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64-362 - 119 MARLBOROUGH ROAD - CONSERVATION COMMISSION
9tK Owl- . 6y-3�2 I I CERTIFICATE OF COMPLIANCE PHOTO LOG 119 MARLBOROUGH ROAD,SALEM,MASSACHUSETTS iunmoinevtdu]/2i/MexGnaxWP SCUNmAvnmxAcw./S•IMPPNN!®I a 9 fi u � l Yew of roof drain that is directed Into the ground and connects wRh the recharge bed located under the lawn. 'll' ��°II •�i+ J i w ' a,�h ry r �•As 'S c�.,��"l Side view of roof drain directed into the ground and connected to recharge bed. Page 1 of 1 i CERTIFICATE OF COMPLIANCE PHOTO LOG 119 MARLBOROUGH ROAD, SALEM, MASSACHUSETTS Au BNo ivax ON 6/20/06 BY Fxw[TAO uN.Pvrvry HABBoxCwMJN R t a ',n �r s ° '�e-y View of approved lawn,deck,and driveway all within the outer 100 of the buffer zone f; View of the rear of the home from the edge of approved lawn area. Page 1 of 2 a Fy h.✓h �.}y J9 � d .y`iYY yy� f r % p< e CITY OF SALEM CONSERVATION COMMISSION %TIF VTSTT FARM 1 PROJECT LOCATION: —LL1 WW) f s 1�k DATE OF SITE VISIT• 3 25 16 / PROJECT PROPONENT: JIMm pJ 1I yto1�- D d EP FILE NUMBER:- BER: 3 a PROPOSED WORK: �IyvxYy lCf� c�F (avZtQe S io IQS."4e 6 . IN ATTENDANCEw .; &.er . "" ,'I Commission Members/Agent: Olt,,, Abutters: Applicant/Property Owner/Representative: SITE IT, ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal AREAS.OFJURISDICTION ° Mirk r`" "' � INLAND RESOURCE AREAS COASTAL RESOURCE AREAS i LJ Bank N ❑ Land Subject to Coastal ❑Land Under the Ocean jStorm Flowage ❑Bordering Vegetated Wetland ElPort Area ElCoastal Beach ❑Land Subject to Flooding i ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: i' ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SAIEM.COM I t `BUFFER:2ONE'(within.300 feet)' =°* ❑Water Body 9 Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage Prevention Nrevention of Pollution „Protection of Fisheries f� Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE YISIT.DOCUMENTATION. }; 4 Photos ❑ Site Map ❑ other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. fOYAc 01 alp",p", nhLL ` 0 V /1T()I yin l ��� � rz� C l JI1.0 a -r: RECOMMENDATIONS k�__...,;,.� '�'>'�._.va�'�.......;;:.. .....:mot�`'- Massachusetts Department of Environmental Protection Bureau-,of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-362 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP � A. Project Information " Important: I II II II III I I I IIIIII I I IIII When filling out 1. This Certificate of Compliance is issued to: 2006083000071 8015034 Pg;134 forms on the 08/30/2006 09:36:00 OTHER P9 1/4 computer, use Jimmy DaSilva only the tab Name key to move 119 Marlborough Rd yourcursor- 9 Mailin Address do not use the Salem MA 01970 return key. Citylrown - State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Osborne Hills Realty Trust Name February 19, 2004 64-362 Dated DEP File Number 3. The project site is located at: 119 Marlborough Rd Salem Street Address - City/Town .. 9 0295 Assessors Map/Plat Number, - - „_ ::,-,Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Osborne Hills Realty Trust Property Owner(if different) Essex - 22703 49 County Book Page Certificate - 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: July 25, 2006 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced <;Order of Conditions has been satisfactorily completed. 0._Partial Certification: It is hereby certified that only.the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily- completed.The project areas or work 'Subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.7/13/04 Page 1 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA4�oi l 8B — Certificate of Compliance 64-362 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: 119 Marlborough Road 64-362 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 y Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.dw•rev.7/13/04 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64-362 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Jimmy DaSilva computer, use Name only the tab key to move 119 Marlborough Rd your cursor- Mailing Address do not use the Salem MA 01970 return key. city/Town State Zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Osborne Hills Realty Trust ® Name February 19, 2004 64-362 Dated DEP File Number 3. The project site is located at: 119 Marlborough Rd Salem Street Address City/Town 9 0295 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Osborne Hills Realty Trust Property Owner(if different) Essex 22703 4 Page County Book Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: July 25, 2006 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial Certification that have been completed and are released from this Order are: wyaform Bbdoc•rev.7/13N4 Pape 1 0l 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa-3s2 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 July 27 2006 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commi n and a copy sent to the applicant and a pr riate EP egional Office See Attachment). Signatures, wpatorm ab.000•rev.7/13/04 Page 2 of 4 J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa-362 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 27 July 2006 Day Of Month Year before me,the undersigned Notary Public, personally appeared Kevin P, Cornacchio Joseph Furnari David Pabich Michael Blier, and Kevin R. Carr Jr Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/Town Conservation Commission FRANKTAORMINA Notary Public C Massachusetts MY Co MY Commission ion Explrea April 27,2012 i Sig ture of Note ublic , Fr nk Taromina Printed Name of Notary Public inI 2-� i IDIZ. My Cbmmission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public w aform ab.ew•rev.7/13/04 Page 3 of 4 J Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-362 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: 119 Marlborough Road 64-362 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 w aform ftdtl •rev.7/13/04 Page 4 of 4 _y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adana Colrain Harrpden Monroe Pittsfield Tynngham '. Dwight Street' Agawam Conway Hancock Montague Plainfield Wales 436 Dwi 9 Afford Cumnington Hatfield Monterey Richmond Were Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Asmield Deerfield Heath Monson Russell Washington Becket Easthampton Hinsdale Mount Washington Santlisfield Wendell Belchadown East Longmeadow Holland New Ashford Savoy Westfield Phone:413-784-1100 Fax:413-784-1149 Bemaddston Egramont Holyoke New Marlborough Sheffield Westhampton &andford Erring Huntington New Salem Shelbume West Springfield Brimfield Flonda Lanesborough North Mans Shutwsbury West Stockbridge Buckland Gill Lee Northampton Southampton Whatdy Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Wikiansbur9 Chaster Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chardon Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardsdcp Millvllle Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Ducley Holliston Nouhborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Fax:508-792-7621 Bane Fitchburg Leominster Demand Sterling Wesdord TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Peaon Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxboroogh Hardwick Medway Phillipston Townsend Boylston Holden Mention Pnnceton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tsbury 20 Riverside Drive Mushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosndd Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Ouxbury Halifax New Bedford Rochester Well leet Bemstable Eastham Hanover North Atti.rough Rockland West Bridgewater Phone:508-946-2700 Berkley East Bridgewater Hanson