removal.
ADDITIONAL CONDITIONS
42. Two (2) monitoring reports must be submitted to the conservation commission, one in the spring of
20 f3 and one in the spring of 2014. Each report much document vegetation and foreign material prc;cni
in the restored area. Reports are to be submitted no later than June 20 of each year.
Y
4
F
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassDEPFIIeq
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction if
Salem
A. General Information City/Town
Please note` Salem
this form has 1. From:
been modified Conservation Commission
with added 2. This issuance is for
space to accommodate (check one): a.®Order of Conditions b.❑Amended Order of Conditions
the Registry
of Deeds 3. To: Applicant:
Requirements -
Eric Palm
Important: a. First Name b. Last Name
When filling Den II Realt Trust
out forms c.Organization
on the 61 r Jefferson Avenue
computer,
use only the d. Mailing Address
tab key to Salem MA move your e.City/Town 01970
cursor-do I.State g.Zip Code
not use key.the 4. Property Owner(if different from applicant):
1� a.First Name
b.Last Name
New England Power Company
c Organizahon
40 Sylvan Road
d Mailing Address
Waltham
e.City/Town MA 02451
I.State
g.Zip Code
5. Project Location:
185 Jefferson Avenue Salem
a.Street Address b. City/Town
2c.Assessors Map/Plat Number 116
d. Parcel/Lot Number
Latitude and Longitude, if known: 4200m51s 70d53m53s
d. Latitude e. Longitude
1paf0rm5.doc• rev.wiwoto
Page t of 12
(
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
A. General Information (cont.) City/Town
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Essex South
a.County b.Certificate Number(if registered land)
3813 220
c. Book d. Page
7. Dates: 7/19/12 9/11/12 9/17/12
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Wetlands Map
a Plan Title
SP Engineering None
b. Prepared By c.Signed and Stamped by
4/12/2012 (annotation)
d. Final Revision Date e. Scale
f.Additional Plan or Document Title
B. Findings 9 Date
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(the Act). Check all that apply:
a. ® Public Water Supply b. ® Land Containing Shellfish c' ® Prevention of
Pollution
d. ® Private Water Supply e. ® Fisheries t. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc• rev.05/19/2010
Page 2 of 12
i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions VassDEPFilek
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction p—
Salem
cit—
B. Findings (cont.) y/To--wn
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the
work, or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act's interests, and a final Order of Conditions is issued. A
description of the specific Information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank
a. linear feet b.linear feet c.linear feet
5. ❑ Bordering d. linear feet
Vegetated Wetland a.square feet s. Land Under
b.square feet c.square feet d.square feet
❑
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. El 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 e.cubic feet
f.cubic feet
9. ® Riverfront Area 9700 9700
a rnr,i e, f,or b.total sq.feet
Sq ft within 100 ft 9700 9700
f„r d.square feet ,f„r f. square feet
Sq it between 100- " °"""
200 ft
f,m h.square—feet i.square feet
wpaform5.doc• rev,05/19/2010
Page 3 of 12
I
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassDEP File k
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
Citylrown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
.Ocean a.square feet b.square feet
c.dy dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches cu yd cu yd
` a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d,nourishment
is. ❑ Coastal Banks
a.linear feet b. linear feet
ts. El 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. El Land Under Salt
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
t9. El Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
zt. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpalorm5.doc• rev.05/19/2010
Page 4 of 12
t
Massachusetts Department of Environmental Protection Provided by MassDEP:
�^ Bureau of Resource Protection - Wetlands 64-542
\�\ WPA Form 5 - Order of Conditions MasSDEP F-- ire p
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
B. Findings (cont.) 61 /Town
#22. If the
Project is for 22. ❑ Restoration/Enhancement*:
the purpose of
restoring or
enhancing a a.square feet of BVW b $quare feet of salt marsh
wetland
resource area 23. ❑ Stream CrosSing(S):
in addition to
the square
footage that a.number of new stream crossings
has been b.number of replacement stream crossings
entered in C• General Conditions Under Massachusetts Wetlands Protection Act
Section B.5.c
(Bvw)
B.7J.c(Salt The following conditions are only applicable to Approved projects.
pleaenter
Manse)above' 1• Failure to comply with all conditions stated herein, and with all related statutes and other
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order.
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on 9/17/2012 unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have
been completed.
wpaforrn5 doc• rev.06/19/2010
Page 5 of 12
b ,
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassOEPFIIe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
C. o
General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry's Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
"Massachusetts Department of Environmental Protection" for, "MassDEP']
"File Number 64-542 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the a vicinity of the proposed work area shall be
d 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.
wpafolm5.doc• rev.05/19/2010
Page 6 of 12
, i
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions ass MDEP F--- pe#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
C. General Conditions Under Massachusetts Wetlands Protecti nown c
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her
designee shall inspect the erosion controls on a daily basis and shall remove accumulated
sediments as needed. The applicant shall immediately control any erosion problems that
occur at the site and shall also immediately notify the Conservation Commission, which
reserves the right to require additional erosion and/or damage prevention controls it may
deem necessary. Sedimentation barriers shall serve as the limit of work unless another
limit of work line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project")
is
Massachusetts Stormwater Standards. If the w is t is note ® subject to the
Standards,then the project is subject to the following
9 subject to the Stormwater
in conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
wpaform5.doc• rev.0 5/1 912 01 0
Page 7 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MessDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
Citylrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
c) The landowner is responsible for BMP maintenance until the issuing authority is
notified that another party has legally assumed responsibility for BMP maintenance. Prior
to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the
responsible party(defined in General Condition 18(e)) shall execute and submit to the
issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)
for the Stormwater BMPs identifying the party responsible for implementing the stormwater
BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and ii.) the future responsible parties shall be notified in writing of their
ongoing legal responsibility to operate and maintain the stormwater management BMPs
and implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate
Of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpatorm5.doc• rev.05/I9/2010
Page a of 12
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I
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassDEPFlie4
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction k
Salem
C. General Conditions Under Massachusetts Wetlands Protect on City/Town
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ("Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs sha
ll include access gates and shall be
at least six inches above grade to allow for wildlife passage,
Special Conditions (if you need more space for additional conditions, please attach a text
document):
wpaform&doc• rev.o5/1 molo
Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
` Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions MassDEP FileN
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionN
Salem
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The Salem hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
1. Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. ®that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Wetlands Protection & Conservation Ordinance c.50
1, Municipal Ordinance or Bylaw 2.Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
The attached special conditions are issued under the Wetlands Protection Act and are
sufficient for compliance with the local ordinance (c.50)
wpalo,m5.doc• rev.05/19a010 Page 10 of 12
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Massachusetts Department of Environmental Protection Provided by MassDEP:
�^ Bureau of Resource Protection - Wetlands
i \�\ 64-542
WPA Form 5 -
Order of Conditions MassDEE
P Ffie p---- —'
c
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -----__EP
i eD Transaction#
Salem
E. Signatures
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4,from the date of issuance.
