Notice of Intent Application - Salem€¦ · Locus Maps Figure 1: ... forms on the computer, use only the tab key to move your cursor - do not ... Notice of Intent Application

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH

Notice of Intent Application

September 28, 2017

Proposed Project

Swampscott Road at First Street Roundabout Construction Project

Salem, Massachusetts

Applicant

City of Salem

David Knowlton, City Engineer

120 Washington Street, 3d Floor

Salem, MA 01970

LEC Environmental Consultants, Inc.

12 Resnik Road, Suite 1

Plymouth, MA 02360

508-746-9491

508-746-9492 fax

www.lecenvironmental.com

September 28, 2017

Hand Delivery

Salem Conservation Commission

City Hall Annex

120 Washington Street

Salem, MA 01970

RE: Notice of Intent Application [LEC File #: SI\17-086.02]



Dear Members of the Commission:

On behalf of the Applicant, the City of Salem, LEC Environmental Consultants, Inc., (LEC) is submitting

a Notice of Intent (NOI) Application for the Swampscott Road at First Street Roundabout Construction

Project in Salem, Massachusetts. Portions of the proposed work will occur within the 100-foot Buffer

Zone to Bordering Vegetated Wetland (BVW) and Bank, and within the 200-foot Riverfront Area

associated with the Forest River.

The proposed project has been designed to achieve compliance with the Massachusetts Wetlands

Protection Act (M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the City of

Salem Wetlands Protection Ordinance (Salem Code Chapter 50). Project details are depicted on the

Swampscott Road at First Street Roundabout Construction Plans, prepared by Stantec, dated September

2017 (attached).

Thank you for your consideration of this Application. We look forward to discussing this project with the

Commission at the October 12, 2017 Public Hearing. If you have any questions or need additional

information, please do not hesitate to contact us in our Plymouth office at 508-746-9491 or at

[email protected] and/or at [email protected].

Sincerely,


Andrew Johnson Mark L. Manganello

Environmental Scientist Assistant Director of Ecological Services

cc: DEP Northeast Region; City of Salem; Stantec

Table of Contents


i. WPA Form 3- Notice of Intent ii. Affidavit of Service iii. Abutter Letter iv. Abutter Notification v. Certified List of Abutters

Wetland Resource Area Analysis and Report

1. Introduction 1

2. General Site Description 2 2.1 Floodplain Designation 3 2.2 Massachusetts Natural Heritage & Endangered Species Program Designation 3

3. Wetland Boundary Determination Methodology 4

4. Wetland Resource Area Descriptions 4 4.1 Bordering Vegetated Wetland 5 4.2 Bank 5 4.3 Riverfront Area 6

5. Proposed Project 6

6. Mitigation Measures 8 6.1 Stormwater Management/Sedimentation and Erosion Control 8

7 Regulatory Compliance 9 7.1 Massachusetts Wetlands Protection Act 9

8. Summary 10

Literature Referenced

Appendices

Appendix A Locus Maps Figure 1: Aerial Orthophoto Figure 2: FEMA Flood Insurance Map Figure 3: USGS Topographic Quadrangle Figure 4: NHESP Map Figure 5: Aerial Orthophoto with Tax Parcels

Attachments

Stormwater Management Memorandum, prepared by Stantec, September 2017

Swampscott Road at First Street Roundabout Construction Plans, prepared by Stantec, dated September 2017

wpaform3.doc • rev. 6/28/2016

Page 1 of 9

Massachusetts Department of Environmental Protectio n Bureau of Resource Protection - Wetlands

WPA Form 3 – Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Provided by MassDEP:

MassDEP File Number

Document Transaction Number

Salem City/Town

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

Note: Before completing this form consult your local Conservation Commission regarding any municipal bylaw or ordinance.

A. General Information

1. Project Location (Note: electronic filers will click on button to locate project site):

Swampscott Road a. Street Address

Salem MA b. City/Town

01970 c. Zip Code

Latitude and Longitude: 42, 31, 1N d. Latitude

70, 53, 50 W e. Longitude

Map 07 f. Assessors Map/Plat Number

Public Road g. Parcel /Lot Number

2. Applicant:

David a. First Name

Knowlton b. Last Name

City of Salem c. Organization

120 Washington Street, 3d Floor d. Street Address

Salem e. City/Town

MA f. State

01970 g. Zip Code

(978) 619-5673 h. Phone Number

(508) 746-9492 i. Fax Number

[email protected] j. Email Address

3. Property owner (required if different from applicant): Check if more than one owner

a. First Name

b. Last Name

c. Organization

d. Street Address

e. City/Town

f. State

g. Zip Code

h. Phone Number

i. Fax Number

j. Email address

4. Representative (if any):

Andrew a. First Name

Johnson b. Last Name

LEC Environmental c. Company

12 Resnik Road, Suite 1 d. Street Address

Plymouth e.

