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64-371 - 71 MARLBOROUGH ROAD - CONSERVATION COMMISSION I#6Y-001r nor- -7-1 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-371 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: 71 Marlborough Road Lot 6 64-371 Project Location DEP File Number Has been recorded at the Registry of Deeds of: CD un County for: othDmc H i I I "Rec A 5+ Property Owner and has been noted in the chain of title of the affected property on: ID- '7aa5 a 59 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 vvpaform Bb.doc•rev.7/13/04 Page 4 of 4 I vo CITY OF SALEM CONSERVATION COMMISSION September 18, 2007 Paul DiBiase PO Box 780 Lynnfield,MA 01940 Re: Certificate of Compliance—DEP#64-371—71 Marlborough Road Lot 6, Salem, MA Dear Mr. DiBiase: 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, Carey Duques Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-371 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 Osborne Hills Realty Trust computer, use Name only the tab p0 Box 780 key to move your cursor- Mailing Address do not use the Lynnfield MA 01940 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: ,r Osborne Hills Realty Trust ® Name a�4 June 24, 2004 64-371 Dated DEP File Number 3. The project site is located at: 71 Marlborough Road (Lot 6) Salem Street Address City/Town Map 9 Part of Lot 1 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 17338 313 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 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 b the ❑ Y Y P 9 9 Y 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 8b.doc•rev.7/1 T04 Page 1 of 4 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-371 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 September 13, 2007 Conservation Commission Date of Issuance This Certificate mus a signed by a majority the Conservation Commission and a copy sent to the applicant and a ro late egional Offi (See Attachment). Signatures: wpalorm Bb.ex•rev,7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection - Bureau o Resource Protection - Wetlands DEP Pile Number; WPA Form 8B — Certificate of Compliance 64-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cunt.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 13 Of September 2007 Day Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, M. Blier, and K. Glidden, 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 Citylrown WW3 Signature of tary Public Carey R. D ques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform eb.dw•rev.7/13104 Page 3 014 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-371 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: 71 Marlborough Road Lot 6 64-371 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform Wdcc•rev.7113/04 Page 4 of 4 BUilding fine lionies and residential C0111111LInities for over 50 years . Difflh,,e April 10, 2007 RECEIVED Mrs. Carey Duques, Conservation Agent APR 1 1 Z007 Salem Conservation Commission 120 Washington Street,3rd floor DEPT.OF PLANNING& Salem, MA 01970 COMMUNITY DEVELOPMENT RE: DEP#64-371 Lot#6, 71 Marlborough Road Osborne Hills Sub-division Salem, MA Dear Mrs. Duques; Enclosed, please find a decision from the Department of the Army relative to the isolated wetland for the above referenced location. The decision concludes that the wetland adjacent to this property is non jurisdictional. Therefore,it is our position that the order of condition for the location does not need to be renewed. Please let me know if you are of the same opinion. Thank you in advance for your cooperation in this matter. Yours truly, Paul DiBiase 119C DiBiase Corporation Cc via fax: Chris Mello,Eastern Land Survey PD/lc P.O. Box 780 • Lynnfield, MA 01940 P. 781.334.9899 • F. 781.334.0111 www.dibiasehomes.com info@dibiasehomes.com DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS f'1 - 696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751 • J / REPLY TO ATTENTION OF: August 10, 2006 Regulatory Division CENAE-R-PEA File Number: NAE-2006-2095 Mr. Paul DiBiase Osborne Hills Realty Trust P.O. Box 780 Lynnfield, Massachusetts 01940 Dear Mr. DiBiase: This letter responds to your request for a determination of jurisdiction for wetlands areas located on a site known as Osborne Hills in Salem, Massachusetts. Kevin Kotelly, P.E., of our Regulatory Division conducted an office review of the site using the following information: 1. "Definitive Subdivision Plan, Osborne Hills, Salem, Massachusetts, Existing Conditions Plan," dated June 12, 2006. 2. USGS Quadrangle from MassGIS dated 1985. 3. Aerial Photograph from MassGIS dated 2001. During this review, a wetland area located on the eastern edge of the site labeled as Wetland "G", was reviewed for potential jurisdiction. This wetland is isolated with no defined inlet or outlet. It is not hydrologically connected to an other wetland area s. Wetland"G" ha s no adjacent, bordering, contiguous or neighboring waters or wetlands at the site. Wetland"G" is clearly non-navigable, isolated and intrastate. In this particular case, there does not appear to be a reasonable nexus with interstate commerce. Also, the use, degradation or loss of this wetland will not affect other waters of the United States or affect interstate or foreign commerce. This wetland should not be considered a water of the United States. Pursuant to Section 404 of the Clean Water Act, this office regulates only waters of the United States, including non-tidal wetlands. The delineation of the isolated Wetland "G" on the drawing you submitted entitled, "Definitive Subdivision Plan, Osborne Hills, Salem, Massachusetts, Existing Conditions Plan," dated June 12,2006, is accurate. This jurisdictional determination does not confirm the delineation accuracy of any other waters of the United States, including jurisdictional wetlands, on the drawing. Our verification of this project's wetland delineation under the January 1987 Corps of Engineers Wetlands Delineation Manual is valid for a period of five years from the date of this letter unless new information warrants revision of the determination before the expiration date. -2- The Corps of Engineers has implemented an administrative appeals process for jurisdictional determinations, permit denials and proffered permits whose terms and conditions you object to. A combined Notification of Appeal Process (NAP) and Request for Appeal (RFA) form and flow charts explaining the appeals process and your options are enclosed with this letter. However, in order to retain your right to appeal, you must submit the enclosed NAP form. within 60 days of this letter's date. For appeals of permit denials, proffered permits and approved jurisdictional determinations, you must complete Section II of the NAP form ("Request for Appeal") and submit it along with any supporting or clarifying information to me, Regulatory Division Chief at 696.Virginia Road, Concord, Massachusetts 01742. Direct questions regarding the Corps of Engineers appeals process to Ms. Ruth Ladd, Chief,Policy and Technical Analysis Branch at (978) 318-8818 or at the above address. In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. It is not necessary to submit an RFA form to the District Office if you do not object to the permit decision in this letter. Enclosed to this letter is a form explaining the basis for our jurisdictional determination. If you have any questions please contact Kevin Kotelly, of my staff, at(978)-318-8703. Sincerely, Jo . De sta Enclosures Chief, Regulatory Division Copy furnished: Mr. Michael D. Howard, Epsilon Associates, Inc., 3 Clock Tower Place, Suite 250, Maynard, Massachusetts 01754 • JU1VpL11.11V1\ML LL' 1L`N\1L\AftVl\ pUVISOu O/IJIVV U.S.Army Corps of Engineers DISTRICT OFFICE: New England District FILE NUMBER&APPLICANT: NAE-2006-2095,Osbome Hills Realty Trust PROJECT LOCATION INFORMATION: State: Massachusetts County: Essex Center coordinates of site(latitude/longitude): LaC 42.5083480677/Lon:-70.9279570302 Approximate size of area(parcel)reviewed,including uplands: 162 acres. Name of nearest waterway: Strongwater Name of watershed: Charles River,Massachusetts JURISDICTIONAL DETERMINATION Completed: Desktop determination - Date: August 10,2006 Site visit(s) Date(s): Jurisdictional Determination(JD): Preliminary JD-Based on available information,❑there appear to be(or)❑there appear to be no"waters of the United States"and/or"navigable waters of the United States"on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD—An approved JD is an appealable action(Reference 33 CFR part 331). Check all that apply: }There are"navigable waters of