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64-393 - 78 LEAVITT STREET - CONSERVATION COMMISSION a o 6y- 3g PdIMH (s�vt Yacl,� CA `f8 Cezu,=tE Sfncf ' ,I r gON01P 3 ., I CITY OF SALEM CONSERVATION __. ATION COMMISSION May 29,2007 Mark Winder c/o Palmer Cove Yacht Club 78 Leavitt Street Salem,MA 01970 Re: Certificate of Compliance—DEP#64-393—78 Leavitt Street, Salem,MA Dear Mr. Winder. Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Since Carey Du es Conservan n Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Palmer Cove Yacht Club computer, use Name only the tab key to move 78 Leavitt Street your cursor- Mailing Address do not use the Salem MA 01970 retur-n kkeeyy. Cityrrown State Zip Code .dlur.., I I 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Palmer Cove Yacht Club Name May 12, 2005 64-393 Dated - DEP File Number 3. The project site is located at: 78 Leavitt Street Salem Street Address Citylrown Map 34 Lot 450 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 24338 283 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: May 7, 2007 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: w alorm fradoc•rev.7/13104 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Pile Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-393 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem Nay �� Conservation Commission Date fif Issuance This Certificate must signed by a majority of the Conservation Commissio and a copy sent to the applicant and o ate P gional Office ee Attachment). Signatures: O c d maform WAX•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 17 Of May 2007 Day Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, M. Blier, D. Summer, K. Glidden, and A. Hamilton, Name of Document Signer proved to me through.satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/Town Conservation Commission CAREY R.DUOUES carpMwwnf a rnee�auem Signa ure of N tary Public Care R. D ues Printed Name of Notary Public August 16 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaiorm Bb.boa•rev.7113!e4 Page 3 014 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts 64-393 use is Wetlands Protection Act M.G.L. c. 131 4 � Provid ed by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 78 Leavitt Street 64-393 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Property Owner and has been noted in the chain of title of the affected property 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 wpaform 8b.tloc•rev.7/13/04 Page 4 of 4 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Cotrein Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales 9 Alford Cummngton Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashlield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belohertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blanciferd E'mg Huntington New Salem Shelburne West Spnnglield Bnmflad Flonda Lanesborough Norm Marrs Shewsbury West Stockbridge Buckland Gill Lea Northampton Southampton Whately Chademorm Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levereb Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Wo hmgton Clarksburg Hadley Middlefield Pew Tolland DEP Central Region Aeon Chadlon Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Mill Mile Shirley Walden Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Nowtborough Southborough Westborough Phone:508-792-7650 Auburn Ounstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westnunster Berlin Grafton Lunenburg Parton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Manapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Twine Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedord Rochester Weltlleet Phone:508-946-2700 Barnstable Eastham Hanover North Atueborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Nodan Sandwich Westpon Bourne Easton Harwich Norwell Scituate West Tisbury TDD:508-946.2795 Brewster Edganown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshliad Plymouth Swansea Chilmark Franklin Mashpae Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617-654-6500 Bedford Danvers Lawrence Milton Rockport WaNand Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Wanted Boxlord Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Cadisle Haverhill Melrose Peabody Topslield wpaform8b.doc•DEP Addresses•rev.5/29/07 Page 1 of 1 CERTIFICATE OF COMPLIANCE PHOTO LOG 78 LEAvITT STREET,SALEM,MA Au�wme r w.0 pN OS/OW Cv G.�ev pyp,tq(fgvm,tvenow Acet+r�STury Puxwp = ` :+? -. g H},WIT ,. t fillip 3 View of new seawall in front of Palmer Cove Yacht Club I k View of seawall and new tiebacks connecting to old wall. Page 1 of 4 .z Ailr tl ' �Y r. ,`.a.w 'mi'ti�'." "!mil � r .<.rwt:td �' xi ,.Fly • 3 t O n t , 9' 1 I +3 4 r { Edge of,. wall. Railing to be added. "TF-5 b.+ 1 r Nam . r r a x- +aY AL +sir+ View of interior of seawall from the far western end. Page 3 of 4 C 4 . ..... % 49� Z ji 4, WWI I 39P: View of new seawall, dock and gangway extending to docks at PCYC. Page 4 of 4 L11Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance 64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important 1. This request is being made b When filling out q g y: forms on the Palmer Cove Yacht Club Inc. computer,use Name only the tab key to move 78 Leavitt Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/rown State Zip Code 978-741-2566 +Q Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: "b'" Palmer Cove Yacht Club, Inc. Applicant 5112f05 64-393 Dated DEP File Number Upon completion ) p of the work 3. The project site is located at: authorized in 78 Leavitt Street Salem an Order of Street Address Cityfrown Conditions,the M property owner AP 34 LOT 450 must request a Assessors Map/Plat Number PameULot Number Cer"cate of Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing Palmer Cove Yacht Club Inc. authority stating prosy Owner(B different) that the work or Essex 24338 283 portion of the County Book work has been Page satisfactorily 31076 from Document No. 242113 completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed(use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wWonaa.dm-rev.7113104 Page 1 of 2 L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 8A — Request for Certificate of Compliance 64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see http://www.mass.gov/dei)/about/reaion/fiindvour.html. wpafmmaa.dw«rev.7/13004 Page 2 of 2 l t JU , LIM-uuty ';rwivratzL:, . (L SCALE IN FEET / AREA w r- �Ao� i �k� `. t S CORPS OF AtJIY + �� ii itltl' � ENGINEERS t9G $M a 8 m L v ; t �L N fC/f T � fYCNALL r 'r 27 fl p_, N!. m E ��' SHADED AREAS W C4 N TRU RIP ICE=NSE %INDICATE EXP183AN_SyjION �l #5447 � a 4 Z PROPERTY ` M. H. Uv a . 0 ER E5� S7LAND SB7 ' Ila - 2-9 CONGRtt'55 5T- SAL EM. MA , / Z03 -- •-1 3 0` PROPERTI I f v v zCL Pq� LINE //� �E Q v, '> V/ T Y,gOMER .