MA f. State

02360 g. Zip Code

(509) 746 9491 h. Phone Number

i. Fax Number

[email protected], j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

N/A a. Total Fee Paid

b. State Fee Paid

c. City/Town Fee Paid


Page 2 of 9




MassDEP File Number


Salem City/Town

A. General Information (continued)

6. General Project Description:

Proposed roadway and intersection improvements along Swampscott Road and its intersection with First Street in Salem. Infrastructure improvements will include reconstructing the current three-way intersection to a roundabout roadway design.

7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)

1. Single Family Home 2. Residential Subdivision

3. Commercial/Industrial 4. Dock/Pier

5. Utilities 6. Coastal engineering Structure

7. Agriculture (e.g., cranberries, forestry) 8. Transportation

9. Other

7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological

Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)?

1. Yes No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types)

Maintenance and improvement of existing public roadway 310 CMR 10.53 (3) (f) 2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for:

N/A a. County

b. Certificate # (if registered land)

c. Book

d. Page Number

B. Buffer Zone & Resource Area Impacts (temporary & permanent)

1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area.

2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas).

Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.


Page 3 of 9




MassDEP File Number


Salem City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)

For all projects affecting other Resource Areas, please attach a narrative explaining how the resource area was delineated.

Resource Area Size of Proposed Alteration Proposed Replacement (if any)

a. Bank 1. linear feet

2. linear feet

b. Bordering Vegetated Wetland

1. square feet

2. square feet

c. Land Under Waterbodies and Waterways

1. square feet

2. square feet

3. cubic yards dredged


d. Bordering Land Subject to Flooding

1. square feet

2. square feet

3. cubic feet of flood storage lost

4. cubic feet replaced

e. Isolated Land Subject to Flooding

1. square feet

2. cubic feet of flood storage lost

3. cubic feet replaced

f. Riverfront Area Forest River (Inland) 1. Name of Waterway (if available) - specify coastal or inland

2. Width of Riverfront Area (check one):

25 ft. - Designated Densely Developed Areas only

100 ft. - New agricultural projects only

200 ft. - All other projects

3. Total area of Riverfront Area on the site of the proposed project:

17,671 square feet

4. Proposed alteration of the Riverfront Area:

17,874 a. total square feet

927 b. square feet within 100 ft.

16,947 c. square feet between 100 ft. and 200 ft.

5. Has an alternatives analysis been done and is it attached to this NOI? Yes No

6. Was the lot where the activity is proposed created prior to August 1, 1996? Yes No

3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)

Note: for coastal riverfront areas, please complete Section B.2.f . above.


Page 4 of 9




MassDEP File Number


Salem City/Town

B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont’d)

Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.


a. Designated Port Areas Indicate size under Land Under the Ocean, below

b. Land Under the Ocean 1. square feet


c. Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below

d. Coastal Beaches 1. square feet

2. cubic yards beach nourishment

e. Coastal Dunes

1. square feet

2. cubic yards dune nourishment

Size of Proposed Alteration Proposed Replacement (if any)

f. Coastal Banks

1. linear feet

g. Rocky Intertidal Shores

1. square feet

h. Salt Marshes

1. square feet

2. sq ft restoration, rehab., creation

i. Land Under Salt Ponds

1. square feet


j. Land Containing Shellfish

1. square feet

k. Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above


l. Land Subject to Coastal Storm Flowage

1. square feet

4. Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here.

N/A a. square feet of BVW

b. square feet of Salt Marsh

5. Project Involves Stream Crossings

N/A- no new stream crossings proposed a. number of new stream crossings

N/A- the existing crossing will not be disturbed b. number of replacement stream crossings


Page 5 of 9




MassDEP File Number


Salem City/Town

C. Other Applicable Standards and Requirements This is a proposal for an Ecological Restoration Limited Project. Skip Section C and

complete Appendix A: Ecological Restoration Limited Project Checklists – Required Actions (310 CMR 10.11).

Streamlined Massachusetts Endangered Species Act/We tlands Protection Act Review

1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on

the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI_EST_HAB/viewer.htm.

a. Yes No

If yes, include proof of mailing or hand delivery o f NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road Westborough, MA 01581

Phone: (508) 389-6360

August 2017 b. Date of map

If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOI); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below).

c. Submit Supplemental Information for Endangered Species Review∗

1. Percentage/acreage of property to be altered:

(a) within wetland Resource Area

percentage/acreage

(b) outside Resource Area

percentage/acreage

2. Assessor’s Map or right-of-way plan of site

2. Project plans for entire project site, including wetland resource areas and areas outside of

wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work ∗∗

(a) Project description (including description of impacts outside of wetland resource area & buffer zone)

(b) Photographs representative of the site

∗ Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-review/). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. ∗∗ MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process.


Page 6 of 9




MassDEP File Number


Salem City/Town

C. Other Applicable Standards and Requirements (cont’d)

(c) MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_fee_schedule.htm). Make check payable to “Commonwealth of Massachusetts - NHESP” and mail to NHESP at above address

Projects altering 10 or more acres of land, also submit:

(d) Vegetation cover type map of site

(e) Project plans showing Priority & Estimated Habitat boundaries

(f) OR Check One of the Following

1. Project is exempt from MESA review.

Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory_review/mesa/mesa_exemptions.htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.)