Please indicate the number of members who will sign this form. t Date of Issuance
This Order must be signed by a majority of the Conservation Commission.
The Order must be mailed 2. Number of Signers
fed mail(return receipt requested)or hand delivered to the applicant. A
copy also must be led or hand d ivered at the same time to the appropriate Department of
Environmental P tection Regional ice, if not filing electronically,and the property owner, if different
from applicant.
u ' C
❑ by hand delivery on by certified mail, return receipt
requested, on
Date
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any own
er of land the
land subject to this Order, or any ten residents of the city or town in which such and is ilocated,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request of Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(M.G.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on'a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc• rev.osl19/2o10
Page 1 i of 12
,
t
Massachusetts Department of Environmental Protection Provided by Mas$DEP:
Bureau of Resource Protection - Wetlands 64-542
WPA Form 5 - Order of Conditions
ssDEP File
ii- e g
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 --------__
r E Transaction#
Salem
G. Recording Information clry/Ton ---
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To: -----------------------------------------------------------------------------------------------------
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
Project Location
MassDEP File Number
Has been recorded at the Registry of Deeds of:
County -book-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 identifyingthis transaction
section is:
Document Number
Signature of Applicant
wpaform5.doo• rev.o5 19/2010
Page 12 of 12 {{++
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-Paform5.doc• rev.OS/1912010
Page 13 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
I
Bureau of Resource Protection - Wetlands MassDEP File Number i
WPA Form 3 — Notice of Intent
Document Transaction Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -
Salem
Cityrrown
Important:
Whenfilling out
A. General Information
When
forms on the
computer,use 1. Project Location (Note: electronic filers will click on button to locate project site):
only the lab key
to move your 185 Jefferson Avenue Salem 01970
cursor-do not use the return a.Street Address b.City/Town c.Zip Code
key. 421 30' 51" North 0700 53' 53"West
Latitude and Longitude: d.Latitude e.Longitude
m Map 24 parcel 0116
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
Eric Palm
a. First Name b.Last Name
Note: Den II Realty Trust
Before c.Organization
completing this 61 r Jefferson Avenue
forth consult
your local d.Street Address
Conservation Salem MA 01970
Commission e.City/Town f.State g.Zip Code
regarding any
municipal bylaw 978-744-8143 same tpalm01@comcast.net
or ordinance. In.Phone Number i. Fax Number j.Email Address
3. Property owner(required if different from applicant): ❑ Check if more than one owner
a.First Name b. Last Name
New England Power Company
c.Organization
40 Sylvan Road E1.665
d.Street Address
Waltham MA 02451
e.City/Town I.State g.Zip Code
877-636-0411
h. Phone Number i.Fax Number j.Email address
4. Representative (if any):
John Dick
a.First Name b.Last Name
Hancock Associates
c.Company
185 Centre Street
d.Street Address
Danvers MA 01923
e.City/Town f.State g.Zip Code
978-777-3050 jdick@hancockassociates.com
h.Phone Number i. Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$ 1575.00 $ 775 $ 800
a.Total Fee Paid b.State Fee Paid c.Cityfrown Fee Paid
wpaform3.doc•rev. 11/16/09 Page 1 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction.Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
A. General Information (continued)
6. General Project Description:
buffer zone remediation -removal of fill material, loaming, planting and placement of mulch
7a. Project Type Checklist:
1. ❑ Single Family Home 2. ❑ Residential Subdivision
3. ❑ Limited Project Driveway Crossing 4. ® Commercial/Industrial
5. ❑ Dock/Pier 6. ❑ Utilities
7. ❑ Coastal Engineering Structure 8. ❑ Agriculture (e.g., cranberries, forestry)
9. ❑ Transportation 10. ❑ Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal)or 310 CMR 10.53(inland)?
1. ❑ Yes ® No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
Essex South District
a.County b.Certificate#(if registered land)
3813 220
c.Book d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary &permanent)
1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
2. ® Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
For all projects
affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Resource Areas,
please attach a n/a
narrative a. ❑ Bank 1.linear feet 2.linear feet
explaining how b. ❑ Bordering Vegetated n/a
the resource
area was Wetland 1.square feet 2.square feet
delineated. n/a
c. ❑ Land Under 1.square feet 2.square feet
Waterbodies and n/a
Waterways 3.cubic yards dredged
wpaform3.doc•rev. 11/16/09 Page 2 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. ❑ Bordering Land approximately 9,700 s.f. 9,700 s.f. in situ
Subject to Flooding 1.square feet 2.square feet
0
3.cubic feet of flood storage lost 4.cubic feet replaced
e. ❑ Isolated Land n/a
Subject to Flooding 1.square feet
n/a
2. f f cubic feet o Flood storage lost 3.cubic feet replaced
South River(Mill Pond)
f. ❑ Riverfront Area 1.Name of Waterway(if available)
2.Width of Riverfront Area(check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
® 200 ft. -All other projects
3.Total area of Riverfront Area on the site of the proposed project: approx. 5.6 acres
square feet
4. Proposed alteration of the Riverfront Area:
approximately 9,700 s.f. 9,700 0
a.total square feet b.square feet within 100 it. c.square feet between 100 ft.and 2p0 ft.
6. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes® No
6.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No
3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative and supporting documentation describing how the project
will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on n/a
your receipt b. ❑ Land Under the Ocean 1.square feet
page)with all
supplementary n/a
information you 2.cubic yards dredged
submit to the
Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. ❑ Coastal Beaches n/a
1.square feet 2.cubic yards beach nourishment
e. ❑ Coastal Dunes n/a
1.square feet 2.cubic yards dune nourishment
wpaform3.doc•rev. 11/16/09 Page 3 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �_ _. .. _ .Document Transaction Number
Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement(if any)
f. ❑ Coastal Banks n/a
1.linear feet
g. ❑ Rocky Intertidal n/a
Shores. 1.square feet - -
h.❑ Salt Marshes n/a
1.square feet 2.sq it restoration,rehab.,creation
i. ❑ Land Under Salt n/a
Ponds 1.square feet -
n/a
2.cubic yards dredged
j. ❑ Land Containing n/a
Shellfish 1.square feet
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
n/a
1.cubic yards dredged
1. ❑ Land Subject to n/a
Coastal Storm Flowage 1.square feet
4. ❑ Restoration/Enhancement
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a.square feet of BVW b.square feet of Salt Marsh
5. ❑ Project Involves Stream Crossings
a.number of new stream crossings b.number of replacement stream crossings
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to
http://www.mass.gov/dfwele/dfw/nhesl)/regulatory review/priority habitat/online viewer.htm.'
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
July 2012 Route 135, North Drive
b.Date of map Westborough, MA 01581
wpaform3.doc•rev. 11/16/09 Page 4 of 8
Massachusetts Department of Environmental Protection 'Provided by MassDEP: -
Bureau of Resource Protection - Wetlands I
MassDEP File Number I
WPA Form 3 — Notice of Intent
I Document Transaction Number
L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
C. Other Applicable Standards and Requirements (cori
If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321
CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please
complete Section C.1.C, and include requested materials with this Notice of Intent(NOI); OR
complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI,
by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take
up to 90 days to review(unless noted exceptions in Section 2 apply, see below).
1. c. Submit Supplemental Information for Endangered Species Review'
1. ❑ Percentage/acreage of property to be altered: _
(a)within wetland Resource Area percentage/acreage
(b)outside Resource Area percentage/acreage
2. ❑ Assessor's Map or right-of-way plan of site
3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work**"
(a)❑ Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b)❑ Photographs representative of the site
(c)❑ MESA filing fee (fee information available at:
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule.htm).
Make check payable to "Commonwealth of Massachusetts- NHESP"and mail to
NHESP at above address
Projects altering 10 or more acres of land, also submit:
(d)❑ Vegetation cover type map of site
(a)❑ Project plans showing Priority& Estimated Habitat boundaries
d. OR Check One of the Following
1.❑ Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions.htm;
the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to
310 CMR 10.37 and 10.59.)
2.❑ Separate MESA review ongoing. a.NHESP Tracking# b.Date submitted to NHESP
Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see
htto://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and
strictly upland species not protected by the Wetlands Protection Act.
"' MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are
not required as part of the Notice of Intent process.
wpaform3.doc•rev. 11/16/09 Page 5 of 8
Massachusetts Department of Environmental Protection Prdvided by MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
C. Other Applicable Standards and Requirements (cont'd)
3. ❑ Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management
Permit with approved plan.
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a. ® Not applicable—project is in inland resource area only
b.❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
Island,and the Cape& Islands:
Division of Marine Fisheries- Division of Marine Fisheries-
Southeast Marine Fisheries Station North Shore Office
Attn: Environmental Reviewer Attn: Environmental Reviewer
1213 Purchase Street—3rd Floor 30 Emerson Avenue
New Bedford, MA 02740-6694 Gloucester, MA 01930
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
Include your Website for ACEC locations). Note: electronic filers click on Website.
document
transaction b.ACEC
number
(provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
page)with all
supplementary a. ❑ Yes ® No
information you
submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under-the Inland Wetlands
Department. Restriction Act(M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
a. ❑ Yes ® No
6. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1.❑ Applying for Low Impact Development(LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. ❑ A portion of the site constitutes redevelopment
3.❑ Proprietary BMPs are included in the Stormwater Management System.
b. ® No. Check why the project is exempt:
1.❑ Single-family house
wpaform3.doc•rev. 11/16/09 Page 6 of 8
Massachusetts Department of Environmental Protection Providedby MassDEP:
Bureau of Resource Protection - Wetlands
MassDEP File Number
WPA Form 3 — Notice of Intent
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number]
Salem
City/Town
C. Other Applicable Standards and Requirements (cont'd)
2. ❑ Emergency road repair
3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project)with no discharge to Critical Areas.
D. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users: Attach the document transaction number(provided on your receipt page)for any of the
following information you submit to the Department.
1. ® USGS or other map of the area (along with a narrative description, if necessary)containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a
Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to
the boundaries of each affected resource area.
3. ❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW
Field Data Fornrl Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NOI.
Wetlands Map (annotated)
a.Plan Title
SP Engineering Technology n/a
b.Prepared By c.Signed and Stamped by
May 2012 (annotations) 1" = 20'
d.Final Revision Date e.Scale
Project Narrative 09 May 2012
f.Additional Plan or Document Title g. Date
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. ® Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev. 1 Ill 6/09 Page 7 of 8 -
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
E. Fees
1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housing authority, municipal housing
authority, or the Massachusetts Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form)to confirm fee payment:
2. Municipal Check Number 3.Check date
4.State Check Number 5.Check date-
6.Payor name on check:First Name 7.Payor name on check: Last Name
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or 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.