� 'o F— �9L hT cs co 4°) 3 �tF,yCc 7T o s� - Pow�� 177 - —_� �_2�. Ti zp•0p u l�O oR JN� sF 1 a�¢z N _ . 0.. J S�9hR /`I�T C� DE • o•`-=�_o' --�'� T28 Qo J o Z 8 Lu t tsi-2' 19 J�U ` ,q o O ZPALE -M .H . . - ZRO 93 WASGTON. ST SALE MA. a ¢>Z n-w 14CENSE-PLAN NU: 14ppc�ee Dy OWM "fA d£m9mm"ttaft � �' N N �3. DO: i t991 't . cm EEB 5 �' ^ PALMER S COVE ' }" =a YACHT CLUB. INC . + o © ��Zo / ,g �o SALEM, MA . N. ? o PILES ADDED 1z" TRU RIP-RAP ® 183 r �N o 'EXISTING SHAD D O SHETLAND PROPERTY M . H W f AREA . 50 a 100 . , INDIC Tt= ® EXPA SION 157 ' • SCALE--IN FEET — / 203 ' R LEVITT PROPERTY o 3)TREET LINE M . L . W . IS ING CLUB 177 ' p BU IL IN S 8, RAMP I-F-- 20 N f` 45 _ THERIAULT o' -- o�o �e o o`� "�M - L - W . S . , PROPERTY 1I6 '-2 I1 PROPERTY ti CITY OF SALEM WALL M. H . W . A 0 W KM, 0 3 1ai a SHEET 51 nI~ y FROM : VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:24PM P8 RPK. -uf u5imuN) 12;27 P. 008 _ w LL ' - fL w O -1W A tri, LLJ Witco r�` t/J w uj L v l I I FROM ' VINE ASSOCIATES FAX NO. : 17e17492751 Feb. 02 2004 03:21PM P2 APR. -07' OWN) 12:25 P. 002 C) aloe Tammanwtaftb of 9itttssarinmefts No. 2559 �hRftE(B, Palmer's Cove Yacht Club, Inc. of -- Salem --, in the County of -- Essex-- and commonwealth aforesaid, has applied to the Department of Environmental Protection* for license to Place and maintain piles and pile-held floats ---------------------- and has submitted plans of the same; and whereas due notice of said f application, has been given, as required by law, to the '-- Mayor & City Council -- of the City -- of -- Salem. ----------------------"-------------------_.._....,._..- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses the said --------------------- Palmer's Cove Yacht Club, Inc. . -- subject to the provisions of the ninety-first chapter of the.General Laws, and .of all laws„which are or may be in force applicable. thereto, to -- place and maintain c piles and .:L: pile-held floats: -_---- -----—---------==----=---- in and over the waters of -- Palmer's Cove -- in the -- City -- of -- Salem -- and in accordance with' the locations shown and details indicated on the accompanying.DEP License Plan No. 2559, (3 sheets) _ *Pursuant to Stat. 1089, c.240, 9.101, "The Department of Environmental quality Engineering shall be:known as the Department of Environmental Protection," hereinafter in this document referred to as "the Department" or "UP". t FRAM : VINE ASSOCIATES FAX NO. 17817492751 -- Feb. 02 2004 03:21PM P3 • AYH. -U! US IMUNI 1! 15 P. 003 License No. 2559 page 2 The structures hereby authorized shall- be limited to the following use: to provide a private recreational boating facility. ------ ------ Any contract or other agreement for the exclusive use of berths authorized herein shall have a maximum term of one year and may be renewable upon expiration on an annual basis. -------.------------------ Duplicate of said plan, number 2559 is on file in the office of said Department, and original of said plan accompanies this License p Pb and is to be referred to as e part hereof. ( L FROM ' VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:22PM P4 APR. -v UJ imm) 12 26 e, 004 Waterways License No. 2559 Page 3 $TANDARD I_KATERWAYS_LjggKcg CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This license is granted upon the expressed condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the, Licensee Dxj= to the commencement of any activity or use authorized pursuant to this License, 3. Any change in uae or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws_ Any unauthorized substantial change in use or unauthorized substahtial structural alteration of an structure Y or fill authorized herein shall ren der this Waterways License void. 4. This Waterways License sh all hall be revocable by the Department For noncompliance with the terms and conditions set forth herein. This license May be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request, for such notice with the Department and afforded them a reasonable opportunity to Correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the 1 Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and aSsigns as an unauthorized and unlawful structure and/or till. S. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the a060mpanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee exce pt with the written consent of the. owner or. owners thereof. 7.. .This Waterways License is granted subject: to -all .applicable Federal,` State, county, and Municipal laws, ordinances and regulations including but:not. l3mftsd"to a.valid. final-'Order--nf-conditions. issuiid-putsud7tt to' - ' the Wetlands Protection Act, G.L. Chapter 131, s.40- S. This Waterways License is-granted upon the. express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP Division of Water pollution Control. f � • FROG VINE RSSOCIRTES FAX NO. 17817492751 Feb. 02 2004 03:22PM P5 AYx. UI' WMUNI 11 16 P. 005 License .No. 2559 page a The amount of tide-water displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the Said -- Palmer's Cove Yacht Club, Inc. -- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00) . -- for each cubic yard so displaced, being the amount hereby assessed by the said Department_ (15 cu. yds. = $30.00) ---------------------- Nothing in this License shall be construed as to impair the Legal rights of any person. This License shall be void unless the same and the accompanying plans are recorded within 60 days from the date hereof, in the Registry of needs for the -- Southern -- District of the County of -- Essex. ------------- IN WITNESS WHEREAS,. said Department of Environmental Protection have hereunto set their hands this fifteenth -.day of February in the year nineteen hundred and ainety one. Commissioner Director �Ul - � _ Department of Environmental Protection Section Chief THE COMMONWEALTH OF HASSACHUSETTS This License is approved in consideration of the payment into the treasury of the Commonwealth. by the said - Palmer's Cove. Yacht Club,. Inc. --------------^--------------------------- ------ ----------- of the furttier'sum of•-- eleven thousand seven hundred, fifty_eight dollars and zero cents ($11,759.00) ------------------------- ------------- the amount determined by the Governor as a just and equitable charge for rights and privileges herebyl granted in the land of the Commonwealth. BOSTON Approved by t A Ticuz COp•f—A —ST �1= I ✓v , ltv.' q ,,. x,•v Governor OIY �. 90 FROM' : VINE ASSOCIATES FAX NO. 17817492751 Feb: 02 2004 03:27PM P14 Arx. -ur w IMUN1 11:28 P 014 moo` ROaERT �N ; E. " pRo�r�A,io AWN� F$ S J �o q�p slyl ° is sy. e•.JC .L .07 g2 srivy coves �'4T N 6&E L A}vo CO&W- 1 ELM/ 1 �� `�, l• SJ28 B i �? CJCRr uo 2535 Q Ls Ijj� ,.