2. Separate MESA review ongoing.

a. NHESP Tracking #

b. Date submitted to NHESP

3. Separate MESA review completed.

Include copy of NHESP “no Take” determination or valid Conservation & Management Permit with approved plan.

3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run?

a. Not applicable – project is in inland resource area only b. Yes No

If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either:

South Shore - Cohasset to Rhode Island border, and the Cape & Islands:

Division of Marine Fisheries - Southeast Marine Fisheries Station Attn: Environmental Reviewer 1213 Purchase Street – 3rd Floor New Bedford, MA 02740-6694 Email: [email protected]

North Shore - Hull to New Hampshire border:

Division of Marine Fisheries - North Shore Office Attn: Environmental Reviewer 30 Emerson Avenue Gloucester, MA 01930 Email: [email protected]

Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP’s Boston Office. For coastal towns in the Southeast Region, please contact MassDEP’s Southeast Regional Office.


Page 7 of 9




MassDEP File Number


Salem City/Town

C. Other Applicable Standards and Requirements (cont’d)

Online Users: Include your document transaction number (provided on your receipt page) with all supplementary information you submit to the Department.

4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?

a. Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Website for ACEC locations). Note: electronic filers click on Website.

b. ACEC

5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?

a. Yes No

6. 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)?

a. Yes No

7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?

a. Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if:

1. Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3)

2. A portion of the site constitutes redevelopment

3. Proprietary BMPs are included in the Stormwater Management System.

b. No. Check why the project is exempt:

1. Single-family house

2. Emergency road repair

3. Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.

D. Additional Information

This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent – Minimum Required Documents (310 CMR 10.12).

Applicants must include the following with this Notice of Intent (NOI). See instructions for details.

Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department.

1. USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)

2. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.


Page 8 of 9




MassDEP File Number


Salem City/Town

D. Additional Information (cont’d)

3. Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.

4. List the titles and dates for all plans and other materials submitted with this NOI.

Swampscott Road at First Street Roundabout Construction Plans a. Plan Title

Stantec b. Prepared By

Richard Azzalina c. Signed and Stamped by

September 2017 d. Final Revision Date

e. Scale

f. Additional Plan or Document Title

g. Date

5. If there is more than one property owner, please attach a list of these property owners not

listed on this form.

6. Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.

7. Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.

8. Attach NOI Wetland Fee Transmittal Form

9. Attach Stormwater Report, if needed.

E. Fees 1. Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district

of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.

Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment:

N/A 2. Municipal Check Number

N/A 3. Check date

N/A 4. State Check Number

N/A 5. Check date

6. Payor name on check: First Name

7. Payor name on check: Last Name


Page 9 of 9




MassDEP File Number


Salem City/Town

F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying

plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location.

1. Signature of Applicant

2. Date

3. Signature of Property Owner (if different)

4. Date

5. Signature of Representative (if any)

9-28-17 6. Date

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery.

For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery.

Other: If the applicant has checked the “yes” box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 1 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key.

A. Applicant Information

1. Location of Project:

Swampscott Road at First Street a. Street Address

Salem b. City/Town

N/A c. Check number

N/A d. Fee amount

2. Applicant Mailing Address:

David a. First Name

Knowlton b. Last Name

City of Salem c. Organization

120 Washington Street d. Mailing Address

Salem e. City/Town

MA f. State

01970 g. Zip Code

978-619-5673 h. Phone Number

(508) 746-9492 i. Fax Number

[email protected] j. Email Address

3. Property Owner (if different):

a. First Name

b. Last Name

c. Organization

d. Mailing Address

e. City/Town

f. State

g. Zip Code

h. Phone Number

i. Fax Number

j. Email Address

To calculate filing fees, refer to the category fee list and examples in the instructions for filling out WPA Form 3 (Notice of Intent).

B. Fees Fee should be calculated using the following process & worksheet. Please see Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities : Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

noifeetf.doc • Wetland Fee Transmittal Form • rev. 10/11 Page 2 of 2


NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

B. Fees (continued)

Step 1/Type of Activity Step 2/Number of Activities

Step 3/Individual Activity Fee

Step 4/Subtotal Activity Fee

N/A

Fee Exempt

Step 5/Total Project Fee:

Step 6/Fee Payments:

Total Project Fee:

Fee Exempt a. Total Fee from Step 5

State share of filing Fee: Fee Exempt b. 1/2 Total Fee less $12.50

City/Town share of filling Fee: Fee Exempt c. 1/2 Total Fee plus $12.50

C. Submittal Requirements

a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts.

Department of Environmental Protection

Box 4062 Boston, MA 02211

b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of

this form; and the city/town fee payment.

To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)

AFFIDAVIT OF SERVICE

Under the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00)

and the

City of Salem Wetlands Protection and Conservation Ordinance (Chapter 50)

I, Sharon A. Sullivan, on behalf of the City of Salem, hereby certify under the pains and penalties of perjury that on September 29, 2017, notification to abutters was given in compliance with the second paragraph Massachusetts General Laws Chapter 131, Section 40, and 310 CMR 10.05 (4) (a), in connection with the following matter:

A Notice of Intent Application filed under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance (Chapter 50) by LEC Environmental Consultants, Inc. on behalf of the Applicant, the City of Salem, with the Salem Conservation Commission on September 28, 2017 for the Swampscott Road at First Street Roundabout Construction Project.