Norton Sandwich Westport Fax:508-947-6557 Bounds Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chiimark Franklin Mashpee Plynoton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield AAdwer chefs" Holbrook Methuen Randolph Wapde 1 Winter Street Mingtm Cohaseet Hull Middleton Reading affharn Boston,MA 02108 - Ashland Concord Ipswich Millis Revere Watertown Bedford Danvers Lawrence Milton Rockport Wayland Phone:617-654-6500 Belmont Dedham Lexington Nahant Rowley Wellesley Fax: 617-556-1049 Beverly Dover Lincoln Natick Salem `Nanharn TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Bedord Everett Lynnfield Newburyport Sherbcm Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-See Norfolk Stoneham Wilmington Budingtan Gloucester Marblehead No"Mower Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury rn Carlisle Haverhill Melrose Peabody Topsfield Page 1 of 1 wpaformab.doc•DEP Addresses•rev.7A&06 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of ComplianceILI 6�—`��' a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: 1. This request is bei made b When filling out q r��W/ y forms on the f computer,use Name only the tab //F ��li[�„_ 0� v f key to move your cursor- Ma�ilin$Aydress A �p do not use the return key. City/rown �/ State Zip Code �i�r c���� 3i-33s- 960D ILA Phone Number 2. This request is in referenc ork i ula d by�I Order of Conditions issued to: 4s6ern e. �� A�i //'us6 APPlicant/ eU / / - o�� V 7 a Dated DEP File Number Upon completionof the work 3. The project site is located at: authorized in ��9 /�a.rmy(� an Order of Street Address Cityrrown Conditions,the ©a9S property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Condition was r rde Registry d at the Re ist of Deeds for: r/ [, from the issuing OSAL brnC /�/„ HQ/7yTuST authority stating Property Owner(if different)that the work or County E-5r�K .Z 7�/3 �? portion of the work has been Book Page satisfactorily Completed. Certificate(if registered land) 5. This request is for certification that(check one): the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaformea.dw•rev.7/13104 Page 1 of 2 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. 94 No SiTeplon is jncIucw) B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see Attachment). wadorm8aAm•rev.7/131D4 Page 2 of 2 '\ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided 3y DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ❑ Order of Conditions not use the return key. ® Amended Order of Conditions VQ To: Applicant: Property Owner(if different from applicant): Osborne Hills Realty Trust Same Name Name P.O. Box 780 Mailing Address Mailing Address Lynnfield MA 01940 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 119 Marlborough Road (lot 2) Salem Street Address City/rown Map 9 Portion of Parcel 1 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 17338 313 County Book Page NA Certificate(if registered land) 3. Dates: February 19, 2004 June 24, 2004 June 24, 2004 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan Located in Salem, Mass Dec. 10 2003 Tifle Date Plan Above Amended May 28, 2004 5. Final Plans and Documents Signed and Stamped by: Clayton A. Morin (Civil) Christopher R. Mello (Surveyor) Name 6. Total Fee: $250.00 (from Appendix B:Welland Fee Transmittal Form) WPA Form 5 Page i of 1 Rev.07/00 Massachusetts Department of Environmental Protection DEP File"umber: UflBureau of Resource Protection - Wetlandssa-3s2 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Farm 5 Rev.02/00 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years4rom 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 64-362 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Rev.02/00 Page 3 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Amended Conditions Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Rev.02/00 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 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 b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for P 9 P y additional conditions, select box to attach a text document ❑ E. Issuance This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4�f����date of issuance. 1. Date ofi/isfin (r r Please indicate the number of members who will sign this form: S) This Order must be signed by a majority of the Conservation Commission. z.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 rotection Regional Office, if not filing electronically (see Appendix A), and the property owner, if 'ffer tfro pp' nt. Signa r wpafo.sdoc• rev.6/24104 Page 6 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions 6 3 6 2- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance`(cont.) Notary Acknowledgement Commonwealth of gMas chusetts County of On this 2 r of movie` ZO(D Day Month Year Before me, the undersigned Notary Public, personally appeared S��Gw1 ConSGJ��eyt CornmfS�/u� �l-�.tb2tS . Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Kv)o vi V) F-C1,S0--)LCJ�y 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. Pew As member of cityrroown�i Conservation Commission / Signature of Notary Public I/ -' cT!/l/(?lit /f.3 u e� Printed Name of NotaryPublic .{77; Commof,, sett ('lace notary seal and/or any stamp above My commission Jjg&(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on [ by certified mail,return receipt requested, on IV'C 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. wpafoimS.Coc• rev.624/04 Page 7 of 8 Massachusetts Department of Environmental Protection DEP File Number: 9@+f Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP w Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission WPA Forth 5 Page 6 of 6 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number. lBureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEPMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 119 Marlborough Road (lot 2) 64-362 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form 5 Page 7 of 7 Rev.02I00 Salem Conservation Commission AMENDED CONDITIONS—DEP FILE # 64-362 119 Marlborough Road (lot 2), 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#64-363,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 44,45&46 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be 30 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 phasesrof 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 tha r ummum 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 ei4bugh 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,fimily anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans, and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps, asphalt, and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash, construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel, oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTION 39. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,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. 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their ' removal. ADDITIONAL CONDITIONS ` 44. The detention pond located in the rear of Lots 1 &2 shall only be used and associated with these two particular properties only.No other property or development shall use this detention pond for stormwater management. This condition shall be in perpetuity. 45. Maintenance and upkeep of the detention pond shall be the sole responsibility of the property owners of Lots 1 &2. This condition shall be made aware to the property owner's and/or future owners prior to the purchase of the property and shall be incorporated within the two properties deeds.This condition shall be in perpetuity. 