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64-384 - 43-45 MARCH STREET - CONSERVATION COMMISSION ® �i o _ �u.- - _...nental Protection DUreau Ot Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 84 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Po3dedbyDEP A. Project Information Important: 1 This Certificate of Compliance is issued to: IIIIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII When filling out p 1 forms on the Michael and Nancy Ry iel 2008022200042 807544 P 9� computer, use Name 02/22/2008 10:09:00 OTHER Pg 1/4 only the tab key to move 703 Lowell Street your cursor- Mailing Address do not use the Peabody MA 01960 return key. Citylrown State Zip Code Q 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Michael and Nancy Rygiel Name " January 27, 2005 64-384 Dated DEP File Number 3. The project site is located at: 43-45 March Street Salem Street Address City(rown 36 0220 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 23962 401 County gook Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December 12, 2007 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform So doe rev.711104 Page 1 of 4 :f' e`�pVLIP9r CtTAY OF SALEM CONSERVATION COMMISSION January 4, 2008 Michael and Nancy Rygiel 703 Lowell Street Peabody,MA 01960 Re: Certificate of Compliance—DEP #64-384— 43-45 March Street, Salem,MA Dear Mr. and Mrs. Rygiel: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Care�ues �- _ _ Conservation Agent/ Staff Planner Enclosures CQ DEP Northeast Regional Office Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-384 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 Michael and Nancy Rygiel computer, use Name only the tab key to move 703 Lowell Street your cursor- Mailing Address do not use the Peabody MA 01960 return key. Cityfrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Michael and Nancyyy�giel Name i January 27 2005 _ 64-384 Dated DEP File Number 3. The project site is located at: 43-45 March Street Salem Street Address Cityfrown 36 0220 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 23962 401 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December 12, 2007 Dale B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform So doc-rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem December 20, 2007 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and ap opri a DEP Reyjgnal Office (Se ttachment). Signatures: 0 C wpa(orm eb.doc•rev.V13104 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 20 December 2007 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, M. Blier, 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 Conservation Commission City/Town t',AREY A.DUOUE NOLWY bMCamliWan testa I$ =1t 0017 Signature f Notary Public Carey . Duques Printed Name of Notary Public August16 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform eb.doc•rev.7/iT04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 43-45 March Street 64-384 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: Michael and Nancyy R iel 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.doc•rev.7113/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tydngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cumminglon Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Manson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell 8elcherl East Longmeadow Holland New Ashford Savoy WestOeld Fax:413-784-1149 Bernardi Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Ervin, Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge Suckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sundedand Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chadian Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston MiWile Shiley Women Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Nodiblach gh Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbndge West Boylston Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Philllpston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dadmouth Freetown Mattapoisett Provinced re Tisbury 20 Riverside Drive Acushmd Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Well Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Nonce Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tali TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfeltl Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington. Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone: 617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Seven, Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billenca Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston eoxford Everett Lynnfield Newburypart Sherborn 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 Carlisle Haverhill Melrose Peabody Topsfield wpaform8b aoc•DEP Addresses•rev.12119/07 Page 1 of 1 y +.l a � , W , ,i�}� i11��k ✓ +�}111$IITyy'��i 1 lye' �U yy 9 1G � � «41 M k i U / f y: �f r7 -1 M,�ii .. �hl�YD, t h i� h n r va , ji A +�h, 5 9 � i ,1 1. fiy i, -� v if 4Il ✓ I� � �Y��1�Y,��h�p4 j a.: t kit , I�i�:df � k I�s ; ,i �• l �p I flip- ' I{, ,"► Y, .