the United States"(as defined by 33 CFR part 329 and associated guidance)within the reviewed area. Approximate size of jurisdictional area: M There are"waters of the United States" (as defined by 33 CFR part 328 and associated guidance)within the reviewed area. Approximate size of jurisdictional area: There are "isolated, non-navigable, infra-state waters or wetlands"within the reviewed area. IM Decision supported by SWANCCRAigratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as"navigable waters of the United States": TI' The presence of waters that are subject to the ebb and flow of the tide and/or are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a)as"waters of the United States": (1)The presence of waters,which are currently used,or were used in the past,or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (2)The presence of interstate waters including interstate wetlands. s' (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats, sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation or destruction of which could affect interstate commerce including any such waters(check all that apply): ❑ (i)which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ (ii)from which fish or shellfish are or could betaken and sold in interstate or foreign commerce. ❑ (iii)which are or could be used for industrial purposes by industries in interstate commerce. El (4)Impoundments of waters otherwise defined as waters of the US. Nit (5)The presence of a tributary to a water identified in(1)—(4)above_(6)The presence of territorial seas. (7)The presence of wetlands adjacem?to other waters of the US,except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination(applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States,describe connection(s)to the downstream navigable waters. IfB(1)or•B(3)is used as the Basis of Jurisdiction,document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is navigable and/or hoiv the destruction of the waterbody could affect interstate or foreign commerce).IfB(2, 4,5 or 6)is used as the Basis of Jurisdiction,document the rationale used to make the determination.JfB(7)is used as the Basis of Jurisdiction,document the rationale used to make adjacency determination: 2 Lateral Extent of Jurisdiction:(Reference:33 CFR parts 328 and 329) ``. Ordinary High Water Mark indicated by: Ef, High Tide Line indicated by: ❑ clear,natural line impressed on the bank ❑ oil or scum line along shore objects ❑ the presence of litter and debris ❑ fine shell or debris deposits(foreshore) ❑ changes in the character ofsoil ❑ physical markings/characteristics ❑ destruction of terrestrial vegetation ❑ tidal gages ❑ shelving ❑ other: ❑ other: Mean High Water Mark indicated by: ❑survey to available datum; ❑physical markings;❑vegetation lines/changes in vegetation types. Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by: Basis For Not Asserting Jurisdiction: The reviewed area consists entirely of uplands. Zit Unable to confirm the presence of waters in 33 CFR part 328(a)(1,2,or 4-7). 0 Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States: ❑ Waste treatment systems,including treatment ponds or lagoons,pursuant to 33 CFR part 328.3. ❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased. ❑ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or rice growing. ❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ❑ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ® Isolated,intrastate wetland with no nexus to interstate commerce. ❑ Prior converted cropland,as determined by the Natural Resources Conservation Service.Explain rationale: ❑ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ❑ Other(explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION(mark all that apply): Maps,plans,plots or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. ❑ This office concurs with the delineation report,dated , prepared by(company): ❑ This office does not concur with the delineation report,dated prepared by(company): ir. Data sheets prepared by the Corps. d Corps'navigable waters'studies: hi- U.S.Geological Survey Hydrologic Atlas: U.S.Geological Survey 7.5 Minute Topographic maps: 1985 USGS Quadrangles,MassGIS a U.S.Geological Survey 7.5 Minute Historic quadrangles: U.S.Geological Survey 15 Minute Historic quadrangles: + USDA Natural Resources Conservation Service Soil Survey: s+ National wetlands inventory maps: State/Local wetland inventory maps: CID FEMA/FIRM maps(Map Name&Date): 4% 100-year Floodplain Elevation is: (NGVD) Aerial Photographs(Name&Date): 2001 Orthophotography,MassGIS El Other photographs(Date): Q Advanced Identification Wetland maps: Site visit/detemrination conducted on: Applicable/supporting case law: Other information(please specify): 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual(87 Manual tc. )( , occurrence of hydrophy[ic vegetation,hydric soils and wedand hydrology). rThe term"adjacent"means bordering,contiguous,or neighboring. Wetlands separated from other waters of the U.S.by man-made dikes or barriers,natural river benns,beach dunes,and the like are also adjacent. INFORMATION SHEET DETERMINATIONS OF NO JURISDICTION FOR ISOLATED,NON-NAVIGABLE,INTRA-STATE WATERS RESULTING FROM U.S.SUPREME COURT DECISION IN SOLID WASTE AGENCY OF NORTHERN COOK COUNTY V.U.S.ARMY CORPS OF ENGINEERS DISTRICT OFFICE: NEW ENGLAND DISTRICT FILE NUMBER&APPLICANT: NAE-2006-2095.Osborne Hills Realty Trust REGULATORY PROJECT MANAGER: Kevin Kotelly Date: August 10,2006 PROJECT REVIEW/DETERMINATION COMPLETED: In the office —Y—(Y/N) Date:August 10,2006 PROJECT LOCATION INFORMATION: At the project site_(YIN) Date: State: Massachusetts County: Essex Center coordinates of site by latitude&longitudinal coordinates: Lot:42.5083/Lon:-70.9280 Approximate size of site/property(including uplands&in acres): 162 Acres Name of waterway or watershed: Charles River,MA SITE CONDITIONS: Type of aquatic resource D-I ac 1-3 Be 35:ac 5-10 ac 10 25 ae 2530 ne >50 ae- Linear Unlmnwn feel Lake River Stream DU Wash Mudnat Sandnat Wetlands X Slough Prairie pothole Wet meadow Playa take Vernal pool Natural pond Other water(identify type) Check appropriate boxes that best describe type of isolated,non-navigable,intra-state water present and best estimate for size of non- 'urisdictionala vatic resource area. .............. .... .._............ . Migratory Bird Rule Factors`: - If Keown IfUnknown - Use Best Professional Judgment Yes Na Predicted Not Expected to 'Not Able To Make to Occur Occur-. 'Determination Is or would be used as habitat for birds protected by X Migratory Bird Treaties? Is or would be used as habitat by other migratory birds that X cross state lines? Is or would be used as habitat for endangered species? X Is used to irrigate crops sold in interstate commerce? X Check appropriate boxes that best describe potential for applicability of the Migratory Bird Rule to apply to onsite,non-jurisdictional,isolated, non-navigable,infra-states uatic resource area. TYPE OF DETERMINATION: Preliminary_ Or Approved X. ADDITIONAL INFORMATION SUPPORTING NJD(e.g.,paragraph I—site conditions;paragraphs 2-3—rationale used to determine NJD,including information reviewed to assess potential navigation or interstate commerce connections; and paragraph 4—site information on waters of the U.S.occurring onsite): A wetland area located on the eastern edge of the site labeled as Wetland"G",was reviewed for potential jurisdiction. This wetland is isolated with no defined inlet or outlet. It is not hydrologically connected to any other wetland areas. There are no adjacent,bordering,contiguous or neighboring waters or wetlands at the site. Wetland "G"is clearly non-navigable, isolated and intrastate. In this particular case,there does not appear to be a reasonable nexus with interstate commerce. Also,the use, degradation or loss of this wetland will not affect other waters of the United States or affect interstate or foreign commerce. This wetland should not be considered a water of the United States. 