•a� a AREA A,r0,C;0,ZAA :VrV&7LW LEASE NY' PALYl EK' z �� B EJ• (0. 19db.;.:AK6A rJIf ar 2 '� o• PLANS ACCOMPAN (N� 5 •�r ;, :,ed �a�m�ri^3 PETITION OF PALMZIR COVE - _ oAleVWre wAI.Ak_. YACHT CLU8, 1aet, , �+ r0-7M.4/NTA/N bYALIs" TRA!/EL 01020 O ikon u)_�. ,. :. G/F'T TRACK ANa PI,L j R'41�lPf= LICENtr re0.7y9 WN-43, .C»CKS, 5T9 CTURS, Awovea by oauw, ;rironmgnw taalih bow FLOATS AND PILES I� NV PAL lE1Z at chu c'- 2I,/g9/ C0VF . cI-ry Ojpt;l -5 L.E/-1, _ _ _ COMMMSIONER 455EX -CoVAITY , /�� Ass ') CHIEF ENGINEER 1 3.3o'B/ j l FROM VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:27PM P15 AM IV UJ 1MON) I: ?9 Y. UIJ oFM1`'s v for ) RODERj �G �Q m No,22D61 0 �r"lc 9A; 14 Ff.,,AT All fly to b by p b 01 Q" W v4r � � 4^• � J .1 h � �Ct it f _ J n�� \ EXISTIti4 CONC R�7F. • 11 • tier WALL - 4-0 ANP r/• Ir �x s rnv� .TA AVEL 1-IX'7 Tl;Ack5 -7W6 1/ VV 376�L �' Eq Ms o�v f't r.ES Y •� �,' �h Ib x26 LLogT , xZO Fl-DAT5 � ti W vt Y NMa� Zit / pf SA��MI Aura RT 2''/- ' . . ' , ' . EL.D.O' �� =DprwOL � beptrimant C1 Eflviron� SRCr F11pI�Ifi1tA IdQ.rST aN�. �!P SAP.;6ANK G O Epsr/NG cote ET WA ( ccc�M AN7J�G �G I . PZWT/OM OF PAS MtiM Coles 0 Jo 80 JdoF . FROM .: VINE ASSOCIATES FAX NO. 17817492751 ' Fab. 02 2004 03:28PM P16 AYE. -U/' U31MUN1 12:29 P. 016 B N /T� 323, 23r ` t -72�x14�FLCAT I t ( •-•1. 7- B xzo F[oA � t 20 it t t ` 1 1 W w i:dal�liTrrs ccii-rtc Z K ti . IF E= .11 rlm,. W i-lcjco !Ai Vo ROBERT FIUD 09A�E`" � _7- $. -�+ tags 20/ � 1 300.c90 yUCENSE PLAN. N0.7: v9 . . ��LW t �`3 bf•d'_Crcu` sp�.�F' o�o�0� �tOp6 (J O O e., . _F_X/3?'/+VG �TANC' RlI:..JLAP E31, .v _ 6 p4:X.N$ 'AccOMPANIN4 pj loop oc-rrr14A/ nr n4l MFt7 rrn/F FROM : VINE ASSOCIATES FAX NO. : 17817492751 Feb. 02 2004 03:29PM P17 arx. -ui wimal 11>19 P. 017 cxl�!/Ny !K14VC Wp- licn�KS � IU— Via; CNq �klS EL 9 sroN� �`�•' .•• � � �MNlN� I � � Larvc.watt - ti EX/37/NG Pi[ES 12�r B w SECTION 'A' : V- I iv= SF7- ISM 1..22 gJai'T W vc, orc't -- trim lZIDF4. E7flSI'Q_:. Exisr.Z /I:Ir" Piss Mtr uv eC Wad 6 v 0 ► 'ILL it', SECTION 'B' = V= /IN = 8F.7 iw1oFr. OF ROBERT �xls70' FIFEiD h ro— 37UM� � a Ib.189S1 ,4�•lti�S1"F WALL 1=xisrc FILES- . Drat .... J T 1,,f 1i II It f 0 —M LEI j1 sECriaN ,C : U- IIN=SFr. eN=I��r: iaFr WENSE PLAN NO. 7y9 %Few if fkp ftcht of fnvimmeftht Qfift Wheedet HOR. Aiteusr 21. Igo/ 0 5 to 2G PLAINS AccOMPANINC ��,UTIOAI of PALMER covE ACKT CLUB /Nc. TYof A =w.r r, r, , _ . 0 . 5 10 FT a SOBEL .. FO.f.tEGlJTRY 7L7G -_ ' 1 told• /M/!kn o/s!l A brn - '' b /er rsred!n V.to.klmmlY m4i'/s!Ae lrens SEt<'agu&n , _ �AavJ/��1�61�/r'olamr.- iN/asr. - care ti*�n4g tyy`` ,�, i0 L e Al 17.4E/9 W �.:bY.,,•-p, ,:_a :u aL A - ,padF:'.. .;n' A'[b�l.'LGD: F - - - - - - -= .z3•- --- -- - - -'--- -.- � E X _A': '' •' ' i=.•A:=^•• <A..4£RS 'JYE S.SLEM,/•:ASS' I •'.'GS LG-s!'r, 'GATED lt/!Y'Ro. 87 �lA V C . S<_<E'• :TY V.l_'1:°ER r _ L. ors !1-' NE.' BE+.A r. a� - , .•: EA ScF a;l ._ 1A_ - ._.,9:A,rn 3..'Auai - I . h 'I v a cot W as rr 0.. \? _, _.. .� . -- }� . •:�[ J AN 41- -;-.,4 {\wry o� CA 1e✓.y N '\' .!*\� 'o •ar1i6:1115 PAVe P21 jk: �� -d°�� 1� p0 •a �I f n i 0 N j g0 �'F • -�• f E 1� p' MA,C •-y Pi •'S lir YAr.>7• 4 r cYn7tI:C_Fs01�_ -..r Li I 0 CD • 'I <� ca — t? W ' ~'��'� i� L/Af dFFJ71iT/AY.�' - - ~rceAII JfA/-Q UET)a=`�-.•-- - W -...._ . . 3 ry..`_ Sy3,1�8: o' .e.•avae..naar. i>.. � .gip_ ....e _ W ,� �✓ '".�-. :�',,.��'r/- .:� a/vRnv WAu —� : PLAN � J / PAINER COVE fLhrs FF"pM VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:24PM P9 APRA/ USIMUNJ 12 2' P. UU9 Porm WD 54 gt�>' C�nr�¢mlfnurPr(trtE llf �Es.�,��Ird�lff�P��J No. 749 V4fr llfl, Palmer Cove Yacht Club. Xnc.------- _ °f in the Gbunty of Esv . ofareraid, has applied to the Department of Environmental �; Engineering and COII forlicensRlto maintain mall, travel lift tracks and piles, ramp, walls, d cks Structures es� floats and piles in Palmer Cove, Salem Rarbor in the city of Salera xqd fsis submmed plans of the same;and whereas clue notice of said appllcadon,and of the t{me and place flied fur a hem"Ok thereml,has boea given,as required by law,to the Mayotte----.. of the city-----of Salem---- iWlilll said Mpartment,having lead all parties desiring to be heard, mid having fully conside-red said application, hereby, subject to the approval of the Governor. authorlm and Ii as the said Palme't Cove Yacht Club Inc.— . r the ,subject to provisions or the nest ty-$rst chap)er of His General Lays, and of all laws which pre ur may be in foacw applic?blo theretq,.to maintain villa, travel lift tracks and piles, ramp, walls, decks, structures, floats and piles at their property in the City of Salem, in conformity with the accompanying License Plan No 749 (four sheets). 1 i .FP.(M : VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:25PM P10 Ark -U!' US(MUNJ 12 27 P, 010 Deane A'o. 749 Page 2 Cossnencing at the easterly property line of the licensee, an existing wall composed of various materials may be maintained as constructed, extending in a southerly direction a distance of approximately 11 feet, thence turning wustcrly a distance of approximately 135 feet, thence northerly for a distance of approxi- mately 18 feet, with .finished elevations as indicated on the license plan. , An existing travel lift located approximately 8 feet to the west of the licensee's easterly property line and extending in a southerly direction a distance of approximately 40 feet beyond the mean high water line may be maintained as constructed. Said travel lift may be supported by 12 inch piles spaced-5 feet on centers and have a width of 18 feet between tracks with a finished, elevation approximately 12.2 feet above the mean low water datum. A 14.6 by 27.7 foot float and seven -8 by 20 foot- floats placed end to and, extending in 'An easterly direction and reached by a 23.5 by 3.6 foot gangway from said travel li£t's easterly track may be maintained as placed. An existing 22 by 26 foot timber deck located to the vest of said travel lift, supported by 12 inch piles and having a finished deck elevation 14.0 feet above the mean low water datum, may be maintained as constructed. An existing 16 by 28 foot float, reached by a 4 by 46 foot gangway from said timber deck's southerly side, may be maintained as placed. A main float consisting of twelve existing 10 by 20 foot pile held floats may be maintained as placed off said 16 by 28 foot float's southerly side. Eight existing S by 20 foot pile held floats vith s '5 by 20 and 14.5 by 32.5 foot float at its easterly end may be maintained as placed off said main float's easterly side, at its approximate mid-length. A second series of eight existing 8 by 20 foot pile held floats with a 32 by 14 foot float at its easterly end may be maintained as placed off said main gloat's easterly side at its seaward and. Two sets of floats placed in a "T"- configuration, consisting