� 1 x r1 fir ` •., �`f�f}u11��}y �A ^� { }`'f �'�i��r�I1�I �i�`y��l){t`��t,�11 t ,r, ��s''L .,•,3`. _ , ' �ti � '� till . , �� fptt�i�� ,�� ,a N MEL ? I 3� u• I r t �'•' r � ' Ir e 1 .t ..� �4 jry ' c j} Y 4f � � s e p xr. ti or r i PAX A I,,- 1. 4 i st AO it 141. bf Jr° f i l V ki Y� '. _ •�y� Z� • �� t `, M ill � EJ if t i}. •44 4b 11xi��1 1 s .. R' lot eP 3Y� � r INN y��f •ah, } 5 �SY'. � �� , �R �#f Tq�Plt� `�11• ! - �•._ .F ''j F(y. ii yf 4 �P S1 i ,. R., •�. � ,:-+d'srr .i _� f `�`'y7�fi aw��r� �� lPf�Pa!•.�+� ; � n r �'Sd•z +yam-y�'F � .�� z � . r5'�`��u# y al �s �J �' }. 1 .K • a � �f,,l. 'r ri M� ��( �u1�o- Y A , It , rr MM Ay rt, 'g}r vt t '�a �paT ni K 1 R t S g� t ��♦ . q ' » 4k ., Il�it ,Ili i �. f�'�rxr•a �n tF e + i.J,f � �s,�4 � "�t uR � ♦' -n{� ya roe - + 't? •$.x v f� x k •.L K � .a ,�� .. Sr f , •.o it F=+ e/ `R�. �'frft'� Mr v'•Y .�1 �.:. 4. •{f;, '�� .++6��"sY� /f�(� a ''Afl� Y�' � ♦ 'gy � F ��"4 � ��ya ~ f. t �� ,_?�, i:S„ r`#.�,?r1;w . '*�.t ♦� y,'�1wr?�'f�,.. �;a•"^ `�"¢. ., p � i�aM�ir�t" v��'�S�` §� ..>: f- ■ u� w A 1 > v ,t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance 'y' 385 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the A,eV 9Ec computer, use Name II only the tab key to move '7o 3 h otJEu.. ST your cursor- Mailin Address do not use theFig3o return key. City/Town State Zip Code 9�8 535 a3g8 r� Phone Number 2. This request is in refferrence to work regulated by a final Order of Conditions issued to: � renvn �ICII!/GZ /V4'.VC-'' EL- Applicant —� Dated 7 f DEP File Number Upon completion of the work 3. The project site is located at: Cc�' authorized in Y?.- /S /1°fW.R[j./ Si �JAc.er✓� an Order of Conditions,the Street Address City/Town property owner 34 LU-2-0 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance g y from the issuing authority stating Property Owner(if different) that portioe fthe 4- ?316Z AID / portion of the G work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform3a.doc•rev.7113/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands oEP File Number: WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byoEP 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. L� 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 Attachment). wPaformBaeoc•rev.7113/04 Page 2 of 2 �CO.'i01TAA CITY OF SALEM CONSERVATION COMMISSION December 3, 2007 Michael &Nancy Rygiel 703 Lowell Street Peabody, MA 01960 Re: DEP#64-384,—Repairs to Existing Concrete Structure and Rip Rap Slope—43-45 March Street, Salem,Massachusetts Dear Michael and Nancy Yg R iel: After review of your file it appears that you are in violation of the issued Order of Conditions#64-384. The Order of Conditions issued on January 27, 2008, indicates that repairs to an existing concrete structure and an extension of an existing rip rap slope was proposed and approved by the Conservation Commission at the above mentioned site. Please be advised that the Order of Conditions for the above referenced project will expire on January 27, 2008. If this project is complete,you should submit the required reports and Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this project has not been completed, than you must submit the a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to the expiration of the order, as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project. Please contact me at(978) 619-5685 if you have any questions. Sincerely, Carey Du es Conservation Agent/Planner Enclosures RECEIVED May 21, 2005 MAY 2 3 2005 Department of the Army DEPT. OF PLANNING& COMN1Uf ITY DEVELOPMENT New England District,Corps of Engineers 696 Virginia Rd. Concord, MA 0 1 742-275 1 Attn: Crystal Gardner Re: 45 March St Salem MA Dear Ms. Gardner, My apologies for the delay in responding to your letter of April 8,2005,(see attache4 as other events have demanded my time. After review of the MA Programmatic General Permit and the Guide for Permit Applicants that you provided with your letter,I believe my project complies with all requirements necessary to achieve a"Category 1 "designation. Specifically,under Appendix A, H.Navigable waterways,the Mass DEP has issued me a Chapter 91 license, see attached.In addition,I have also received an approved Notice of Intent, (also attached),with order of conditions, from the City of Salem Conservation Commission. I have reviewed the conditions described tinder the General Requirements and find that this project meets the requirements as stated.While the work area does fall within the jurisdiction of the Corps of Engineers,the smallness of the project combined with the fact that it poses little to no environmental impact qualifies the project for a non-reporting status. In summation,this project consists of the