2 } Applicant: Osborne Hills Realty Trust File Number. NAE-2006-2095 Date: 8/10/06 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT(Standard Permit or Letter ofpermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 4�t r .... I �,ja ONT �e fowtng dentf �Sbtt nhts"antop tong e gafitadtrlrmstrattve appeal ofthe above i� i5l >�o i,: U � tI1 nvl/1' �Ufions7cw/t ecwnlreg or t A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the District Engineer for final authorization in care of"Regulatory Division." If you received a Letter of Permission (LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section I1 of this form and return the form to the District Engineer, in care of the Chief, Regulatory Division, as specified in the last paragraph of the coverletter. Your objections must be received within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the District Engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the District Engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Engineer for final authorization in care of"Regulatory Division." If you received a Letter of Permission (LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the Division Engineer in care of: James W. Haggerty,Regulatory Appeals Review Officer, US Army Engineer Division,North Atlantic Fort Hamilton Military Community,Bldg. 301, General Lee Avenue, Brooklyn,NY 11252-6700 Telephone: (718) 765-7150, E-mail: James.W.Haggerty@nad02.usace.army.mil, The Division Engineer must receive this form within 60 days of the date of this notice. • C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the Division Engineer in care of: James W. Haggerty, Regulatory Appeals Review Officer, US Army Engineer Division, North Atlantic Fort Hamilton Military Community,Bldg. 301, General Lee Avenue, Brooklyn,NY 11252- 6700. Telephone: (718) 765-7150,E-mail: James.W.Haggerty@nad02.usace.army.mil. The Division Engineer must receive this form within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the Division Engineer in care of: James W. Haggerty,Regulatory Appeals Review Officer,US Army Engineer Division,North Atlantic Fort Hamilton Military Community, Bldg. 301, General Lee Avenue, Brooklyn, NY 11252-6700. Phone: (718) 765-7150, E-mail: James.W.Haggerty@nad02.usace.army.mil. The Division Engineer must receive this form within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),by contacting the Corps district at the address below for further instruction. Also you may, provide new information for further consideration by the Corps to reevaluate the JD. S CT 1 T3 i t T FCJ106M , , ., T,— u fztONS (S HIN'II T TIAL I?JZC? FERED;PEkIvJIT ' "w REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the .review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. PsPV�"I.,t✓i .'lv.�N�l-1��7?'FdR'��.� ,'�� y�y�sIZ.I' �1�1F,��T�N�. '.. _ �„a .: ,bb�$ gvx,'�_, V'.,a��.�a,..?«.�.. A}„a .,§x°$iik� If you have questions regarding this decision and/or the appeal process you may contact Ms. Ruth Ladd at: Acting Chief, Policy Analysis/Technical Support Branch Corps of Engineers 696 Virginia Road Concord, MA 01742 or by calling (978) 318-8818 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. 71 5 Administrative Appeal Process for Approved Jurisdictional Determination District issues approved Jurisdictional Determination(JD) to applicant/landowner with NAP. Approved JD valid Does applicant/landowner for 5 years. Yes accept approved JD? No Max.60 days District makes new approved JD. ApplicantAandowner Yes provides new information? No Applicant decides to appeal approved JD. Applicant submits RFA to division engineer within 60 days of date of NAP. Corps reviews RFA and notes Max.30 appellant within 30 days of receipt. days To continue with appeal process,appellant must revise RFA. No Is RFA acceptable? See Appendix D. Yes Optional JD Appeals Meeting and/or site investigation. RO reviews record and the division engineer Max.90 (or designee)renders a decision on the merits days of the appeal within 90 days of receipt of an acceptable RFA. Division engineer or designee remands decision to district, with speck instructions,for Does the appeal have merit? reconsideration;appeal Yes process completed. No Districts decision is upheld; appeal process completed. Appendix C \ Y� v� d 3a .ss `.cf LC (x F4Y.t€ ��, Vsi'f, y' sl• Y� ezAyr� ea � '�� "n .`.� ` '�p+a+ W13"1'6 as '+3 ' ��! f 5,,3�t*sy °s�S t ks'-a •v 4.: SRi' "4 R .Q.s ��+ � '�k4"••�` i2. 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B R+: .a�' ' �e_ I � • I • I • r £�f„S�� ,� p � ��..• �' 1�� "i j � �Y" ,� �-s > �3F �s r t� � .��TY"R `r"`� ^�j�8r m 4�� lip,k�` •'�,. � y `.s �, 1C9 f ^'''+� t �� '� n �'�'"+�'/�� d�_ � ;x•,� C6f.�s"r%. rytc�p�v g�,� 6,7 � a MDbP � v A � - n �gS t � .� t� ,• � fJ §�ie 3'� n„t©c�" it �d •, s.A-a` v Py t}- °e rS+': �`n Y � " '�" .fw' l _ x s � t� [ , Rt3 h` 'i "r ' r �} 4 3mYta �r41� r C@EYir ''v�-�� 'Y" >�ag °� ,e r*��.a+��'�+ ,�tuo•,�, rc�+. qvn �, < it�y. �!„ �n,f ,cA /r�+ c�S.w 9 ty �"k uwe,,'r" ,} � � �.� � �t,r�]y R +M" � Y � n �'�ie"�``"` • j "� �ti� hs ��" �* s,„^a�,- �� 1s'��t^*,r�r ��"� Clio. 3!'�3•g�, �� uo -t�,'�r r f-� x- rvgx g� r , -. by r 4 n 'Q-� v.3 vQ -�.j+t t�4� r• +ti* +ash.Corp. :� r y,�,k td � � WV ��+JvSq�)•�`•MrF��a�- � s• " � rsy' s �: . � � ' x s�Fx-� y� i ��+'Mt ,"4f�+if �'� £rly., li' 2� .r'k,� ,.➢ �' x� h� � �.rs°� `"<v+� x t ;' ' � ��}. ��n h' 4��s*4 � n� >k'x � tAC"�a"` � r.4'rs'�r�y+�. I ty r ax•�' '� y/r,"5r fir; � �. x '.�{ �-� ��h' � , �„` �'�`" �P�Cr a�"� rs�';� " ,, >h } At "pry t 4,� C14 '�S�'�l't s"�`'" 4 '7N, '�� :t 4 a. J �F�•a£wy�zG'+v fig.. Y.k'��dxL,'ak•e ti..h•v x t�r,F � rli, � Ai ��' �S'@4 R$ AW �<. s�r` f�-��'�, ��k #8 i�� 9 �'�`�` s�r��s �� /�'3 t rt � ,°w •r �h �sx�vx � D � v�d; .ASP � `��+�.'�wlrx�3,�,:•w�� t ilia ,y2�-.ry,�(� ��r"� �"� yf '€ �'ry �� 4��`��"' S �� 'a^,TR �`� F " � � _ �" �eX°K. ,,''' v f � j �6r� �" —� ' (loins sheet 14) SCALE 1:15 840 Bt 4000 3000 2000 1000 0 1 Mile — -a 1000 Meters 800 600 400 200 0 1 Kilometer ESSEX COUNTY, MASSACHUS=S SOUTHERN PAW NO. 11 ti ona Approximate Project Bounda, Approximate Location Of Wetland ,c Vf L J I-A V il 7 T ID U 4* Legend Approximate Project Boundary Scale 1:12,000 Figure 1 BaSSMAD: 1985 USGS Quadrangles, MassGIS I inch= 1,000 feet as Locus Map (USGS) aw 500 0 500 1,000 1w Osborne Hills Subdivision Tsflon .................. Feet Salem, Massachusetts O�Pwiects21MAISalemI152105 0.,bomello u, usa,,7,d— � ��,i$�,* Me!@, q"1 x l�p�? Cs� , .fl x}•k pp L .£. sa�r! .fix' 'ilh. ' A,t Si �p A¢� r +�^' '?��iO4Y � � y��`,yip � �:♦ c�'�1 V� \ �. '� l �r+l'r � '�^.a 5} G`� � lw. si "q�,�,�y,�fn�.�g",v�s ,,! a '! � a t `µ,, yy+ .,�y! ,�'?7 r. • of 'F.� 'kN Q'•.,M,`,ng + -.Pdn " yl:aa .. .. ' try a •• • r",. ., ♦ �e^' '. �MA'', `&tVr. • e e # e1 tl > Ix "t � r Elan i, nc ,.a,""�a+as Al , }J-.a � �z< aft'� sa, k rr �,�t � •.Z ac ,$y�l 4� � � y. x'-� 5 rF'✓34�r S'. g-.a=�-`��' Y � �'�".,' �" v'k x,=�',^`� `x. k' e:,r x T�.%ras p �'„�'�K'}t k Y7,�` gq,C,,F �de'�f �/ i, L'y 5 �� ` '^"•'4" �nr "�' 011, v �,,� nr „ye,^� vz ,� Y 2 �t,3.5'�': .s'k e +A . 4 •' >t I , "' �F�"Y�-a';ta«Ty�;t R`J.'�t SwF... � � r�. t&• �. " . Y ,Y }p DiMtn v`~^ ; �:: J _ �1 Y'i< xF"•• �" Z.h_�K� 4\.i k♦'/yam` S f' i"'aiT"SP- 1 �w `�4-85�P3�'0_'2• �+ 3sn�' .r s.. '',a � �� !i I `� , . �,�p� Yria`".`i i SryC .� '�� .�8 "i�St'NJ. (� ¢5 �� _ • 0 � ` ` � Y.a�k�'t ` � h Iry y4 s. ; F'rE 1t A• <�� s d p, 111 • • 1I • •• • • • 111 CIS • • V PROJECT TITLE: Osborne. Hills R�><sr �"" TRANSECT: � r J 6r)iC�ia/gl F� G ttnPLOT: WGod p, DELINEATOR(S) De+tfmindF'eY%J� DATE.� l�alio VEGETATION Stratum and Species Dominance Percent D NW I Status Ratio Dominance 0 M Red MOt (Pcer r✓brurn) ,p j 3„ 3 3% Y Foc, Whl1e_ pak (Qverous alba) loj3v „ 33% Y FRGU- Botk (� ( PrvnvS ser&4ink) i613Ls 33% Y FACU a G' —' ( $e450, popolAtio) 38 /58.5- 65 % Y/ FAC 61ack 20r5/58.5 b5 % Y FAGU G 6 irY� Io.S / Z7 39 °/ Y FAC +t �JFrr IO.51 Z7 cD s 31 / Y rAcv 2 itd Aden (Alovs Iv`yosa) 3 / 27 Z) / Y FqGW v' ui9h6�sk 81 Nacaitiium corimbasvro) 3 / 27 2-1 / Y FACW- 0 u Mows�e< Spireo �Ah'�olia� 10,6I ZI 50 % Y FAG F Lowb�stl gl ' I (VQCGniM1 Af�cr6t,�plixti) 10,5,Z1 50� Y F�1C(I— HYDROPHYTES A NON-HYDRO�P-HYTES OBL FC-W , FAC 'OTHER FAG F`ACU UPL Hydrophytes Subtotal (A): 6 Non-hydrophytes Subtotal(8): 5 PERCENT HYDROPHYTES (100A/A+B): 55 0/0 HYDROLOGY ❑ RECORDED DATA Stream.lake,or tidal gage Identification: Aerial photography Identification: Other Identification: �] NO RECORDED DATA ® OBSERVATIONS: Depth to Free Water: 12 n Depth to Saturation (including capillary fringe): ti Altered Hydrology(explain): ❑ Inundated ®Saturated in ❑Water Marks ❑ DriA{fines ❑ Sediment ❑ Drainage upper 12' Deposits Patterns ® OTHER(explain): lisdLCmemien dala plot Occurej 4llaw-n .,,ZWeak$ within Wetland cEransoaravr v«:lm rrvw Fa , OF Ata� ro.ir�/'all- Cd�l n $f6 SOILSketch landscape position of this plot Indicate relative position of other Plot(s)and the wetland flag if not on plan l . mr.s not (rib ( A WPC daf a plo} See Q#&bCW Mans t phafos dA+a Ple} *� Submission of photo of plot is encouraged. DETIZON MATRIX COLOR REDOXIMORPHIC COMMENTS(USDA texture,nodules, FEATURES (color, concretions,masses,pore linings,restrictive abundance,size,con cost) layers,mot distribution,soil