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PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M4540
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n
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the SALEM
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the First Mass Land Company, LLC
return key. Name Name
°DVQ Ma Fort Ave
Mailing Address Mailing Address
Salem MA 01970
City/Town State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Soil And Ground Water Sample Locations June 2004
Title Date
Title Date
Title Date
2. Date Request Filed:
June 24, 2004
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
Complete Phase II Site Investigation which includes 4 soil borings, 2 monitoring wells, and 6 test pits
which will be installed at 10 Blaney Street
Project Location:
10 Blaney Street Salem
Street Address City/Town
Map 41 Lot 278
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.doc•rev.12/15M Page 1 of 5
L
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection).
❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wpaformldoc•rev.12/15/00 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑
7. If a Notice of Intent is filed for the work in the Riv rfr e ont Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability,work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2.The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
1. The applicant will notify abutters within 100 feet of the project location prior to starting work.
❑ 4.The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•rev.12/15/00 Page 3 of 5
O
I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipalitir
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on by certified mail, return receipt requested on
*/C9/0!/
Date Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determi 'gned by a majority of the Conservation Commission. A copy must be sent
to the approp DeRenal Office (see Appendix A)and the property owner(if different from the
applicant). • • i
Date
wpaf=2.dw•rev.12/16= Page 4 of 6
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, 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 Department of Environmental
Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee
and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as
provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. 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 Determination which is being appealed. To the extent that the
Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands
Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction.
wpafo.2.doc•rev.12/15/00 Page 5 cf 5
C�
CITY OF SALEM
CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands
Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance
Pertaining to General Wetlands at the request of First Massachusetts Land Company, LLC.
Salem Harbor Station, 24 Fort Avenue, Salem, MA. The purpose of this hearing is for a
determination of work related to the installation of monitoring wells, test pits, and soil borings
located within a Buffer Zone to a Coastal Resource Area, Land Under the Ocean, and Land
Subject to 100-year Flooding at 10 Blaney Street. This hearing will be held on Thursday, July 8,
2004 at 6:00 p.m. in Room 313, third floor at 120 Washington Street.
u �
Kevin e Cornacchio
Chairman
July 1, 2004
Please send bill to:
First Massachusetts Land Company, LLC
Salem Harbor Station
24 Fort Avenue
Salem, Ma 01970
(978) 740-8234
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM
7RC
' Customer-Focused Solutions
June 24, 2004
Mr. Donald Cefalo
Salem Conservation Commission
120 Washington Street
' Salem, Massachusetts 01970
' RE: Request for Determination of Applicability to Install
Test Pits and Soil Borings
10 Blaney Street, Salem,Massachusetts
Dear Mr. Cefalo:
' TRC Environmental is writing on behalf of our client, First Massachusetts Land Company, LLC,
to file a Request for Determination of Applicability in accordance with 310 CMR 10.00 for
' installation of test pits and soil borings at 10 Blaney Street in Salem, Massachusetts(Figure 1).
The work is being conducted as part of an environmental site investigation required under the
Massachusetts Contingency Plan, 310 CMR 40.0000.
The test pits, soil borings,and monitoring wells will be installed at several locations at the
property, similar to work conducted at this site in 2001. In March 2001, GEI Consultants, on
behalf of Salem Harbor Station, requested a Determination of Applicability from Salem
Conservation Commission. Salem Conservation Commission issued a Negative Determination
of Applicability at that time.
The proposed Phase 11 site investigation should take four(4)to six(6) days to complete.
Contractors will take several precautions to prevent spills and releases during this work,
' including:
• A Spill Management Plan will be used for all work.
' • Excavators and drilling equipment will be checked for leaks of oil and plastic sheeting
will be used under the equipment to prevent releases.
• Petroleum products or other hazardous materials will not be stored at the property.
' • Excess soil will not be left at the site.
• Hay bales will be used, if necessary.