�Z
1.Sigm4ture of Applicant 2.Ds e
41- /a
3.Signature offj9peP Owner(if different) 4.Date
H MJ cAc�C ( 7 JL f Z
ignature of Re entative(if any) 6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation
Commission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc•rev. 11/16/09 Page 8 of 8
Massachusetts Department of Environmental Protection ,
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Location of Project:
computer,use
only the tab key 185 Jefferson Avenue Salem
to move your a.Street Address b.City/Town
cursor-do not
use the return
key. c.Check number d.Fee amount
2. Applicant Mailing Address:
Eric Palm
a.First Name b. Last Name
Den II Realty Trust
c.Organization
61rJefferson Avenue
d. Mailing Address
Salem MA 01970
e.City/Town I.State g.Zip Code
978-744-8143 tpalmOl@comcast.net
h.Phone Number i.Fax Number j.Email Address
3. Property Owner(if different):
a.First Name b. Last Name
New England Power Company
c.Organization
40 Sylvan Road, E1.665
d. Mailing Address
Waltham MA 02451
e.Cityfrown I.State g.Zip Code
877-636-0411
h. Phone Number i. Fax Number j.Email Address
To calculate B. Fees
fling fees,refer
to the category Fee should be calculated using the following process &worksheet. Please see Instructions before
fee list and 9 9
examples in the filling out worksheet
instructions for
filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Form 3(Notice of
Intent). Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category
(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step 6/Fee Payments: To calculate the stale 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.
noifeeH.doc•Wetland Fee Transmittal Form•rev.10117111 Page 1 of 2
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
category 3.a. 1 $ 1,050.00 $ 1050.00
Riverfront Area multiplier 1.5x
Step 5/Total Project Fee: $ 1,575.00
Step 6/Fee Payments:
Total Project Fee: $ 1,575.00
a.Total Fee from Step 5
State share of filing Fee: $ 775.00
b. 1/2 Total Fee less$12.50
City/Town share of filling Fee: $ 800.00
c. 1/2 Total Fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission:Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form;and the city/town fee payment.
To MassDEP Regional Office(see Instructions):Send a copy of the Notice of Intent or Abbreviated Notice of
Intent;a copy of this form;and a copy of the state fee payment.(E-filers of Notices of Intent may submit these
electronically.)
noifeeff.doc•Wetland Fee Transmittal Form•rev.10117111 Page 2 of 2
Exhibit A
LICENSED AREA
11
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Exhibit B
ENFORCEMENT ORDER
12
l
CITY OF SALEM
CONSERVATION COMMISSION
April 13,2012
Eric Palm
Den If Realty Trust.
61-Rear Jefferson Avenue
Salem,MA 01970
TinaIBourdreau
Real Estate Representative
National Grid
40 Sylvan.Road
Waltham,MA 02451
Dear Mr.Palm and Ms:Bourdreau:
Please find the attached enforcement order addressing the wetlands violation at 185 Jefferson
Avenue in Salem: The 2vfassachusetts Wetlands Protection Act(M.G.L.ch.131§40), its associated_
regulations(310 CMR 10.00),and Salem's Wetland Protection;and Conservation Ordinance(ch.
50)state that wetlands may not be altered,dredged,filled,or removed Without a valid order of
conditions from the local Conservation Commission.Any violation of the act or the ordinance
.may result in enforcement action including up to a$200 fine per day,per volation..Furthe_rmore,
the responsible patty may be required to restore any unlawfully altered wetlands:
FINDINGS
On March 6,2012,the Conservation Agent, in the presence of Eric and Darren Palm,verified that
an,area subject to the Wetlands Projection Act and Salem's wetlands protection ordinance,
located on the portion of 185 Jefferson Avenue that abuts 61 Jefferson Avenue,had been
unlawfully filled. Between the March 22 and April 12 Conservation Commission meetings,
members of the commission visited the site individually to,verify'the presence of fill.
Eric Palm appeared at the April 12 commission meeting with his hired wetlands consultant,John
Dick of Hancock Associates.Mr.;Dick presented a plan dated April 27, 1997 titled"Wetlands
Map", showing surveyed elevations on the subject property and confirmed that-significant fill
had since.been placed onahe site.
Although the commission finds the owners of 61 Jefferson Avenue,Eric and Darren Palm,to be
responsible for the imlawfiil fill,this enforcement order is issued jointly to National Grid,owner
of 185 Jefferson where the fill is located The commission expects National Grid to
,provide
reasonable re the
for assessment and restoration of the altered area and to-take appropriate
steps to secure the-property to prevent future unlawful activity.
REQUIRED ACTIONS
In order to address the unlawful fill,the commission issues the attached enforcement order.The
following actions are required as part of said order:
I. Within seven(7) business days of the issuance of this order;all vehicles;equipment,and
other stored materials shall be removed from the area of alteration.
2.. Within seven(7)business days of the issuance of this order;a visible barrier shall be
installed to demarcate the property line between 61 and 185 Jefferson Avenue:
3: 'Current grades and the horizontal extent of the area of alteration shall be surveyed and
presented to the commission on an existing conditions,plan by April 26,.2012.
4. In order to determine whether bordering vegetated,wetlands are present,a detailed
+assessment of vegetation,including no fewer than three(3)transects;shall be condted
in t ie area beyond the fill, by Ap uc
ri126;2012.
S. A detailed plan for the restoration of the wea,of alteration shall be submitted to the
commission for review and approval by April 16,2012.
Upon approval of a restoration plan,the commission may issue anew or amended enforcement
order requiring implementation of the plan,:installation of security fencing;and submittal of an
after-the-fact notice of intent.
Please do not hesitate to contact me with any questions.
Sincerely;
Tom Devine
Conservation Agent,Staff Planner
Enclosure
CC:.
Mass DEP.Northeast Regional Office
John Dick;_Hancock Associates
Beth Rennard,,City Solicitor
Attorney Joseph Corrcnti
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
when filling out This Enforcement Order is issued by:
forms on the Salem
computer, use "-- _ 4-13-2012
only the:tab Conservation Commission(Issuing Authority) 'Date
key to move To:
your cursor-
do not use the Eric and Darren Palm, DEN II Realty Trust and National Grid
return key.. y Name bl Violator
61 R.Jefferson.Avenue, Salem, MA and 40 Sylvan Road, Waltham, MA; respectively
.
1: Location of Violation:
National Grid
Property.Owner(if tlifferent) -
185 Jefferson Avenue
-
Salern MA 01970
24 116
.