The form of notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service.

__________________________________________ 9/29/17 Sharon A. Sullivan Date Permitting Technician

September 29, 2017

Certificate of Mailing

«Name» «Name2» «Address» «City», «State» «Zip»

Re: Notice of Intent Application [LEC File #: SI\17-086.02]

Swampscott Road and First Street Intersection Reconstruction Project Salem, Massachusetts

Dear Abutter:

On behalf of the Applicant, the City of Salem, LEC Environmental Consultants, Inc. (LEC) has filed a Notice of Intent (NOI) Application with the Salem Conservation Commission for the Swampscott Road at First Street Roundabout Construction Project. The footprint of the proposed project includes municipal roadway reconstruction activities within 300 feet of the existing three-way intersection of Swampscott Road and First Street. The project extends into an adjacent parking lot, which will be slightly expanded, located immediately to the west of the intersection in Salem, Massachusetts. Portions of the proposed work will occur within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and Bank, and within the 200-foot Riverfront Area associated with the Forest River, as protected by the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the City of Salem Wetlands Protection Ordinance.

The NOI Application and accompanying site plans are available for review by the public at the Salem Conservation Commission. The Public Hearing will be held in the 3rd Floor Conference Room, City Hall Annex, 120 Washington Street, Salem on October 12, 2017 at 6:30 p.m., in accordance with the provisions of the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the City of Salem Wetlands Protection Ordinance. Further information regarding this application will be published at least five (5) days in advance in The Salem News. Notice of the Public Hearing will also be posted at the Salem City Hall at least 48 hours in advance.

Please do not hesitate to review the materials and/or attend the public hearing should you have questions or concerns about the proposed project.

Sincerely,

LEC Environmental Consultants, Inc. Andrew Johnson Environmental Scientist enclosure

Notification to Abutters Under the

Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00) and the

City of Salem Wetlands Protection and Conservation Ordinance (Chapter 50)

In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00) and the City of Salem Wetlands Protection and Conservation Ordinance (Chapter 50), you are hereby notified of the following:

A. The names of the Applicant is The City of Salem, 120 Washington Street, 3rd Floor, Salem, MA 01970

B. The Applicant has filed a Notice of Intent Application (NOI) with the Conservation Commission for the municipality of Salem, Massachusetts for the Swampscott Road at First Street Roundabout Construction Project. Portions of the proposed work will occur within the 100-foot Buffer Zone to Bordering Vegetated Wetland (BVW) and Bank, and within the 200-foot Riverfront Area associated with the Forest River, as protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the City of Salem Wetlands and Conservation Ordinance.

C. The footprint of the proposed project includes municipal roadway reconstruction activities within 300 feet of the existing three-way intersection of Swampscott Road and First Street. The project extends into an adjacent parking lot, which will be slightly expanded, located immediately to the west of the intersection.

D. Copies of the Notice of Intent Application may be examined at the Salem Conservation Commission office located at 120 Washington Street, 3rd Floor, Salem, MA or by contacting the Commission at 978-619-5685.

E. Copies of the Notice of Intent Application may be obtained from LEC Environmental Consultants, Inc. (the applicant’s representative) by calling 781-245-2500 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. A fee may be charged for each copy requested.

F. Information regarding the public hearing may be obtained from the Salem Conservation Commission (the regulatory agency) by calling 978-619-5685.

NOTE: Notice of the Public Hearing, including its date, time, and place, will be published at least five (5) days in advance in The Salem News.

NOTE: You also may contact the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call:

Northeast Region: 978-694-3200

Notice of Intent Application



September 28, 2017


Notice of Intent Application Swampscott Road at First Street Roundabout Construction Project


Page 1 of 10


1. Introduction

On behalf of the Applicant, the City of Salem, LEC Environmental Consultants, Inc.,

(LEC) is submitting a Notice of Intent (NOI) Application for the Swampscott Road at

First Street Roundabout Construction Project in Salem, Massachusetts. The footprint of

the proposed project includes municipal roadway improvement and reconstruction

activities within 300 feet of the existing three-way intersection of Swampscott Road and

First Street. In addition to improving the intersection, the project extends into an adjacent

parking lot, which will be slightly expanded, located immediately to the west of the

intersection. The intersection is within a busy transportation corridor that experiences

frequent traffic issues due to its current configuration and existing visual obstructions.

The general project concept is to reconstruct the existing intersection by converting it to a

roundabout design. The proposed project has been designed to accomplish objectives

consistent with the City of Salem’s Master Plan and is intended to achieve the following

goals (including, but not limited to):

Improve traffic safety and operations;

Improve safe access to local business;

Enhance pedestrian connections throughout Salem and to local businesses;

Provide landscaping improvements to a previously degraded area through the

construction of a landscaped center island within the roundabout.