water,etc.) )OyIZ Zl 5 • �9E417 , frWium)tow) /bohg � � , {one. I2t " boy- IOy(Z3/ Medium/ &Nrw . �rl•iOnA� nOf25 .. �IQAI tWcra(. : �rl( rorrk �gmente ;_ d sUbrD,,,� 9�a�dly throt�5>ti �titrr�c. �1A5s: �1wplSWpp HYDRIC SOIL INDICATOR(S): REFERENCE(S): OPTIONAL SOIL DATA Taxonomic subgroup: REFERENCE(S): Soil drainage Gass: Depth to active water table: NTCHS hydric soil criterion: CONCLUSIONS YES NO REMARKS:QA1t Hydrophytie vegetation criterion met? ] ❑ 6cop w Qo641en ° feofStop., Hydricsoils criterion met? ❑ 5crr� ShoQe S CwK(tU@ _ems 8k�e C,IA55 a—�o!Wetland hydrology criterion met? ❑ IS THIS DATAPOINT IN A WETLAND? ❑ L1:tNC--COR PT VMkn7r10()Paq62 PROJECT TITLE: lts� TRANSECT: Ell °�'��tPLOT; O56- e 1 i[ls Jw;rd;Ilonal6 1`1a1 66 Upla+td Pio}. PROJECT TITLE: IZe vu> Eor TRANSECT: ' VbI�Nr1E �1115 Jvnadl0iennl �aa danUapdp PLOT: DELINEATOR(S): _ (j� DcAttmInmi.., DATE: 5_z2_o6 VEGETATION Stratum and Species Dominance Percent D NW I Status Ratio Dominance 0 M ,black (P�„»us seia+ina) �`/65" I-o % y F1�G(J IalhiFz oak(j CQ�er� Alba) 24�65" 37% y Fxlcv— i lYlap4e C Clcer tvbrvm) 10%65" o 15 Gnv� 13ircln C 6'etulo P�v�l;(oti. 5 65 " 8 % N 11c7f7[ Rya rY1nPk, 63/Izz G 5z% y Bird, �qc �I F 3s/ Izz. 31 % y Jot Hm^rt L�hGMfWs FrArN�10./ 10.5/IZ2 81�k Chi )o.e/ Izz <gGv .4 Nfjj 6061- Blu lk,cirnidm CoyyNbesvm) 63 /73.5 Qb% y /— uoie uebClt �J 5/73.5 14 N NZ jnnlGGf'A s�) 10, lass �„ok+hcrn I b.5/L I 50� y f AC ltodousweel �sp, Lyitfl�olio> 3.5 /21 17 % N FAC fpis°r IVi �Td2'ic° 4tedron Odicdos 3, 5/z_i 1 °l N F�iC s Nof+heri 3.s/ZI 17/ FAC Arrowwood ( Uibvrnvrv� den{q}I,m) N HYDROPHYTES NON-HYDROPHYTES 3 2 OBL FACW . FAC "OTHER FAG FACU UPL Hydrophytes Subtotal (A): 4 Non-hydrophytes Subtotal (B): 4 PERCENT HYDROPHYTES (100A/A+B):bi%- HYDROLOGY RECORDED DATA Stream,lake,or tidal gage Identification: Aerial photography Identifcation: Other Identdication: NO RECORDED DATA ® OBSERVATIONS: C.� (' Depth to Free Water: aOt Depth to Saturation (including capillary Altered Hydrology(explain): Inundated ❑Saturated in ❑Water Marks ❑ Drift Lines upper 12" El Sediment ❑ Drainage Deposits Patterns ® OTHER(explain): this dBUnea4tcyt dA+4, Plot octtfe6 poIlea.;tn a Z uCeks Within Wetland CENPbC0.R-pi Vicelm)H/e0Po 1 L 114QU IYt;nf al C n 51ofm SOI.L�Sketch landscape position of this plot Indicate relative position of other plot(s)and the wetland flag if not on plan. t*Voss Pt Gb Set ► #04erl Mans } py ,g {ref date Submission of photo of plot is encouraged. plef DEPTH HORIZON MATRIX COLOR REDOXIMORPHIC COMMENTS(USDA texture,nodules. FEATURES (color. concretions,masses,pore linings,restrictive abundance,she,mmr,so layers,mot dis(tibulion,soil water,etc.) If �{' LrNe•^ +Z — O �l IDyR 2/, / roofs: � , Fine 07511 A IOY(Z -3/5 / Medium Band , 6lebIt u0t4x n >l 1l "'Of-S : Mar116 , tine 5 ' q g l IoYR 3/y. / �� If t1ne. Sand a;nrrft rin �+ gw 16YR 5/3 5YR 5/6 4'i>7� sand many ,eviedi err Corfkaft ; IJi�inct C�itiorp� r1ofes _ PWenl mate,>al ; fit! rock pros'ne*)iS dmf lg rg 71VC11� dasa : SwPD/ rnwp U` � �merlts: ro,nxled ,sratxf� HYDRIC SOIL INDICATOR(S): REFERENCE(S): OPTIONAL SOIL DATA REFERENCE(S): Taxonomic subgroup: Solt drainage class: Depth to active water table: NTCHS hyddc soil criterion: CONCLUSIONS YES NO REMARKS: Hydrophytic vegetation criterion met? ❑ la msmlp , pc6iti6n , tot b f slap Hydric soils criterion met? El YMdSutfott sh4pe ; 1'oeur _ Lnecr Wetland hydrology criterion met? IS THIS DATAPOINT IN A WETLAND? ce+aEcoa v�tm r troo r ez y PROJECT TITLE: I' Re4 �E Fa' TRANSECT: 4 r �'� PLOT: fuel IDOd ry0} Qs�rorne 11i{ls rl5didfoMi. �4eniftti"') Fla G CITY OF SALEM m. DEPARTMENT OF PLANNING AND 9�r9'FG'/M/NL.U��P4 . - COMMUNITY DEVELOPMENT KIMBERLEY DRISCOLL NE'NOR 120 WASHINGTON STREET♦ SALEM,N ASSACHUSETTS 01970 LYNN GOON IN DUNCAN,AICP TEL:978-619-5685 ♦FAX:978-740-0404 DIRECTOR Memo To: File DEP#64-371 From: Carey Duques,Conservation Agent Cc: Date: Apnl 2,2007 Re: File#64-371 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle This is a note regarding DEP file#64-371. After sending a reminder to Paul DiBiase regarding the upcoming expiration (June 24, 2007) of an Order of Conditions issued for file#64-371 he believed that this area had been deemed exempt from the WPA by the US ACE. Currently the site has been identified as being in the 100 foot buffer zone of isolated land subject to flooding. Until Mr. DiBiase provides documentation from USACE explaining the exemption the Order will need to be extended for 1, 2, or 3 years. 0 CITY OF SALEM CONSERVATION COMMISSION March 15, 2007 Paul DiBiase PO Box 780 Lynnfield, Massachusetts 01940 Re: DEP #64-371—Construction of a single family house and a driveway of which a portion is within the buffer zone of BVW-71 Marlborough Road, Salem, Massachusetts Dear Mr. DiBiase: Please be advised that the Order of Conditions for the above referenced project will expire on June 24, 2007. If this development project is complete,you should Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this development project has not been completed, than you must submit 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 Duques Conservation Agent/Planner Enclosures 120 WASHINGTON STREET, SALENI, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 1 WWW.SALEM.CONI Massachusetts Department of fnvi�6nmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: SAELM 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 Osborne Hills Realty Trust use the return a. First Name b.Last Name c.Company key. III P.O. Box 780 d.Mailing Address Lynnfield MA 01940 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a.First Name b. Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 71 Marlborough Road (lot 6) Salem a.Street Address b.CityrTown 9 part of Lot 1 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) 17338 313 c. Book d.Page 6/3/04 6/24/04 6/24/04 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance e. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan in Salem, Me. a.Plan Title Eastern Land Survey Assoc. Clayton A. Morin (Civil) & Chris R. Mello (survey) b.Prepared By c.Signed and Stamped by August 25, 2004 1" = 20 d.Final Revision Date e.Scale f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid wpaform5.doc• rev.9113104 Page 1 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a. linear feet b.linear feet c. linear feet d.linear feet 4. ❑ Bordering Vegetated 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 wpaform5.doc• rev.9113104 Page 2 0l 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 64-371 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.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below to. ❑ Land Under the Ocean a.square feet b.square feet c.cu.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.ay nourishmt. d.cJy nourishmt 14. ❑ Coastal Banks a.linear(feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.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 Coastal Storm Flowage a.square feet b.square feet wpaform5.aoc• rev.9113104 Page 3 of 8 Massachusetts Department of Environmental Protection P DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP'J "File Number 64-371 " wpaform5.doc• rev.9113/04 Page 4 of B Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 64-371 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 Sheet space for additional conditions, select box to attach a text document wpaform5.dm• rev.9113104 Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 WPA Form 5 - Order of Conditions 64-371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Furthermore, the hereby finds (check one that applies): Conservation Commission 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 3. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw It.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 g P c. The special conditions relating to municipal ordinance or law are as follows: space for p Y additional conditions, select box to attach a text document ❑ Issuance This Or s valid for three years, unless otherwise specified as a special condition pursuant to G ral Conditions m the date of issuance. 1.Date of issuance Please indicate the number of bers who will sign this form: This Order must be signed by a majo ' of the Conservation Commis ' 2. Number of signers The Order must be mailed by certified Mai urn receipt reque or hand delivered to the applicant. A copy also must be mailed or hand delivered at t me ti o the appropriate Department of Environmental Protection Regional Offce, if not filing ronically(see Appendix A), and the property owner, if different from applicant. Signatures: wpaforrn5.doc• rev.9113/04 Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 6Y - 034) 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 9 JCd0V condition pursuant to General Conditions ff4, from the date of issuance. 