' Boott Mills South, Foot of John Street-Lowell,Massachusetts 01852
Telephone 978-970-5600.Fax 978-453-1995
' Figure 2 shows the location of monitoring wells and test pits installed in 2001. First
Massachusetts Land Company plans to install test pits and monitoring wells near the White
' Street property boundary and at several locations in the southern half of the property in order to
fill in data gaps for the MCP Phase II report. No wells or test pits will compromise the integrity
of the seawall at the property.
Due to the limited nature of the project, the work will not alter the adjacent resources, which
include"Coastal Bank?and"Land Under the Ocean", as defined in the Wetlands Protection Act
' (310 CMR 10.04). Accordingly, we request that Salem Conservation Commission issue a
Negative Determination of Applicability for this project.
' Enclosed is a check for the$25.00 application fee. If you have any questions, please call me at
(978) 656-3659. Thank you for your review of this material.
1
Sincerely,
TRC Environmental Corporation
Dorothy A McGlincy,LSP
' Senior Program Manager
Enclosure: Application Fee
' Cc: DEP Northeast Region
Lou Arak, USGen NE
Michael Fitzgerald,First Massachusetts Land Company
Paula Hamel, USGen NE
Ray Kenison,USGen NE
1
CusMner-Focused Solutions
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
�
WPA Form 1 - Request for Determination of Applicability CitylTown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the First Massachusetts Land Company, LLC michael.fitzgerald@negt.com
computer, use Name E-Mail Address
only the tab key
' to move your Salem Harbor Station, 24 Fort Ave.
cursor-do not Mailing Address
use the return Salem MA 01970
key. Cityrrown State Zip Code
(978) 740-8234 (978) 740-8215
rm Phone Number Fax Number(if applicable)
' 2. Representative (if any):
TRC Environmental Corporation
Firm
' Dorothy A. McGlincy, LSP dmcglincy@tresolutions.com
Contact Name E-Mail Address
Boot Mills south, Foot of John Street
Mailing Address
' Lowell MA 01852
City/Town State Zip Code
(978) 656-3659 (978)453-1995
' Phone Number Fax Number(if applicable)
B. Determinations
1. I request the Salem make the following determination(s). Check any that apply:
Conservation Commission
❑ a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s)and/or map(s) referenced
below are accurately delineated.
' ® c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Salem
Name of Municipality
' ❑ e.whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforml.doc•rev.02/00. Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
t �
WPA Form 1 - Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
' 1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
10 Blaney Street Salem
Street Address Cityrrown
' Map 41 Lot 278
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
' The property is located at 10 Blaney Street, in Salem, Massachusetts between White Street and
Blaney Street, extending to Salem Harbor(see Figure 1). This flat-lying property comprises 2.4 acres
of vacant, crushed stone covered land.
The three entrances to the property are closed, chained or fenced, and a fence separates the
northern/northeastern property boundary with USGen NE's Salem Harbor electric generating station
(24 Fort Avenue). Residences border the western property boundary, White Street and Hawthorne
Cove Marina border the southern property boundary, and Salem Harbor borders the
eastern/southeastern property boundary. Portions of the property are within 100 feet of a Coastal
Bank
' c. Plan and/or Map Reference(s):
Figure 1 June 2004
' Title Date
Figure 2 June 2004
Title Date
' Title Date
2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary):
' First Massachusetts Land Company LLC plans to complete a Phase II Site Investigation under the
Massachusetts Contingency Plan (MCP) regulations (310 CMR 40.0000). As part of this investigation,
approximately 4 soil borings, 2 monitoring wells, and 6 test pits will be installed at 10 Blaney Street. This
work is similar to work implemented at the property in 2001 for the due diligence site investigtation. First
Massachusetts Land Company does not believe there will be any adverse impacts on the natural
resources from this investigation.
' TRC and contractors will install test pits at several locations on the property to approximately 10 to 12
feet below ground surface. The base of the test pits will be lined with plastic as a marker layer, and the
pits will be backfilled with the soil to land surface. Test pits will be located on site maps. Soil samples will
' be screened in the field and selected samples will be sent to a MA certified laboratory for analysis of
metals, petroleum hydrearbons, and other parameters. Groundwater samples will be collected from
monitoring wells at the site.