The proposed transportation improvement project is located within a previously

developed area that primarily consists of impervious surface. The proposed project will

not result in substantial increase of impervious surface and includes landscaping to

improve visual aesthetics in the vicinity of the project.

Portions of the proposed work will occur within the 100-foot Buffer Zone to Bordering

Vegetated Wetland (BVW) and Bank, and also involves temporary and permanent

disturbances within the 200-foot Riverfront Area associated with the Forest River. The

Wetland Resource Areas listed above are protected under the Massachusetts Wetlands

Protection Act (M.G.L. c. 131, s. 40; the Act), its implementing Regulations (310 CMR

10.00; the Regulations), and the City of Salem Wetlands Protection Ordinance (Salem

Code Chapter 50).



Page 2 of 10


The following narrative provides a description of the site, the associated Wetland

Resource Areas, proposed activities, and mitigation measures proposed to prevent and/or

minimize potential impacts to Wetland Resource Areas and their associated Buffer

Zones. Specific project details are depicted on the Swampscott Road at First Street

Roundabout Construction Plans, prepared by Stantec, dated September 2017 (attached).

2. General Site Description

The intersection of Swampscott Road and First Street (Appendix A, Figure 1) is located

within southwest Salem, and is comprised mainly of impervious surface and previously

disturbed upland associated with the existing transportation infrastructure. First Street

intersects with Swampscott Road from the east, forming a three-way intersection.

Swampscott Road travels in a north to south orientation and has right-of-way through the

intersection, with a one-way stop sign demarcating the termination of First Street at the

intersection. Swampscott Road and First Street are both undivided public roadways with

one lane of travel in each direction. North of the intersection, Swampscott Road turns

slightly towards the west as it approaches Route 107/Highland Avenue. Topography is

generally flat throughout the project footprint, with steep slopes descending into the

surrounding wetland areas.

A degraded pedestrian crosswalk is located along the southern edge of the intersection,

connecting a parking lot at 36 Swampscott Road to the sidewalk on the southeast corner

of the intersection. To the west of the intersection, a driveway extends to the commercial

property at 36-52 Swampscott Road (Appendix A, Figure 5). A curbed concrete platform

containing a utility pole protected by four crash dampening devices is located between

the driveway and Swampscott Road.

The project footprint is bordered on its northwestern edge by a City-owned transfer

station which is protected by a chain link fence along the property line. To the southwest

lies the above-referenced commercial development and parking area. The transfer station

and commercial development are bounded by steep embankments along the Forest River,

located to the west. An unnamed intermittent stream and fringing Bordering Vegetated

Wetland (BVW) extends between the transfer station and the commercial development,

topographically separating the developments. To the southeast of the intersection, the

Swampscott Road sidewalk adjoins a manicured lawn which extends along the toe of a

steep armored embankment supporting a condominium development located on



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Cavendish Circle. To the northeast of the intersection, undeveloped property exists, with

a steep and descending vegetated slope that extends into a BVW and a forested upland

area. Vegetation within the forested area primarily consists of red maple (Acer rubrum),

tree of heaven (Ailanthus altissima), shagbark hickory (Carya ovata), smooth sumac

(Rhus glabra), Japanese knotweed (Fallopia japonica), and multiflora rose (Rosa

multiflora).

As noted above, two watercourses are present in the vicinity of the project footprint. The

Forest River is a perennial stream that flows north to south to the west of the project

footprint, and an intermittent stream flows into the Forest River northwest of the

intersection as further described in Section 4.2 below.

Two BVWs were identified in the vicinity of the project footprint. One BVW is located

along the northeast corner of the intersection and receives stormwater drainage from

Swampscott Road and First Street via a constructed vertical headwall containing two

culvert outlets. A culvert underneath Swampscott Road provides a hydrological

connection from the northeasterly BVW to a second BVW along the northwest corner of

the intersection. The BVWs are further described in Section 4.1 below.

According to the Essex County Soil Survey, soils surrounding the project footprint are

generally mapped as Chatfield-Hollis-Rock outcrop complex. The presence of these soils

was confirmed during our site evaluation. However, the surrounding steep slopes

appeared to contain substantial amounts of other solid waste and historic fill associated

with development in this area which has existed for many decades.

2.1 Floodplain Designation

According to the Federal Emergency Management Agency Flood Insurance Rate Maps

for the Essex County, Massachusetts, (Panel: 25009C0531G), dated July 16, 2014, the

aforementioned site exists within an area mapped as Zone X (Unshaded) – Areas

determined to be outside the 0.2% annual chance floodplain.

2.2 Massachusetts Natural Heritage & Endangered Species Program Designation

According to the 14th edition of the Massachusetts Natural Heritage Atlas (effective

August 1, 2017) published by the Natural Heritage & Endangered Species Program

(NHESP), the project site does not occur within an Estimated Habitat of Rare Wildlife or

Priority Habitat of Rare Species. No Certified or Potential Vernal Pools occur within the

vicinity of the project site.