46. The City of Salem and/or designee reserve the right to enter the two properties for inspection purposes of the detention pond to ensure proper maintenance. It shall be the responsibility of the property owners to respond to recommendations made during inspections.This condition shall be in perpetuity. AMENDED CONDITIONS 47. The shared storm water detention/retention pond be eliminated from lots 1 and 2. Massachusetts Department of Environmental Protection DEP File Number: = Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Osborne Hills Realty Trust Same FnA Name Name P.O. Box 780 Mailing Address Mailing Address Lynnfield MA 01940 Cityrrown State Zip Code Cityfrown State Zip Code 1. Project Location: Lot 2 Marlborough Road Salem Street Address cityrrown Map 9 Portion of Parcel 1 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 17338 313 County Book Page 9 NA Certificate(if registered land) 3. Dates: February 19, 2004 April 8, 2004 April 8, 2004 Dale Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan Located in Salem, Mass Dec. 10 2003 Title Dale 5. Final Plans and Documents Signed and Stamped by: Clayton A. Morin (Civil) Christopher R. Mello (Surveyor) Name 6. Total Fee: $250.00 (from Appendix B:Welland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.07/00 ` DEP File Number: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP w W Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges, it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. WPA Form 5 Page 2 of Rev.02J00 ;. Massachusetts Department of Environmental Protection DEP File Number: 3 Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP t a= Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 64-362 " 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. VJPA Forth 5 Page 3 of 7 Rev.02100 l Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15, This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Special Conditions Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Page d of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: u Bureau of Resource Protection - Wetlands 6-1-3r�z ' WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Awt ,\ a zo�y Dates This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional a t property own (if different from applicant). On t'A�N 1 Of , 'Zcri� j Day Month and Ye r before me personally appeared to me known to be the person described in and who executed the foregoing instrument and ackno ed that he/s a exec edhesa as his/her free act and deed. ffcommon J.CEO ALO Ptary Public My Commission xpires o`M1rie achusettss�,oa ExpiresThis Order is issued to the applicant as follows: ? Cl' by hand delivery on ❑ by certified mail, return receipt requested,on - \ zat2ooy Date Date WPA Form 5 Page of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-362 WPA Form 5 - Order of Conditions Provided by DEP t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission NPA Forth 5 Page 6 of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: � Bureau of Resource Protection - Wetlands r 64-362 WPA Form 5 - Order of Conditions Provided by DEP r= Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 2 Marlborough Road 64-362 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form 5 Page 7 of 7 Rev.02100 Salem Conservation Commission SPECIAL CONDITIONS —DEP FILE # 64-362 Lot 2 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#64-363,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 44,45 &46 as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be 30 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 All i -w p areas. discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps, slash,construction materials, etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTION 39. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, 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. I 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to-request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas; and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. If the completed work differs from that in the original lans and conditions the report musts specify how the PP � P P fY work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 44. The detention pond located in the rear of Lots 1 &2 shall only be used and associated with these two particular properties only.No other property or development shall use this detention pond for stormwater management. This condition shall be in perpetuity. 45. Maintenance and upkeep of the detention pond shall be the sole responsibility of the property owners of Lots I &2. This condition shall be made aware to the property owner's and/or future owners prior to the purchase of the property and shall be incorporated within the two properties deeds.This condition shall be in perpetuity. 46. The City of Salem and/or designee reserve the right to enter the two properties for inspection purposes of the detention pond to ensure proper maintenance. It shall be the responsibility of the property owners to respond to recommendations made during inspections.This condition shall be in perpetuity. Frank Taormina From: Joe Nerden Sent: Thursday, June 17, 2004 5:25 PM To: Denise McClure; Frank Taormina Cc: Bruce Thibodeau Subject: DiBiase Lots 1 &2 Marlborough Road Denise & Frank, have a revised letter from Chris Mello, dated June 17, 2004, regarding the deletion of the detention pond on the two lots noted above (F12795). Engineering/DPW is in favor and supports this request by Mr. Mello, on the condition that storm water detention/retention of a similar volume be applied elsewhere on Mr. DiBiase's property and in conjunction with the proposed subdivision and housing slated for Marlborough Road. In particular, Mr. DiBiase also owns the parcel adjacent to these two particular lots with an existing drain outfall coming from Marlborough Road that may benefit from such a treatment. If appropriate, we would prefer to see the storm water mitigation in the location of the street drain outfall. Should that not be feasible, there will be other locations on the subdivision site that would be more beneficial than the two lots currently approved for installation. I am sending you a hard copy of the faxed letter I received from Mr. Mello today. Please let me know if you need further documentation on this matter for approval at next Thursday's Con Com mtg. Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email:jnerden@salem.com 1 FROM : Fastern Lard Survey FAX NO. 9705315920 Jun. 17 2004 01:49PM P2 Professional Land Surveyors 8 Cmil Engineers ESSEX SURVEY SERVICE 1958. 1986 OSBORN PALMER 1911 -1970 BRADFORD&-WEED 1885- 1972 June 17. 