AssessorsMap/PlatNumtie.r
Parcel/dot Number
2. Extent and Type of Activity(if more space is required, please attach a separate sheet):
'See attached
'i, B. Findin,'gs
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act(M.G.L.c. 131; §40)and its Regulations(310
CMR 10.00), because:
Z the activity has been/is being conducted:in an area subject to:protechon under c. 1311§40 or the
buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative
Determination).
wrp,]Iafm9aA0E�rev.T.'L4N1 '
Page 1 U14
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number„
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M:G.L, c. 131, §40
& Findings (cont,) -
❑ the activity has been/is being conducted in an area subject to protection Underc. 131, §40:0[the
buffer zone in violation of an issuing authority approval (Lei,valid Order Iof Conditions or Negative
Determination of Applicability)issued to:
Name Dated
File Number ' ' "' -" f. _
Condit4 ion number(s)
❑ 7he,Orderof Conditions expired on(date):
Date .. ._,...,... ., ;.
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL cA31 s.40.
❑ Other(specify):
C. Oeder
The issuing authority hereby orders the following(check all that apply):
The property owner, his agents,permiltees,and all others shall immediately cease arid,desist
from any a,'ctivity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to theirbriginal condition.
A restoration plan shall be filed with the issuing authority on or before 4_26 2012
.. Date ._. .... -
for the following:.
See attached
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
i
wp�arm5a tloc.rer.)iId91
Page 2 o1 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection-Wetlands DEP File Number:
WPA Form_9 — Enforcement Order
Massachusetts Wetlands.Protection Act M.G.L.c. 131, §40
C. Order (cont,)
❑ .Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on
or before:
for the following:
. .. .,.... . ..
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(e,g., erosion/sedimentation controls)to
prevent further violations of the Act:
Failure to comply with this Order may constitute grounds for additional Llegal 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 not.
t a
penly
dollars or
m tiy imprisonment for not ore than two years;or both,such fine and imprisonment; or(6)shall be subject.to a civil
itto exceed twenty-five thousand dollars for each violation".'Each day or portion thereof ofpencontinuing violation shall constitute a separate offense:
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, out may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Tom Devine'
---...__... — .__.. _
Name ... ......... _._. ._.. _.
7s-stg-ssas
__. ..,__.. .
'Phone Number' _ :. ..
Monday-Wednesday Pam to:4pm;.Thursday Sam to 70m; Friday Sam to 12 noon Hours/Days Available.
Issued by:
Salem
Conservation Commission -
Conservatioh Commission signatures reiauired on following page.
rpalarm ,OW-mv,V14M4
Page 3014
Massachusetts Department of Environmental Protection
Bureau of Resource Protection Wetlands DEP File Number:
I WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals/Signatures(cont.)
In a situation regarding immediate action, an Enforcement Order maybe signed by a single member or
agent s io Commission and ratified by majority of th4bers ext scheduled meeting of the
Commission;Signatures%
_..
ioa-2 doaa orca- r aI
'signature a live �� .- `—ry personor Certified mail number
"SI-I EVAM-re,r 711"4
PxRe4 of 4
Exhibit C
APPROVED ACTIVITIES
13
16899
PROJECT NARRATIVE
Revised to 09 May 2012
Project Activities
The applicant proposes mitigation grading and plantings in Riverfront Area. This activity
will proceed as ordered by the Salem Conservation Commission under both the
Massachusetts Wetlands Protection Act and the Salem Wetlands Protection Bylaw..
Proposed work consists of the removal of approximately 9,700 square feet of recently-
placed stone and gravel averaging six (6) inches in depth,placed over existing coarse fill
material. A March 1997 Wetlands Map prepared by SP Engineering Technology
indicates the existing grades as of that date, and will serve as the reference for restoration
of grades. The referenced plan has been annotated to show the limits of fill as well as the
locations of test pits and vegetation transects within and adjacent to the disturbed area.
Work will be conducted within previously developed Riverfront Area and buffer zone to
an off-site Bordering Vegetated Wetland.
Wetland Resource Areas
Bordering Vegetated Wetland(BVW)
A Bordering Vegetated Wetland is located off-site,to the southeast of the project site,
adjacent to the South River Mill Pond. No delineation of this resource appears on the
referenced 1997 Wetland Plan. The wetland is a Phragmites marsh,bordered by a
disturbed fill slope, also dominated by Phragmites communis. 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
southeast of the subject property. Approximately 9,700 square feet of Riverfront Area
will be regraded and planted as in situ mitigation for the above-described filling and
grading.
The proposed work constitutes "redevelopment within previously developed Riverfront
Areas". All activity is proposed within a previously developed Riverfront Area,
containing stone masonry and common borrow fill material placed prior to March 1997.
In conformance with the criteria set forth under 310 CMR 10.58 (5),the work will result
in an improvement over existing conditions. The applicant proposes to remove relatively
impervious cover from within the Riverfront Area and to replace that material with clean
soil, seeded and mulched with a mix of native species. Planting of native species within
the mitigation area will replace such non-native and invasive species as Phragmites,
Multiflora Rose, Japanese buckwheat and Asiatic bittersweet.
1 of 2 61 r Jefferson Avenue
Salem,MA
I�
16899
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),but in
this instance is located as well within Riverfront Area.
Measures to Protect Wetland Resource Areas
Silt fence and straw mulch will be utilized to prevent adverse impacts to resource areas.
The work proposed is designed to protect the interests of the Wetlands Protection Act as
defined by 310 CMR 10.01 (2).
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. Following grading and seeding of the
mitigation area, straw mulch will control erosion until vegetative cover is established.
Mitigation protocol
Upon approval and conditioning of the proposed work, silt fence will be placed at the toe
of the existing fill material. Removal of fill material will be performed under the
supervision of a wetland scientist. The applicant will excavate fill material to a depth
approximately six (6) inches below 1997 grades; then apply six (6) inches of composted
loam,broadcast seed the area with five(5)pounds of the specified seed mix, and apply
three inches of loose straw mulch.