of seven 8 by 20 foot and two 5 by 20 foot .floats each may be maintained as placed, located as indicated on the license plan. An existing 20 foot wide concrete ramp of irregular shape, located to the west of the:existing float system and extending in a southerly direction a maxim,mn distance of approximately 45 feet may be maintained as constructed. All wark authorized hereby shall be in the location shown and in accordance with Me details indicated on License Plan No. 749.. Please see page 3 for additional conditions to. this license. . Duplicate of said plan,membered-----749 Is on file in the office of said Department, aW aigmal as said plan atxomp usics this License,and is to be rcfvnvd to as a part hereof. The amount of Mlo-wator disptaml Ly elo .work i=-bmm rx rtainra by said Departncrt,na d coxnpc-nselicn thereof has bnen made by Vic mid Palmer Cove Yacht Club. Tue. t FhsF1M ' VINE RSSOCIRTES FAX NO. : 17817492751 Feb. 02 2004 03:25PM Pli ANH, -U1' U51MUN1 11 11 P 011 License No. 749 Page 3 Nothing in this license shall be construed as authorizing encroachment on or over property not owned or controlled by the licensee, except with the ' consent of the owner or owners thereof, Acceptance of this license shall constitute an agreement by the licensee, to conform to all terms and conditions herein stated. This license 's granted subject to all applicable Federal, State, County and Municipal laws, ordinances and regulations. This license 'is granted upon the express condition that use by boats or otherwise of the structures hereby licensed shall involve no discharge of sewage or other polluting matter into the adjacent tidewaters, except in strict Conformity with the requirements of the local and State health departments and the Division of Water pollution Control. This license is granted upon the further express condition that any other authorizations necessitated due to the provisions hereof shall be secured prior to the Commencement of any work under this license. .This license is granted upon the further express condition that the authorization contained herein may be modified or may be revokod in whole or in part in the event of the licensee, its successors and assigns, failing to comply with said authorization or any, provisions of the license or failing to maintain all authorized structures and in8tallati.onz in goad condition,.to the satisfaction of the Department of Environmental Quality Engineering or its successors. This condition permitting modification or revocation of the license shall also apply in the event of the failure of the licensee, its successors .and assigns, to secure approval under all other applicable laws, ordinances or regulations or failure to adhere to the conditions of such approvals upon receipt of such failure provided by an agency h'avi,ng jurisdiction. Revocation or modification Of this license as provided herein shall be without liability to the Commonwealth or elaim for compensation by the licensee, its successors and assigns. This license is granted upon the further express condition that the lice Its successors and assigns, shall upon request in writing by the Dy epffrtment Of Environmental Quality Xngincering or its successors cha a location of said lower is to 4ch depth, or raise it , such height, as said Department may prescribe or remove it entire! said waters, and said licensee, by accept ' this license she deemed to consent and agree to the condition herein set forth, andl se of any refusal or neglect oil the part of the licensee, itssvcce :and assigns, to Comply with this condition; - - then this license s e vhalLy void and the Commonwealth, by its proper Officers, ma teed to remove or to muse the removal of said at the nse of said.licenscc. its successors and ass' unlawful structure in said waters: as an unauthorized i i i i i a i FROM : VINE ASSOCIATES FAX NO. 17817492751 Feb. 02 2004 03:26PM P12 " 'APR. 07' 03(MON) 12 28 p 01 License No. 749 Pope 4 1iY Pr9Yrt,Into»tie ttcns,try of the Coatmonlvpatd thirty-six dollars and no cents ($36.Oo)- -- .---------for Cieli dubld 09rd so eisplaccd,being tDo amount hon by xssrmrcl by said Dellattmdnt. (elghteen (18) eohic yards). Notlilng in this License shall ba so construed As to impair d,; le;;al right, of any person. This LlQmise shall br. voii unl&s the same and the accomlXtnying plats nre recot\led within one year from the date ltcrcol',in flan Registry of heeds for ale Southern District of the Cnunty of Essex. IE( Utbrori WITrr.rag. ssul Dopartmont of Environmental Q'I'lity Engitu•eting have hercutto set thclr Itat,ds this .twentey-first. --------•--- day of August in the Y mr nineteen hnndrrxl'aad'siglity-one. . . Commfas•Euaer Ch(ef Engiucer - r.,., Department of _.. -- &m$ontncnigl utility -.�_ Engineering \I TIIE CONDAONINFAI.TH OF MASSACHUSETTS by the sai of the farther aunt it the amount dctern'tincd by the Crne as a just and equitable charge for rights and privileges hereby gt ll:4ed iri land of tlib Corp `mvcal(h. Aq. .................. ............... Apltmoad by the Cow"..r. . A TRUE CO?Y--ATTEST � I cE:.:,:i:t:.: .rf;-••t?Dt1.trTITAy -- ... OJ lla( F:•aiJE.at(JCy, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: SALEM When filling From: 1.Conservation Commission out forms on the computer, z. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Palmer Cove Yacht Club, Inc. use the return a.First Name b. Last Name c.Company keeyyy..` 78 Leavitt Street —ICI d.Mailing Address Salem MA 01970 ICI e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 78 Leavitt Street SALEM a.Street Address b.Cityrrown MAP 34 LOT 450 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude I.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): ESSEX a.County b.Certificate(if registered land) 31076 133 c.Book d. Page 4/15/05 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Site Plan Accompanying Petition of Palmer Cove Yacht Club repairs to existing seawall a.Plan Title Vine Associates, Inc. David B. Vine b.Prepared By c.Signed and Stamped by 3/30/05 1" = 40' d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date vryaf0rm5.dac• rev.311105 Page i of 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ❑ Flood Control 2. This Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) a. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpafom5.dm• rev.311105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Fite Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land a. Subject to Flooding 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 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean a.square feet b.square feet 0 0 c.cu.yd dredged d.cu.yd dredged - 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.cly noudshmt. d.cly noudshmt. 