2004 Mr. Joseph E. Nerden Assistam City Engineer Assistant Director of D.P.W. City of Salem 120 Washington St.,4'"Fir. Salem, MA. 01970 RE: F 12795 LOT 1 &LOT 2 MARLBORO RD, SALEM, MA. Dear Mr. Nerden: The above referenced Site Plan has been revised, eliminating the stormwater detention facility at the rear ofthe.proposed dwellings. The proposed change will result in less grading and less Buffer Zone activity. Based upon conversations agreed to by the Salem Department of Public Works,the applicant,will address the detention volume elsewhere on the site in conjunction with the proposed subdivision. Sin Christopher R. Mello, P.L.S. President CRM:alb 104 LOWELL STREET PEABODY,MASS. 01960 TELEPHONE: 978.531-8121 TELECOPIER: 976-531.5920 E-MAIL: els @prodigy net 2g�3gom 16M swan Professional Land Surveyors&Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 June 7, 2004 Mr. Kevin Cornacchio, Chairman Salem Conservation Commission 120 Washington St., 3rd Floor Salem, MA. 01970 RE: F12795 LOT 1 & LOT 2 MARLBORO RD. SALEM, MA. Dear Mr. Chairman: The above referenced Site Plan has been revised, eliminating the stormwater detention facility at the rear of the proposed dwellings. The proposed change will result in less grading and less Buffer Zone activity. Sincerely, Christopher R. Mello, P.L.S. President CRM:alb 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net JOHN R. KEILTY, COUNSELOR AT LAw 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 " � +IGYI� JUN 0 9 2004 June 7, 2004 �x. mr..nr.... Conservation Commission City of Salem 120 Washington Street Salem, MA 01970 Attn: Mr. Frank Taormina Re: Lots 1 and 2, Marlborough Road,Salem,Massachusetts Dear Mr. Taormina: Please find enclosed a copy of a letter from Eastern Land Survey Associates, Inc. reflecting the impact of modification upon the wetlands. Very truly yours, John R. Keilty, ire JRK/emb Enclosure JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 JUN 0 3 2004 441,1 June 2, 2004 Conservation Commission City of Salem 120 Washington Street Salem, MA 01970 Attn: Frank Taormina Re: Lots 1 and 2, Marlborough Road,Salem, Massachusetts Dear Mr. Taormina: Please find enclosed seven (7) copies of a revised Site Development Plan pertaining to Lots 1 and 2 at Marlborough Road in Salem, Massachusetts. The accompanying Plan depicts the elimination of a detention system which is being done at the request of certain City Representatives. Kindly schedule this matter for a public hearing and once provided with a list of abutters, I will provide notice to the abutters. Very truly yours, 7,/John R. Keil squire JRK/emb Enclosures LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town A. General Information Important: When filling out 1. Applicant: forms on the Osborne Hills Realty Trust computer, use Name only the tab E-Mail Address key to move P. O. Box 780 your cursor- Mailing Address do not use the Lynnfield MA 01940 return key. City/Town State Zip Code p 781-844-7026 r� Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Attorney Brian McGrail Note: Contact Name E-Mail Address Before 333 North Ave. completing this Mailing Address form consult Wakefield your local MA 01880 Conservation Cityrrown State Zip Code Commission 781-246-9999 781-246-1986 regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): Same Name Mailing Address Citylrown State Zip Code 4. Total Fee: (from Appendix B:Weiland Fee Transmittal Form) 5. Project Location: Lot 2 Marlborough Road Salem Street Address City/Town 9 Portion of Parcel 1 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex So. District 17338 313 County Book Page Certificate(if Registered Land) -- 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? 7,200 Square Feet ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g., sq.ft.) B. Project Description 1. General Project Description: Construction of single family dwelling grading landscaping and stormwater management facilities 2. Plan and/or Map References: Site Development Permit Plan 12-10-03 Title Date Title Date LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered f Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Stonn Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High-Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ® DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50% or more wetland indicator plants ❑ Saturated/nundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 ® No 2000-2001 Atlas Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ACEC ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes ® No Massachusetts Department of Environmental Protection DEP File Number: �— Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131 40 Salem i , � Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: Limited Project ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: Exemption ® No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of aftemative project design or location.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ❑ Yes If yes, explain why the project is exempt:: ® No If no, stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Ll)v Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Salem Town E. Additional Information Applicants must include the following with this Notice of Intent(NOI): • 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. • 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. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NO]. 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 (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: D8/0 L a/S.,lcrr c;P '/ 7-oaf Check Number J-0-���- Check date p 6 /_ Aavl-z ,/ PaWMafiie on check Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the re quirem of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return e i re sted)toalljoutters within 100 feet of the property line of the project location. 17-� =Prop Date Date Signs a of Represents ive(if any) Date Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important. A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab Osborne Hills Realty Trust key to move Name your cursor- P. O. Box 780 do not use the Mailing Address return key. Lynnfield MA 01940 F Cfij/rown State Zip Code 'I 781-844-7026 Phone Number 2. Property Owner(if different): Same Name Mailing Address Cfty/Town State Zip Code Phone Number 3. Project Location: Lot 2 Marlborough Road Salem Street Address City/Town B. Fees To calculate filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category fee list and The fee is calculated as follows(check applicable project type): examples in Section D of this form. ❑ single family house project X$1.00= (feet of BW✓) Total fee(not to exceed$100) ❑ all other projects (feet of BWV) Total fee(not to exceed$1,000) State share of filling fee: (1/2 of total fee less$12.50) Cityrrown share of filling fee: (112 of total fee plus$12.50) Massachusetts Department of Environmental Protection LlBureau of Resource Protection -Wetlands WPA Appendix B — Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cunt.) Abbreviated Notice of Intent(Form 4)or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities) that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Step 1/Type of Activity Step 2/Number Step 3/individual Step 4/Subtotal of Activities Activity Fee Activity Fee Category 2 a 1 $250.00 $250.00 Step 5/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (Total fee from Step 5) State share of filing fee:$112.50 (12 total fee less$12.50) City/Town share of filling fee:$137.50 (12total fee plus$12.50) DATE INVOICE AMOUNT 53-179 JOHN R. KEILTY, ESQUIRE 113 Counselor at Law 40 LOWELL STREET N0 10063 PEABODY, MASSACHUSETTS 01960 .- _ 11 PAMOUNT DOLLARS DATE TO THE ORDER Of 1, GROSS AMT DESCRIPTION NET AMOUNT ev Eastern Bank -Lynn, MA AUTHOfli SI ATUHE 114OL0063110 1:0113OL ?981: 60 0045389 GATE INVOICE AMOUNT 53-179 113 JOHN R. KEILTY, ESQUIRE Counselor at Law 40 LOWELL STREET NO_ 10064 PEABODY, MASSACHUSETTS 01960 of DOLLARS PAY AMOUNT GflOSSAMT DESC IPTION NET AMOUNT GATE TO THE OflDER OF _ - _-�_--____•r S AT, 9E Eastern Bank -Lynn, MA H•01006411' 1:0113017981: 60 004538911' J b . r/r o Y p W <✓ r 1i'1{ V' t a / 1 p rr r 11 It � + l - �� 1/r It mor{hM n>.+• �, i Ir, I 4 v � 1 P I u p n� r 'I �Y� r �' n °I �l �_ t c ,in.y r 1 � I l� h If I-P;� �� $P ��I t '�I� i'„i�,..:/l q + II:} I _ ♦ m % c � 11 AI JIP� I '� Y III*f Ilil rl ✓v � � � j r t 1 \•, I � , � 1 /.f'A 1° I ' ,./ ,}i F iF ICY' h�''" //� �-f �L., �� t�t�'C{ � �, r/ o o g - ,..� � u�l r.r � t� ,< �J A�1 +nl � �i a� � It , _�/. � * �' ( '11 t(/R• A ��� � , 4' I p. `Y l� IIII �^.