addition of approximately 490 square feet of stone rip rap below the high water mark. This work is necessary to structurally support the existing seawall that is in danger of failing without the added rip rap. The repair of the existing bulkhead involves 72 square feet below high water and is also required for structural reasons. Failure of the structure is inevitable in the immediate future if the work does not occur. It is important to note that the work is wholeheartedly supported by the Salem Con Com, and Building Dept. not only for the structural betterment,but also for the esthetic improvements that will occur as a side effect. As you may be aware,there is increased public interest and awareness in the resurgence of the North River. This work will enhance the shoreline appearance of the waterway. In closing,I would like to inform you that it is my interpretation of the documents you provided that this letter is the proper response,rather than completing an application form for a general permit. I sincerely hope that this is correct. Should you require substantiation of my compliance for a category I designation,please contact Mr. Frank Taormina, agent for the Salem Conservation Commission at 978 745-9595 x 311. Please notify me of your decision regarding this letter at your earliest convenience. naysMichael el c.c. F. Taormina, SCC III v = r DEPARTMENT OF THE ARMY ��'� %> NEW ENGLAND DISTRICT. CORPS OF ENGINEERS � I 696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751 REPLY TO ATTENTION OF: April 8, 2005 Regulatory Division CENAE —R-NA2005-383 Michael Rygiel 703 Lowell Street Peabody, Massachusetts 01960 Dear Mr. Rygiel: We understand you intend to construct and maintain stone riprap and maintain and existing bulkhead at 45 March Street in Salem, Massachusetts. It appears that this project may involve activities that require a permit from the Corps of Engineers. A Corps of Engineers permit is required under Section 10 of the Rivers and Harbors Act of 1899 for all work seaward of mean high water(MHW) in navigable waters of the United States. In New England, for purposes of Section 10, navigable waters of the United States are those subject to the ebb and flow of the tide and a few of the major waterways used to transport interstate or foreign commerce. Permits are also required under Section 404 of the Clean Water Act for discharges of dredged or fill material into all waters of the United States, including navigable waters, inland rivers,lakes, streams, and wetlands, as well as the excavation grading within these waterslwetlands. On the coastline our jurisdiction, extends landward to the high tide line (IITL) (i.e., the highest predictable tide) or to the landward limit of any wetlands, whichever is more extensive. In interior waters our jurisdiction extends landward to the ordinary high water (OHW) mark or to the landward limit of any wetlands, whichever is more extensive. Federal regulations define the term "wetlands" as "...those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions..." (Federal Register,November 13, 1986 33 CFR Part 328.3(b)), Wetlands generally include swamps, marshes, and bogs; however, forests and meadows that lack surface waters can also be wetlands. A wetland delineation done in accordance with the Massachusetts Department of Environmental Protection Handbook dated March 1995 is acceptable in most situations. You do not need to submit an application to us if your project meets all the terms and conditions of"Category I"in the enclosed Federal permit known as the Massachusetts Programmatic General Permit (PGP). An application is required if your project is in Category 2 or the Individual Permit Category (Category 3). See PGP, Pages 3 and Appendix A. Please use the enclosed ENG Form 4345 and reference your existing file number NAE 2005-383. Samples of the necessary plans are also enclosed. When preparing plans, please ensure that all pertinent features and labeling are legible. Please note that the authorizations referred to above must be obtained before any work or filling is done in areas subject to Corps jurisdiction. Performing such work or filling without first obtaining Corps authorization could result in substantial penalties. If you have any questions regarding this letter,please contact Tina Chaisson of my staff at (978) 318-8058, (800) 343-4789, or (800) 362-4367 within Massachusetts. �iiflts�r Crys 1. G er Chief, ermits & Enforcement Branch Regulat ry Division Enclosures Copies Furnished James Sprague, DEP Northeast Regional Office, Wetlands and Waterways, One Winter Street, 5`h Floor, Boston, Massachusetts 02108 Salem Conservation Commission, 1 Salem Greet, Salem, Massachusetts 01970 04/14/2005 04:27 19785355345 MICHAEL RVGIEL PAGE 02 ' N��II��I1�►�N��'��q��'366 NOE .,, 0y14911005 14 �bY �amatolnwettlttt lofa68�chttl�etts 10261 No. Michael Rygiei whereas, of -- Salem --, in the County of -- Essex - and Commonwealth aforesaid, has applied to the Department of Environmental Protection for license to -- extend and maintain stone riprap and repair and maintain an existing concrete bulkhead — and has submitted plans of the same; and whereas due notice of said application has been given, as required by law, to the -- Mayor and City Council -- of the -- City of Salem: --------- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, authorizes and licenses the said -- Michael Rygiel --, 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 -7 extend and maintain stone nprap and repair and maintain an existing concrete bulkhead -- in and over the waters of— North River— in the— City— of-- Salem --and in accordance with the locations shown and details indicated on the accompanying DEP Sketch License Plan No. 10261, (7 sheets). CITY OF SALEM m CONSERVATION COMMISSION January 31, 2005 Michael &Nancy Rygiel 703 Lowell Street Peabody, MA 01960 Re: Order of Conditions DEP #64-384, 43-45 March Street Dear Mr. & Mrs. Rygiel, Enclosed, please find the Order of Conditions for 43-45 March Street (DEP #64-384). Following the 10-day appeal period, this document must be recorded at the Essex County Registry of Deeds. Once recorded, please return a copy of Page 9 of the Order of Conditions, which will indicate to the Salem Conservation Commission that the document has been recorded. Please note that this project cannot begin until the you receive a Chapter 91 License from the Massachusetts Department of Environmental Protection. If you have any further questions or concerns, please feel free to contact me at 978-745- 9595 x 311. Sincerely, rank Tao ma Planner/C servation Agent Enclosures 120 WASH INGTon STREET, SALEM, MASSACHUSEM'S 01970 . TEL: 978.745,9595 FAX: 978,740,0404 . Www SA.f_%1 CUA1 \ Massachusetts Department of Environmental Protection B eau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' L4 A. General Information IIII II II II IIII' IIIIIIIIIIIIIIIIIIII Important: SALEM 2005021600098 W23962 Pg;401 When filling From: 1. Conservation Commission - out forms on 02116/2006 10:62:00 OTHER PS 1/12 the computer, 2. This issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions use only the - tab key to 3. To: Applicant: move your cursor-do not Michael & Nancy Rygiel use the return a. First Name b. Last Name c. Company key. 703 Lowell Street d. Mailing Address Peabody MA 01960 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.City/Town f.State g.Zip Code s. Project Location: 43-45 March Street Salem a.Street Address - b.Crty(Town 36 0220 _ c.Assessors Map/Plat Number _ - d.Parcel/Lot Number' Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) - - 20096 228=-- c. Book 7. Dates: 12/30/04 1/27/05 1/27/05 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): a. Plan Title ---- - -- - b. Prepared By c.Signed and Stamped by d. Final Revision Date e.Scale f.Additional Plan or Document Title - - - - g. Date _ 9. Total WPA Fee Paid: $288.00 $131.50 $156.50 a.Total Fee Paid b. State Fee Paid a CityfTown Fee Paid wpaform5 1oc- rev.1/31105 Page l of 9 Ir Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: SALEM When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Michael & Nancy Rygiel use the return a. First Name b.Last Name c.Company key. 703 Lowell Street d.Mailing Address m Peabody MA 01960 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.City/Town f. State g.Zip Code 5. Project Location: 43-45 March Street Salem a.Street Address b.City/Town 36 0220 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(if registered land) 20096 228 c.Book d.Page 12/30/04 1/27105 1/27/05 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): a.Plan Title b.Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s $288.00 $131.50 $156.50 . Total WPA Fee Paid: a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpafo=5.doc• rev.1131105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-364 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. El Bank a. linear feel b.linear feet c.linear feet d. linear feet 4. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wPWOM5.doc• rev.1/26/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ 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 8. ® Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet Sq ft between 100-200 ft e.s f.s square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b.square feet c.ou.