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3. Wetland Boundary Determination Methodology

On June 8, 2017 and July 26, 2017, LEC conducted a site evaluation to identify and

characterize existing protectable Wetland Resource Areas located on or immediately

adjacent to the project footprint. Bordering Vegetated Wetland (BVW) boundaries were

determined through observations of the existing plant communities, using the "fifty

percent criteria" to determine dominance of wetland/upland vegetation, the interpretation

of soil characteristics, and other indicators of wetland hydrology in accordance with the

Massachusetts Department of Environmental Protection (MADEP) handbook,

Delineating Bordering Vegetated Wetlands under the Massachusetts Wetlands Protection

Act (March 1995), the Field Indicators for Identifying Hydric Soils in New England

(April, 2004), and the criteria set forth in 310 CMR 10.55.

The boundaries of the BVW were demarcated in the field with blaze orange, surveyor’s

flagging tape embossed with the words “LEC Resource Area Boundary” in bold, black

print. Wetland flags associated with the BVW were survey-located and are numbered

and demarcated on the Plans. The boundaries of each BVW were labeled as follows:

BVW 1 through BVW 10

BVW 100 through BVW 111

The Bank/Mean Annual High-Water line associated with the Forest River was

approximated to be coincident with wetland flag 111 and then extending northwest and

southwest and away from the project footprint. According to the USGS Map (Appendix

A, Figure 3) and confirmed during our Wetland Resource Area delineation, an unnamed

intermittent stream is present along the northern edge of the intersection and functions as

a tributary to the Forest River. Although there was no flow or evidence of pronounced

channelization, we conservatively presumed that the intermittent stream contains a low-

flow channel and the Bank generally coincides with the BVW boundary.

4. Wetland Resource Area Descriptions

Wetland Resource Areas located in the vicinity of the project include Bordering

Vegetated Wetland (BVW), Bank and Riverfront Area associated with the Forest River.

A brief description of each resource area is provided below.



Page 5 of 10


4.1 Bordering Vegetated Wetland

Bordering Vegetated Wetland (BVW) is defined at 310 CMR 10.55 (2) as freshwater

wetlands that border on creeks, rivers, streams, ponds and lakes. The types of freshwater

wetlands are wet meadows, marshes, swamps and bogs. Bordering Vegetated Wetlands

are areas where the soils are saturated and/or inundated such that they support a

predominance of wetland indicator plants. The boundary of Bordering Vegetated

Wetland is the line within which 50% or more of the vegetational community consists of

wetland indicator plants and saturated or inundated conditions exist.

As previously stated, the two Bordering Vegetated Wetlands (BVW) identified in

proximity to the site are presumed to be hydrologically connected and fringing upon an

intermittent stream channel and ultimately the Forest River, as depicted on the USGS

Map. The BVWs generally are dominated by similar plant communities consisting of

moderately dense canopies of red maple (Acer rubrum) with scattered patches of

common reed (Phragmites australius) and sparse ground cover consisting of skunk

cabbage (Symplocarpus foetidus) and cattail (Typha latifolla).

The BVW west of the intersection is surrounded on three sides by steep slopes and did

not appear to contain persistent surface water during the time of inspection. The BVW is

narrow and linear in shape (oriented east to west), measuring approximately 150 feet by

20 feet and adjoins the Forest River. The BVW northeast of the intersection is oblong in

shape, measuring approximately 100 feet by 50 feet. At the time of inspection on July

26, 2017, the BVW appeared to contain stagnant surface water no greater than

approximately 6 inches in depth.

4.2 Bank

Bank is defined in 310 CMR 10.54 (2) (c) as the first observable break in the slope or the

mean annual flood level, whichever is lower. The lower boundary of a Bank is the mean

annual low flow level.

Bank is defined in the City of Salem Wetlands Protection Ordinance (Salem Code

Chapter 50) as that part of land adjoining any body of water which confines the water.

According to the USGS Topographic Map (Appendix A, Figure 3) and verified in the

field, Bank is associated with two streams in proximity to the project footprint. The

unnamed intermittent stream which connects both above mentioned BVWs through a

culvert under Swampscott Road to the north of the intersection contains man-made



Page 6 of 10


Banks. At the time of inspection, the culvert appeared to be located significantly below

the existing ground surface. Although no flow was observed, it is presumed that the

Bank coincides with the boundary of the delineated BVWs.

The Bank of the Forest River also appears to be man-made and is confined by a sharp

break in the slope behind the city’s transfer station until its confluence with the unnamed

intermittent stream. At this location, the Bank appears to be less defined or at least less

visible due to the ponded water. However, a steep embankment was visible under water,

which appeared to confine the Forest River’s flow during low flow conditions. The river

transitions back to a steeply sloped Bank comprised of a constructed rip-rap revetment

near the self-storage facility. The Bank of Forest River functions as the Mean Annual

High Water (MAHW) line for the purposes of establishing the limits of Riverfront Area.

4.3 Riverfront Area

Riverfront Area is defined at 310 CMR 10.58 (2) as the area of land between a river’s

mean annual high-water line measured horizontally outward from the river and a

parallel line located 200 feet away, except that the parallel line is located 25 feet away in

Boston, Brockton, Cambridge, Chelsea, Everett, Fall River, Lawrence, Lowell, Malden,

New Bedford, Somerville, Springfield, Winthrop, and Worcester.