Large pre-cast concrete barrier blocks shall be placed and maintained along the property
line,to prevent any further intrusion upon land of National Grid.
The mitigation area shall be inspected at the conclusion of work, and near the end of two
(2) subsequent growing seasons. Reports on the success of the mitigation effort (and
recommendations as to any necessary additional measures) shall be provided to the
Commission and to National Grid.
Attachments:
Annotated Wetlands Map
Seed Specification
Soils and vegetation datasheets
National Grid Conditions for Proposed Activities...
2 of 2 61 r Jefferson Avenue
Salem,MA
Seed Mix Ernst Conservation Seeds Page 1 of 2
6 44o fs Wer v ro t i o i i S e e d s
-J
Riparian Buffer Mix
ERNMX # ERNMX-178
.....................................-----.............................................................................---.................................... ...............................................
Cost Per $31.50
Pound
------ ............ ----- -----------------------------------.................................--------- -- .----...._........----......----.................................... ...........
Seeding 20 lb per acre, or 1/2 lb per i,000 sq ft
Rate
.......................................--.............................................-----------..............................---------------.......................................... ..........------------------
Mix Type Riparian Sites
..---.............................................—.--.................................. ---..-..-...-.............-----...............................-.....-....__.......-----......--------..........----
Species 15% Deertongue, 'Tioga'(Panicum clandestinum(Dichanthelium c.), 'Tioga)
List too Fox Sedge, PA Ecotype Warex vulpinoidea, PA Ecotype)
(click for 8% Virginia Wildrye, PA Ecotype(Elvmus virginicus, PA Ecotype)
details) 8% little Bluestem, 'Itasca', MN Ecotype (Schizachvrium scoparium,
'Itasca', MN Ecotype)
8% Riverbank Wildrye, PA Ecotype(Elvmus riparius, PA Ecotype)
7% Indiangrass, 'Southlow'-MI Ecotype(Sorghastrum nutans, 'Southlow-
MI Ecotype)
6% Silky Dogwood, PA Ecotype Wornus amomum, PA Ecotype)
6% Partridge Pea, PA Ecotype (Chamaecrista fasciculata(Cassia£), PA
Ecotype)
5% Big Bluestem, 'Niagara' (Andropogon gerardii, 'Niagara')
4% Switchgrass, 'Shelter' (Panicum virgatum, 'Shelter')
3% Blue Vervain, PA Ecotype(Verbena hastata, PA Ecotype)
2% Boneset, PA Ecotype(Eupatorium mrfoliatum, PA Ecotype)
2% Blue o Indigo, Southern WV Ecotype (Baptisia australis, Southern WV
Eco e
2% Autumn Bentgrass,PA Ecotype (Agrostis perennans, PA Ecotype)
2% Soft Rush(Juncus effusus)
2% Arrowwood, PA Ecotype(Viburnum dentatum, PA Ecotype)
2% Giant Ironweed, PA Ecotype(Vernonia gigantea W. altissima), PA
Eco e
2% Blackeyed Susan, Coastal Plain NC Ecotype(Rudbeckia hirta, Coastal
Plain NC Ecotype)
2% Oxeye Sunflower, PA Ecotype (Heliopsis helianthoides, PA Ecotype)
1% Joe Pye Weed, PA Ecotype(Euvatorium fistulosum, PA Ecotype)
1% Common Sneezeweed, Northern VA Ecotype (Helenium autumnale,
Northern VA Ecotype)
1% Wild Bergamot(Monarda fistulosa)
1% Great Blue Lobelia, PA Ecotype(Lobelia siphilitica, PA Ecotype)
Total: t00%
Prices are subject to change without notice. Please call(800) 873-3321 for current pricing.
http://www.emstseed.com/seed-mix/?category-id=57 4/12/2012
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FORM 11 —SOIL EVALUATOR FORM
Page 2a of 2
Location Address or Lot No. 61 Rear Jefferson Ave.
On-Site Review
Deep Hole Number TP 1 Date 5/8/12 Time 9:00 am Weather Overcast 50
Location(identify on site plan) See Plan
Land Use Industrial Slope(%) 0-3% Surface Stones NA
Vegetation Scant-Filled Parking Area
Landform Unknown
Position on landscape(sketch on the back) See Plan
Distances from:
Open Water Body NA feet Drainage Way NA feet
Possible Wet Area NA feet Property Line NA feet
Drinking Water Well NA feet Other
Depth from Soil Horizon Soil Texture Soil Color Soil Other
Surface(Inches) (USDA) (Mansell) Mottling (Structure,Stones,Bounders,
Consistency,%Gravel)
0-9" Fill 2.5Y5/4 NO
9-42" Fill 2.5Y4/6 NO
*MINIMUM OF 2 HOLES REQUIRED AT EVERY PROPOSED DISPOSAL AREA
Parent Material(geologic) Fill(HTM) Depth to Bedrock: NA
Depth to Groundwater: Standing Water in the Hole: NA Weeping from Pit Face: NA
Estimated Seasonal High Ground Water: >42"
DEP APPROVED FORM—12/7/95 Documem2
Documem2
FORM 11 —SOIL EVALUATOR FORM
Page 2b of 2
Location Address or Lot No. 61 Rear Jefferson Ave.
On-Site Review
Deep Hole Number TP 2 Date 5/8/12 Time 9:00 am Weather Overcast 50
Location(identify on site plan) See Plan
Land Use Industrial Slope(%) 0-3% Surface Stones NA
Vegetation Scant-Filled Parking Area
Landform Unknown
Position on landscape(sketch on the back) See Plan
Distances from:
Open Water Body NA feet Drainage Way NA feet
Possible Wet Area NA feet Property Line NA feet
Drinking Water Well NA feet Other
Depth from Soil Horizon Soil Texture Soil Color Soil Other
Surface(Inches) (USDA) (Mansell) Mottling (Structure, Stones,Bounders,
Consistency,%Gravel)
0-101, Fill 2.5Y5/4 NO
10-36" Fill 2.5Y4/6 NO
'MINIMUM OF 2 HOLES REQUIRED AT EVERY PROPOSED DISPOSAL AREA
Parent Material(geologic) Fill(HTM) Depth to Bedrock: NA
Depth to Groundwater: Standing Water in the Hole: NA Weeping from Pit Face: NA
Estimated Seasonal High Ground Water: >36"
DEP APPROVED FORM—12/7/95 DocummU
Documem2
FORM I 1 —SOIL EVALUATOR FORM
Page 2c of 2
Location Address or Lot No. 61 Rear Jefferson Ave.