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.dy nourishmt d.dy nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.dy nourishmt 14. ® Coastal Banks 18 18 a.linear feet b.linear feet 15. ® Rocky Intertidal 216 216 Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ® Land Subject to 294 294 Coastal Storm Flowage a.square feet b.square feet vvpaform5.doc• rev.1Y26/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 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" for, "MA DEP'J "File Number #64-384 " wpafo.5Aoc• rev.1/26105 Page 4 of L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions: If you need more SEE ATTACHED CONDITIONS space for additional conditions, select box to attach a text document wpaform5.doc• rev.126/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore, the hereby finds (check one that applies): Conservation Commission 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore work on this project may not o forward unless and until a revised Notice of Intent is P Y 9 submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 3. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ wpaform5doc• rev.1126105 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 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 1/27/05 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: 5 This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatur s: Notary Acknowledgement C Commonwealth of Massachusetts County of G SS On this Day of Month Year Before me, the undersigned Notary Public, Kevl h co/Adccki l /'' ee � Kc/ j �c%ry personally appeared Name of Document Signer &L'le pekc/r jC Ftir�Cr� proved to me through satisfactory evidence of identification, which was/were aerJo/�//y Khow✓1 Descn�n of evidencd 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 urpose. As member of Cityrrown� Conservation Commission � f ignature of Notary Public n /G anted Name of Notary Public 5 /l 1 CA Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on Xby certified mail, return receipt requested,on Fel, y� Zoo Date Date wpaform5.doe- rev.V26105 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state-clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order i e s 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. wpafcrm5.doc• rev.1/26/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-384 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. - ---------------------------------------I--------------------------------------- ---------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 43-45 March Street #64-384 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 wpaform&dcc- rev.1126105 Page 9 of 9 Attachment to Order of Conditions DEP#64-384 Page 1 of 4 Salem Conservation Commission SPECIAL CONDITIONS - DEP FILE #64-384 43-45 March Street, Salem, MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Corrunission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Conmrission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-384 and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. Attachment to Order of Conditions DEP#64-384 Page 2 of 4 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. hi conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site, the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. Attachment to Order of Conditions DEP#64-384 Page 3 of 4 23, Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans, and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps, asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash,construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21A, section 16. POST CONSTRUCTION 39. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,learned,and Attachment to Order of Conditions DEP#64-384 Page 4 of 4 seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction - conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. No machinery shall enter into the intertidal area seaward of the work or other wetland resource areas. 45. All machinery used to stabilize the existing bulkhead wall and riprap slope shall be equipped with emergency spill kits during the duration of the project. 46. This project is contingent on the approval and receipt of a Chapter 91 License from the Massachusetts Department of Environmental Protection. M Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number cityrrown A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): �,13 - yS MARc# 4S EALEM D 1970 a. Street Address b.City/Town c.Zip Code Latit4de and Longitude, if Known: d.Latitude e. Longitude 36 0 22 0 f.Assessors Map/Plat Number g.Parcel/Lot Number Important: When filling out 2. Applicant: forms on the /yJ/CNAEL RY&/EL only the tab computer, use a. First Name b. Last Name c.Company key to move 703 "WCu4— Sr your cursor- d. Mailing Address do not use the PEAASODY M4 1019too return key. e.City/Town f.State g.Zip Code 978-535-L388 9V S3S 0'45 /yJry 6/y81 a0l. LOM "Q h. Phone Number i. Fax Number j.Email a dress 3. Property owner(if different from applicant): L7 Check if more than one owner NANLy AYCr/EL a. First Name b. Last Name c.Company 23 1,0 ALL Sr d.Mailing Address Note: 10,0A&hY MA 0/9G0 Before e.City/Town f.State g.Zip Code completing this form consult h. Phone Number i. Fax Number j.Email address your local Conservation 4. Representative (if any): Commission regarding any