14. ❑ Coastal Dunes a.square feet b.square feel c.dy noudshmt. d.dy noudshmt 91 15. ® Coastal Banks a. b. a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 1g. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.00c• rev.311/05 Page 3 of 9 Massachusetts Department of Environmental Protection DEP File Number: LF1 Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEPI "File Number #64-393 " nafcrm5 dw• rev.X1105 Page 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached space for additional conditions, select box to attach a text document wpaform5.dm• rev.311I05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for p g p y additional conditions, select box to attach a text document ❑ wpaform5.dm• rev.3/1/05 Page 6 of 9 I, Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 5/12/05 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: 4 This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed hand delivered at the same time to the appropriate Department of Environmenta o action Regions ffice, if not filing electronically, and the property owner, if different from applican Signature �— Notary Acknowledgement Commonwealth of Massachusetts County of s 2 X On this 1,2 of Day Month Year Before me, the undersigned Notary Public, personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were J ,c, rit/4 A0AAi Description of vidence of i ntification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of /" Conservation Commission City/Town '42, nature of Notary Public Printed Name f Notary Public ' Place notary seal and/or any stamp above 61S!ot`9 � "/ My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on 5/26105 Date Date wpafo=5.doc• fev.311/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order,or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpafc m5.doc• rev.311/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-393 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 78 Leavitt Street #64-393 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpafom5.dm• rev.311105 Page 9 of 9 Attachment to Order of Conditions# 64-393 Page;1'of S, SALEM CONSERVATION COMMISSION DEP FILE #64-393 78 Leavitt Street Palmer Cove Yacht Club City of Salem, Massachusetts ADDITIONAL FINDINGS This parcel does not include habitat of rare wildlife,nor does it contain certified vernal pools, according to the June 1, 2003 Map of Estimated Habitats of Rare Wildlife and Certified Vernal Pools, published by the Massachusetts Natural Heritage and Endangered Species Program. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. This Order permits maintenance of an existing seawall by installing corrugated sheeting over the face of existing timbers. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety (all 5 pages)at the Essex Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property; and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-393,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: Attachment to Order of Conditions N 64-393 Page 2of S (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 8. If there are conflicting conditions within this Order, the stricter condition(s) shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Plan Palmer Cove Yacht Club (Sheets 1-6) Sheet Pile Plan Title March 30, 2005 Dated David B. Vine Signed and Stamped by City of Salem Conservation Commission On file with 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the Attachment to Order of Conditions# 64-393 Page 3of 5 buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a PRE-CONSTRUCTION MEETING between the project supervisor, the contractor responsible for the work,,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted, if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978) 745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be_hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two months, a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, Attachment to Order of Conditions X 64-393 Page 4�of 5 exposed surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps, slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (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; Attachment to Order of Conditions# 64-393 Page 5,of 5 (b) Locations and elevations of all stormwater management conveyances, structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to, all buildings, septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling, excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. All machinery used on site and within the resource area shall be equipped with emergency spill kits. Massachusetts Department of Environmental Protection Provided by DER �.� Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): -1 Ej LecLo ,-r ST $QctM Nt4 • 0 / 9 90 a. Street Address b. CityrTown c.Zip Code Latitude and Longitude: d. Latitude e.Longitude .I L/ Ge•r- `/S 0 f.Assessors Map/Plat Number g. Parcel/Lot Number Important: When filling out 2. Applicant: / forms on the ��/0?-eA J Cove Y"4'1L computer, use a. First Name b.Last Name 1c.Company only the tab key to move •7 8 (.�a T r T your cursor- d. Mailing Address do not use the SAt.eM M4 c /9o0 return key. e. City/Town f. State g.Zip Code � h.Phone Number i. Fax Number j. Email address 3. Property owner (if different from applicant): ❑ Check if more than one owner �� -9AMt a. First Name b.Last Name c. Company d. Mailing Address Note: Before e.City/Town f. State g.Zip Code completing this form Consult In. Phone Number i. Fax Number j. Email address your local Conservation 4. Representative (if any): Commission q�� M. �i n. 1 Mc MA Ma r- regarding any a. Firm municipal bylaw S A M+ or Ordinance. b.Contact Person First Name c.Contact Person Last Name d.Mailing Address r,Ar oy90y e.CityrT wn I.State g.Zip Code 7R/ S8I /o /o 78/ Y?913 7� h.Phone Number i.Fax Number j. Email address ❑ Select if 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): you want to see Wetland Fee Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid Form. 6. General Project Description: !'1s �4 d �Nf'9'�'.!. 6X/J•f�^•Y Stawa /� 61 IN J'f4/l ^9 c� 60 R td Aefz � t r .� ,� s 4u 4 wofowldm•rev.311/05 Page 1 of 6 Massachusetts Department lof Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture— cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: X'sseX Sr t i3a a.County c. Page Number p„K 31 0 '7 jc ./3 3 b.Book d. Certificate#(if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes If yes, please answer Question 10 below, then skip to Section C. b. No If no, check the resource areas to be affected by this project in Section B. 10. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. No b. ❑ Yes If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance,whichever is later. wpaWm3.8oc•rev.311MS Page 2 of 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number LEI WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town B. Resource Area Effects Buffer Zone Setback If the project involves only work in the buffer zone, the distance between closest project disturbance and the ❑ BVW ❑ inland bank®coastal resource area (check one)associated with the buffer zone is: Go41T'q/ Ti linear feet Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any) Include your document transaction a. ❑ Bank 1.linear feet 2.linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet -upplementary Waterbodies and formation you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e.❑ Isolated Land Subject -- -- - -- - - - - to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area Name of Waterway(if available) 1. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 2. Total area of Riverfront Area on the site of the proposed project: square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feel between to0 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpafa 3.dm•rev.Y1/05 --. - -. __ Page 3 of s _ Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Cityrrown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Size of Proposed Alteration Proposed Replacement (if any Include your document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1. Square feet your receipt 2 C A o page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2. Cubic yards beach nourishment e. ❑ Coastal Dunes 1. Square feet 2.Cubic yards dune nourishment f. Coastal Banks 9 i 1.Linear feet g. Rocky Intertidal Shores 1. Square feet h. ❑ Salt Marshes 1.Square feet 2. Sq It restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. q Yes ❑ No If yes, describe which limited project applies to this project: 3 /o G. M, R. /a. 1y b.Limited Project M4,r,7A&4 LA- /e'/04;A wpafo ldm•rev.311105 (� Page 4 of B 'kit1 .1 +Ad PA!dl�ro A1• 0rV �/�/ �87 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town C. Bordering Vegetated Wetiand Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects e. ❑ Hydric soil indicators affecting other 'esource eas, please f. ❑ Credible evidence of conditions prior to disturbance attach a a. b. narrative 5. Other resource areas delineated: explaining n the resourceow D. Other Applicable Standards and Requirements area was -_._._.. „ - -_ _In _ _ . .__. . - delineated. f.� is any por�on of the proposed protect located m estimate�"Fiabitat as indicated on the n-o sif recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes E� No If yes, include proof of mailing or hand delivery of NO] to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive b.Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? [� Yes❑ No If yes, include proof of mailing or hand delivery of NO[ to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ❑ Not applicable-project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El Yes 5 No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpa/orm3.Eac•rev.311/05 Page 5 of 9 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act (M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes P§ No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes �a No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes [ No b. If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: NO P ORM. Q-rcR C('W.Aq• .ec{ iv I 'J frNI U.Scx '9 e4 -A '' At � 46, /1Jg7'.e.. /!/fCC —eq R 41r -4*2 /G , E. Additional Information dd 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. E4 USGS or other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) z. N Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). a. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. s. ❑ Attach NOI Wetland Fee Transmittal Form s. El Attach Stormwater Management Form, if needed. wpafomildw•rev.311105 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and NOI Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 1. Municipal Check Number 2.Check date 3.State Check Number 4.Check date 5. Payor name on check: First Name 6. Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made in writing by hand delivery or certified mail rn receiptjj��qQd to all abutters within 100/feet of the property line of the project location. Si nature of Applicant Date 9/M 2 R s• ! d v l rQ` -/-- e/H Z;N C c(l/f ign a of Property Owner afferent) Date / 57//iJ Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the Not Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpatorm3 Eoc-rev.3/1105 Gage 7 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Acants Colrain Hampden Monroe Pittsfield Tydngham 436 Dwight Street Agavram Conway Hancock Montague Plainfield Wales 9 Afford Cummington Hatfield Monterey Richm.d Ware Suite 402 Amherst Dolt. Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfiew Deenield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandis4eld Wendell Belchertown Fast Longmeadow Roland New AsMpd Savoy Westfield Fax: 413-784-1149 Bemwdst. Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shueesbury West Stockbndge Buckland Gill Lee Northampton Southampton Whately chedenonl Goshen Lenox Northfield South hadley Wilbraham Cheshire Granby Levereh Orange Southwitlk Williamsburg Chester Granville Leyden Ofis Spmngfield Wlliamowm st Chesterfield Great Bamngton Longmeadow Palmer Stockondge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley MlddlefiNd Peru Tolland DEP Central Region Anon Charlton Hopkinton Millbury Rutland uxbndge 627 Main Street Ashbumham Clinton Hubbardston Millville Shine, Wanen Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Amd Dudley Haliston NoMborough SwIlhMough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster NoMbndge Soulhbddge West Boyston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bame Fitchburg Leominster Oakham Starting Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westmmster Berlin Grafton Lunenburg Paxton Sturbridge Wnchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bob. Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mend. Princeton Tyngsborough Brookfield Hopedale Mlffond Royalslon Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisea Provincetovm Tsbury 20 Riverside Drive Awshnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Hall New Bedford Rochall weaft"t Phone:508-946-2700 Barnstable Eastham Hanover North Alfleoorough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westpon Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 arewster Edganown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham - Brockton Fall River Mansfield Pembroke Somerset yamnouth Carver Falmouth Man. Plainville Stoughton Chatham Foxborcugh Marshfield Plymouth Swansea Chilmar, Franklin Mashpee Plympl. Taunton DEP Northeast Region Amesbury Chelmsford Hingham Mamma: Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Catchier Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Roakporl Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverty Dover Lincoln Natick Salem Weeram TDD:617-574-6868 Billerica Baal Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburypon Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-Tho-Sea Norfolk Stoneham Wilmington Burlington Gl.raster Marblehead North Andover Sudbury Wncrester Cambridge Grovetand Medfield Noah Reading swlampscod Wmhrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfied WpaformY.dm-DEP Addresses•rev.7/13104 Page lot 1 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab key to move a. First Name b. Last Name c. Company yourcursor- _ do not use the d. Mailing Address return key. e.City[Town f.State g.Zip Code rm h. Phone Number 2. Property Owner (if different): a. First Name b.Last Name c.Company d. Mailing Address e. City/Town f.State g.Zip Code h. Phone Number 3. Project Location: a. Street Address b.City(Town To calculate B. Fees_._ filing fees, refer to the category Notice of Intent (Form 3) or Abbreviated Notice of Intent (Form 4): fee list and examples in the instructions for The fee should be calculated using the following six-step process and worksheet. Please see filling out WPA Instructions before filling out worksheet. Form 3 (Notice of Intent). Step 1rrype of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpfo Idoc•NOI Wetland Fee Transmittal Font•rev.Y3105 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Step 5rrotal Project Fee: Step 6/Fee Payments: Total Project Fee: a.Total fee from Step 5 State share of filing fee: b. 1/2 total fee less$12.50 City/Town share of filling fee: c. 1/2 total fee plus S12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. c.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpafom,ldw•NOI Wedadd Fee Transmittal Form•rev:IW05 - -- Page 2 of 2 1. Notice of Intent File Fees Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Category Activities and Fees Category I (Fee for each activity is $110): a.) work on single family lot;addition,pool, etc.; b.) site work without a house, c.) control vegetation; d.) resource improvement; e.) work on septic system separate from house; f) monitoring well activities minus roadway; g.) new agricultural or acluacultural projects. Fee for each activity Category 2 ( is$500 :) g ry a.) construction of single family house; b.) parking lot; c.) beach nourishment; d.) electric generating facility activities; C.) inland limited projects minus road crossings and agriculture; £.) each crossing for driveway to single family house; g.) each project source (storm drain)discharge; h.) control vegetation in development; i.) water level variations; j.) any other activity not in Category 1,3,4,5,or 6; k.) water supply exploration. Category 3(Fee for each activity is$1,050) a.) site preparation(for development)beyond Notice of Intent scope; b.) each building(for development)including site; c.) road construction not crossing or driveway; d.) hazardous cleanup; e.) water supply development. Category 4 (Fee for each activity is $1,450) a.l each crossing for development or commercial road; b.) dam,sluiceway,tidegate (safety)work; c.) landfills operation/closures; d.) sand and gravel operations; e.) railroad line construction; f.) bridge; g.) hazardous waste alterations to resource areas; h.) dredging; i.) package treatment plant and discharge j.) airport tree clearing; k.) oil and/or hazardous material release response actions. Category 5(Fee is$4 per linear foot; total fee not less than$100 or more than$2,000): a.) work on docks,piers, revetments,dikes,etc. (coastal or inland). Category 6(Fee is$2 per linear foot; but not to exceed$200 for activities associated with a single family house of$2,000 for all other activities) a.) boundary delineations for Bordering Vegetated Wetlands. 2. Request for Determination of Applicability a.) Local filing fee only$25.00 Town of Dennis, MA, Municipal Landing. Constructed of SG400 Vinyl Sheet Piling. f Project completed April, 2001. r II � !Ip 44 .Se >'" f M• + 4 q pu..... � �• aQC yry - A .h • .. T .,f •v k :1 7 G i T a. .fr { ` LAW OFFICES OF MICHAEL E. MCMAIMN- ATTORNEY AND COUNSELOR AT LAW 583 Chestnut Street,Suite 10 9 Digby Lane Lynn,Massachusetts 01904 Gloucester,Ma 01930 Tel.:(781)581-1010 Tel.:(978)283-1919 Fax: (781) 595-1376 November 7,2005 Mr.Frank Taormina Conservation Agent Salem Conservation Commission 120 Washington Street Salem, MA 01970 Re: Permit—Maintenance of Seawall Pahner's Cove Yacht Club 78 Leavitt Street,Salem,MA 01970 D.E.P.#64-393-78 Dear Mr.Taormina: I am writing to update you on the progress of the work, as well as to notify your office of a change in construction design which has been necessitated by site conditions. Since the Order of Conditions was issued Palmer's Cove Yacht Club, the selected contractors have reviewed actual site conditions which were previously hidden by the existing bulwarks and timber decking. Due to the substantial size of rocks which are behind the bulkhead, the use of helical anchors will be impractical as they will be unable to penetrate the existing rock fill. Therefore, the contractor has proposed that the vinyl sheet wall be supported/retained by a more traditional vertical pile system which would be supplemented by a single buried anchor. 1 am enclosing October 25, 2005, correspondence from Baker Designs with modified sketches. I believe that this proposal conforms with the approved parameters of the Order of Conditions insofar as: 1. The vinyl sheet corrugation wall will be installed exactly as proposed. 2. The exterior green heart pile supports will not be substantially different than the existing vertical pilings. 3. The batter piles will be removed as per the initial proposal. 4. The modifications do not have any additional impact on the resource area nor will they modify the project's effect on surface water and, as per the original design, will eliminate the upland flow of groundwater into the salt water of the harbor. Please contact me immediately should you have any concerns regarding these modifications. Very truly yours, Michael E. McMahon MEM/kllt Y 'n MAIN BUILDING BUDDING ADDITION 4'-2' UNITS OF EIOSTO0 BATTERED PILING EWSTING TOURER 1 — 1'-10' SOLDIER BULKHEAD LIMIT MIT 0r FILJNC NEW 'EMSTING SHEATING CAR TIMBER CURB TOP O WALL SON ME ELEV. 13.1 APRON 7 I POE CUTOFF 3 ;K 3e10 INSIDE WALFR ELEV. 120 Y r _ Xoo OREENHEART 12i12 GRfl71HEART WALFA DEADPAN (CR EOUAL) m (CONTINUOUS BEAM) j II TIEBACK gg tti,, ELEV. 10.1 T' Z MEAN NIGH WATER 7 (7 DE ROD O 9'-0' O.C. ELEV. 9.5 A39 HOT DIPPED } Z GALVANIZED ALL 12' GREEMNEART FILE R H THREAD. O 9'-0' O.C. E II 3 D 1B-D•* II LOWER WATER II EVSnNG BATTER FILE AND II BRACE TO BE REMOVED I y mAPPROOMATE E7ESRNG . .. m GROUND n Z EMSTING TIMBER II v BULKHEAD II A II CRUSHED STONE s -u -u Oo r E%ISONG NA SOLDIER FIlE SHOREWARD m 9S0 VINYL SHEET > 0 r m m f(l D N C7 Z_ D O Z = Alm it Z 0z� i TOE OF SHEET ELEV. -4.9 17- CD a 9y p TOE OF PILE ELEV. —15.0 ♦ r Naw Stvle Vinvl Bulkhefld a Nexi9WMPoipmlaEv.ay.ew.