( � � ( x ✓ r Ih It 'Ir�II�b ,.j t � .. x lh v �I�. �j s -t l g1 Ir �r I NI yl rr4 j �Ir w rinf ' I r I a<Y. �I , ►'�+ Q r ^�� iP rr ,p� 14r � r' � �� � 1; Ill��y°h.�M, t > • �\s' � 1 0 I aYPv 1 �. I+ i — K Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix C - 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: forms on the computer, use only the tab New development M Yes key to move your cursor- ❑ No do not use the return key. Redevelopment ❑ Yes ® No Combination ❑ Yes (If yes, distinguish redevelopment components from new development components on plans). Note: ® No This November 2000 version of the Stormwater 2. Stormwater runoff to be treated for water quality are based on which of the following calculations: Management Form supersedes ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas earlier versions (Outstanding Resource Waters, recharge areas of public water supplies, shellfish growing areas, including those swimming beaches, cold water fisheries). contained in DEP's Stormwater ® 0.5 inches of runoff x total impervious area of post-development site for other resource areas. Handbooks. 3. List all plans and documents (e.g. calculations and additional narratives)submitted with this form: Site Development Permit Plan December 10 2003 Stormwater Management Plan December 2003 B. Stormwater Management Standards DEP's Stormwater Management Policy(March 1997) includes nine standards that are listed on the following pages. Check the appropriate boxes for each standard and provide documentation and additional information when applicable. Standard#1: Untreated stormwater ® The project is designed so that new stormwater point discharges do not discharge untreated stormwater into, or cause erosion to, wetlands and waters. RIMMER ENVIRONMENTAL CONSULTING 0111J. . , 21 Pine Island Road Newbury, MA 01951 Tel 978-463.9226 Fax 978-463-8716 December 17,2003 Christopher R.Mello Eastern Land Survey Associates, Inc. 104 Lowell Street Peabody,MA 01960 Re: Wetland Delineation and Evaluation Marlborough Street Salem,MA Dear Mr.Mello: " The following is a summary of wetland site investigations conducted at the property located off of Marlborough Street in Salem,Massachusetts. The purpose of these investigations was to determine the extent and location of wetland resources subject to jurisdiction under the Massachusetts Wetlands Protection Act(MGH Ch. 131 s.40) and the City of Salem Wetlands Ordinance within and immediately adjacent to the project site. METHODS The limits of jurisdictional wetland resources were delineated by Rimmer Environmental Consulting on October 29 and December 16,2003. Wetlands were identified with numbered sequence of flags in accordance with the procedures established within the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00)and the Department of Environmental Protection—Delineating Bordering Vegetated Wetlands 'Handbook(1995), as well as the City of Salem Wetlands Ordinance. Wetland vegetative criteria as well as evidence of wetland hydrology, including hydric soils were used to delineate the wetland boundary. SITE DESCRIPTION The site consists of two.residential lots off of Marlborough Street. The rear of the lots contain a wetland system that borders on the Strongwater Brook. This portion of Strongwater Brook was determined by the Salem Conservation Commission under a previous filing for work down stream to be intermittent. The stream becomes perennial north of the'site. Eastern land Survey Associates,Inc. Re:Marlborough Street—Salem,MA Page 2 of 2 WETLAND RESOURCES The following wetland systems are present at the site: B-Series: Bordering Vegetated Wetland The B-series delineates the boundary of a wetland located in the western most portion of the two lots. The wetland boundary follows the toe of a steep slope and there is a clear change in vegetation from the upland to the wetland. The dominant vegetation in the wetland includes red maple(Acer rubrum)and green ash(Fraxinus pennsylvanica) in the overstory,and northern arrow-wood (Viburnum dentatum),winterberry(Ilex verticillata) and multiflora rose(Rosa multij7ora)in the understory. The dominant vegetation in the adjacent upland includes black cherry(Prunus serotina), white ash(Fraxinus americana) and poplar(Populus deltoides)in the overstory, and black cherry and privet(Ligustrum sp.)in the understory. OTHER RESOURCES There are no certified vernal pools,estimated habitat of rare wetlands wildlife,or priority habitats of rare species within the project area, as determined by reference to the Massachusetts Natural Heritage and Endangered Species program,Natural Heritage Atlas (I Ith edition). SUMMARY Any proposed construction or activity at the site within the 100-foot Buffer Zone to Bordering Vegetated Wetland will be subject to review by the Salem Conservation Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaw. Please feel free to contact us should you have any questions or require additional information regarding this project. Very truly, RIMMER E ONMENTAL CONSULTING Mary Rimmer Wetland Scientist RUMMER ENVIRONMENTAL CONSULTING DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: EEC Project location:Marlborough St.. Salem DEP File #: Check all that apply: ❑ Vegetation alone presumed adequate BVW boundary: fill out section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: Wet Transect number:B92 Date of delineation:12/16/03 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientiric name) (or basal area) Dominance (yes or no) Indicator Category* Trees: Green ash/Fraxinus pennsylvanica 38.0 100 Yes *FACW Shrubs: Northern arrow-wood/Viburnum dentatum 63.0 48 Yes *FACW Green ash/Fraxinus pennsylvanica 20.5 15 No *FACW Multiflora rose/Rosa multiflora 10.5 08 No FACU Winterberry/Ilex verticillata 38.0 29 Yes *FACW Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131,s.40);plants in the genus Sphagnum;plants listed as FAC, FAC+,FAC-,FACW,FACW+, or OBL;or plants with physiological or morphological adaptations.If any plants are identified as wetland indicator plants due to physiological or met hological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 3 Number of dominant non-wetland plants: 0 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ® yes ❑ no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Requestfor Determination of Applicability or Notice of intent MADEP;3/95 Section II. Indicators of Hydrology Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe) 1. Soil Survey ❑ Site inundated: Is there a published soil survey for this site? Yes ® Depth to free water in observation hole: w/i 4" ❑ Water marks: Title/date: Essex County, Southern Part Map number: 11 ❑ Drift lines: Soil type mapped: CrD, Chatfield Hollis Rock Outcrop Hydric soil inclusions: Freetown, Swansea, Ridgebury ❑ Sediment deposits: Are field observations consistent with soil survey?