On-Site Review
Deep Hole Number TP 3 Date 5/8/12 Time 9:00 am Weather Overcast 50
Location(identify on site plan) See Plan
Land Use Industrial Slope(%) 0-3% Surface Stones NA
Vegetation Scant-Filled Parking Area
Landform Unknown
Position on landscape(sketch on the back) See Plan
Distances from:
Open Water Body NA feet Drainage Way NA feet
Possible Wet Area NA feet Property Line NA feet
Drinking Water Well NA feet Other
Depth from Soil Horizon Soil Texture Soil Color Soil Other
Surface(Inches) (USDA) (Munsell) Mottling (Structure,Stones,Bounders,
Consistency,%Gravel)
0-20" Fill 2.5Y5/4 NO
20-38" Fill 2.5Y4/6 NO
*MINIMUM OF 2 HOLES REQUIRED AT EVERY PROPOSED DISPOSAL AREA
Parent Material(geologic) Fill(HTM) Depth to Bedrock: NA
Depth to Groundwater: Standing Water in the Hole: NA Weeping from Pit Face: NA
Estimated Seasonal High Ground Water: >38"
DEP APPROVED FORM—12n195 DocummO
Document2
Soil Map—Essex County,Massachusetts,Southern Part
(61 Rear Jefferson Avenue)
h
0 343830 343860 343890 343920 =950 343 80 344010 W040 344070
42.30 48' m < 42'30 46•
o
a 4i a
���III$`• ;_
i
0
S
...
4r 39 40' R
4z•39 49'
343830 343860 34389D 343920 343950 343980 344010 344040 344070
a Map 6rslc 1:1,310 ifprnted onA Sze(8.5'x 11w)street
cN Meters
A 0 15 30 60 90
Feet
0 50 100 200 300
USDA Natural Resources Web Soil Survey 5/10/2012
Conservation Service National Cooperative Soil Survey Page 1 of 3
Soil Map—Essex County,Massachusetts,Southern Part
(61 Rear Jefferson Avenue)
MAP LEGEND MAP INFORMATION
Area of Interest(AOQ IZ Vary Stony Spot Map Scale: 1:1,310 if printed on A size(8.5"x 11")sheet.
0 Area of Interest(AOI) Wet Spot The soil surveys that comprise your AOI were mapped at 1:15,840.
Soils Other
0 Soil Map Units Warning:Soil Map may not be valid at this scale.
Spacial Line Features Enla
Special Point Features Gullyr9ement of ma ps beyond the wale of mapping can cause
Blowout misunderstanding of the detail of mapping and accuracy of soil line
Short Steep Slope placement.The maps do not show the small areas of contrasting
® Borrow Pit •~•• Other soils that could have been shown at a more detailed scale.
X say spat
Political Features Please rely on the bar scale on each map sheet for accurate map
0 Closed Depression Cities measurements.
X Gravel Pit water Features Source of Map: Natural Resources Conservation Service
A Gravelly Spot �.-. Streams end Canals Web Soil Survey URL: http:/Amebsoilsurvey.nres.usda.gov
Coordinate System: UTM Zone 19N NAD83
® Landfill Transportation This product is generated from the USDA-NRCS certified data as of
/L Lava Flay Rails the version date(s)fisted below.
,j& Marsh or swamp N Interstate Highways Soil Survey Area: Essex County,Massachusetts,Southern Part
R. Mine or Quarry US Routes Survey Area Data: Version 9,Feb 26,2010
aD Miscellaneous Water v Major Roads Date(s)aerial images were photographed: 7/31/2003
p. Perennial water ti Local Roads The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
v Rock Outcrop imagery displayed on these maps.As a result,some minor shifting
+ Saline Spot of map unit boundaries may be evident.
Sandy Spa
Severely Eroded Spot
0 Sinkhole
Slide or Slip
p Sodic Spot
a Spoil Area
Q Stony Spot
USDA Natural Resources Web Soil Survey 5/1 012 01 2
Conservation Service National Cooperative Soil Survey Page 2 of 3
San Map-Essex County,Massaalusetfs,Southern Part 61 Rear Jefferson Avenue
Map Unit Legend
Eases County,Massachuseffs,SouMem Part(MA606)
Map Unit Symbol Map Unit Name Acme InAOI Percent of A01
1 Water 0.8 9.8%
602 Urban lantl 5.3 90.2%
Totals for Area oflntaresi 5.8 100.0%
i Natural Resources Web Soil Survey 511=012
Conservation Service National Cooperative Sal Survey Page 3 of 3
Map Unit Description:Urban land—Essex County,Massachusetts,Southern 61 Rear Jefferson Avenue
Part
Essex County, Massachusetts, Southern Part
602—Urban land
Map Unit Setting
Frost-free period: 145 to 175 days
Map Unit Composition
Urban land:80 percent
Minor components:20 percent
Description of Urban Land
Setting
Parent material: Excavated, filled, and made land
Minor Components
Udorthents
Percent of map unit:7 percent
Hollis
Percent of map unit: 5 percent
Whitman
Percent of map unit: 3 percent
Landform:Depressions
Freetown
Percent of map unit., 1 percent
Landform:Bogs
Maybid
Percent of map unit 1 percent
Landform:Depressions
Scarboro
Percent of map unit: 1 percent
Landform:Terraces
Swansea
Percent of map unit: 1 percent
Landform: Bogs
Whately variant
Percent of map unit: 1 percent
Landform:Glacial lakes (relict)
Data Source Information
Soil Survey Area: Essex County, Massachusetts, Southern Part
Survey Area Data: Version 9, Feb 26, 2010
USDA Natural Resources Web Soil Survey 511012012
Conservation Service National Cooperative Soil Survey Page 1 of 1
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form
Applicant: National Grid Prepared by: John Dick Project Location: 61 R Jefferson Avenue DEP File#:
Check all that apply:
® Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only
❑ Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II
❑ Method other than dominance test used (attach additional information)
Section I. Vegetation: Observation Plot Number: Transact Number: Tr-1 Date of Delineation: 08 May 2012