1.Date of issuance Please indicate the number of members who will sign this form: S This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of 6,53e'X T-14 SowIfin/ut zWV On this Day of Month r Year Before me, the undersigned Notary Public, f p 41 &'yervI Nn ((mim W 61 personally appeared Name of Document Signer proved to me through satisfactory lJ�Ut�evidence of identification,which was/were revi;l arn6 "0:tifoPdbrcl / 4ml wlkidr wIL 4 d gh( ) le ru&idrr. Description of evidence of id n 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 Sr�en City/Town Conservation Commission BUT ELLEN Mas Notary Public Comrrmw .ih ofea' of'Aasachusette ission Expires My Comn Signat of Notary Public November 1,2007 i3 l Printed Name of Notary Public Place notary seal and/or any stamp above Alvv l rtdo7 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on gh3btf Date Date wparorm5Am• rev.919104 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-371 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: 71 Marlborough Road (lot 6) 64-371 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.9113104 Page 8 of 8 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64-0371 (Amended) 71 Marlborough Road, 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(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order, the Notice of Intent, the referenced plans,the Act,and 310 CMR 10.00, and may require any information,measurements,photographs, observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission, agent, or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing, a sign shall be displayed showing DEP File#64-371,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 star. 816),U.S. Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s) shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s) is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision,the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16.'Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall subtr t 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. 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 contractor's to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry, stumps,asphalt, and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash,construction materials, etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil, or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including, but not limited to,civil administrative penalties under M.G.L. Chapter 21A, section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas-shall-be-loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed,and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas; and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 45. Prior to pouring the foundation,the Contractor shall be required to contact the Salem Conservation Agent at (978)745-9595 ext 311 to inspect the footing. JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABOOY, MA 01960 FACSIMILE (978) 531-2479 August 27, 2004 Conservation Commission REce City of Salem D 93 Washington Street AU6 2 2004 Salem, MA 01970 UfPT Of Attn: Frank T*nina OO�MONIryOEW�I NPeew G Conservation Commission Agent Re: Lot 6,Marlborough Road, Salem,Massachusetts Osborne Hills Realty Trust Dear Mr. Toormina: Please find enclosed ten (10) copies of a plan representing a minor modification to the Order of Conditions at Lot 6, Marlborough Road, Salem, Massachusetts. The substance of the modification is to move the dwelling further from Marlborough Road than was previously shown. Kindly place this matter on the agenda for the meeting of September 9, 2004. Thank you for your anticipated cooperation. Very truly yours, JRK/emb *0 . el Enclosures JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 June 1, 2004 Conservation Commission City of Salem 120 Washington Street Salem,MA 01960 Attn: Frank Taormina $E; NOTICE OF INTENT MARLBOROUGH ROAD, SALEM, MA Dear Mr Taormina: Please be advised that I represent Osborne Hills Realty Trust, Paul DiBiase, Trustee relative to the filling of a Notice of Intent as it applies to the property at Marlborough Road, Salem Massachusetts. Submitted herewith are the following instruments: 1. Check in the amount of$137.50 as application fee: 2. 7 copies of the Notice of Intent; 3. 7 copies of the Plan of Land. Kindly schedule this matter for hearing at your earliest convenience. Thank you for your anticipated cooperation. Very truly yours, J R. Keilty, Es V e JRK/smw Enclosures ` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: SAELM 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 Osborne Hills Realty Trust use the return a. First Name b. Last Name c.Company key.�I I P.O. Box 780 _I� d. Mailing Address k �' Lynnfield MA 01940 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Same a. First Name b.Last Name c.Company d. Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 71 Marlborough Road (lot 6) Salem a.Street Address b.City/Town 9 part of Lot 1 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) 17338 313 c.Book d. Page 6/3/04 6/24/04 6/24/04 7. Dates: a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Site Development Permit Plan in Salem, Ma. a.Plan Title Eastern Land Survey Assoc. Clayton A. Morin (Civil) & Chris R. Mello (survey) b.Prepared By c. Signed and Stamped by May 13, 2004 1" =20 d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date s. Total WPA Fee Paid: $250.00 $112.50 $137.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpafor S.00c• rev.625/04 Page 1 of 8 ` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings f. 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. f. ® Protection of Wildlife ❑ pp y El Habitat g. ❑ Groundwater Supply h. ❑ Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a linear feet b.linear feet c.linear feet d.linear feet 4. ❑ Bordering Vegetated 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 wpafomS.00c• rev.6125104 Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 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.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) s. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 10. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged it. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.ay noudshmt. d.c/y nourishmt. 13. ❑ Coastal Dunes a.square feet b,square feet c.c/y nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. El 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 J.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet J.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 Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.6rz5ro4 Page 3 of 8 ` Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 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, WA DEP'J "File Number 64-0371 " wpafom5.00c• rev.6/25104 Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 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 Sheet space for additional conditions, select box to attach a text document wpafoan5.doc• rev.6/25104 Page 6 of 8 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5'- Order of Conditions --JC Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or.Ordinance 1. Furthermore, the herebyfinds(check one that applies): Conservation Commission 2. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 3. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,the conditions shall control. If you need more space for C. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, fro thXd atg gf issyance. 