•x Ao•n6xtlWV Maritime Conatruction and Engineering Plwea(•ea)♦So- Sl F.(int)•a•a Pro'ect: Palmer Cove Yacht Club ameN av 9 a ate rep 9 a 06 Sce e • 1 EEL f ONIt 4 c � n r .YMV, • 1 � 1 ' 1 . "1 1" 1. 1 • 111 '1 � i _ . 1 t .J Frank Taormina From: Marc Winder[swains@gis.net] Sent: Tuesday, September 06, 2005 9:39 AM To: Frank Taormina Cc: Robert Connors Subject: Re: Palmer Cove YC Bulkhead Project Frank, Thanks for your reply. At this time we are not prepared to submit a Notice of Project Change for this Sept. 8th meeting of the Conservation Commission. We are still in the process of researching and analyzing what will best work for our project. Our site is presenting us with some difficult challenges. We are working towards being ready for your next meeting on Sept. 22nd. We will be in touch with you well in advance of that meeting. Thank you Frank for all your tireless help. Marc Winder for the Palmer Cove Yacht Club On Monday, August 29, 2005, at 10:02 AM,Frank Taormina wrote: Marc, Just wanted to remind you that the next Conservation Commission Meeting is on Sept. 8th. If you want to be on that agenda for the September 8th meeting I need you to forward me seven (7) copies of a Notice of Project Change by next Monday, at the latest. The notice should include the applicants name, project address,DEP number(#64-393), and an explanation of the project change---An additional copy should be sent to DEP as well: The Commonwealth of Massachusetts Department of Environmental Protection Northeast Regional Office 9/6/2005 3 �r Frank Taormina From: Frank Taormina Sent: Monday, August 29, 2005 10:03 AM To: 'Marc Winder' Subject: RE: Palmer Cove YC Bulkhead Project Marc, Just wanted to remind you that the next Conservation Commission Meeting is on Sept. 8th. If you want to be on that agenda for the September 8th meeting I need you to forward me seven (7) copies of a Notice of Project Change by next Monday, at the latest. The notice should include the applicants name, project address, DEP number(#64-393), and an explanation of the project change---An additional copy should be sent to DEP as well: The Commonwealth of Massachusetts Department of Environmental Protection Northeast Regional Office One Winter Street, 5th Floor Boston, MA 02108 At the meeting, the commission will determine whether the change is minor and the project can move forward, that you request or correct or amend the existing Order of Conditions, or that the change is substantial enough to warrant a new Notice of Intent filing. If you have any questions, please don't hesitate to call me directly. Frank Taormina, Planner/Conservation Agent Department of Planning &Community Development 120 Washington Street Salem, Massachusetts 01970 Tele: 978.745.9595 x311 Fax: 978.740.0404 ftaormina@salem.com www.salem.com -----Original Message----- From: Marc Winder [mailto:swains@gis.net] Sent: Wednesday, August 17, 2005 2:55 PM To: F-Faormina@salem.com Subject: Palmer Cove YC Bulkhead Project Hi Frank, We are proceeding with our project and have selected a contractor who we are confident will do a fine job for us. We are still hoping to begin construction this Fall. We have, however, run into a small problem regarding the helix anchor tieback system our engineer has specified. It seems that the rubble stone backfill behind the existing bulkhead could be a problem for this type of anchor being installed successfully and as well as for 1 ra other anchor/tieback systems we have researched/investigated as alternative solutions to the helix. Our contractor who is also a licensed marine engineer has suggested a solution to this possible dilemma. He is recommending a traditional "Navy Wall". We would still install vinyl sheet piling and wales, as originally designed, immediately in front of the existing bulkhead but instead of tieback anchors secured to wales for support for the sheet piling, we would install soldier piles directly in front of the sheet piling and wales to act as support. This is in fact very similiar to what we now have in front of the club. I have enclosed a picture of a Navy Wall under construction as an example of what I am trying to describe (please ignore the rubble in front of the wall in the picture which is still being worked). Nothing has been decided; but I was hoping to get your reaction to our considering a small modification to our original design. We would not be going any further out from our existing wall. I believe there are some examples of this type of bulkhead construction in Salem off Derby Street. We very much want this new bulkhead to be a successful installation AND to last!!! Marc Winder 781.665.2580 swains@gis.net 2 Frank Taormina From: Marc Winder [swains@gis.net] Sent: Wednesday, August 17, 2005 2:55 PM To: FTaormina@salem.com Subject: Palmer Cove YC Bulkhead Project U DSCF0003a.3PG ATT151015.txt Hi Frank, We are proceeding with our project and have selected a contractor who we are confident will do a fine job for us. We are still hoping to begin construction this Fall. We have, however, run into a small problem regarding the helix anchor tieback system our engineer has specified. It seems that the rubble stone backfill behind the existing bulkhead could be a problem for this type of anchor being installed successfully and as well as for other anchor/tieback systems we have researched/investigated as alternative solutions to the helix. Our contractor who is also a licensed marine engineer has suggested a solution to this possible dilemma. He is recommending a traditional "Navy Wall". We would still install vinyl sheet piling and wales, as originally designed, immediately in front of the existing bulkhead but instead of tieback anchors secured to wales for support for the sheet piling, we would install soldier piles directly in front of the sheet piling and wales to act as support. This is in fact very similiar to what we now have in front of the club. I have enclosed a picture of a Navy Wall under construction as an example of what 1 am trying to describe (please ignore the rubble in front of the wall in the picture which is still being worked). Nothing has been decided; but I was hoping to get your reaction to our considering a small modification to our original design. We would not be going any further out from our existing wall. I believe there are some examples of this type of bulkhead construction in Salem off Derby Street. We very much want this new bulkhead to be a successful installation AND to lastT Marc Winder 781.665.2580 swains@gis.net 1 r f c J. t