A. Sample Layer & Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator
(by common/specific name) (or basal area) Dominance (yes or no) Category
herbaceous
Bedstraw Galium aparine 30 100 yes facu
shrub
Multiflora Rose Rosa multiFlora 20 25 yes facu
Common Reed Phragmites communis 60 75 yes facw'
sapling
Staghorn Sumac Rhus typhina 80 100 yes not listed
vine
Asiatic Bittersweet Celatrus orbiculata 20 80 yes upland
* Use an asterisk to mark indicator plants: plant species listed in the wetlands Protection Act (MGL c. 131, s.40); plants in the genus Sphagnum, plants listed as
FAC, FAC+, FACW-, FACW, FACW+, or OBL, or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due
to physiological or morphological adaptations, describe the adaptation next to the asterisk
rVegetation conclusion: Number of dominant wetland indicator plants: 1 Number of non-wetland indicator plants: 4
s the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants: ❑ YES NO
Page 2 of 2
Section II. Indicators of Hydrology: Observation Plot Number: Transect Number: Tr-1 Date of Delineation: 08Myl2
Hydric Soil Interpretation Other Indicators of Hydrology: (Check all that apply and describe)
1. Soil Survey ❑ Site inundated:
Is there a published soil survey for this site? ® YES ❑ NO
❑ Depth to free water in observation hole:
title/date: Web Soil Survey
❑ Depth to soil saturation in observation hole:
map number:
❑ Water marks:
soil type mapped: Urban land
❑ Drift lines:
hydric soil inclusions:
El Sediment deposits:
Are field observations consistent with soil survey? ® YES ❑ NO
Remarks: evidence of recent and historic fill ❑ Drainage patterns in BVW:
2. Soil description ❑ Oxidized rhizospheres:
Horizon Depth Matrix Color Mottles Color Texture ❑ Water-stained leaves:
a 0-7" 2.5Y5/4 absent fine sand ❑ Recorded data:
(stream, lake, or tidal gauge; aerial photo; other)
b 7-22" 2.5Y4/6 absent sand rav
❑ Other: FEMA zone 8
Vegetation and Hydrology Conclusion
Number of wetland indicator plants equal to or
greater than non-wetland indicator plants ❑ YES ® NO
Remarks: abundant masonry fragments Wetland Hydrology present:
Hydric soil present ❑ YES ® NO
3. Other:
Other indicators of hydrology present ❑ YES ® NO
Conclusion: is soil hydric? ❑ YES ® NO Sample location is in a BVW ❑ YES ® NO
Submit this form with Request for Determination of Applicability or Notice of Intent MA DEP, 3195 Section 11
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form
Applicant: National Grid Prepared by: John Dick Project Location: 61 R Jefferson Avenue DEP File#:
Check all that apply:
® Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only
❑ Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II
❑ Method other than dominance test used (attach additional information)
Section I. Vegetation: Observation Plot Number: Transact Number: Tr-2 Date of Delineation: 08 May 2012
A. Sample Layer & Plant Species B. Percent Cover C. Percent D. Dominant Plant E. Wetland Indicator
(by common/specific name) (or basal area) Dominance (yes or no) Category
herbaceous
Japanese Knotweed Polygonum cuspidatum 20 50 yes facu-
Bedstraw GaUum aparine 20 50 yes facu
shrub
Common Reed Phragmites communis 80 80 yes facw'
Multiflora Rose Rosa multiFlora 20 20 yes facu
vine
Asiatic Bittersweet Celastrus orbiculata 40 100 yes upland
* Use an asterisk to mark indicator plants: plant species listed in the wetlands Protection Act (MGL c. 131, s.40); plants in the genus Sphagnum, plants listed as
FAC, FAC+, FACW-, FACW, FACW+, or OBL, or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due
to physiological or morphological adaptations, describe the adaptation next to the asterisk
rVegetation conclusion: Number of dominant wetland indicator plants: 1 Number of non-wetland indicator plants: 4
e number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants: ❑ YES 0 NO
Page 2 of 2
Section If. Indicators of Hydrology: Observation Plot Number: Transect Number: Tr-2 Date of Delineation: 08Myl2
Hydric Soil Interpretation Other Indicators of Hydrology: (Check all that apply and describe)
1. Soil Survey ❑ Site inundated:
Is there a published soil survey for this site? ® YES ❑ NO ❑ Depth to free water in observation hole:
title/date: Web Soil Survey ❑ Depth to soil saturation in observation hole:
map number:
❑ Water marks:
soil type mapped: Urban Land
❑ Drift lines: '
hydric soil inclusions:
El Sediment deposits:
Are field observations consistent with soil survey? ® YES ❑ NO
Remarks: evidence of historic fill ❑ Drainage patterns in BVW:
2. Soil description ❑ Oxidized rhizospheres:
Horizon Depth Matrix Color Mottles Color Texture ❑ Water-stained leaves:
a 0-9" 2.55/4 absent sand loam ❑ Recorded data:
(stream, lake, or tidal gauge; aerial photo; other)
b 9-20" 2.5Y4/6 absent sand rav
❑ Other:
Vegetation and Hydrology Conclusion
Number of wetland indicator plants equal to or
greater than non-wetland indicator plants ❑ YES ® NO
Remarks: large concrete debris Wetland Hydrology present:
Hydric soil present ❑ YES ® NO
3. Other:
Other indicators of hydrology present ❑ YES ® NO
Conclusion: is soil hydric? ❑ YES ® NO Sample location is in a BVW ❑ YES ® NO
Submit this form with Request for Determination of Applicability or Notice of Intent MA DEP,3195 Section If