®yes❑no ❑ Drainage patterns in BVW: Remarks: 2. Soil description ® Oxidized rhizospheres: Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves: A 0-12 10YR 3/1 B 12-18+ 10YR 7/1 10YR 6/4 ❑ Recorded data(stream, lake, or tidal gauge; aerial photo, other):_ ❑ Other: Vegetation and Hydrology Conclusion Remarks Yes No 3. Other Sandy loam to Sandy Number of wetland indicator plants ® ❑ Conclusion: Is soil hydric? ® yes ❑ no >number of non-wetland indicator plants: Wetland hydrology present: ® ❑ Hydric soil present Other indicators of hydrology present: ® ❑ Sample location is in a BVW ® ❑ Massachusetts Department of Environmental Protection L71� Bureau of Resource Protection - Wetlands WPA Appendix C - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard#2: Post-development peak discharges rates ❑ 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. ❑ without stormwater controls ® with stormwater controls designed for the 2-yr, and 10-yr storm, 24-hr storm. ® the project as designed will not increase off-site flooding impacts from the 100-yr, 24-hr storm. Standard#3: Recharge to groundwater Amount of impervious area (sq. ft.)to be infiltrated: 725 Volume to be recharged is based on: ® The following Natural Resources Conservation Service hydrologic soils groups (e.g.A, B, C, D, or UA) or any combination of groups: 100 B (%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group) (%of impervious area) (Hydrologic soil group) ❑ Site specific pre-development conditions: Recharge rate Volume Describe how there calculations were determined: List each BMP or nonstructural measure used to meet Standard#3. (e.g.dry well, infiltration trench). Infiltration Gallery Does the annual groundwater recharge for the post-development site approximates the annual recharge from existing site conditions? ® Yes ❑ No L71Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix C - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard#4: 80% TSS Removal ® The proposed stormwater management system will remove 80% of the post-development site's average annual Total Suspended Solids (TSS) load. Identify the BMP's proposed for the project and describe how the 80% TSS removal will be achieved. Sediment Forebay, extended detention 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 Does the project site contain land uses with higher potential pollutant loads Policy Handbook Vol. I, page 1-23, for land uses of ❑ Yes If yes, describe land uses: high pollutant loading ® No Identify the BMPs selected to treat stormwater 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 I-25, for critical areas. ❑ Yes If yes, describe areas: ® No Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix C - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Identify the BMPs selected for Stormwater 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: Note: components of Standard#7: Redevelopment projects redevelopment projects which Is the proposed activity a redevelopment project? plan to develop previously ❑ Yes If yes,the following stormwater management standards have been met: undeveloped areas do not fall under the scope of Standard 7. ® No The following stormwater standards have not been met for the following reasons: ❑ The proposed project will reduce the annual pollutant load on the site with new or improved stormwater control. Standard#8: Erosion/sediment control M 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 ® An operation and maintenance plan for the post-development stormwater controls have been developed. The Ian includes ownership p p 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& Maintenance Plan December 2003 Planlrftle Date Planlritle Date Massachusetts Department of Environmental Protection �— Bureau of Resource Protection -Wetlands WPA Appendix C - Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements DEP recommends that applicants submit this form, as well as, supporting documentation and plans, with the Notice of Intent to provide stormwater management information for Commission review consistent with the wetland regulations (310 CMR 10.05 (6)(b))and DEP's Stormwater Management Policy(March 1997). If a particular stormwater management standard cannot be met, information should be provided to demonstrate how equivalent water quality and water quantity protection will be provided. DEP encourages engineers to use this form to certify that the project meets the stormwater management standards as well as acceptable engineering standards. For more information, consult the Stormwater Management Policy. D. Signatures r g es Applica ^ Date na re Representative(if any) Date Signature DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: REC Project location:Marlborough St., Salem DEP File #: Check all that apply: ❑ Vegetation alone presumed adequate BVW boundary: fill out section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: UPI Transect number:B92 Date of delineation:12/16/03 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientific name) (or basal area) Dominance (yes or no) Indicator Category* Trees: Black cherry/Prunus serotina 38.0 78 Yes FACU White ash/Fraxinus americana 10.5 22 Yes FACU Sapl: White ash/Fraxinus americans 10.5 100 Yes FACU Shrub: Japanese knotweed/Polygonum cuspidatum 10.5 15 No FACU Privet/Ligustrum sp. 38.0 55 Yes FACU Nannyberry/Viburnum lentago 20.5 30 Yes *FAC Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131, s.40);plants in the genus Sphagnum;plants listed as FAC, FAC+,FAC-,FACW,FACW+, or OBL;or plants with physiological or morphological adaptations.If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 1 Number of dominant non-wetland plants: 4 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ❑ yes ® no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Request for Determination of Applicability or Notice of intent MADEP;3/95 Section II. Indicators of Hydrology Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe) 1. Soil Survey ❑ Site inundated: ❑ Depth to free water in observation hole:_ Is there a published soil survey for this site? Yes ❑ Water marks:_ Title/date: Essex County, Southern Part Map number: 11 ❑ Drift lines: Soil type mapped: CrD, Chatfield Hollis Rock Outcrop Hydric soil inclusions: Freetown, Swansea, Ridgebury ❑ Sediment deposits: Are field observations consistent with soil survey?®yes❑no ❑ Drainage patterns in BVW: Remarks: ❑ Oxidized rhizospheres: 2. Soil description Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves: A 0-12 10YR 514 ❑ Recorded data(stream, lake, or tidal gauge; aerial photo, other):_ ❑ Other: Vegetation and Hydrology Conclusion Remarks Yes No 3. Other Refusal at 12" Number of wetland indicator plants ❑ >number of non-wetland indicator plants: Conclusion: Is soil hydric? El yes ® no Wetland hydrology present: ❑ Hydric soil present Other indicators of hydrology present: ❑ Sample location is in a BVW ❑ 1 Professional Land Surveyors&Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 STORMWATER MANAGEMENT PLAN LOTS 1 & 2 MARLBOROUGH ROAD SALEM, MASS. DECEMBER 2003 E h10RIN c�� CIVIL D No.30959 n o SlQNALEN��� 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 , TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net Y I Vl SUMMARY A variety of stormwater best management practices are proposed for the two lots in order to achieve compliance with the DEP Stormwater Management Policy. Recharge of roof runoff from 50 percent of each dwelling is proposed. A shallow detention basin is proposed in the central portion of the lots to mitigate peak runoff rates. A sediment forebay and infiltration area is proposed to treat one half inch of runoff to 85 percent total suspended solids removal. Predevelopment and postdevelopment runoff calculations are summarized as follows: Storm Predevelopment Postdevelopment Frequency Peak Runoff(CFS) Peak Runoff(CFS) 2 year .10 .09 10 year .47 .22 100 year 1.39 1.18 O r t� a �� H a >irk'�Av,' � �� �' .'��t, .,, ' Ilk v `„,^gat •�t,�y r � . � y ' �' �o t•.`�, ,.= �'• ; '+. �Y�Y`'t��*K�� 'pia(` ••�4�'y�' f� kt r ?raj �t �1`, y; a •.i a V." y �1 ,t.$ a� I ♦.��' t �� •• , ,/fit � �i~W�` • � ' f'�'.L' v� �a A'r �f"vf J 3 w 11 t f+��tJ��i. /'• a' / /y� /t1.��' ��` ' • • � (Y,.'• 1� `�`(�1 �!�. �'ay y, ir. Y f �p�..'�f L f��',�"y'�. a �rT:,S :�K1i T ' y �'� + �• + ti ,ti,Y�J `M1 � +'/� v:' � ei '. ; 4,- ; {v�s fit • L t ``•ta t •. r ,/ � �.+.. •:y _y T y, p. � � '.