Riverfront Area is associated with the Forest River which flows parallel to Swampscott

Road to the west of the project, as described above. The Riverfront Area extends 200

feet from the Bank of the river and is encompassed by a mix of previously disturbed area

associated with the surrounding commercial, industrial, and transportation infrastructure.

As a result, the project footprint is confined primarily within Previously Developed

Riverfront Area, as per 310 CMR 10.58 (5).

5. Proposed Project

The Swampscott Road at First Street Roundabout Construction Project in Salem involves

reconstruction of the existing intersection and surrounding infrastructure to improve

traffic safety, improve pedestrian safety, provide visual mitigation, and enhance traffic

patterns. Proposed construction activities include the following:



Page 7 of 10


Reconstruction of the intersection from its current three-way design to a

roundabout design with associated grading and landscaping to create four

congruent points of ingress and egress. Additional components include:

- Proposed landscaped center island within the roundabout encompassed

by a concrete truck apron.

- Crosswalk establishment and revitalization to the south and east of the

intersection. The proposed crosswalks would be equipped with

wheelchair ramps to allow for safe access on and off the curbed

sidewalks.

- Minor roadway widening to accommodate for flared entrance/exit to the

roundabout (also intended to improve safety by reducing visual

obstructions while entering/exiting the intersection).

- Proposed cement barriers around the island safely demarcating/dividing

the travel lanes of each path of travel.

- Improved signage within the intersection.

- Relocation of utilities.

Expansion of the existing parking lot at 36 Swampscott Road towards the north

and south in order to maintain the number of current parking spaces and

accommodate the new driveway location.

Proposed activity is further detailed in the Swampscott Road at First Street Roundabout

Construction Plans (attached). Although construction timing and construction “means

and method” sequencing is subject to change, it is anticipated that construction will begin

in the Fall of 2017 and be completed in Fall of 2018. Prior to construction, utility

removal and relocation will be completed by National Grid. Upon mobilization, it is

anticipated that erosion controls will be installed to protect adjacent wetland resource

areas (see attached Plans) and to demarcate the limit of work. Upon installation of

erosion controls, intersection improvements/reconstruction will commence utilizing an

approved traffic management plan. Restoration will occur after construction is complete

and will include stabilization and repair of temporarily disturbed areas to their original

condition. Lastly, sediment and erosion controls will be removed from the site.



Page 8 of 10


As noted above, the proposed project will involve temporary and permanent disturbance

to the 100-foot Buffer Zone to BVW, Bank, and also the 200-foot Riverfront Area

associated with the Forest River as follows:

100-foot Buffer Zone BVW/Bank: 26,337 square feet of temporary disturbance

and 4,281 square feet of permanent disturbance.

Riverfront Area: 14,721 square feet of temporary disturbance and 3,153 square

feet of permanent disturbance. The project footprint is primarily located within

previously developed Riverfront Area.

- Within 0 – 100 feet: 332 square feet of temporary disturbance and 595

square feet of permanent disturbance.

- Within 100 – 200 feet: 14,389 square feet of temporary disturbance and

2,558 square feet of permanent disturbance.

6. Mitigation Measures

6.1 Stormwater Management/Sedimentation and Erosion Control

The Stormwater Management System for the proposed project has been designed to

include structural Best Management Practices (BMPs) in order to comply with the DEP’s

Stormwater Management Guidance and Performance Standards at 310 CMR 10.05 (6)

(k). The existing stormwater management facilities within the project footprint are

comprised of a closed drainage system consisting of man holes, catch basins, and piping.

Where applicable, the proposed project includes retrofitting the existing drainage system

by relocating, adjusting or construction of new deep sump/hooded catch basins, piping,

and drainage manholes. Additional information regarding proposed improvements to the

existing drainage system are identified on the Plans and within the Stormwater

Management Memorandum, prepared by Stantec and dated September 2017 (attached).

An erosion control program will be implemented to protect the adjacent Wetland

Resource Areas from sedimentation during the proposed construction activities. Erosion

controls will be installed to demarcate the limit of work and provide additional assurance

that construction equipment will not further intrude beyond the limits of proposed work

to protectable Wetland Resource Areas. All barriers will remain in place until disturbed

areas are stabilized with vegetation. Erosion controls will be installed prior to



Page 9 of 10


construction and inspected/maintained for the entirety of the project until vegetated

stabilization is achieved. Furthermore, for the duration of the project, soil disturbances

will be limited to only that necessary to safely operate equipment and conduct proposed

reconstruction activity within the confines of the proposed limits of work.

7. Regulatory Compliance

The Regulations under the Act and the Ordinance enumerate several Performance

Standards for proposed work activities within 100-foot Buffer Zone and within

Riverfront Area; however, the Act includes a Limited Project provision [Section 10.53 (3)

(f) specific to correcting substandard intersections as described below. The City of Salem

Wetlands Protection Ordinance does not contain any regulations that substantially differ

from the state Regulations; therefore, the following analysis of the state Regulations is

applicable to permitting the project under the Ordinance as well.