1. Date of issuan // / (� r Please indicate the number of members who will sign this form: S/x 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 Protecti n Regional Office, if not flin electronically (see Appendix A), and the property owner, if di fro ap is t. Signatures: i Q wpafo 5. o - rev.6/24104 Page 6ar6 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 64-0371 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of !Sse"l- On this Day Of Month Year Before me, the undersigned Notary Public, personally appeared Name of Document Signer proved W'tto me through satisfactory evidence of identification,which was/were k AD till Pe —h 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 sated,purpose. As member of ciryrtown Conservation Commission Signature f�lotary Public Printed Na LLEN BUTLER Notary Public Commonwealth of Massachusetts My Commission Expires Place notary seal and/or any stamp above My commi ' This Order is issued to the applicant as follows: ❑ by hand delivery on Wby certified mail, return receipt requested, on Date Date 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 Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpafom5.doc• rev.6/251G4 Page 7 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-0371 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: 71 Marlborough Road (lot 6) 64-0371 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc- rev.6125/04 - Page 8 of 8 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64-0371 City of Salem, 71 Marlborough Road (lot 6) 1. "The Conservation Agent will be notified 48 hours prior to commencement of construction activities(973-745- 9595 ext. 311). Members and agents of the Salem Conservation Commission(Commission)shall hate the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00, and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission, agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply, and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40, and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. S. Prior to any work commencing, a sign shall be displayed showing DEP File#64-0371,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. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act, or any changes,in activity subject to regulations under G.L. Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number 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 an work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be Y P P g 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. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash,construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil, or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTION 40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed,and seeded prior to November I of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 45. Prior to pouring the foundation,the Contractor shall be required to contact the Salem Conservation Agent at (978)745-9595 ext 311 to inspect the footing. i Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town A. General Information 1. Project Location (Note:electronic filers will dick on button for GIS locator): 41 Marlborough Road Salem 01970 a.Street Address b.Cityrrown c.Zip Code Latitude and Longitude, if Known: d.Latitude e:Longitude 9 1 f.Assessors Map(Plat Number g.Parcel/Lot Number Important: When filling out 2. Applicant: forms on the Osborne Hills Realty Trust computer, use a.First Name b.Last Name c.Company only the tab key to move P.O. Box 780 your cursor- d.Mailing Address do not use the Lynnfield MA 01940 return key. e:Citylrown f.State g.Mp Code 781494-7026 `}F UA h.Phone Number L Fax Number j.Email address 3. Property owner Cif different from applicant): ❑ Check if more than one owner � Same a.First Name - b.Last Name a Company d.Mailing Address Note: Before e:Cityfrown f.State g.Zip Code complefing this fort consult h.Phone Number L Fax Number j.Email address your local Conservation 4. Representative Qf any): Commission regarding any a.Firm municipal bylaw Attorney Brian McGrail or ordinance. b.Contact Penton First Name c.Contact Person Last Name 599 North Ave.,Suite 7 d.Mailing Address Wakefield MA 01880 e.City/Town L State g.Zip Code 781-246-9999 781-246-1986 h.Phone Number L Fax Number j.Emal address ❑ Select if you want to see 5 Total WPA Fee Paid (from Appendix A,Wetland Fee Transmittal Forth): Wetland Fee $250.00 $112.50 $137.50 Transmittal a.Total Fee Paid b.State Fee Paid c.Cdy/Town Fee Paid Forth. 6. General Project Description: Construction of a portion of a single family dwelling and driveway in the buffer zone 0.n.1 N O Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP rile Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Document Transaction Number Salem City/Town A. General Information (continued) 7. Project Type Checklist: a. ® Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ CommerciaVlndustrial e. ❑ Dock/Pler f. ❑ utilities g. ❑ Coastal Engineering Structure It. ❑ Agriculture—cranberries,forestry i. ❑ Transportation I. ❑ Other 8. Property recorded at the Registry of Deeds for. Essex(So. District) a.County 17338 b.Book 313 c.Page Number d.certificate a#(d registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal bank, coastal beach, coastal dune, or salt marsh? a. ® Yes If yes,skip to Section C. b. ❑ No If no,check the resource areas to be affected by this project,directly below. 0.n.PINY 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 I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City(rown 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 altemative 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 Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under supplementary Waterbodies and 1.square feet 2.square feet information you Waterways 3.cubic yards dredged submit to the Department d. ❑ Bordering Land 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 1. Name of Waterway(if available): 2.Width of Riverfront Area (check one): ❑ 25 ft.- Designated Densely Developed Areas only ❑ 100 ft.- New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: Square Feet 4. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft and 20o ft. s. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 0.ru O..i C L�71Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Tom 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 /. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores 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. lc ❑ 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 ya g 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. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b.Limited Project 6.ro1dG 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 Salem Cfty/Tom C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: i. M Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction z. ❑ 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. ElHydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was Applicable D. Other A 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 ® 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 2000-2001 Atlas b.Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ❑ Yes❑ No If yes,include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 ® Not applicable—project is in inland resource area only Massachusetts Department of Environmental Protection Provided by DEP: LIV Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town D. Other Applicable Standards and Requirements (continued) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption - 6. Is this project subject to the DEP Stormwater Policy? a. ® Yes ❑ No b. If yes, stornwater management measures are required.Applicants should complete Appendix B: Stomtwater Management Form and submit it with this forth. c. If no, explain why the project is exempt: 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. USGS or other map of the area (along with a narrative description,if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 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 Salem City/Town E. Additional Information (continued) 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BWV Field Data Form). Online Users: Include your 4- ❑ List the titles and dates for all plans and other materials submitted with this NO]. document 5. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. your receipt page)with all 7 ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you a. ❑ Attach Appendix A, see next page. submit to the Department. s. ❑ Attach Appendix B, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (n addition to pages 1 and 2 of Appendix B)to confine feCAe payment: /_O 1.Myni I Checkd Number 2.Check ate !O 3.State Ch Number 4.Check date 5.Payor name on check:First Name 6.Payor name on chef:last Name Massachusetts Department of Environmental Protection Provided by DEP: 1 Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown 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 c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return rece reque a to abu ers within 100 feet of the property line of the project location. Signature p icant / ,'—'! Date l yI"� !�-1 Signature Prop 0 r(if i rent) Date S ature of ntati ' any) Date V For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents;two copies of pages 1 and 2 of Appendix B; and the cityftown 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)i including supporting plans and documents; one copy of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. 