�` t vT �t)I�t T •aBa[tFFr � ; y C „ 1 O .,!R.a=� ar'�®y ill �� � ..• �0iy t to"' � �,p `�k: C• .��Yyt. � r / e :..4 � p>>.. � _ 4 t4' r'S'�' S � t + � '-�,` f ,�.!''*4 ttn•a. y!y< �a:J,1 fu�? � I ' "t '� + ln.�H. �•' I.' O m -"� .� L + , 'y, 1"� J� t ice' ♦ta i ♦,• •�� ,1 +i .. 1�• `^ i 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 leas than; > means more than. Absence of an entry indicates that the feature is not a concern] Ploodi Hi water table Risk of corrosion Soil name and (Hydro-I IPotentiall map symbol I loglcl Frequency I Duration lMontha I Depth I Kind IMonths I frost (Uncoated (Concrete Igroup I I I I 1 I 1 action 1 steel 1 t AnB, AnC, AnD-----I C (None-------I --- I --- 11.5-2.51Perched (Jan-AprlModerate (Low-----(High. Annlsquam I I 1 I I I I I I I Bag. I I I I I I I I I I Beaches I I I I I I I I I I I 1 I I I I I I I I BeB-------------- I B 1None------I -- I -- I1.5-3.5IApparentlNov-AprlHigh----(Moderate (Moderate. Belgrade I I I I I I I I I I I I I I I I I I I I BuA, BuB, BuC-----I C (None--------I --- I --- 11.0-3.OIApparent[Nov-AprlHlgh-----IHlgh----(Moderate. Boxford I I I I I I I I I I I I I I I I I I I I Bxs+: I I I 1 I I I I I I Boxford----------I C (None-------I —_ I ___ 11.0-3.01Apparent l Nov-Apr l High----I High----I Moderate. Urban land. I I I I I I I I I I CaB, CaC, CbB, I 1 I I 1 I I I I I CbC, CbD, CcB, I I I I I I I I I I CCC, CeD, Cog----I B [None--------I --- I --- I >6.0 I --- I --- (Low-----ILow------(High. Canton I I I I I I I I I I ChC+: I I I I I I I I I I Canton-----------I B. INone--------I I >6.0. I --- I --- ILow------]LOW------IHlgh. Urban land. I I I I I I I I I I I I I I I I I 1 I I CrC+, CrD+: Chatfield--------I B [None--------I --=. I -- I >6.0 I --- I -- IModerate ILow------Moderate. I I I I I I 1 I I I - Hollis--------I C/D INone-------I — 1 --- 1 >6.0 1 -- 1 -- IModerate ILow-----(High. I I I I I I I I I I _Rock outcrop. I I I I I I I I I I -----I I I I I I I I I I De-------- I B [None—------I — I -- I1.5-3.OIApparentlDec-AprlModerate ILow------(High. Deerfield I I I I I I I I I 1 Dug. I I I I I I I I I I Dumps ElA, E1B----------I C INone--------I — I — 11.5-3.0]Perched (Nov-MaylHigh---IModerate IModerate. Elmridge I I I I 1 I I I I I PP. I I I I I I I I I I Fluvaquents I I I I I I I I I I I I I I I I I I I I Fm—------------I D (None---—---I -- 1 -- I 0-1.01 Apparent l Jan-Dee lHlgh----(High----(High. Freetown 1 I I I I I I I I I I I I I I I I I I I Pp---------------I D (None--------I --- I --- 1 +3-0 1Apparent l Jan-Dec l High---I High----IHigh. Freetown I I I I I I I I I I HfA, HfB, HfC, I I I I I 1 I I I I HfD, HfE--------I A [None--------I -- 1 -- 1 >6.0 1 --- I --- ILow------ILow----IHigh. Hinckley I I I I I I I I I I I I I I I I I I I I Huc+: I I I I I I I I I 1 Hollis----------I C/D [None--------I -- I --- I >6.0 I -- I -- IModerate ILow------[High. Urban land. I I I I I I I I I I Rock outcrop. I I I I I I I I I I I I 1 I I I I 1 I I See footnote at end of table. 7� O . yn r n C r a 0 z EASTERN LAND SURVEY ASSOCIATES, INC. JOB L uQS)SI A Je000 Christopher R. Mello PLS SHEET NO. OF 1 104 Lowell Street PEABODY, MA 01960 CALCULATED BY �_1t f v DATE n-03 (978) 531.8121 CHECKED BY �" DATE SCALE DfroW6Yc. ?QEQrcJrF LOPrn2�Jl a eo �dvp : �O• C+a Jorl - QosioFN'wF�e.n C_}ca•M1F _ 4a.D »9-> o.f...._.Zc•F'f_ 7m, e "tleoo ) .__ . ...... E2V!}o.VS� .....Cn► = 9.fi.. 0 U�oS+J .. CN =r�.F� C •Z�j.../jc_. ...... �oycv.c �o cN p _�► a.,3I � �"1 = cN8�•l.3. +58x,25 + ,tX.3l... c.c.4 J ' Ose . cat = i.�► lS: ...... p ... ............. . . Hydrograph Plot Hydraflow Hydrographs by Intermolve Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 0.10 cfs Storm frequency = 2 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 58 Basin Slope = 0.0 % Hydraulic length = Oft Tc method = TR55 Time of conc. (Tc) = 9.7 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrogmph Volume=783 cult 1 - SCS Runoff - 2Yr - Qp = 0.10 ds 0.1 0.1 Q 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 IutelisoNe Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 0.47 cfs Storm frequency = 10 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 58 Basin Slope = 0.0 % Hydraulic length = Oft Tc method = TR55 Time of conc. (Tc) = 9.7 min Total precip. = 4.60 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=2,439 cuft 1 - SCS Runoff - 10 Yr - Qp = 0.47 ds 0. 0.4 0.3 CY 0.2 0.1 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 Hydrograph Plot Hydraflow Hydrographs by Interisolve Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 1.39 cfs Storm frequency = 100 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 58 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 9.7 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=6,149 ouft 1 - SCS Runoff - 100 Yr - Qp = 1.39 ds 1.5 1. CY 0. 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 Hydrograph Plot Hydreflow Hydrographs by Irdersolve Hyd. No. 2 POSTDEVELOPMENT TO SMF Hydrograph type = SCS Runoff Peak discharge = 0.31 cfs Storm frequency = 2 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 67 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = USER Time of conc. (Tc) = 9.7 min Total precip. = 3.10 in Distribution = Type III Storm duration - 24 hrs Shape factor - 484 Hydrograph Volume=1,622 cult 2 - SCS Runoff - 2 =Yr - Q 0.31 cfs P 0.4 0.3 0.2 0.1 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 Irderwtn Hyd. No. 2 POSTDEVELOPMENT TO SMF Hydrograph type = SCS Runoff Peak discharge = 0.88 cfs Storm frequency = 10 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 67 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = USER Time of conc. (Tc) = 9.7 min Total precip. = 4.60 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrogreph Volume=3,905 cult 2 - SCS Runoff - 10 Yr - Qp = 0.88 cfs 1. 0.8 w 0.6 0.4 0.2 Lla0.0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) 0 Hyd. 2 Hydrograph Plot Hydrallow Hydrogmphs by Intelisolve Hyd. No. 2 POSTDEVELOPMENT TO SMF Hydrograph type = SCS Runoff Peak discharge = 1.97 cfS Storm frequency = 100 yrs Time interval = 6 min Drainage area = 0.75 ac Curve number = 67 Basin Slope = 0.0 % Hydraulic length = 0 ft T = - c method USER Time of cone. (Tc) - 9.7 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=8,441 cult 2 - SCS Runoff - 100 Yr - Qp = 1.97 ds 2. 1. Q 1. 0.5 0.011 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. 3 POST OUT OF SMF Hydrograph type = Reservoir Peak discharge = 0.11 cfs Storm frequency = 2 yrs Time interval = 6 min Inflow hyd. No. = 2 Reservoir name = DETENTION AREA Max. Elevation = 66.28 ft Max. Storage = 409 cuft smreoe lrkl° "nWftd used. Hydrograph Volume=1,618 cult 3 - Reservoir - 2 Yr - Qp = 0.11 cfs 0.4 0.3 w Cr 0.2 0.1 0.0 0.0 2.7 5.4 8.1 10.8 13.5 16.2 18.9 21.6 24.3 27.0 Time (hrs) / Hyd. 2 / Hyd. 3 t�rF �cc 7-rn%0 j > .'L Cc`S cove C!N.V� 4z4 pFS Hydrograph Plot Hydraflow Hydrographs by Intelimolve Hyd. No. 3 POST OUT OF SMF Hydrograph type = Reservoir Peak discharge = 0.29 cfs Storm frequency = 10 yrs Time interval = 6 min Inflow hyd. No. = 2 Reservoir name = DETENTION AREA Max. Elevation = 66.82 ft Max. Storage = 1,196 cult smrage Inakaum mWW Lmw. Hydrograph Volume=3,902 cult 3 - Reservoir - 10 Yr - Qp = 0.29 ds 1. 0.8 ,2 0.6 n CY 0.4 0.2 0.0 0.0 2.7 5.4 8.1 10.8 13.5 16.2 18.9 21.6 24.3 27.0 Time (hrs) / Hyd. 2 / Hyd. 3 0--nr- w ° 2Z C— P5 Hydrograph Plot Hydraflow Hydrographs by Irrtelisolve Hyd. No. 3 POST OUT OF SMF Hydrograph type = Reservoir Peak discharge = 1.33 cfs Storm frequency = 100 yrs Time interval = 6 min Inflow hyd. No. = 2 Reservoir name = DETENTION AREA Max. Elevation = 67.41 ft Max. Storage = 2,066 cuft StDn a IMMOM n1etlio°used. Hydrograph Volume=8,437 cult 3 - Reservoir - 100 Yr - Qp = 1.33 ds 2. 