' Contractors will take the following precautions to prevent spills and releases during this work: a Spill
Management Plan will be used for all work at Blaney Street; speedy dry will be kept on hand in case of
spills; excavators and drilling equipment will be checked for leaks to prevent site contamination; no
' petroleum products will be stored at the property during this work; if necessary, hay bales will be used,
but we do not anticipate the need for them during this Droiect.
wpafornal.doc•rev.02/00. Page 2 of 4
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1 - Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
' This work area is a vacant plot of land, covered with crushed stone. Due to the limited nature of the
project and the type of environmental sampling proposed for this site, the project will not alter the
adjacent resources, which include "Coastal Bank'and Land Under the Ocean"as defined in the
' Wetlands Protection Act at 310 CMR 10.04. Accordingly, we request that the Salem Conservation
Commission issue a Negative Determination of Applicability. In addition, this work is essentially
identical to the work described in a March 2001 RDA submittal to the Salem Conservation
Commission by USGen New England, Inc. and GEI Consultants.
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
' ❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
' ❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
' ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
' ❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
' application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g., record of date subdivision lot was recorded)supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
1
' vpaforrol.doc•rev.02/00. Page 3 of 4
' Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1 - Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
' and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
' I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see Appendix A)were sent a complete copy of this Request(including all appropriate
documentation)simultaneously with the submittal of this Request to the Conservation Commission.
' Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
' Name and address of the property owner:
First Massachusetts Land Company, LLC
Name
' Salem Harbor Station, 24 Fort Ave.
Mailing Address
Salem
City/Town
' MA 01970
State Zip Code
j ' Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
' in accordance with Section 10.05(3)(b)(1) Wetlands Protection Act regulations.
--""o
(
Signature of Applicant Date
Signature of Repres ive(if any) Date
' wpaforml.doc•rev.02/00. Page 4 of 4
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PROPERTY BOUNDARY
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—s—e— SEWER LINE
MW-101@ MONITORING WELL,DECEMBER 2001 BmlI MRe Sewn
TwrI."I .(HAG l
SS-107 • SURFACE SOIL SAMPLE Ort)n9-eFoe
".103 SEH TEST PIT,APRIL 2001 SOIL AND GROUND WATER
SAMPLE LOCATIONS
NOTE:WELL AND SAMPLE LOCATIONS ARE APPRONMATE FIRST MASSACHUSETTS
BASE MAP SOURCE: LAND COMPANY,LLC
DISPOSAL SITE PLAN,DO CONSULTANTS,INC„SEPTEMBER 10M BLANEY STREET
SURFACE BOIL SAMPLE LOCATION PLAN,GEI CONSULTANTS,INC.,APRIL 3001 SALEM,MASSACHUSETTS
.�nenNnAw l9c fIGUREl MTF.TUNE x9eN
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form
Please complete form and make two copies.
Date Received WO
Amount Received 2S- GO
Form of Payment Check F—] Cash
CHECK PAYMENTS: <
write check number ZUJ
CASH PAYMENTS:
write client initials
�Wconservation
SSign Permit Application Fee
Commission Fee
Payment received for
Planning Board Fee
what service?
0 Old Town Hall Rental Fee
O Other
Name of staff person
receiving payment il T t>lyh
Additional Notes
(Z - X31
ROBERT L. GRAHAM 1792279 2 0 5 8
. 0017922793
,LII DOROTHY A. MCGLINCY
62 PROSPECT RD. DATE 0.? T(AIr 'aa
. s
ANDOVER, MA 01810
PAYTOTHECI OF
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ORDER OF � -
DOLLARS LJ
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827I1 -
/�, grcbper,MaaacM1ustts 01810 /� ( _
�I� MCMO �n1CAh1✓�@PPC �� � U� S�
! �:0LL000138�:. OOl79 -279 ;1141-. 28
Original Check and Form: DPCD Finance
Copy 1: Client
Copy 2: Application File