0.neCAq Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab Osbome Hills Realty Trust key to move a.First Name b. Last Name c.Company your cursor- P. O. Box 780 do not Use the d.Mailing Address return key. Lynnfield MA 01940 j e.Cay/rown f.State g.Zip Code V ICI 781-844-7026 h.Phone Number 2. Property Owner(if different): Same a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code . h.Phone Numtrer 3. Project Location: Marlborough Road Lot 6 Salem a.Street Address b.Cityrrown To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in The fee should be calculated usingthe followingsix-step th�fomD of Instructions before filling out worksheet p process and worksheet. Please see Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 311ndividual 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 cityltown share of the fee,divide the total fee in half and add $12.50. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix A — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step Irrype of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Cat. 2a Single Family 1 $250.00 $250.00 Step 5/Total Project Fee: $250.00 Step 6/Fee Payments: Total Project Fee: $250.00 a.Total fee from Step 5 State share of filing fee: $112.50 b.1/2 total fee less 512.50 City/Town share of filling fee: $137.50 c.1!2 total fee plus$12.50 Abbreviated Notice of Resource Area Delineation (Form 4A): The fee is calculated as follows(check applicable project type): 1. ❑ single family house project a.feet of BVW x$1.00= b.Total fee not to exceed$1,000 2. ❑ all other projects a.feet of BV W x$1.00= b.Total fee not to exceed$1,000 State share of fling fee: 3. 1/2 of total fee less$12.50 City/Town share of filing fee: 4. 1/2 of total fee plus$12.50 DATE INVOICE AMOUNT 53-179 JOHNR. KEILTY, ESQUIRE 113 Comiselor at Law 40 LOW ELL STREET PEABODY, MASSACHUSETTS 01960 N? 10465 P AMOUNT C i0 DOLLARS _ - DATE TO THE ORDEROF GROSSAMT. I DESCRIPTION NET AMOUNT .. N(/Eastern Bank -Lynn, MA /GU )RIZ )SIGN RE i� 11.0 1046 5R• 1:0 L 130 17981: 60 004 9IS DATE INVOICE AMOUNT 53-179 JOHNR. KEILTY, ESQUIRE 113 Counselor at Law 40 LOW ELL STREET N 10466 PEABODY, MASSACHUSETTS 01960 PAY ` /E7 % DOLLARS AMOUNT DATE TOT EORDER GROSSA T. DESCRI ION NET AMOUNT ((/Eastern Bank —Lynn, MA i ORz@)sI AllJ U'0 L0466Ha 1:0 L 130 17981: 60 00 53 u'_ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Property Information Important: When filling out 1. The proposed project is: fors on the computer, use a. New development ® Yes ❑ No only the tab key to move b. Redevelopment ❑ Yes ® No your cursor- do not use the (If yes, distinguish redevelopment components from return key. c. Combination ❑ Yes ® No new development components on plans). ��, 2. Stormwater runoff to be treated for water quality is based on the following calculations: a. ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas (Outstanding Resource Waters, recharge areas of public water supplies,shellfish growing areas, swimming beaches, cold water fisheries). Note: b. ® 0.5 inches of runoff x total impervious area of post-development site for other resource areas. This November 2000 version of the Stormwater Management B. Stormwater Management Standards For supersedes earlier versions including those s Management DEP' Stormwater M includes nine standards that are listed on the gement Policy(March 199� contained in following pages. Check the appropriate boxes for each standard and provide documentation and DEP's additional information when applicable. Stormwater Handbooks. Standard#1: Untreated stormwater a. ® The project is designed so that new stormwater point discharges do not discharge untreated stormwater into, or cause erosion to,wetlands and waters. Standard#2: Post-development peak discharges rates a. ❑ Not applicable—project site contains waters subject to tidal action. Post-development peak discharge does not exceed pre-development rates on the site at the point of discharge or downgradient property boundary for the 2-yr, 10•yr, and 100-yr,24-hr storm. b. ❑ Without stormwater controls c.® With stormwater controls designed for the 2-yr,and 10-yr storm, 24-hr storm. d.® The project as designed will not increase off-site flooding impacts from the 100-yr,24-hr storm. wammadoo•1 wmft D•w.SOW Pane i of 5 Massachusetts Department of Environmental Protection 1 — Bureau of Resource Protection -Wetlands WPA Appendix B - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard #3: Recharge to groundwater Amount of impervious area 1,450 p (sq.ft.)to be infiltrated: a.square feet Volume to be recharged is based on: b. ❑ The following Natural Resources Conservation Service hydrologic soils groups (e.g. A, B, C, D, or UA)or any combination of groups: 15 B 1.%of impervious area 2.Hydrologic soil group 3.%of impervious area 4.Hydrologic soil group 5.%of impervious area 6.Hydrologic soil group 7.%of impervious area 8.Hydrologic soil group c. ❑ Site specific pre-development conditions: 1.Recharge rate 2.volume d. Describe how the calculations were determined: e. List each BMP or nonstructural measure used to meet Standard#3 (e.g. dry well, infiltration trench). Infiltration Trench Does the annual groundwater recharge for the post-development site approximate the annual recharge from existing site conditions? f. M Yes ❑ No Standard#4: 80% TSS Removal a. ® The proposed stormwater management system will remove 80% of the post-development site's average annual Total Suspended Solids(TSS)load. b. Identify the BMP's proposed for the project and describe how the 80% TSS removal will be achieved. Recharge Trench woalama.Aao•AoueMiz o mama Pace 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B — Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) c. If the project is redevelopment, explain how much TSS will be removed and briefly explain why 80% removal cannot be achieved. Standard#5: Higher potential pollutant loads See Stormwater Policy Handbook Does the project site contain land uses with higher potential pollutant loads Vol. I, page 1-23, for land uses of a. ❑ Yes M No b. If yes, describe land uses: high pollutant loading(see Instructions). c. Identify the BMPs selected to treat stonnwater runoff. If infiltration measures are proposed, describe the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a critical area,infiltration is not allowed.) Standard#6: Protection of critical areas See Stormwater Will the project discharge to or affect a critical area? Policy Handbook Vol. I,page 1-25, for critical areas a. ❑ Yes ® No b. If yes, describe areas: (see Instructions). c. Identify the BMPs selected for stonnwater discharges in these areas and describe how BMPs meet restrictions listed on pages 1-27 and 1-28 of the Stormwater Policy Handbook—Vol. I: Wwla nUm•Awareu 0•rev.5r2M Pane 3&5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Note: components of Standard#7: Redevelopment projects redevelopment projects which Is the proposed activity a redevelopment project? plan to develop previously a. ❑ Yes M No b. If yes, the following stormwater management standards have been met: undeveloped areas do not fall under the scope of Standard 7. c.The following stormwater standards have not been met for the following reasons: d. ❑ The proposed project will reduce the annual pollutant load on the site with new or improved stormwater control. Standard#8: Erosion/sediment control a. ® Erosion and sediment controls are incorporated into the project design to prevent erosion, control sediments, and stabilize exposed soils during construction or land disturbance. Standard#9:Operation/maintenance plan a. ® An operation and maintenance plan for the post-development stormwater controls have been developed.The plan includes ownership of the stormwater BMPs, parties responsible for operation and maintenance, schedule for inspection and maintenance, routine and long-term maintenance responsibilities, and provision for appropriate access and maintenance easements extending from a public right-of-way to the stormwater controls. Operation and Maintenance Plan May 2004 b.Plan/ritle c.Date Lot 6 Marlborough Road d.Planrritle e.Date Woafonrad -Awwdx D•m.SQ=4 Pane40f5 Professional Land Surveyors&Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 STORMWATER MANAGEMENT PLAN LOT 6 MARLBOROUGH ROAD SALEM, MASS. MAY 2004 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net �C SUMMARY Stormwater Best Management Practices proposed for the lot consists of recharge of roof runoff from the proposed dwelling. Predevelopment and postdevelopment runoff calculations are summarized as follows: Storm Predevelopment Postdevelopment Frequency Peak Runoff(CFS) Peak Runoff(CFS) 2 year .03 .08 10 year .21 .28 100 year .66 .73 The slight increase in postdevelopment runoff toward Marlborough Road will have no appreciable impact on the existing drainage system(lot runoff actually flows away from the resource area south of Lot 6). That increase will be mitigated in the subdivision of the remainder of the Applicant's property. O �., t-+ C7 � I � I _ ,y )i g ',' � � ^} _! y_74.