7.1 Massachusetts Wetlands Protection Act Regulations

According to 310 CMR 10.53 (3), “… the Issuing Authority may issue an Order of

Conditions and impose such conditions as will contribute to the interests identified in

M.G.L. c. 131, § 40 permitting the following limited projects (although no such project may

be permitted which will have any adverse effect on specified habitat sites of Rare Species.

According to 310 CMR 10.53 (3) (f), “…Maintenance and improvement of existing

public roadways, but limited to widening less than a single lane, adding shoulders,

correcting substandard intersections, and improving inadequate drainage systems.

Buffer Zone and Riverfront Area disturbances may be permitted under the above Limited

Project provision for the improvement of existing roadways and correcting of

substandard intersections, such as the Swampscott Road/First Street intersection. The

proposed reconstructed intersection, which will improve the existing roadway, is limited

to widening less than a single lane and involves improvements to the existing drainage

systems, as described above. As noted above, the project is not proposed within any

Priority Habitat for Rare Species and therefore no adverse effects are anticipated to

specific habitat sites of Rare Species.



Page 10 of 10


8. Summary

On behalf of the Applicant, the City of Salem, LEC is submitting this NOI Application to

construct the Swampscott Road at First Street Roundabout Construction Project.

Portions of the proposed work will occur within the 100-foot Buffer Zone to BVW and

Bank. The project also involves temporary and permanent disturbances within the

Riverfront Area associated with the Forest River but qualifies as a Limited Project and

has been designed by Stantec, in collaboration with the City of Salem and LEC, to

achieve compliance with the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s.

40), its implementing Regulations (310 CMR 10.00), and the City of Salem Wetlands

Protection Ordinance (Salem Code Chapter 50).

Literature Referenced


Massachusetts Department of Environmental Protection - Division of Wetlands and

Waterways, Delineating Bordering Vegetated Wetlands Under the Massachusetts

Wetlands Protection Act, A Handbook, dated 1995.

Massachusetts Natural Heritage and Endangered Species Program Atlas of Estimated

Habitat of State-listed Rare Wetlands Wildlife. Natural Heritage & Endangered Species

Program, Massachusetts Division of Fisheries & Wildlife, Route 135, Westborough, MA

01581, www.state.ma.us/dfwele/dfw

Massachusetts Wetlands Protection Act (M.G.L. c. 131, §. 40), www.state.ma.us/dep

Massachusetts Wetlands Protection Act Regulations (310 CMR 10.00),

www.state.ma.us/dep

City of Salem Wetlands Protection Ordinance (Salem Code Chapter 50).

National Flood Insurance Program, Federal Emergency Management Agency Flood

Insurance Rate Map

New England Hydric Soils Technical Committee. April 2004, 3rd ed., Field Indicators for

Identifying Hydric Soils in New England, New England Interstate Water Pollution

Control Commission, Wilmington, MA.

Reed, P.B. 1988. National List of Plant Species that Occur in Wetlands: 1988

Massachusetts. U.S. Department of the Interior, Fish and Wildlife Service. NERC-

88/18.21.

City of Salem GIS Database

Appendix A

Locus Maps

Figure 1: Aerial Orthophoto

Figure 2: FEMA Flood Insurance Map

Figure 3: USGS Topographic Quadrangle

Figure 4: NHESP Map

Figure 5: Aerial Orthophoto with Tax Parcels


Plymouth, MA508.746.9491


Figure 1:Aerial Orthophoto ±Swampscott Road at First Street

Salem, Massachusetts September 1, 2017

0 200 400100Feet

LOCUS

2013 Aerial Orthophoto acquired from the Office of Geographic Information

(MassGIS) website.

<Double-click here to enter title>

Intersection ImprovementsSwampscott Road at First Street

Salem, MAMarch 29, 2017

Environmental Consultants, Inc.Wakefield, MA781.245.2500


±0 500250 Feet

Images from MassGIS1:25,000 USGS Topographic Maps

April 2001

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Figure 3:

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Typewritten Text

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Typewritten Text

<Double-click here to enter title>

Figure 4: NHESP MapSwampscott Road at First Street

Salem, MA

September 1, 2017

LOCUS

SWAM

PSCOTT RO

AD

FIRST STREET

Environmental Consultants, Inc.Wakefield, MA781.245.2500


±0 200100 Feet

Office of Geographic and Environmental Information(MassGIS), Commonwealth of Massachusetts,

Executive Office of Environmental Affairs

MassGIS USGS Ortho Imagery (2013)

NHESP Estimated Habitatsof Rare Wildlife (2017)NHESP Priority Habitatsof Rare Species (2017)

Legend


Plymouth, MA508.746.9491


FIRST STR

EET

Figure 5:Aerial Orthophoto with Tax Parcels ±Swampscott Road at First Street

Salem, Massachusetts September 1, 2017

0 200 400100Feet

LOCUS

2013 Aerial Orthophoto acquired from the Office of Geographic Information

(MassGIS) website.