1.5 Q 1. 0.5 0.0 0.0 2.6 5.2 7.8 10.4 13.0 15.6 18.2 20.8 23.4 26.0 Time (hrs) / Hyd. 2 / Hyd. 3 EICF sLTQg-it 0 J - 1S CF5 OJ-1 V2 os J = \. \$ CFS Reservoir RepOf _ Page 1 Reservoir No. 1 - DETENTION AREA Hydrallow Hydrographs byfrderwolve Pond Data Pond storage is based on known contour areas. Average end area method used. Stage/Storage Table Stage(ft) Elevation((t) Contour area-(sgft) Incr.Storage(caft) Total storage(Cuft)- -0A0 E6A0 S75 D D 200 68.00. 2,250. 2,925 2,925. Culvert/Orifice Structures Weir Structures .[A] .[B] ICI .[D] -[A] [B] .[C] N] Rise in = 12.0- 3.0 8.0 0A Crest Lena- - 0.00 0.00- 0.00 0.00 - -.Span in = 12.0 3.0 8.0 0.0 .Crest EL It = 0.00 0.00 0.00 0.00 No.Barrels = 1 1 1 0 Weir Coen. = 0.00 0.00 0.00 0.00 Invert FJ.ft = 66.00 66.00 66.75 0.00 Weir Type = - - - - Length It = 56.0 20.0 20.0 0.0 MuldSrage = No No No No Slope% = 0.50 1.00 1.00 0.00 - N-Value = .013 .013 .013 .000 Orif.Coeff. = 0.60 0.60 0.60 0.00 MultiSlage = nla Yes Yes No Wiittrarion Rate = 4.00 WhdsgR Ta&water Elev._.0.00 It Nob:Atl rellewa nave Uaen analyrse weer her aiw eutl�orAN. ... Stage/Storage/Discharge Table Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A yyr a Wr C Wr D Erdil Total It Cult It Cis Cfs Cfs CIS CIS CIS Cfs CIS CIS CIS 0.00 0 66.00 0.00 0.00 0.00 - - - - - 0.000 0.00 020 293 6620 0.06 0.06 0.00 - - - - - 0.021 0.08 0.40 585 66.40 0.12 0.12 0.00 - - - - - 0.042 0.16 0.60 878 66.60 0.16 0.15 0.00 - - - - - 0.062 021 0.80 1,170 66.80 0.19 0.18 0.01 - - - - - 0.083 027 1.00 1,463 67.00 0.40 020 - 020 . - - - - - 0.104 0.50 120 1,755 6720 0.80 020 0.57 - - - - - 0.125 0.90 1.40 2,048 67.40 1.17 021 0.95 - - - - - 0.146 1.31 1.60 2,340 . 67.60. 1.44 022 121 - - - - - 0.167 1.60 1.80 2,633 - 67.80 1.66 024 1.42 - - - - - 0.167 -1.85 2.00 2,925 68.00 1.85 024 1.61 - - - - - 0.208 2.06 1' /•1 � / l^�' �.��..��..y1y 111 1 ^� f r a H z° EASTERN LAND SURVEY ASSOCIATES, INC. JOB Lo. s t z wl pcsL�oIL�U�a Christopher R. Mello PLS SHEET No. OF 104 Lowell Street PEABODY, MA 01960 CALCULATED BY DATE X-L-o'S (978) 531-8121 CHECKED BY DATE SCALE _G�o�pDWA'(C-SZ... -Yt-;C41.426E___CA4CVL6;-110N..S _ 7 CLf3$S ......� O• ZS.��1 w1.4..• ACR.F.. �szgPoSQo per Q14t S cry Pw�, 2ecey...aae� -1zec r. or.......... /SgL-A.. !NF_ I.lCV)lt�.L G 6F. -5 , to. A ..... _ ........ C.1c c�YORn __.`104vv.�� = ...... 1c 14•ry cFfC�w+ ,SiER = S8 5....GF �J-tnNe yo`.arnE x0 1c 1 B'�;...-..58•$ _�c, rj__ 5'1,"l c ... . .......... z 'Rec�spnsF �EoS , �t�c- �RcPos�o.� 10 �� �(.a�•�r�+F .30� CF B1ppIC1 A1�1 ISMe L VEI MI I➢NNI WATER QUALITY CALCULATIONS EASTERN LAND SURVEY ASSOCIATES, INC. JOB 1.n�9 \ �. Z Christopher R. Mello PLS SHEET NO. OF 104 Lowell Street PEABODY, MA 01960 CALCULATED DATE (978) 531-8121 CHECKED DATE SCALE Zo-za� ; gpg�6aflEo ' So��oS rteYrlovp�..... ca�cu�A�\o�JS La_• �Zocp TZ�?_NaFR i.wrio ..aN?��Z..RAI\o.J.... DS__ . Solo 3.. iew7\o,� ...�2. .WeS� . _oF PiZC�('oSEO_ o�JFLuvSS ...... 1. SE03_r AWLoft `, 25�v 2. ) Fitz N»\n i �o RZ 1D� aQ�O 'Y4 7S = .GD %G vnodw��i isvesnn��mdeen 0 b ,r � H °z b r STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE PLAN LOTS 1 & 2 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. B. Sediment Forebav The forebay and sediment trap shall be inspected weekly during the construction phase and cleaned when the sediment depth exceeds six inches. Following construction, the forebay shall be inspected monthly and cleaned as necessary, but in no case less often than four times annually. Sediment, hydrocarbons and debris shall be handled and disposed of in accordance with all Local, State and Federal Guidelines and Regulations. C. Infiltration Basin 1. During Construction a. Before the development site is graded, areas of the infiltration basin should be roped off to prevent heavy equipment from compacting the underlying soils. b. The infiltration basin shall not be used as a temporary sediment trap during construction. C. The infiltration basin shall not be constructed until the entire contributing drainage area has been stabilized or silt fence constructed between the basin and upstream areas. C. Infiltration Basin Con't. 1. During Construction Con't d. During and after excavation, all excavated materials should be placed away from the infiltration basin to prevent redeposition during runoff events. All excavated materials should be properly handled and disposed, during and after construction. e. Light earth-moving equipment should be used to excavate the infiltration basin. The basin floor should be deeply tilled with a rotary tiller or a disc harrow to restore infiltration rates, after final grading. 2. Long Term a. The infiltration basin should be inspected after every major storm for the first few months after construction to ensure proper stabilization and function. Thereafter,the basin should be inspected at least twice a year. b. Pretreatment BW's(deep sump catch basins and vegetated swales) should be inspected and the accumulated sediment and other debris removed in accordance with the recommended maintenance schedule. C. The grass in the basin and on the sideslopes should be mowed, and grass clippings, organic matter, and accumulated trash and debris removed, at least twice during the growing season. d. Eroded or barren spots should be reseeded immediately after inspection to prevent additional erosion and accumulation of sediment. e. Deep tilling can be used to break up a clogged surface area. Any tilled areas should be revegetated immediately. f. Sediment should be removed from the basin as necessary. Removal procedures should not take place until the floor of the basin is thoroughly dry. The party 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. DATE INVOICE AMOUNT - 53-179 JOHN R. KEILTY, ESQUIRE 113 Counselor at Law 40 LOWELL STREET -. No 10063 PEABODY, MASSACHUSETTS 01960 .. _ C5� —�—DOLLARS PAMOUNT GATE TO THE ORDER OF GAOSS AMT DESCRIPTION I , NET AMOUNT ; /7 1919 - zcGk B a 6Z4 1 0 Eastern Bank -Lynn, MA J aUTNUflI SI ATu9E � 1180L006311' F:0LL30L4981: 60 0045389 GATE INVOICE AMOUNT 53-179 113 JOHN R. KEILTY, ESQUIRE Counselor at Law 40 L0WELL STREET - N? 10 0 6 4 PEABODY, MASSACHUSETTS 01960 DOLLARS PAMOUNT GAOSS AMT. DESC IPTION NET AMOUNT DATE TO THEORDEROF 7 7 6a O' —�- � -- -- .AUTHUPI S �,AtRE ---�-+-- ()Eastern Bank -Lynn, MA 1160 L006411' E:0 L L30 0981: 60 004538911' DATE INVOICE AMOUNT 53-179 JOHNR. KEILTY, ESQUIRE 113 Counselor at Law 40 LOWELL STREET _ NO 10063 PEABODY, MASSACHUSETTS 01960 PaeeCS� --�'--DOLLARS PAY DATE TOTHEORDEROF GROSSAMT. DESCRIPTION NET AMOUNT /7 - Zcclt /-oi ate 0 Eastern Bank —Lynn, MA AT I✓ AUTHORI SURE,� � ��11.��g I1.010063D8 1:01L30L7981: 60 0045389 / DATE INVOICE AMOUNT 53-179 113 JOHN R. KEILTY, ESQUIRE Counselor at Law 40 LOWELL STREET N0- 10064 PEABODY, MASSACHUSETTS 01960 DOLLARS PAY AMOUNT GROSS AMT DESC IPTION NET AMOUNT DATE TO THE ORDER OF �'` �.ZIT.IRIIJS AT flE Eastern Bank -Lynn, MA R•010064u• •:0 1 1 30 1 7981: 60 0045389n• DATE INVOICE AMOUNT 53-179 JOHN R. KEILTY, ESQUIRE 1 113 Counselor at Law - 40 LOWELL STREET _ NO 1 0 0 6 3 PEABODY, MASSACHUSETTS 01960 7� --�—DOLLARS 1 AMOUNT GATE I TO THE ORDER Of GROSS AMT. DEev SCRIPTION NET AMOUNT /7pep - zcc t Lpi 5((/Eastern Bank -Lynn, MA AUTHDRI SI ATURE II80100631I• i:OL1301798i: 60 00LS389 rm 53-179 113 JOHNR. KEILTY, ESQUIRE Counselor at Law 40 LOWELL STREET N O 10064 PEABODY, MASSACHUSETTS 01960 r--DOLLARS II PAY NET GROSSAMT. DESC IPTION NET AMOUNT DATE T I THE ORDER OF _^ AU Om S AT, RE Eastern Bank -Lynn, MA 1160 1006411' 1:0 L L 301798l: 60 004 S 3890