• > �+ � {��r�� ,talf_6el°. ;,�,�i. `��. ' u ti ,y� ��<• 5 nSi�R/ . i,. r. li.,. rk..In- ^I"pr��r„ls � ,j.,• �. y! "x Ai �' 8 .v\�.})y A.IfiY•� \ ►`�' '® M1 T , 1 14 I ♦ !� .1. -y I *��`. may+ �.� � • C `ti• +'w,''y /, AMP- All' ^�tit:.`! �JAN � r, � `h` tv`��. ''�y �.:lL�1 L .a.>y'��•4 �) r r }' ,� ..�/� � o �. §l' r. ♦ r q `�" T f i�♦� t ..n . S �:.t`+�t]h., �,i Imo • � �' Ii .h ..: �, � ♦ lr r .r ' 6'!F., t ��J��"�*�� r r`>` ��I�j aid• � �• "�+ r .> � ✓f� ,`,r %V I �F3 .y ;FF�yTya��\."i,l�C. '•S�'y;��•J, 7 nil t r} YYY p� r{`� i + ` � A lr/� t `i A' - ♦ `� '> N Wtf 4' �9' �k 'a > 'n C.)a.r^F"� 1 .r� y� � . � ,OFJ�;•• sAls!I. � Y, �. 164 Soil survey TABLE 16.--SOIL AND WATER FEATURES ["Flooding" and "water table" and terms such as "rare," "brief," "apparent," and "perched" are explained in the text. The symbol < means less than; > means more than. Absence of an entry indicates that the feature is not a concern] Flooding High water table Risk of corrosion Soil name and IHydro-I I leotentiall map symbol I logic[ Frequency I Duration (Months I Depth I Kind (Months I frost (Uncoated (Concrete Igroup I I I 1 1 1 1 action I steel I t I I I I I — I I I I I AnB, AnC, AnD-1 C (None--I — I -- 11.5-2.51Perched [Jan-Apr[Moderate ILow---(High. Annisquam Ba*. I I I I I I 1 I I I Beaches I I I I I I I I I I BeB-- I B (None----I — I — 11.5-3.51 Apparent iNov-AprlHigh---(Mode rate (Moderate. Belgrade I I I I I I I I I I I I I I I I I I 1 I BuA, BUB, BUC--=1 C INone- 1 -- I -- 11.0-3.O I Apparent[Nov-Apr IHigh--I High---IModerate. Boxford I I I 1 I I I I 1 I 1 I I I I I I I i I BxBO: 1 I I I I 1 I I I I Boxford-- I C INone---I — I --- 11.0-3.OI Apparent I Nov-Apr I High--I High----I Mode rate. Urban land. 1 I I I I I I I I I CaB, CaC, CbB, I I 1 I I I I 1 I I CbC, abD, CcB, I I 1 I I I I 1 I I CcC, CcD, CcK--1 B [None---1 I -- I >6.0 I — I --- ILox—(Low--(High. Canton ChC•: Cantoa-------1 B. INone—I -- 1 1 >6.0. 1 — I -- ILow ILow--IHigh. Urban land. F 1 I i I I I CrC+, crD*: Chatfield I B . INone---I =d I — I >6.0 I I — [Moderate ILox [Moderate. Hollis- —I C/D INone I — I — 1 >6.o I -- I — IModerate I Low----I High. I I i I 1 I I I i I Rock outcrop. I I I 1 I I I I 1 I I 1 I I I I I 1 I I De— 1 B INone I — 1 — 11.5-3.0 I Apparent I Dec-Apr lModerate ILow--IHigh. Deerfield 1 1 I I I 1 I 1 I I 1 I I P I I 1 I 1 I Do*. Dumps I I I 1 I 1 I 1 I I ElA, E1B I C INone -1 — 1 — 11.5-3.0IPerched INov-MaylHigh—IModerate [Moderate. Elmridge I I I I I 1 I I I I FF. I I 1 I I 1 1 I I I Fluvaquenta I I 1 I I I t I I I Fm- i D INone--I I I 0-1.0IA rentlJan-DeclHigh—(High----(High. - [Apparent Freetown I I I I I I I I I I I I I I I 1 I I I I Fp— 1 D INone---1 — 1 -- 1 +3-0 1Apparent I Jan-Dec[High--I High—I High. Freetown HfA, HfB, HfC, I I I I 1 I I I I I HfD, HfE--1 A INone--I — 1 — 1 >6.0 1 — I — ILow ILow---(High. Hinckley I I I 1 I 1 1 I I I Hucs: I I I I I 1 I I I I Hollis----I CID INone- 1 -- 1 -- 1 >6.0 1 — I -- IModerate ILox [High. Urban land. I I I 1 I I I I I I I 1 I I I I I 1 I I Rock outcrop. I 1 1 I I I I I I I I I I 1 1 I 1 1 1 I See footnote at end of table. 7� O yn a n i C r a y 0 z EASTERN LAND SURVEY ASSOCIATES, INC. doe 12voD Christopher R. Mello PLS SHEET NO. OF + 104 Lowell Street CALCULATED BY -�4A w DATE S- 4- PEABODY, MA 01960 (978) 531-8121 CHECKED BY t ' DATE SCALE yo S-Co,Ev r� o P rvlE w�-i ...v .3 3 ��..... ►{U U56 ...'�O -ZEGNpR w�wcy ._cµ q8., o .oz,At ..... . .... _ 04 ....... �131 . . collce��lp,-i�v.� 3�5 ..... v-?. o.J2'RWao , Fti..wJ ,Lj!rgG-%W I..... ©F WMIRIIM1,rtii.YOne,MI„rv,M.n Hydrograph Plot Hydraflow Hydrographs by Intelisolve Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 0.08 cfs Storm frequency = 2 yrs Time interval = 6 min Drainage area = 0.33 ac Curve number = 62 Basin Slope = 0.0 % Hydraulic length = oft Tc method = USER Time of conc. (Tc) = 13.6 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=493 cult 2 - SCS Runoff - 2 Yr - Qp = 0.08 cfs 0.08 0.0 O 0.04 0.02 0.00 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 2 Hydrograph Plot Hydraflow Hydrographs by Imelisolve Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 0.28 cfs Storm frequency = 10 yrs Time interval = 6 min Drainage area = 0.33 ac Curve number = 62 Basin Slope = 0.0 % Hydraulic length = Oft Tc method = USER Time of conc. (Tc) = 13.6 min Total precip. = 4.60 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=1,345 cult 2 - SCS Runoff - 10 Yr - Qp = 0.28 cfs 0.3 0.2 0.2 � 0.1 0.1 0.0 L. wft 0.00 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 2 Hydrograph Plot Hydrallow Hydrographs by IntelisoNe Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 0.73 cfs Storm frequency = 100 yrs Time interval = 6 min Drainage area = 0.33 ac Curve number = 62 Basin Slope = 0.0 % Hydraulic length = Oft Tc method = USER Time of conc. (Tc) = 13.6 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=3,146 cult 2 - SCS Runoff - 100 Yr - Op = 0.73 cfs 0.8 0.6 O 0.4 0.2 0.0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 2 Hydrograph Plot Hydraflow Hydrographs by Intelisolve Hyd. No. 1 PREDEVELOPMENT RUNOFF Hydrograph type = SCS Runoff Peak discharge = 0.03 cfs Storm frequency = 2 yrs Time interval = 2 min Drainage area = 0.36 ac Curve number = 56 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 13.6 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=317 cult 1 - SCS Runoff - 2 Yr - Qp = 0.03 ds 0.04 0.03 w CY 0.02 0.01 0.00 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 Hydrograph Plot Hydraflow Hydrographs by Irderwive Hyd. No. 1 PREDEVELOPMENT RUNOFF Hydrograph type = SCS Runoff Peak discharge = 0.21 cfs Storm frequency = 10 yrs Time interval = 2 min Drainage area = 0.36 ac Curve number = 56 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 13.6 min Total precip. = 4.60 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrogmph Volume=1,074 cult 1 - SCS Runoff - 10 Yr - Qp = 0.21 ds 0.2 0.2 0.1 ar 0.1 0.0 0.00 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 Hydrograph Plot Hydraflow Hydrographs by Intelisolve Hyd. No. 1 PREDEVELOPMENT RUNOFF Hydrograph type = SCS Runoff Peak discharge = 0.66 cfs Storm frequency = 100 yrs Time interval = 2 min Drainage area = 0.36 ac Curve number = 56 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 13.6 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=2,826 curt 1 - SCS Runoff - 100 Yr - Qp = 0.66 ds 0.8 0. 0.4 0.2 0.0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE PLAN LOT 6 MARLBOROUGH ROAD SALEM, MASSACHUSETTS A. Roof Recharge Chambers The recharge chambers shall be inspected following each major storm(more than one inch of rainfall in 24 hours)but at least four times annually. Water levels in the observation wells should be recorded at the beginning, 24 hours and 48 hours following a major storm. The water level should not exceed six inches at 48 hours after the end of the storm. Operation and maintenance of the recharge chambers shall be the responsibility of the individual homeowner. The parry responsible for Operation and Maintenance of the Stormwater Management Facilities is: Paul DiBiase, Trustee Osborne Hills Realty Trust P. O. Box 780 Lynnfield, MA. 01940 Tel: 781-844-7026 or his heirs and assigns. 'I'MIUMA i M, xlr�� 0 IT tr Fo m, i wi) ;11!JA' 41AS 4*%* ovz -kN A R All -2 wr 'I.4mw �WV ZVI!" r/z Ail _RM RAP KPIMM WN iA X 4Y M IMAV OMW*W A an mr I— zg 11 mop WIMO LI INM PI rP .24 - gi &AW71 'M An MIME; AC I Al City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received b L o I-/ Amount Received 4 f v�' 50 Form of Payment Check Cash CHECK PAYMENTS: No. i 0y65 write check number CASH PAYMENTS: write client initials Q Sign Permit Application. Fee Conservation Commission Fee Payment received for planning Board Fee what service? Q Old Town Hall Rental Fee 0 Other Name of staff person // receiving payment rrdnK To&#jji 0 Additional Notes Nol 6r- 6 AIM ,4 xW. i - DATE INVOICE AMOUNT 53179 JOHN R. KEILTY, ESQUIRE 113 Counselor at Law 40 LOWELL STREET - PEABODY, MASSACHUSETTS 01960 N°. 10465 PAY �� DOLLARS _GATE TOTHEORDEROF'. - -:GROSSAMT.. - _ DESORI ION -NET AMOUNT.... =1 0 0 = , r • Eastern Bank —Lynn, MA. _ . _ .oHi D SIGN 1110104650 i:0 i, i 30 09EP: 60 004 9119 Original Chedt and Form: DPCD Finance Copy 1: Client Copy 2: Application File