a. Firm municipal bylaw or ordinance. b.Contact Person First Name c.Contact Person Last Name d. Mailing Address - e.City/Town I.State g.Zip Code h. Phone Number i. Fax Number j.Email address ❑ Select if you want to see 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): �y Wetland Fee �'P ao , Do Af/3/• /re. S. Transmittal a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid Form. 6. General Project Description: �Qe r fxisf�nu Canc-atL S*144 4M and CXh/1,sion 6-f PxfShna wi,aform3.doo•rev.07/13/04 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number 1. Cityrrown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture —cranberries, forestry i. ,❑ Transportation i. L f Other Alr4au/y _ /4C5/dCn�4 8. Property recorded at the Registry of Deeds for: esse'x a.County aoo 9� b. Book _ aa g c.Page Number d.Certificate#(if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal bank, coastal beach, coastal dune, or salt marsh? a. —❑ Yes If yes, skip to Section C. b. I✓ No If no, check the resource areas to be affected by this project, directly below. wpaform3.doe•rev.07/13104 Page 2 of 8 e: Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DeP File Number (1 WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Citylrown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Bank 1.linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on your receipt Wetland 1.square feet 2.square feet page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. E9" Riverfront area 1. Name of Waterway(if available): 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 1100 ft. - New agricultural projects only [� 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: 'IDGD sF " Square Feet 4. Proposed alteration of the Riverfront Area: z9 f sC' JA4 a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 20ryft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes rJf/No 6. Was the lot where the activity is proposed created prior to August 1, 1996? T(Yes❑ No wpaform3.dac•rev.07/13/04 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - (Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City(rown B. Resource Area Effects (continued) 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page) with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2. Cubic yards dune nourishment c Coastal Banks t. Linear et g. Rocky Intertidal Shores Z.16 1.Square feet h. ❑ Salt Marshes 1.Square feet 2. Sq ft restoration,rehab., or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2. Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Zq+ 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 310CMMR 10.53? a. ❑ Yes g No If yes, describe which limited project applies to this project: b.Limited Project wpafornrldoc•rev.07/13104 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent l` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Cityrrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: i, ❑ 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 affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was D. Other Applicable Standards and delineated. PP Requirements 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes Z No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 1216- 4 Z b. Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line in a fish run? Ly Yes❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ❑ Not applicable —project is in inland resource area only wpaform3 doc•rev.07113/04 Page 5 of 8 ice rAl ru Ir Ln ^. a � � � •gy y�YyA �Y � 'tea� +3PP 4 fwn A ""k &eH !isx -� Postage 3 "y, Tit- 0q11 I- v,.. -m E3 Cediiied Pee - p " - �.., Postmark Return HecieGt Fee (£ndcrsamant Requfeo) Here p Resticted Delivery Pez 7 7 ` ill (Endorsement Required)- ' L 7 ' I�i2Y{':7 M.A.i1,TF m '-� Total Postage 3 Fees yQ Se99�/- . " " /VlG r7n1 r7s/�C�1'�I - .... ' ------------...................-------------- r� Street,AWK or Po Box No Na.; ._. pV5 �K U;S(?L�>r CJ'1 cJU.�----City. F 4 �57niU /-y WUNITED S]G1TES ROSM S- E W EE ***** WELCOME TO ***** SALSALEM MA EMOS01970IOFFCE 9998 12/17/04 11:50AM Store USPS Trans 37 Wkstn SYS5002 Cashier KXNTFJ Cashier's Name rickRICHARD Stock Unit Id RICK PO Phone Number 1-BOOASKUSPS USPS # 2445930970 1. First Class 5 11 Destination: 02114 Postage Type; PVIO oz. Total Cost: 5.11 Base Rate: 1.06 SERVICES Certified Mail 2.30 70041350000361665928 Rtn Recpt (Green Card) 1.75 Subtotal 5.11 Total 5.11 Cash 5.11 I Number of Items Sold: 1 Windows closed? Need to mail a package or buy PoaCet P Satu4S00am0a5:00pmpmThankFYou Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/Town D. Other Applicable Standards and Requirements (continued) 3. Is any portion of theproposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes Q No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act( G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? document transaction a. ❑ Yes 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 regulati ns, 310 CMR 10.00. supplementary information you a. ❑ Yes 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 e o 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: - ";4'� h4l oPtA E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page) for any of the following information you submit to the Department. 1. z USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) z. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc•rev.07/13/04 Page 6 or 8 Massachusetts Department of Environmental Protection Provided by DER \ Bureau of Resource Protection - Wetlands DEP File Number l�1\ WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 city/Town E. Additional Information (continued) 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). Online Users: Include your 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. document 5. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. your receipt —/ pace) with all 7. L� Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary / information you a. 2Attach NOI Wetland Fee Transmittal Form submit to the Department. 9. ❑ Attach Stormwater Management Form, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and 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: //l 1.Municipal Check Number 2. Chec d}t 3. State Check Number 4.Che dat ly1c u,il jQ(Cr iEL 5. Paycr name on check:First Name 6.Payor name on check: Last Name wpaform3,doc•rev.07113/04 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by CEP: Bureau of Resource Protection - Wetlands DEP File Number T� WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number CltylTcwn 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. 1 , § 40. Notice must be made in writing by hand delivery or certified mail (return pt r ue ed) II abutters within 100 feet of the property line of the pro ct location. /2 it o Si ture f poll Date /;-P Signature of Iff 1;70y O ner(If di r t) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent (corm 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 NO[ 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. wpaform3.8oc•rev.07112104 Page 8 of 8 43-45 March St. Salem, NIA Property and project description The subject property is located at the furthermost westerly end of a point of land jutting into the North River approximately 400 yards south of the Salem/Beverly bridge, (Rte. IA). The property is bordered on two sides by tidal waters which rise and fall directly on an existing, 6 foot in height,stone and mortar wall, which itself is braced by a stone/concrete rubble rip-rap along the western boundary,(see attached photos). On this boundary as well, is a concrete and block structure which has been used for parking. The wall has been showing evidence of it's age, which could be 100 years from it's origin. No documentation has been found with the MA DEP or the Registry of Deeds that would help in determining any age estimates,however the wall is critical in the protection of the building and it's foundation, which itself is circa 1900. The rip-rap,which appears to have been placed since, is uneven in placement and insufficient in it's support of the wall. The first item of work for which this NOI is being submitted,is for the increase in size of the rip-rap placement.The proposed scope of work is detailed both in plan and profile on the attached sheets. The scope includes the increase in dimensions by two to five feet in distance further into the river at the toe of the existing rip-rap. The new rip- rap, comprising of evenly graded broken rock S"to 24" in size, would lay back on a slope equal to a 2:1 pitch and terminate just short of the top of wall. The finished work will restore the original purpose of the wall and vastly improve the aesthetic appearance over how it looks presently. The second item of work is the restoration and structural improvement of the concrete bulkhead,which abuts the work described in the previous paragraph. This work includes the forming and pouring of a new concrete wall and the infill with concrete of the void areas beneath the structure, (see attached cross section). This work will restore the structural integrity so parking may resume, ( parking use has been stopped until repairs are made), and again improve the overall appearance of the property along the riverfront. •MapQuest: Maps Page 1 of 1 Send To Printer Back to Mao 45 March St Salem MA 01970-2649 US ■ � I Notes: D i ................................................................................................ , r �t x'� �,: tA 4 _ 6 ,y a ,, o -�,20U4MepQueatcnm,{nc.;B�2bU4.NAV_f,ER.--�"'"''"�� NAVTEO II rights reserved. Use Subject to License/Coovrioht I Map Legend This map is informational only.No representation is made or warranty given as to its content.User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/maps/print.adp?mapdata jpKiSQRYVIgNOzgjTUpfYw7bDk... 1229/2004